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Home My WebLink AboutCOC Packet 2022-01-12 nn W TOWN OF ITHACA . _ NEW YOR DEPARTMENT OF PLANNING 215 N.Tioga St 14850 607.273.1747 www.:towrnithI�ca.:_n ...us 01/06/2022 TO: Codes and Ordinances Committee: William Goodman, Chair Eric Levine Eva Hoffmann Rob Rosen Yvonne Fogarty FROM: Christine Balestra, Planner RE: Next Codes and Ordinances Committee Meeting—January 12, 2022 The next meeting of the Codes and Ordinances Committee is scheduled for Wednesday, January 12th at 5:30pm via Zoom (details on the next page). A quorum of the Town of Ithaca Town Board may be present at this meeting. However, no official Town Board business will be conducted. The following items are attached: • Minutes from the November 10th and December 81h meetings. • Proposed amendments to the Ithaca Energy Code Supplement with cover memo overview (1/5/22). • Complete adopted IECS (provided digitally via email only). If you cannot attend this meeting, please notify Christine Balestra as soon as possible at (607) 273-1747, (607) 227-0956, or....................................a La..Ccc�.t2a L....t.fl a..n ...us. cc: Susan H.Brock,Attorney for the Town Susan Ritter,Director of Planning Marty Moseley,Director of Code Enforcement Abby Homer,Administrative Assistant Paulette Rosa,Town Clerk(email) Town Administrative staff(email) Town Board Members(email) Town Code Enforcement staff(email) Town Planning staff(email) Town Public Works staff(email) Media TOWN OF ITHACA CODES AND ORDINANCES COMMITTEE 215 North Tioga Street Ithaca, New York 14850 (607) 273-1747 PLEASE NOTE: Members of the public who wish to attend the meeting via Zoom may call in on a cell phone or landline at (929) 436-2866 and enter the Meeting ID: 675 059 3272; or may view the meeting by computer at https://zoom.us/e/6750593272. Once on Zoom, click on "Join A Meeting" and enter the Meeting ID: 675 059 3272. The meeting will also be recorded on the Town of Ithaca YouTube Channel. Meeting of January 12, 2022 - 5:30 P.M. AGENDA 1. Member comments/concerns. 2. Minutes from November 10, 2021 and December 8, 2021 meetings. 3. Discussion of Energy Code Supplement Amendments. 4. [Time permitting] Discussion of Updates to Town of Ithaca Telecommunications Law. S. Other business: • Next meeting date: February 16, 2022 Town of Ithaca Planning Department January 6,2022 TOWN OF ITHACA CODES AND ORDINANCES COMMITTEE (COQ Meeting of November loth 2021—5:35 pm —Zoom, and live on YouTubel Draft Minutes Members and Staff Present: Bill Goodman, Chair, and Eva Hoffmann, Bill King, Yvonne Fogarty, Pat Leary, and Eric Levine Members. Marty Moseley, Director ofCode Enforcement; Chris Ba|estra, Planner; Susan Brock Counsel, Abby Homer, P|anningAdnnin Asst Staff. Bill G. set up the meeting to broadcast on YouTube along with the Zoom platform. 1. Member cormmlemtp/cmmcerma. There were none. 2. Minutes from October 2021, COC meeting. The first draft was circulated, minor changes were recommended by Susan Brock and Eva. All changes were accepted. Eva moved to approve the minutes as amended and Yvonne seconded. All members voted in favor of approval. 4. Discussion ofUpdate Town of Ithaca &&Town ofFishki|U Telecommunications Laws. Susan Brock watched the video of the 10/20/21 Town of Fishkill public hearing on their proposed Telecommunications Ordinance, drafted by Attorney Andrew Campanelli. The Fishkill law still has some gaps. There were many questions and statements between the Board, Mr. [annpane||i, and the public. One highlight from the hearing included Mr. [arnpane||i's statement that as the Second Circuit Court of Appeals law stands right now, and based on the facts on the ground in Fishki||, the proposed law would potentially cause a95Y6denial rate for telecommunications applicants, since the law requires applicants to prove that there's a significant gap in service—and telecommunications services are apparently considered adequate in the Town ofFishki||. Susan quoted a statement that Mr. Campanelli made at the hearing that the Telecommunications Act of 1996 (TCA) does not guarantee carriers the right to put up wireless facilities at any frequency they want. Susan then provided details about her further review ofa pivotal 1999 Second Circuit Court of Appeals opinion that governs federal courts in NYS (Sprint Spectrum v. VVi||oth). The TCA constrains local governments from prohibiting or having the effect of prohibiting personal wireless services (PVVS). TheVVi||oth opinion gave us the substantial gap/least intrusive means standards that federal courts in NYS apply to determine if a |avv prohibits or has the effect of prohibiting PVV5. That opinion also tells us what types of services are covered by that TCA constraint and which types of services are not covered. The Court walked through the definitions Congress provided in the TCA and concluded Congress has defined "personal wireless services" for us, and that term means the ability of a cell phone to reach a cell site that is connected to the land-line exchanges. A person with a cell phone has to be able to connect toa cell site so they can make a voice telephone call to someone onaland- line—that isit. Susan quoted from the opinion: "in other words, local governments must allow service providers to fill gaps in the ability of wireless telephones to have access toland-lines." | Susan then talked about a 2012 federal district court case involving the Village of Lynbrook, NY where the wireless telecommunications provider wanted to roll out 4G. The only piece of 4G apparently at issue was wireless broadband Internet access service (such as streaming and the ability to surf the Web from a cell phone). The court said wireless broadband Internet access service is not PWS covered by the TCA. This means anything other than voice calls to landlines (such as data streaming, Internet browsing) is information services, not telecommunications services. The TCA constraint re: prohibition of PWS does not attach to anything other than the ability of a cell phone to make a voice call to someone on a landline. Susan also talked about a 2018 Town of Hempstead, NY federal district court case in which Crown Castle had 3G and some 4G service and wanted to install more 4G towers. The court followed the Willoth case law in denying the carrier's summary judgment motion. The judge said the carrier had failed to establish upon undisputed fact that the proposed nodes were designed to remedy a gap in cellular telephone service, as opposed to a deficit in 4G LTE service. Susan quoted from that case: "A gap in 4G coverage does not establish that the target area is underserved by voice cellular telephone service.... Such improvements may be desirable, but they are not protected from local decisionmaking under [the TCA.] This requisite of law squares with the needs of mobile telephone users, who, provided they can place calls successfully, have little concern for the nature of the technology responsible." The Court asked whether, factoring in existing 3G and 4G availability, does a deficit exist? The Court wanted to schedule a hearing on the issue of whether, in considering the availability of 3G and 4G LTE service in the target geography (as well as any other available mechanisms that provided connections between mobile phones and the national telephone network), there exists a deficit in voice communications service in that area. Besides a follow-up opinion denying certification of some questions to the Second Circuit, there is no reported case law on what happened in Hempstead. It would be interesting to ask that town what happened. Susan said the Fishkill law defines PWS in a perfect way by using the words from the statute and stating as "within the meaning of" the TCA. The Second Circuit has defined the TCA as meaning the ability to place voice calls from cell phones. Both Mr. Campanelli (at the Fishkill meeting) and Susan Brock (at the COC meeting) clearly stated —and repeated -that a municipality cannot legally regulate telecommunications based on health concerns, if a facility is FCC-compliant. Susan quoted Mr. Campanelli as saying "I want to make this crystal clear on the record. Under the Telecommunications Act of 1996, one of the constraints it imposes on local governments, it says local governments may not regulate wireless facilities based on environmental concerns, which federal courts in NY have ruled means health concerns,to the extent that a facility is FCC-compliant." If an applicant shows FCC compliance, Mr. Campanelli said "the local government cannot regulate based on health concerns. That's law. Period. End of story." Susan said the COC already knew municipalities could not regulate based on health concerns where the facility is FCC-complaint, but she was mentioning this because some people are watching or will watch the COC meeting on YouTube, and she wants them to know this is what Andrew Campanelli told the Town of Fishkill. Some people have talked with COC about other things Mr. Campanelli has brought up, and she wanted to emphasize that Mr. Campanelli was unambiguous on the health concern point. 2 The setback distances in the Fishkill law between telecommunications facilities and residences were left blank at the time of the Fishkill hearing, so their Town Board could decide on the setback. One of the public commenters pushed on him and asked about 1,000 feet and 500 feet, and he said no to both. He suggested different setbacks based on districts, but the Town Board wanted the same setback everywhere. Mr. Campanelli said a blanket setback of 200-300 feet could be used as long as that did not wipe out all residential districts. Mr. Campanelli said if a carrier does not meet the setback, all that means is it would need to apply for a variance. Ironically, it might be easier to get a variance than people want. Someone asked if the law could say wireless facilities are not allowed at all. Mr. Campanelli said you cannot outlaw wireless facilities in residential districts. He said "300 feet is probably safe unless that would wipe out the entire residential district." After some discussion,the Fishkill Town Board ultimately settled on 300-foot setbacks and asked him to put that in the Fishkill law. The Town of Fishkill did not take formal action at the public hearing. The Fishkill Town Board continued the public hearing to their December 1 meeting. The version of the law on the web has some sections reserved, such as those for bonding and the ZBA process, although it sounded as those Mr. Campanelli had already drafted those provisions. Susan then answered clarifying questions of the Codes and Ordinance Committee, including: • Were larger setbacks discussed in the Town of Fishkill meeting?Yes, although none as large as 1500 feet or 1640 feet. Andrew Campanelli said carriers used to say they needed 200-300 feet, but now he is hearing they want to go as low as 100 feet in residential neighborhoods. Susan noted that the setbacks can't prohibit all wireless facilities, but aesthetics can be considered as a factor in regulating the placement of facilities. • Will the Willoth case re: land-lines hold up, since not many people have them anymore? Some people do. It is up to Congress to change the TCA. Cases say that even though technology has moved on, the law has not changed, and the courts must enforce the law as written. This is how the law defines it, and the courts must apply it that way. This is what the Second Circuit says right now, although anything could change. • If the applicant has proven that there's a significant gap in coverage, found that no less intrusive means are available to close the gap, and the setbacks are met, can the project be denied? No, that would be an effective prohibition of PWS. • How is the setback distance factored, if not for health/environmental reasons? One can factor in things like visual impacts and aesthetics. Is 300-feet defensible under aesthetics? Yes, 300-feet is defensible from an aesthetics standpoint. It is up to the Town Board to determine, but there would be a rational basis for 300 feet. But there cannot be an effective prohibition. We look at what the applicant proposes, they have to show us the technical limitations on what they are proposing, and we then apply the Second Circuit test. Bill reminds COC that in addition to setbacks from residences,the COC's prior draft law and the City of Ithaca's recently adopted law have 1500 between small cells because Verizon said they could go that far. For aesthetic reasons, we do not want a lot of clutter. • Is the town prohibited from considering health just for the voice communication piece of services? No, while the TCA's prohibition on considering environmental effects covers only PWS, the applicants likely will want to provide both voice calls and other services through 3 their facilities. Susan does not see the door open to regulate anything based on health effects. • Does the town have cell coverage maps to see if there is adequate coverage in the town? No. Maps provided by carriers may not be current or accurate. The FCC will not accept coverage maps anymore for the reasons Andrew Campanelli has told us and as explained in the FCC report that he attached to Fishkill's law. The town could hire a consultant to determine coverage, but the consultant would need to know the equipment and parameters to apply. The applicant needs to prove a significant gap in coverage through dropped call data and other data as set out in our proposed law. • Can the carriers just upgrade the existing facilities when/if needed? Modifications and upgrades have taken place on the sites around town throughout the years. Some have required permit modifications or additional review/site plan approval under the town's existing telecommunications law and the TCA. Town approvals are for specific equipment, so our law will tell us what triggers the need to come back for a modified permit or additional approval. Applicants will need to submit information certifying the proposed facilities would meet FCC standards. The TCA requires approval of a very limited subset of facility changes. • If the applicant cannot prove a significant gap in coverage, can applications/permits be denied?Yes, if the language in the law were crafted that way. Standard zoning considerations would apply—whether the facility is out of character with the area, its impact on property values, aesthetics impacts. A brief review of the Town of Fishkill Law indicated that their Planning Board makes local zoning determinations first based on impacts on aesthetics, real estate values, community character, historic properties/historic districts, and ridgelines, and fall zone sufficiency. If the facility would be denied based on those factors, then the Planning Board goes on to the Telecommunications Act determination to determine whether there is a significant gap in coverage, and if the proposal is the least intrusive means to remedy the gap. • Is there a way to differentiate between 3G, 4G, 5G? Can we approve one type but deny others? No, they are all technology that is protected under the Telecommunications Act. We have to look at the functionality of the service to see if people with cell phones can make calls to people with land-lines. Chris Balestra presented two maps requested by the committee at the last meeting. The committee asked for maps that showed the setbacks surrounding residences. One map showed a 250-foot radius setback from all residential buildings in the town. The other map showed a 1500-foot radius. Chris clarified that most telecommunications facilities were located along roads (linear layouts), whereas these maps showed a distance around each residence, whether along a road or not (radial layout). Chris also pointed out the approximate locations of the three current telecommunication towers in the town, along with smaller free-standing cell antennas on many buildings and businesses. The committee thanked Susan for her time, research, and presentation of the information and will continue the discussion on setbacks for telecommunications facilities at the December COC meeting. 4 Bill G. asked the committee to turn their attention to the annotated Town of Fishkill telecommunications law provisions that were provided in the previous COC mail out. Susan had added red text boxes tothe law, with questions for the committee to consider. Given the late hour, the committee only focused on the following: • Who initially reviews the telecommunications applications and determines completeness? |sit the Codes, Planning, Engineering Departments? The Planning Board? The committee generally agreed that staff should conduct the initial review but did not decide which department. Planning and Codes staff will get together to discuss this before the next C(][ meeting. • The "Adequate Coverage" and "Effective Prohibition" definitions were noted as relevant to the significant gap/least intrusive means determination and findings. • Should the Planning Board make the factual determinations for ALL facilities or should staff members handle the small stand-alone antennas, co-location modifications, etc., and have the large proposals referred to the Planning Board? There was general agreement that the small stand-alone antennas and small modifications should be made by staff. But the committee wants to look at the previous flow charts that were prepared that showed internal review for some circumstances and Planning Board review for other circumstances. The committee will discuss this at the next meeting. 5. Other business. Yvonne recommended the Planning Board receive training on the updated regulations before applications with specific parameters come before them. Bill G. reported briefly on information he received from Marty Moseley before the meeting regarding FAA concerns related to 5G frequencies interfering with air traffic control/airplane safety equipment. Some companies are pausing their 5G rollout as this is researched. Susan stated AT&T and Verizon are delaying their 5G rollouts until January 5, 2022 because of this. The FAA is concerned these frequencies may interfere with airplane altimeters. She will forward the FAA bulletin issued on11/J/2O21to the committee. The FAA is conducting a risk assessment. There are a lot of articles on the internet for anyone interested. It is not clear at this time what effect this will have on the town. ° Next meeting: December[th , 2021 ° Agenda: Report on Town of Fishki|| December meeting (December 1, 2021) -Discussion of new map that shows a 300' setback radius from all residences -Continued discussion of Town of Fishkill law excerpts, specifically the assignment of "gatekeeper" (staff or board), who would review applications for completeness, and which applications go to the Board or staff for factual determinations. Discussion of Susan Brock'sADA memo tothe [[)[ [attorney-client privileged and not subject to FOIL, do not distribute externally]. The meeting adjourned at 7:21 pm. 5 TOWN OF ITHACA CODES AND ORDINANCES COMMITTEE (COC) Meeting of December 8th, 2021 —5:30 pm—via Zoom and live on YouTube Draft Minutes Members and Staff Present: Bill Goodman, Chair, and Eva Hoffmann, Yvonne Fogarty, Pat Leary, and Eric Levine- Members. Marty Moseley, Director of Code Enforcement; Chris Balestra, Planner; Susan Brock, Counsel-Staff. Member Absent: Bill King Bill G. set up the meeting to broadcast on YouTube along with the Zoom platform. The agenda was then reviewed, and Bill noted that public comment would not be taken at this meeting but may be taken at the January 2022 COC meeting. 1. Member comments/concerns. There were none. 2. Minutes from November 2021, COC meeting. The first draft was circulated, major changes were added by the town attorney for clarity; and the approval was tabled to January 2022, so members had time to fully review. 3. Discussion of Potential Energy Code Supplement Revisions. Sustainability Planner Nick Goldsmith and Director of Code Enforcement Marty Moseley submitted a memo briefing an overview of proposed amendments needed to the Energy Code Supplement (ECS) to be in line with NYS Energy Code. Marty explained that the NYS Codes Council had not yet reviewed the ECS in full, however one element in the local code had been identified as being less stringent than the current NYS Energy Code. A cursory review also identified a few other areas that need minor amendments. A full,red-lined document for comparison and consideration will be presented to the committee in January. 4. Discussion of Updates to Town of Ithaca Telecommunications Law—report on Town of Fishkill law status and review of attached meeting materials. Susan Brock reported that Andrew Campanelli drafted a revised law for Fishkill after feedback from the previous October version. The newest revision is available on the Town of Fishkill website. Two sections were noted as still being "reserved"-including the ADA accommodations section. A public hearing was held; there were no public comments. The Town of Fishkill left the public hearing open until the next Fishkill meeting, scheduled for 12/15/2021. The revised Fishkill law included design standards, along with parking, lighting, fencing, and other provisions that were carried over from their current law. The setback section was left blank in the October draft. But the revised draft included a 300-foot setback between wireless facilities and all residences town-wide. This was agreed upon as the highest number that Andrew Campanelli was willing to go, as the Fishkill Town Board wanted as high of a number as possible without prohibiting all residential locations. Susan read the setback section from the revised draft, and it read as follows: "Within all residentially-zoned districts, all small wireless facilities shall be setback a minimum of 300 feet from any residential building or structure, unless the facility is being installed upon a pre-existing utility pole or is being collocated upon a 1 pre-existing personal wireless service facility." "Within non-residential zones, the minimum setback shall be SO feet, unless the facility is being installed upon a pre-existing utility pole or other utility structure." Susan concluded that the language meant there would be no setback requirements for small wireless facilities that are placed on pre-existing utility poles or co- located on pre-existing personal wireless service facilities. She suggested following up with the Town of Fishkill Planning department to inquire why the law was worded that way. Susan will report on the progress of the Fishkill law at the next COC meeting in January. Chris Balestra noted she would follow up with the Town of Fishkill Planning department on the pre-existing setback section and report back to the committee at the next meeting. The committee then reviewed the setback map prepared by staff that showed a 300-foot radius around residences in the Town of Ithaca. The committee had previously reviewed 250-foot and 1500-foot setback maps. The COC moved on to discussing the "Town of Ithaca Approval Process and Aesthetics Requirements For All Wireless Facilities" that was finalized in June of 2020, along with the accompanying application process flow charts. These documents were referenced when the committee discussed the question of who would be the "gatekeeper" for applications submitted to the town. Susan Brock noted the importance of this role, due to the FCC shot clock timing sensitivity. Chris stated that the Planning Department had taken the role of gatekeeper in the past, and was the main communicator between the applicants, the Planning Board, and the Codes Department. The Planning and Codes Departments informally discussed this before the COC meeting and agreed that the process should begin with Planning Department staff. Susan Brock noted that there may be changes needed to the existing flow charts, based on the FCC Orders and other necessary changes. She stressed that the charts should be viewed as "current working drafts" and not final drafts. For example, the flow charts did not specifically identify a gatekeeper or the specific department/staff member that would begin the process, nor who makes the factual determinations e.g., findings,that would be in the law. The Fishkill draft identifies the Building Inspector as both the gatekeeper and the factual determination-maker. Chris reiterated that Planning department staff began the process at the Town of Ithaca and recommended that Planning staff become the "gatekeeper." Committee members agreed with the recommendation that the Planning staff would continue to be the gatekeeper. The Planning and Codes Departments also discussed the factual determinations to be rendered when considering a wireless facility. Staff recommended that if an application went to the Planning Board for review, then the Board would make the determinations, much like special permit findings that are in the existing Town of Ithaca Code. But staff felt uncomfortable and unqualified to make some of factual determinations for facilities that are reviewed internally—if the town adopted the same ones as the Fishkill Law. Chris used the real estate example in the Fishkill law, noting that town staff didn't feel comfortable determining that there would be potential adverse impacts on real estate values of properties surrounding a facility. Planning and Codes staff felt that it would be appropriate to have a board make that type of determination—or to leave that type of determination off the Town of Ithaca's version of the law. The committee discussed the possibility of having two lists, and also changing the Fishkill list to be more in line with the Town of Ithaca. 2 In terms of design/aesthetic standards, Susan reviewed the most recent draft of the Fishkill law and did not see the design standards. It was not clear upon brief review where the design or aesthetic standards were to be placed. Pat noted that a good justification could be made for larger setbacks based on property values being negatively affected, as opposed to the health concern that the public voiced concern over (but is not legally able to be used as criteria for setbacks). Pat suggested setting the setback requirement to something greater than 300 feet from residences, with justification based on property value general impacts. Eva commented that the perception of the impact of property values should be based on facts for accuracy, not based on what is believed. What types are precedents could be researched? Bill G. stated that the committee should consider seeking advice of counsel in closed session for this topic. Bill directed the committee to review the list in Fishkill's "Local Zoning—Factual Determinations" section. He asked if there was any mention in the Town of Ithaca's current telecommunications law on the effect on real estate values. Chris said no—the town's current law did not have anything related to the effect of real estate values. Chris commented that the Fishkill determination seemed subjective, as it didn't require evidence to determine how property values would be impacted. How does their building inspector determine that property values are impacted without some sort of evidence of the same? Susan stated that one of the purposes noted in the revised Town of Ithaca telecommunications law that was drafted in 2020 was to preserve property values of the community. She noted that without all applications going to the Planning Board, the staff won't have the information they need to make the determination on the effect on real estate values. If all applications went to the board, then the public would have the right to speak about property values at the public hearing. They would also have the opportunity to submit comments and concerns to the board related to property values. The public would have no opportunity to weigh in on an internally reviewed project. That said, Susan stated that the application submission requirements for any project (internal or board-reviewed) could include proof related to property values. It may be likely that the companies will have their own property specialists who prepare information to be submitted with the application. The committee went back to the flow charts again to determine what they had previously recommended regarding administrative/staff versus board review of various telecommunications facilities. The goal was to see if the committee still wanted the items in the chart to undergo an administrative Planning staff review or reconsider and have all applications go to the Planning Board. Looking at the charts, Planning staff administrative review was recommended for when a proposed facility would be collocated onto an existing structure. When the proposed facility is NOT collocated onto an existing structure, then the Planning staff administrative review would only be for a new individual small wireless facility (e.g., small individual antenna), and everything else would require site plan review and special permit by the Planning Board. Bill G. was in favor that the proposed approval structure remain as proposed in the flow charts, with detailed criteria listed in the law for either staff or the board to apply. Eric, Pat, and Yvonne agreed(Bill K was not present). 3 Chris questioned if there should be language added like the town did with the sign law - something that states that in an internal staff review, it would be under the discretion of the Director of Planning or his/her designee that any application could be referred to the Planning Board for review. Susan replied that could be looked at as a model, with keeping the FCC shot clock timing in mind. Another option proposed was to have every application go to the Planning Board, so the town could gain experience in applying the law and then later re-determine if some applications should be reviewed internally by Planning staff. The committee agreed with this suggestion. The committee will continue the telecommunications law discussion at a later meeting. 5. Other business: Bill G. mentioned that there were changes coming to the COC membership in 2022. This was Pat Leary's final COC meeting, so she was thanked for her long- time service to the COC and to the town. It was unknown if Bill K. would remain on the COC, and Yvonne stated she would remain through the end of the telecommunications law update, leaving it possible for two new members to be on the committee in 2022. The proposed 2022 COC meeting schedule was discussed and approved for the second Wednesday of every month, with one modification for the February meeting - it will be held February 16`h instead of February 8th. • Next meeting: January 12, 2022 • Agenda: Energy Code Supplement revisions. If time permits, then the committee will continue discussion of the telecommunications law, with a Town of Fishkill law status update. Bill made a motion go into closed session to seek advice of counsel at 6:57 p.m. and officially adjourn. Eric seconded the motion,unanimously carried. 4 TOWN�� ~� �� u�� Date: 01/05/20ZZ To: Codes and Ordinances Committee From: Nick Goldsmith,Sustainabi|ity Planner; Marty Moseley, Director of Code Enforcement Regarding: Energy Code Supplement amendments Overview The Energy Code Supplement(ECS or IECS), adopted in 2021, has not yet been reviewed in full by New York State. During the creation of a document meant to help the State in its review,we discovered that one tiny element of the ECS is less stringent than the current New York State Energy Code (ECCCNYS), which is not allowed. At the January 12, 2022 COC meeting, we will be proposing two amendments to remedy this (items 1 and 2, below).At the same time, we will propose three other minor amendments which we see as quick, easy, and non-controversial. (There are other amendments under consideration which are not as straightforward.These may be advanced in the future, before the ECS becomes more stringent in January20Z3.\ Proposed Amendments Following is an overview of the proposed amendments.Attached to this memo is a red-lined version of the ECS which shows the exact changes proposed.We have provided hard copies of only the relevant pages from the 78-page ECS (as well as the early parts of the code for context). Please reference the complete digital EC3in the agenda packet asneeded. 1. Right Lighting, provision 144'C402.3.4.2 Lighting Power Allowance refers to table AA1 in Appendix A. The lighting power density (LPD)value for Electrical/mechanical room in Table AA1 was updated from to to match the LPD value in the 2020ECCCNY3TABLE C405.3.Z/Z\ INTERIOR LIGHTING POWER ALLOWANCES: SPACE'BY'SPACEMETHOD. 2. Overall,the IECS is more stringent than the 2020 ECCCNYS. It is the intent of the Town and the City that every individual requirement of the IECS is at least as stringent as the related requirement(s)of the ECCCNYS.To avoid any ambiguity around this intent,the following language was added to IECS provision 144'201.2, after the first sentence: If a requirement of the IECS is less stringent than that of the ECCCNYS in effect at the time of application for a building permit,then the more stringent ECCCNYS requirement shall take precedence.The IECS shall be followed to the greatest extent possible while meeting any more stringent requirements of the ECCCNYS. 3. EV parking space, sections 144'C402.5.3.7 and 144'R50Z.5.3.7: Language was added toboth sections, specifying that National Electric Code standards must also be met. ELECTRIC VEHICLE PARKING SPACES shall be provided with a dedicated branch circuit, raceways, and all other electric vehicle charging equipment. All electrical systems and equipment shall be installed to TOWN OF ITHACA NE W Y 0 RK meet the standards of the National Electric Code in effect at the time of application for a building or electrical permit.The branch circuit shall be identified for electric vehicle service in the service panel or subpanel directory. Electrical room(s)serving areas with EV PARKING SPACES shall be designed to accommodate the electrical equipment and distribution required to serve all of the ELECTRIC VEHICLE CHARGING STATIONS. 4. EV parking space, section 144-R502.5.3.10: Language was added as shown below, so that single family homes and duplexes are exempted from the EV signage requirements. Except for Accessible EV PARKING SPACES and Ev PARKING SPACES used for single family dwellings or two- family dwellings, each Ev PARKING SPACE shall be posted with signage indicating that the space is only to be used for electric vehicle charging purposes. Days and hours of operations and any other restrictions on use of the parking space shall be included if time limits or tow-away provisions are to be enforced. 5. Adaptive Reuse,sections 144-C402.5.4 and 144-R502.5.4:These sections were reworded to clarify that the intent is not to require buildings to keep old insulation.Also, language has been altered to align the two sections,where they mistakenly differed from each other. 144-C402.5.4.1 The building must maintain 50%or more of the existing building structure and BUILDING THERMAL ENVELOPE, based on the measurement of the surface area of the exterior walls and roof. The insulation may be altered to the extent allowed bV the ECCCNYS in effect at the time of building permit application. The existing building structure must be Fetained in place and re-purposed for a different permitted use(for example,when an old school is adapted for use as apartments).A MAJOR RENOVATION of a building and re-use for the same purpose shall not be eligible for this point. We look forward to discussion on this issue. Please let us know if you have any questions or comments before then. NOTE: THIS IS NOTTHE' ("'0 1MIPLETE IECS. THIS ONLY SHOWS PAGES RE E' ILAT D TOT HE AMENDMENTS PRO EDT( COC IN JANUARY 2022. REFERTOTHE COMPI FrE IECS AS NEEDED. TOWN OF ITHACA CODE CHAPTER 144 ENERGY CODE SUPPLEMENT Explanatory Note - Two documents work together: • ECS • A local energy code supplement with requirements above and beyond the Energy Conservation Construction Code of New York State • Town of Ithaca and City of Ithaca versions contain nearly identical local energy code requirements and standards • ECS Reference Manual o Contains non-essential information to help understand and use the ECS, such as background information and commentary Energy Code Supplement(ECS) -Adopted 2021-06-14.............A r.n. erg_d e d 2 0 2 2 x x x x............. .............. ................. ....... ........ Section 144-1 TITLE, PURPOSE, AND FINDINGS SUBSECTION 144-101 TITLE, PURPOSE AND OBJECTIVES ].44 3.. 1...a.. ...itll ...................................................................................................... This Chapter 144 of the Code of the Town of Ithaca shall be known as the "Energy Code Supplement" (ECS). The purpose of this chapter is to promote the public health, safety, and general welfare by establishing a local energy code supplement for all new construction, certain additions, and MAJOR RENOVATIONS, with requirements above and beyond the state energy code that will become more stringent over time. The objectives of this chapter are to: (1) deliver measurable, immediate, and long-lasting reductions in GREENHOUSE GAS(GHG)emissions from all new construction,certain additions,and MAJOR RENOVATIONS; (2) advance best practices in the design of affordable buildings that deliver reduced GHG emissions; and (3) provide a rapid but orderly transition to buildings that do not use FOSSIL FUELS on-site for major building energy needs, such as space heating and hot water heating, by 2026. The requirements set forth give priority to electrification, renewable energy, and affordability. Requirements for reductions in GHG emissions go into effect in three steps: 2021, 2023, and 2026. SUBSECTION 144-102 FINDINGS The Town of Ithaca Town Board finds that: A. Climate change is causing an increase in extreme weather events, such as storms, flooding, and heat waves that threaten human life, healthy communities,and critical infrastructure in the TOWN, New York State, and across the world. B. There is a clear emerging international consensus that to avoid the most severe impacts of a changing climate,global warming should be limited to 1.5 degrees Celsius. C. GHG emissions related to human activity are the main cause of global warming. Buildings within the Town of Ithaca are the most significant contributor to local GHG emissions, responsible for more than half of all community GHG emissions. D. The TOWN Board unanimously adopted the TOWN'S Green New Deal on March 23, 2020, which sets forth a goal to achieve an equitable transition to carbon-neutrality community-wide by 2030. Energy Code Supplement(ECS) -Adopted 2021-06-14.:::___ r.n.erg_ ed 2 0 22 x x xx. 2 E. New York State,through its Climate Leadership and Community Protection Act, has set ambitious goals to combat climate change through GHG reduction. State goals are in line with many of the objectives of the Energy Code Supplement, including reducing emissions in buildings, electrifying space heating, water heating, and cooking systems, increasing the use of renewable energy, and reducing the use of FOSSIL FUELS. F. The combustion of FOSSIL FUELS in homes and other buildings decreases internal air quality and has adverse impacts on human health. G. For new buildings, the most affordable and cost-effective time to reduce GREENHOUSE GAS emissions is during the design and construction phases of a project, rather than at a time of later retrofit. Energy Code Supplement(ECS) -Adopted 2021-06-14.:::___ r.n.erg_ ed 2 0 22 x x xx. 3 Section 144-2 SCOPE AND APPLICATION SUBSECTION 144-201 .1.44 2 '1...a.3. .................................................................... Pursuant to section 11-109 of the New York State Energy Law, and subject to the provisions and requirements of that section, the Town of Ithaca has the power to promulgate a local energy conservation construction code that is more stringent than the Energy Conservation Construction Code of New York State (ECCCNYS). ..44 2 '1 d2 .................................................................... This ECS provides requirements and standards that are in addition to, and shall supplement, the requirements and standards set forth in the ECCCNYS and in Chapter 125, Building Construction and Fire Prevention of the Code of the Town of Ithaca. If g ��g�t"erneint of the IECS is IIess sstr"in_�int hgt 2f the ECCCNYS in effect at the tur"ne of� �. is ation for a Ikbe�il in p�,EMit then the r-nor striin �:^int ECC'C�IY� .................................................................................................................................................................................................................................................C................................................................................................................................I.....K.....................................r............................................................................................................................... ................................................................................. o"2 ui...�^ilr"n :^nt slh�l.. tp- ! . o"a:c�c. a:�.nc� _i.0n�^ IEC scln�I.. Ik�� f��lll�w�c.� t2 tlb!~ _o'eatest extent .�gxi i>iible �nrhH ................................................................................................................................... ........................................................................................................................................................................................................................................................................................................ ...................................................................................................................................................................................... 1 tiro.. pain nm�E� . s>[i n gent o"e j�ir�rneints of the ECCCNYS.The plans, specifications, and other materials .................... .....................................................................x..x.................................................................................................................................................................................................................. p required by the Code Enforcement Officer relating to the ECS-related components of the building, structure, and/or property, shall be submitted to the Code Enforcement Officer in conjunction with an application for a building permit pursuant to said Chapter 125 and pursuant to Chapter 270, Zoning, of the Code of the Town of Ithaca. .I.4.4......2. .1......3. The TowN shall enforce this chapter in addition to the TowN's enforcement of the ECCCNYS. Chapter 125, Building Construction and Fire Prevention, of the Code of the Town of Ithaca sets forth the method for administration and enforcement of the ECS and establishes powers, duties and responsibilities in connection therewith, including penalties and other remedies for violations of the ECS. ..44 2 '1 4. .................................................................... Except as specified in this chapter,this chapter shall not be used to require the removal, alteration or abandonment of, nor prevent the continued use and maintenance of, an existing building or building system lawfully in existence at the time of adoption of this chapter. SUBSECTION 144-202 APPLICABILITY Energy Code Supplement(ECS) -Adopted 2021-06-14.:::___ r.n.er]_ ed 2 0 22 x x xx. 4 Beginning on the COMPLIANCE DATE,the requirements of this Energy Code Supplement shall apply to the following construction: A. All new construction, excluding additions and renovations that are not specified in this list B. All additions 500 square feet or larger to single family dwellings or two-family dwellings C. All additions 1,000 square feet or larger to buildings other than single family dwellings or two- family dwellings D. All MAJOR RENOVATIONS, as defined in Section 144-3. Exceptions to 144-202.1 Applicability A. The requirements of the ECS shall not apply to construction that does not include directly heated space. B. The requirements of the ECS shall not apply to AGRICULTURAL BUILDINGS, including barns, sheds, poultry houses and other buildings and equipment on the premises that are used directly and solely for agricultural purposes. C. The requirements of the ECS shall not apply to construction for which all necessary building permits have been issued prior to the COMPLIANCE DATE. D. The requirements of the ECS shall not apply to construction for which completed applications for all necessary building permits have been submitted prior to the COMPLIANCE DATE, if such applications are diligently prosecuted to conclusion. 1. For the purposes of this subsection only, a building permit application shall be deemed "completed" if all other necessary approvals, including but not limited to site plan, subdivision, special approval, special permit, and variance have been received prior to the COMPLIANCE DATE, and if the building permit application contains all required information, materials, and fees normally and reasonably required by the Code Enforcement Officer to commence their building permit review process. 2. A building permit application shall be deemed "diligently prosecuted to conclusion" if the applicant promptly responds to any inquiries and promptly supplies any additional information reasonably required by the Code Enforcement Officer,and the applicant otherwise cooperates so as to permit and enable the Code Enforcement Officer to adequately and completely review the application and render a decision on same within a reasonable period of time of its submission, and in any event within three months of its submission. Code compliance as applied to types of buildings: A. COMMERCIAL BUILDINGS shall meet the provisions of Section 144-4, Commercial Building Provisions. B. RESIDENTIAL BUILDINGS shall meet the provisions of Section 144-5, Residential Building Provisions. C. MIXED-USE BUILDINGS where more than 50% of the heated FLOOR AREA is residential shall meet the requirements for RESIDENTIAL BUILDINGS set forth in Section 144-5. MIXED-USE BUILDINGS where 50% or more of the HEATED FLOOR AREA is commercial shall meet the requirements for COMMERCIAL Energy Code Supplement(ECS) -Adopted 2021-06-14.:::___ r.n.erg_ ed 2 .2 xx. 5 BUILDINGS set forth in Section 144-4. In MIXED-USE BUILDINGS, the whole building shall comply with all applicable requirements; no portion is exempt from requirements. D. Additions —The applicant shall demonstrate compliance for additions in either of the following two ways: 1. Independent of the existing building: All applicable requirements shall be met for the addition alone, without considering the existing building. If the addition is complying independent of the existing building, then all references to "building" in Sections 144-4, 144-5 and 144-6 shall refer to the addition. 2. Together with the existing building: All applicable requirements shall be met for the addition and the existing building together, as a whole. If the addition is complying together with the existing building, then all references to "building" in Sections 144-4, 144-5, and 144-6 shall refer to the addition and the existing building together. E. In MAJOR RENOVATIONS, the whole building, including space outside of the WORK AREA, shall comply with all applicable requirements. Energy Code Supplement(ECS) -Adopted 2021-06-14.:::___ r.n.erg_ ed 2 0 22 x x xx. 6 ��^�� K��U��U-�U�� .."~u�... . '�~��r—.� DEFINITIONS SUBSECTION 144-3(]1GENERAL 1.44-301.1 Terms Defined in ('.)ther Codes Where terms are not defined in this code and are defined in the Energy Conservation Construction Code of New York State, such terms shall have the meanings ascribed tothem as in that code. Where terms are not defined in this code and are defined in a New York State code other than the Energy Conservation Construction Code, and the applicable code is specifically referenced in relation to the terms, such term shall have the meanings ascribed to them in relation to the referenced code. SUBSECTION 144-302 GENERAL DEFINITIONS ACCREDITED PASSIVE HOUSE CERTIFIER An organization accredited by Passive House Institute or Passive House Institute US as a Passive House Certifier. A list of Accredited Passive House Certifiers can be found atxvwvv.passivehouse.connand . ADAPTIVE REUSE—The repurposing of a building for a new permitted use or change in occupancy type. AGRICULTURAL BUILDING A structure designed and constructed to house farm equipment, farm implements, poultry, livestock, hay,grain, or other horticultural products.This structure shall not be a place of human habitation or a place of employment where agricultural products are processed,treated, or packaged, nor shall itbea place used by the public. ASHRAE8U.1 The publication entitled "ANSI/ASHRAE/IES Standard 90.1, Energy Standard for Buildings ExceptLovv'riseResidentia| Bui|din0s" pub|ishedbyASHRAE,theAmericanSocietyofHeating, Refrigerating and Air-Conditioning Engineers. In several provisions, a specific printing of the standard is specified,for example, ASHRAEyO.1'2O13. BIOMASS—Organic material that is processed and burned to provide energy, particularly for space heating,through direct thermal energy. Biomass for space heating purposes includes cord wood, pellets, and chips. BUILDING THERMAL ENVELOPE—The insulated exterior walls (above and below grade),floors, ceilings, roofs, and any other building element assemblies that enclose heated space or provide a boundary between heated space and unheated space. COMMERCIAL BUILDING—See also MIXED-USE BUILDING. Any building that is not included in the definition of RESIDENTIAL BUILDING. | Energy Code Supplement(ECS) AdoptedZU21'OG'1 7 COMMUNITY RENEWABLE ENERGY FACILITY: An off-site renewable energy system or facility that is qualified as a community energy facility under applicable New York state and local utility statutes and rules. COMPLIANCE DATE—The 91st day after Ithaca Town Board adoption of the local law containing the ECS. DESIGN PROFESSIONAL—A Professional Engineer(PE) or a Registered Architect (RA) licensed to practice in the State of New York. DIRECTLY HEATED FLOOR AREA—The horizontal projection of the floors associated with the directly heated space. DIRECTLY HEATED SPACE-An area or room that is enclosed within the BUILDING THERMAL ENVELOPE and is directly heated using FOSSIL FUEL, electricity, or BIOMASS as the energy source. Spaces are indirectly heated (and not directly heated)where they connect through openings with heated spaces, where they are separated from heated spaces by uninsulated walls,floors or ceilings, or where they contain uninsulated ducts, piping or other sources of heating using FOSSIL FUEL, electricity, or BIOMASS. DORMITORY-A multiple dwelling which provides sleeping accommodations and domestic facilities and services for a group of college, university or secondary school students. EASY PATH—Also known as PRESCRIPTIVE COMPLIANCE PATH. One possible compliance path for this Code, under which a certain number of points must be earned. ECS—The Energy Code Supplement, which is Chapter 144 of the Ithaca Town Code. ELECTRIC VEHICLE CHARGING STATION (ELECTRIC VEHICLE SUPPLY EQUIPMENT[EVSE], EV CHARGING STATION, CHARGING POINT) -The element in an infrastructure that supplies electric energy for the recharging of plug-in electric vehicles. ELECTRIC VEHICLE PARKING SPACE (EV PARKING SPACE or EV SPACE)—A parking space that includes access to a dedicated electric vehicle charging port and supporting electrical infrastructure, collectively referred to as Electric Vehicle Supply Equipment (EVSE). ENERGY USE—All references to energy use in this chapter refer to site energy use, which is the heat and electricity consumed by a building as reflected at the meter and/or in the utility bills. ENERGY PROFESSIONAL-A professional holding a current accreditation in the energy field from BPI, AEE, ASHRAE, RESNET, or other body approved by the Director of Code Enforcement or their designee. FLOOR AREA—The total square footage of all levels as measured from the inside finished surface of the walls, but excluding outside courts, unconditioned garages, and uninhabitable crawl spaces and attics. Energy Code Supplement(ECS) -Adopted 2021-06-14.:::___ r.n.erg_ ed 2 0 22 x x xx. 8 FOSSIL FUELS—An energy source formed in the Earth's crust from decayed organic material.The common fossil fuels are petroleum, coal, and natural gas. For purposes of this ECS, fossil fuels shall also include common extracts, derivatives, and products of fossil fuels, including but not limited to propane, kerosene, and gasoline. GREENHOUSE GAS(GHG)—Any of several gases, including carbon dioxide (CO2), methane (CH4), nitrous oxide (N20), and fluorinated gases,that trap heat in the atmosphere. HEATED FLOOR AREA—The horizontal projection of the floors associated with the heated space. HEATED SPACE-An area or room that is enclosed within the BUILDING THERMAL ENVELOPE and is directly or indirectly heated using FOSSIL FUEL, electricity, or BIOMASS as the energy source. Spaces are indirectly heated where they connect through openings with heated spaces,where they are separated from heated spaces by uninsulated walls,floors or ceilings, or where they contain uninsulated ducts, piping or other sources of heating using FOSSIL FUEL, electricity, or BIOMASS. HEAT PUMP, AIR SOURCE—Air source heat pumps extract heat from the ambient air. Water loop boiler/tower heat pumps are not considered air source heat pumps. HEAT PUMP, GROUND SOURCE—Ground source heat pumps, also known as geothermal heat pumps, are heat pumps that extract heat from the earth, groundwater, a body of water, or similar sources. Water loop boiler/tower heat pumps are not considered ground source heat pumps. HOTEL—A building containing rooms designed and originally planned to be rented or hired out for living or sleeping accommodations for transient occupancy. LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN (LEED)—A green building rating/certification system, developed by the U.S. Green Building Council (USGBC) and administered by Green Business Certification, Inc. (GBCI). LIGHTING POWER ALLOWANCE (LPA) - Maximum allowed lighting power density. Lighting Power Allowances for use in PRESCRIPTIVE COMPLIANCE PATH/EASY PATH point A14 Right Lighting are given in Table 144-AA1 (Appendix A). LIGHTING POWER DENSITY(LPD) - Lighting power consumption per square foot of FLOOR AREA, measured in watts per square foot. LIVABLE SPACE-A space in a building for living, sleeping, eating or cooking. Bathrooms,toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered livable spaces. Energy Code Supplement(ECS) -Adopted 2021-06-14.:::___ r.n.erg_ ed 2 0 22 x x xx. 9 MAJOR RENOVATION—Any construction or renovation to an existing structure other than a repair or addition, where (1)the WORK AREA exceeds 75 percent of the FLOOR AREA and (2)two or more of the following occur: A. Replacement or new installation of a heating plant or system (e.g. boiler, furnace, or other major system). Changes to ventilation and air conditioning systems are not considered renovations of the heating system. B. Construction that involves disassembly of greater than 50%of the area of the above-grade portion(s) of the BUILDING THERMAL ENVELOPE in the building. C. Changes to lighting, including but not limited to new installation, replacement, relocation, or removal, of lamps, lighting, or other illumination fixtures in greater than 50%of the building FLOOR AREA. Space within a building interior that is not currently lit, and is not proposed to be lit, shall not count toward the 50%calculation. MIXED-USE BUILDING—See also RESIDENTIAL BUILDING and COMMERCIAL BUILDING.Any building In which a portion of the use is residential, and a portion of the use is commercial. For purposes of this Supplement, any mixed-use building in which more than 50%of the HEATED FLOOR AREA is for residential use shall be classified as a RESIDENTIAL BUILDING. Any other mixed-use building shall be classified as a COMMERCIAL BUILDING. When determining the size of residential spaces, include all dwelling units, as well as all shared amenity spaces (common areas)that serve only the dwelling units, including but not limited to shared lobbies, hallways, stairways,gyms and laundry areas. NATIONAL GREEN BUILDING STANDARD (NGBS, OR ICC/ASHRAE 700)—A green building rating/certification system approved by the American National Standards Institute (ANSI), under which points can be earned for energy efficiency;water efficiency; resource efficiency; lot development; operation and maintenance; and indoor environmental quality. OCCUPIABLE SPACE - A room or enclosed space designed for human occupancy in which individuals congregate for amusement, educational or similar purposes or in which occupants are engaged at labor, and which is equipped with means of egress and light and ventilation facilities meeting the requirements of the Building Code of New York State. ON-SITE RENEWABLE ENERGY SYSTEM: a renewable energy system located on any of the following: A. The building B. The property upon which the building is located C. A property that shares a boundary with and is under the same ownership or control as the property on which the building is located D. A property that is under the same ownership or control as the property on which the building is located and is separated only by a public right-of-way from the property on which the building is located PASSIVE HOUSE CERTIFICATION—A certification program for buildings, including COMMERCIAL BUILDINGS, constructed to high-performance "passive building standards." Energy Code Supplement(ECS) -Adopted 2021-06-14.:::___ r.n.erg_ ed 2 0 22 x x xx. 10 PERFORMANCE-BASED COMPLIANCE PATH—Also known as WHOLE BUILDING PATH.A compliance path for the Energy Code Supplement, under which a building must comply with specified standards of one of several certification programs and/or use modeling to show compliance. PLUG LOAD-A device that is powered by means of an electrical plug and matching socket or receptacle. This excludes devices that are accounted for as part of major building end uses such as HVAC, lighting systems, and water heating. PRESCRIPTIVE COMPLIANCE PATH—Also known as EASY PATH.A compliance path for the Energy Code Supplement, under which a certain number of points must be earned for the building to show compliance. PROCESS ENERGY(PROCESS LOAD) - Energy consumed in support of a manufacturing, industrial, commercial, research, or educational process other than space heating,ventilating, air conditioning, SERVICE WATER HEATING, PLUG LOADS, lighting, and appliances. Examples of process loads include commercial cooking, commercial refrigeration, energy used by machinery in manufacturing, energy used by medical equipment, emergency generators, and energy used for agricultural needs. Examples of loads that are not considered process loads include electricity required for exhaust fans, heating and cooling for ventilation makeup air for any purpose including kitchen and lab hoods, and energy used for clothes drying. REC: See RENEWABLE ENERGY CREDIT(REC) RENEWABLE ENERGY CREDIT(REC):a tradable instrument that represents the environmental attributes of one megawatt-hour of renewable electricity generation and is transacted separately from the electricity generated by the renewable energy source. Also known as REC, renewable energy certificate, energy attribute and energy attribute certificate. RESIDENTIAL BUILDING—See also MIXED-USE BUILDING.Any building covered by the Residential Code of New York State, as well as any building that is classified in accordance with Chapter 3 of the Building Code of New York State in Group R-2, R-3, or R-4, including any RESIDENTIAL BUILDING that has more than three stories above grade plane. RESTAURANT—An establishment that prepares and serves meals or drinks to customers onsite or delivers them off-site. SERVICE WATER HEATING -Also known as domestic hot water heating. Supply of hot water for purposes other than comfort heating. SPANDREL PANEL-The area of a curtain wall or screen located between vision areas of windows,which conceals structural building components such as columns, floors, HVAC equipment, and plumbing. Energy Code Supplement(ECS) -Adopted 2021-06-14.:::___ r.n.erg_ ed 2 0 22 x x xx. 11 SPLIT SYSTEM -A heat pump or air conditioner in which one component is located outdoors and the other component(s) indoors, and which components are connected by refrigerant piping. TOWN—The Town of Ithaca. WHOLE BUILDING PATH—Also known as PERFORMANCE-BASED COMPLIANCE PATH. One possible compliance path for the Energy Code Supplement, under which a building must comply with specified standards of one of several certification programs and/or use modeling to show compliance. WINDOW-TO-WALL RATIO—The total area of exterior glazing (windows) in a building divided by the total area of the above-grade walls, expressed as a percentage. WORK AREA—That portion or portions of a building consisting of all reconfigured spaces as indicated on the construction documents. Work area excludes other portions of the building where incidental work entailed by the intended work must be performed, and portions of the building where work not initially intended by the owner is specifically required by the provisions of the New York State Existing Building Code. Energy Code Supplement(ECS) -Adopted 2021-06-14.:::___ r.n.erg_ ed 2 0 22 x x xx. 12 ��^�� —� ��A � U BUILDING ��U�U��UN� ��.."~u�... . '�~��r—~� v~��o�nu�nx—nxv~o��n— PROVISIONS SUBSECTION 144-[401GEKjER/\L The provisions in this subsection are applicable to COMMERCIAL BUILDINGS and xx|xso'uss au|Lo|mos where SO% or more of the HsxTso FLOOR AREA is commercial, their building sites, and associated systems and equipment. COMMERCIAL BUILDINGS shall comply with one of the following: A. PRESCRIPTIVE COMPLIANCE PATH/EASY PATH:The requirements of Subsection 144-C402 1. As part of the application packet the applicant shall submit a checklist and xvorksheet which the TOWN shall use as the basis for verifying and showing compliance with the ECS. B. Psnronmxwcs'exssoCoxxpuAmcs Pxr*/VVHoLs Bu|Lo|wo PATH: The requirements of Subsection 144' C4U3 1. As part of the application packet,the applicant shall submit the relevant documentation, which is detailed in 144'C403, which the Tovvw shall use as the basis for verifying and showing compliance with the ECS. SUBSECTION 1z1zl-C/1[)2 PRESCRIPTIVE COMPLIANCE PATH/EASY PATH Until January 1, 2023, to meet the requirements of this subsection 144'C402, a building must achieve a minimum of six(6) of the points described in this subsection.A summary table is provided in 144'C402.6. See 144'C404 for enhanced requirements beginning on and after January 1, 2023, and additional enhanced requirements beginning on and after January 1, 2U26. 144'C4D2.2'1EE1 Heat Pumps for Space Heating Two points shall be earned for using AIR SOURCE HEAT PUMPS or three points shall be earned for using GROUND SOURCE HEAT Pumps, as described in 144'C402.2.1. | Energy Code Supplement(ECS) AdoptedZU21'OG'1 13 144-C402.5.3.6 All buildings must install Level 2 EV CHARGING STATIONS that operate on a 240-volt AC circuit and/or Direct Current Fast Chargers. 144-C402.5.3.7 ELECTRIC VEHICLE PARKING SPACES shall be provided with a dedicated branch circuit, raceways, and all other electric vehicle charging equipment. AH a:��e tricual! s> ste��rnss and e ui Mf.nt s[a z.jlj k�e instaHe d to meet the g g ...................................................................................... .............................................................................q............................................................................................................................................................................................................................................ standards of the Nati r4 EIIe tiriicu pore^ ii n effect at the tiii e of a �. icatiion for a IbuiWiin_ cal" �^��^c;tiriica�l ....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... ................................................................................. pipit.. The branch circuit shall be identified for electric vehicle service in the service panel or subpanel directory. Electrical room(s) serving areas with EV PARKING SPACES shall be designed to accommodate the electrical equipment and distribution required to serve all of the ELECTRIC VEHICLE CHARGING STATIONS. 144-C402.5.3.8 ELECTRIC VEHICLE CHARGING STATION equipment shall be maintained in all respects, including the functioning of the charging equipment. A phone number or other contact information shall be provided on the charging station equipment for reporting when the equipment is not functioning, or other problems are encountered. 144-C402.5.3.9 The ELECTRIC VEHICLE CHARGING STATION, including the charging cord, shall be installed so as to not interfere with pedestrian walkways at anytime. 144-C402.5.3.10 Except for Accessible EV PARKING SPACES, each EV PARKING SPACE shall be posted with signage indicating that the space is only to be used for electric vehicle charging purposes. Days and hours of operations and any other restrictions on use of the parking space shall be included if time limits or tow-away provisions are to be enforced. 144-C402.5.4 OP4 Adaptive Reuse One point may be earned according to the requirements below. 144-C402.5.4.1 The building must maintain 50%or more of the existing building structure and BUILDING THERMAL ENVELOPE, based on measurement of the surface area of the exterior waHs and ircacaf. l the iinsWation imay iraf to the extent aHowed byt[~n [..'Q N S in effect at tangy^ time of buiHdin.. . �^irirniit a a. �icatiion. The existing ..................................................................................................................................................... .......................................................................................................................................................................................................................................................................................... ......12...............................................C....p....................................................... g building structure must be Feta r)ed inn mace va t re-purposed for a different permitted use (for example, when an old school is adapted for use as apartments).A MAJOR RENOVATION of a building and re-use for the same purpose shall not be eligible for this point. 144-C402.5.5 OP5 NY Stretch Code One point may be earned according to the requirements below. Energy Code Supplement(ECS) -Adopted 2021-06-14.:::___ r.n.erg_ ed 2 0 22 x x xx. 29 144-R502.5.3.6 All buildings must install Level 2 EV charging stations that operate on a 240-volt AC circuit and/or Direct Current Fast Chargers. 144-R502.5.3.7 ELECTRIC VEHICLE PARKING SPACES shall be provided with a dedicated branch circuit, raceways, and all other electric vehicle charging equipment. A a�eriu.al! s sterns and e uiMfnt Di..j.jk�e instaHed to meet the ........ ............................................................... .... . ............................................................................................................................................... standairds of the IVaticnai Elle trice Code in effect at the time of arr�ication for a [�uudi oir electrical ............................................................................................................................................................................................................................................................................................................................................................................................................................ ........................................................................................................................9................................................................................. p !Ei it.. The branch circuit shall be identified for electric vehicle service in the service panel or subpanel directory. Electrical room(s) serving areas with EV PARKING SPACES shall be designed to accommodate the electrical equipment and distribution required to serve all of the ELECTRIC VEHICLE CHARGING STATIONS. 144-R502.5.3.8 ELECTRIC VEHICLE CHARGING STATION equipment shall be maintained in all respects, including the functioning of the charging equipment. A phone number or other contact information shall be provided on the charging station equipment for reporting when the equipment is not functioning, or other problems are encountered. 144-R502.5.3.9 The ELECTRIC VEHICLE CHARGING STATION, including the charging cord, shall be installed so as to not interfere with pedestrian walkways at anytime. 144-R502.5.3.10 Except for Accessible EV PARKING SPACES and Ev PARKING.SIPAc.irS USed for sin_� fp'.M 11 cjv .Uin_.��iir tw�i fp�LDH p .............................................................................................................................................................................................................. ..............................................y................................................. .......................................................................................E. r]..g , each EV PARKING SPACE shall be posted with signage indicating that the space is only to be used for electric vehicle charging purposes. Days and hours of operations and any other restrictions on use of the parking space shall be included if time limits or tow-away provisions are to be enforced. 144-R502.5.4 OP4 Adaptive Reuse One point may be earned according to the requirements below. 144-R502.5.4.1 The building must maintain 50%or more of the existing building structure and BUILDING THERMAL ENVELOPE,, based kiln the rN�m�assul�°a:imeint of the suirfacu� psi-ea of the extei-ior° waUss and hoof. Dh� insull!aUon r-na Ike ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................y...................... a!lt�l�°ed to the ex-L rit a�Il��nr�;d k) the ECCC�'I` YS iiri effect at the tiirn� of it ild� rn.. .af:o'�ruiit aaaliicatiori. The .......................................................................................................................................................................................................y............................................................................................................................................................................................................................................................................................�s.......C.................................................L...L................................................ existing building structure must be re-purposed for a different permitted use (for example, when an old school is adapted for use as apartments). A MAjoR RENOVATION of a building and re-use for the same purpose shall not be eligible for this point. 144-R502.5.5 OP5 NY Stretch Code Two points may be earned according to the requirements below. Energy Code Supplement(ECS) -Adopted 2021-06-14.:::___ r.n.erg_ ed 2 0 22 x x xx. 57 In a cafeteria or fast food dining 0.33 In family dining 0.45 Otherwise 0.33 Electrical/mechanical room 0:49 ,4 . Emergency vehicle garage 0.28 Food preparation area 0.61 Guest room 0.24 Laboratory In or as a classroom 0.72 Otherwise 0.91 Laundry/washing area 0.30 Loading dock; interior 0.24 Lobby In a facility for the visually impaired (and not used primarily by the staff)b 0.90 For an elevator 0.32 In a hotel 0.53 In a motion picture theater 0.30 In a performing arts theater 1.00 Otherwise 0.45 Locker room 0.38 Lounge/Breakroom In a healthcare facility 0.46 Otherwise 0.37 Office Enclosed 0.56 Open plan 0.49 Parking area 0.10 Pharmacy area 0.84 Restroom In a facility for the visually impaired (and not used primarily by the staff)b 0.61 Otherwise 0.49 Sales area 0.80 Seating area,general 0.27 Stairway(See space containing stairway) Stairwell 0.35 Storage room 0.32 Vehicular maintenance area 0.34 Workshop 0.80 Energy Code Supplement(ECS) -Adopted 2021-06-14.:::___ rrrer.]ded 2 0 22 x x xx. 74