HomeMy WebLinkAboutPC Packet 2022-09-15 DEPARTMENT OF PLANNING
215 N. Tioga St 14850
607.273.1747
www.town.ithaca.ny.us
TOWN OF ITHACA PLANNING COMMITTEE
THURSDAY, SEPTEMBER 15, 2022 at 3:00 P.M.
PLEASE NOTE: Due to COVID-19 and Executive Order No. 11.8 signed by NYS Governor
Hochul on 7/14/22 allowing continuation of virtual meetings, the Town of Ithaca Planning
Committee meeting will be held via the Zoom audio/visual application with no in-person attendance
permitted. Members of the public may call in on a cell phone or landline at (929) 436-2866 and
enter the Meeting ID: 675 059 3272. Or join the meeting by computer on Zoom at
https://us06web.zoom.us/j/6750593272
AGENDA
1. Persons to be heard.
2. Committee announcements and concerns.
3. Consider approval of August meeting minutes.
4. Consider Limited Historic Commercial Zone revised draft amendments.
5. Continue consideration of Solar Law draft amendments.
6. Continue discussion of pedestrian needs/priorities.
7. Staff updates and reports.
8. Discuss next meeting date and upcoming agenda items.
A quorum of the Ithaca Town Board may be present, however,
no official Board business will be conducted.
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Town of Ithaca Planning Committee
Thursday, August 18, 2022
(3:03 PM via Zoom)
Draft Minutes
Committee members: Rich DePaolo, Chair; Rod Howe & Margaret Johnson
Board/Staff members: Director of Planning, Susan Ritter; Planners Chris Balestra & Dan Tasman;
Director of Code Enforcement, Marty Mosely; Director of Engineering, Dan Thaete.
Zoom Guests: RaNic Golf Club- Noah Demarest-STREAM Collaborative, Adam Fishel-Marathon
Engineering, Sean Whittaker-property owner; Residents - Bruce Brittain, Carl Franck, Clover
Drinkwater & Gary Turton.
1. Approval of July meeting minutes: Rod moved; Margaret seconded. July 21, 2022, minutes were
approved with one minor correction.
2. Persons to be heard summarized below:
Bruce Brittain commented on the proposed RaNic PDZ stating that he supported keeping the southern
portion of the proposed PDZ as golf course/open space, but the language may be too specific. If the only
permitted use (golf course) were to cease, the land could be less viable for other potential buyers. His
recommendation was to permit additional uses, such as green/open space for parks, gardens, pastures,
tree farms etc. He also commented that the single-family home parcels should be included in the PDZ
rather than carved out.
Carl Franck commented that the different project elements looked disconnected and he echoed Bruce’s
comments above. He supported good affordable housing for long term development and thanked the
staff and committee for looking out for the whole communities’ best interest, lastly recommending a
community pool or other community wide opportunities for utilization.
Gary Turton explained that he is a club member and adjacent property owner and while generally
supporting the overall plan he stated that he did not support the recently added townhomes along the cul-
de-sac that immediately borders his open back yard. Noting these townhomes were not part of the initial
proposal, he expressed his objection to them. Other than concern for this part of the plan, he was
otherwise supportive.
Clover Drinkwater submitted a written statement, and also spoke, asking the committee to consider the
visual impacts of the proposed changes from the perspective of the neighboring properties and walk the
boundaries, noting how the character of the surrounding neighborhood would change with the proposed
project. She also asked what percent of the proposed new dwellings would be owner occupied or owned
by the proposed hotel?
3. Committee announcements and concerns: None.
4. Consider RaNic Golf Club revised (7/28/22) Planned Development Zone: A draft redlined PDZ
was circulated to the committee which showed the changes made from the first draft. The first draft was
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a template from the Maplewood PDZ and had some irrelevant sections to the proposed RaNic project.
Staff and the committee made some suggestions at the previous meeting, and the second draft addressed
them. Sue noted the definition for clubhouse was amended to be clearer about where certain uses would
be allowed, such as office and restaurant in the clubhouse only.
Dan Tasman further explained that the definition consolidated all the clubhouse uses. He also noted the
recommendation to adjust the number of dividing walls in the townhouse language to match the number
of units proposed per row. He touched on building form and architecture which will be explored further
and recommended overall good architecture to blend with various forms of architecture existing in the
neighborhood. The parking requirements suggestion was to the side and rear of the buildings, with the
exception of the clubhouse. The need for landscape buffering between the proposed townhouses and
existing Hanshaw Road homes was also noted.
Noah Demarest of STREAM Collaborative thanked staff for their comments and stated their intent to
meet the items noted. The intent of the golf/open space language is to reflect the current use and
amendments could be made in the future if the use were to change. The intent for the location of the cul-
de-sac section was to place them no closer than the existing homes are from each other currently and to
maximize the golf practice area. The yards and existing landscape would buffer the proposed
townhomes and exploring secondary onsite buffering/screening was noted as being an option. Lighting
will meet the Town standards and internal pedestrian scale light poles lining the parking area are
proposed. The townhomes would all be for outside/private ownership. Short-term renting, if applicable,
could be managed by the hotel. The stay and play area ownership would be retained by the golf course.
Noah noted the PDZ and Sketch Plan has not been before the full Cayuga Heights Planning Board or
Board of Trustees yet, however initial informal comments have indicated preference for the hotel
building to be in the Town rather than in the Village. Annexation of the land or moving the proposed
hotel building over into the Town side were options that were mentioned. All agreed that the proposed
hotel location is ideal as presented on the sketch plan and that relocation or annexation would be more
complicated, though the boundary bisecting the existing clubhouse causes complications on its own.
Options are being explored by the developer for solutions. The townhomes would be the first focus in
the sequential project, prompting (financially) the clubhouse renovations and the hotel construction.
Property owner Sean Whittaker noted the intent is to utilize the land appropriately and that the three
standalone dwelling parcels, proposed to be subdivided off, are not the driving force of the project and
do not need to be included if there are concerns.
Rich asked about the size of the space and the intent for the existing home and barn on Warren Road for
an event center. Noah explained the vision is for a “Stay and Play area” for small bridal parties, groups
or gatherings with an internal network/open pathway to the golf course in the rear. The existing
driveway would remain for access as well. Holding a future site visit for board/committee/staff
members was mentioned. Detailed site plan review would take place once the application is submitted
and many of the public concerns or questions raised above would be addressed by the Planning Board
review process. The short-term rental (STR) use, allowed under a hospitality method or through the
existing town STR regulations, would be a future detailed discussion and Noah offered to draft some
proposed language to consider. In reference to lighting, Rich asked for a comparison of the color
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temperature number relative to the new town streetlights. The intent of an internal street that connects
from Pleasant Grove Road to Hanshaw Road was also briefly discussed.
Rod commented that not including the single-family home lots in the PDZ seemed appropriate and that
the short-term rental intent will need further discussion, but overall, he was supportive of the project. He
offered to reach out to the Village to open the door for intermunicipal communication on the project.
Margaret asked about the impact from car traffic. Rich replied that traffic impacts will be formally
addressed in the environmental review but asked the developer if they had an early response. Sean
responded that when fully built out, under the current proposal, the impact would be no greater than
when the club was at peak membership. Noah added there would be no net change or possibly a slight
increase from the original site plan full build out approval but would be further explored in a traffic
study.
The discussion concluded with the plan for staff/Noah to make the necessary changes and then send the
amended proposed PDZ language to the Attorney for review. If Attorney changes are not substantive,
then the document can go to the Planning Board for a recommendation, then back to the committee for
final review prior to Town Board for action.
Sue encouraged holding a site visit and recommended Planning and Town Board members be included
as well. Dates and times will be circulated for availability.
5. Consider Limited Historic Commercial Zone revised draft amendments: Further revised
language was drafted and circulated by Planning staff after committee input and conversations with the
Attorney, the Codes Director and other town staff. The new concept is to ensure maintenance and
upkeep of historical properties that benefit from a rezoning to Limited Historic Commercial overlay.
The Codes Director and Attorney will need to review the proposed language in detail for compliance
elements. The steps were briefly explained by Sue, including that an applicant applying for the overlay
zone would need to hire a professional inspector/architect/etc. for a conditions assessment report that
would form the basis of a preservation plan for current and long term needs of the property. If it were
approved by the Town Board, inspections by the Building Department would occur to ensure adherence
to repair timelines and needs identified in the preservation plan. A compliance certification letter would
be issued following a favorable inspections and regular periodic inspections would assess any remaining
deficiencies and long-term maintenance. Non-compliance with the preservation plan has a process
written in as well.
Brief changes or comments include: § 270-142.3. Overlay district creation and dissolution C. (2) a-
delete engaged in “ hired/engaged by the property owner”. D (2) a. delete” in correcting deficiencies”
and replace with “towards its implementation.
Use table: need to refine or define the terms professional service, professional office and retail use un
within the Live-work dwelling section.
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Lodging principal use, the Inn section overall will need to be looked at closer though it was agreed it
seemed limiting that use be allowed only on a lot that fronts a collector or major road so that could be
deleted and not excluding existing properties was to be considered as well as looking up the number of
guest rooms per square foot of habitable space number or using the 800 proposed which was the
maximum allowed size of a ADU (min. is 300 sq. ft.).
The short-term rental use section was explained to include and reference certain sections of the existing
short-term rental law, but not all. Provisions in 270-219.7 E(1), E(2)(a) and E(2)(c) were proposed to
apply in the LHC overlay district. Committee agreed to add in E(2) & E(2)(d). The limiting of operating
permits to no more than two was discussed. This would only apply to pre-existing non-conforming uses
with more than one principal building which would be rare. No more than two did not raise any
objections although accessory uses for more than one principal use on a lot could be problematic. Dan
noted the underlying zoning definitions would still apply as well.
The committee was in general support of moving forward for detailed review by the Codes Director and
Attorney and review again once that has happened.
6. Consider Solar Law draft amendments: The existing town law limits solar facilities to 10 acres
maximum. There has been interest for larger projects in the town and staff has reviewed other solar laws
for ideas on additional provisions to include for addressing impacts from larger installations. Proposed
amendments to the law were circulated and included a new “full-scale” category that would allow
projects up to +/- 30 acres in size with precautions for agriculture and wildlife. Sue asked for comments
on any agriculture concerns other then what is already identified, such as tree removal and the wildlife
part. With the amendments, the law would have four size categories, with “large” and “full-scale”
requiring Planning Board review. Allowing solar as a principal use in a PDZ was discussed, allowing
this overall in any PDZ will need closer review as a change in a PDZ would currently require a revised
approval. If a solar project larger than 10 acres were to come before the Planning Board now the
approval would be conditional on the solar law amendments being adopted. Keeping the setbacks
consistent among the different zones was agreeable. The 20% not to exceed amount for removal of
mature trees was agreeable.
The committee was comfortable with the concept and general language and agreed to review again with
any highlights still needing to be clarified at the next meeting.
7. Staff updates and reports:
8. Next meeting date and upcoming agenda items: next meeting Sept 15, 2022. Topics: Solar Law
amendments, RaNic PDZ if necessary and LHC draft amendments if back and reviewed by other
necessary staff.
The Planning Committee meeting concluded at 5:00 pm.
NOTE TO COMMITTEE: Subsequent to August committee meeting:
1) Sections §270-142.3. C. and D. (Preservation Plan related) and § 270-142.9 (hearing and Due Process)
have been edited. Language reviewed in August have been accepted and new edits are shown in redline.
2) Several modifications to the Use table, per the August meeting, have also been amended and are
highlighted in yellow.
3) Also, please see last page (pg. 10) for alternative purpose statement (270-142.2. Purpose).
This draft still contains Susan Brock’s comments from earlier (“Author”), and these have mostly been
retained since she has not yet reviewed the previous draft addressing her comments. .
Revised Draft 9-9-22
ARTICLE XVIIIA
Limited Historic Commercial overlay district
§ 270-142.2. Purpose
The Limited Historic Commercial overlay district promotes the preservation, protection, and
enhancement of significant historic structures and sites in the Town of Ithaca by enabling more flexibility
for allowed uses or site planning for buildings and sites of significant historical interest than what the
underlying zone would normally allow, to help make preservation efforts financially feasible.
§ 270-142.3. Overlay district creation and dissolution
A. The LHC overlay district works by being superimposed on an underlying base zoning district. The
overlay district identifies requirements that apply in addition to (or instead of) those in the base zone.
Regulations for the overlay district/zone apply if overlay and base zone regulations conflict.
B. The Town Board may create a Limited Historic Commercial overlay district upon application for a
specific proposal, following the rezoning procedures in Article XXII, Procedures for Creation of New
Zones. Such rezoning to create an overlay district will be considered only for:
(1) Buildings or structures that are listed on the New York State and/or National Registers of Historic
Places; or
(2) Buildings or structures that have been determined to be eligible for listing on said Registers of
Historic Places; or
(3) Buildings or structures that have been identified as potentially significant in the Town of Ithaca
Historic Resources Survey (Final Report for the Intensive Level Survey, September 2005, as it may be
revised or updated from time to time).
Consideration or approval of the LHC overlay district is not a right even if the structure or property meets
the qualifications in (1), (2) and (3) above.
C. An application for a LHC overlay zone must include the following elements:
(1) A narrative description and justification for the request to include the following:
a. historical significance of the property.
b. description of proposed limited commercial use(s) and feasibility of using the building and
site for the proposed use
c. compatibility with neighboring and nearby properties and uses.
Commented [A1]: Overlays are zoning districts, so we
should use the word “district.” Also, addition of
“district” here is consistent with the Inlet Valley law,
which refers to its overlay “district.” The two laws
should use the same nomenclature
Commented [A2]: Changes in A make this law
consistent with wording in the Inlet Valley law
Commented [A3]: Do you want to add this sentence
from the Inlet Valley law? “Regulations for the overlay
district apply if overlay and base zone regulations
conflict.”
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d. how the proposal will help promote and facilitate the preservation and enhancement of the
historical property.
(2) Conditions Site assessment performed by a design professional (an architect, certified building
inspector, or civil/structural/architectural engineer) preferably having historic preservation
experience, to evaluate and document the exterior of the building(s) and site conditions relative
to historical and structural integrity. It is the owner’s responsibility for engaging/hiring and
paying for the design professional. Exterior and site character defining Ffeatures to be assessed
include, but are not limited to, the following:
a. all cladding materials, including trim, and architectural details, and attachments.
b. Windows and doors including panes and trim.
c. Roof, including gutters and chimney.
d. Decks, porches, and/or balconies.
e. Grounds specific to elements that are relevant to the historic integrity, such as fences.
f. General, other overall?
(3) Preservation Plan
a) An approved Preservation Plan commits the property owner to goals and actions intended to ensure
that benefits derived from the limited commercial overlay district rezoning continue to facilitate the
preservation and protection of the property’s historical and structural integrity. The Preservation Plan
must be approved by the Town Board, and its implementation must be a condition of any overlay district
approval. is binding on the overlay district approval and The Preservation Plan is composed of the
following two main components: , including:
1. a. A plan for addressing and remedying any deficiencies identified in the property site
assessment, along with a timetable for completing the repairs, restoration, and/or stabilization
that the assessment deemed necessary for stabilizing, weather proofing, rodent proofing??.
2. b. A plan for addressing long-term maintenance and upkeep of the property to ensure the
historical and structural integrity of the grounds and building(s).
3. Landowner consent to enter the grounds for annual and/or biennial exterior inspections. This
consent provides the right for the Town official to enter the property following notification
(written or verbal) to a property owner of the inspection and permission by the owner granted.
b) The property owner must submit any proposed modifications to the Preservation Plan to the Town
Board. Such modifications shall become effective if/when the Town Board approves it.
D. Overlay district enactment and compliance with Preservation Plan
After the overlay district is created, it stays in effect as long as the property and structure(s) are
maintained in accordance with the Preservation Plan conditions are met.
(1) Compliance confirmation letters:
a. compliance confirmation letter will be submitted to the property owner(s) following an
inspection confirming satisfactory implementation of the Plan components addressing
deficiencies identified in the initial site assessment.
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[1] Codes Department staff will conduct annual progress inspections while deficiencies are
being addressed and will have authority to enter grounds for exterior inspection.
b. thereafter, compliance confirmation letters will be submitted to the property owner every two
years following a biennial annual property inspection for properties determined to be
satisfactorily implementing their Preservation Plans.
(2) Non-compliance
a. The property owner will be notified in writing if the Codes Department finds after inspection
that the Preservation Plan is not being followed and of non-compliance and be given 60 days
from the date of the letter to initiate corrective action. if the Codes Department finds after
inspection that the Preservation Plan is not being followed. implemented according to the Plan
or that limited progress or effort has been made in correcting deficiencies.
b. Failure to take commence corrective action in the allotted time frame may lead to Town Board
revocation of the Limited Historic Commercial Overlay District zoning following a hearing and
due process (SEE DUE PROCESS AT THE END OF DOCUMENT New section § 270-142.9)
E. Overlay District Dissolution
(1) The overlay district is automatically dissolved if:
a. the historic buildings or structures are demolished, or the historic buildings or structures are
destroyed in whole or part by any means so that the destruction exceeds 50% of the assessed
values of the buildings or structures in effect before the destruction, or
b. the historic buildings or structures in the zone lose any historic designation or eligibility for
listing, if applicable.
c. after a hearing and due process, it is determined that the property and structure(s) are not
being maintained in a manner that preserves the historic integrity and as agreed to in
Preservation Plan.
§ 270-142.4. Permitted principal uses
Permitted uses, and related performance standards and special requirements in the base zone, apply in
an LHC overlay district. The uses in the following table are also allowed.
These provisions consider each of these principal uses as if it stands alone, even if that use is functionally
integrated with other defined uses. (Example: if a private club serves food or drinks onsite, these
provisions consider the club and food / drink service (restaurant / bar) as separate uses, each subject to
conditions for that use)
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Commented [A4]: What are “performance standards
and special requirements”? Rephrase so it is clear what
is being retained?
Use Conditions
(all uses below) • Special permit: Special permit review and
approval (Planning Board) is required for any of
these uses (except conversion of a non-residential
building to a residential use) in C, AG, LR, LDR,
MDR, HDR, and MR base zones.
• Site plan review: Site plan review and approval
(Planning Board) is required for any proposed
physical changes to a site or building exterior
proposed for or with any of these uses. Site plan
review is not needed for ① building maintenance,
repair, painting, or restoration; ② replacement of
asphalt, asbestos, vinyl, or aluminum siding or trim
with wood, composite wood, or fiber cement
materials; or ③ landscaping. Suggest Committee
consideration for 9/15/22 meeting – this may be
too onerous. Might be better to have exterior
changes requiring a BP reviewed by COE with
recommendation from historic planner for
consistency with § 270-142.8 below. Include initial
SPA for application?
• Size / floor area: If the base zone also allows one
of the uses in this table, maximum floor area in the
base zone requirements applies. Otherwise,
maximum floor area is limited to the gross floor
area of the principal building at the time of
overlay designation.district creation. Uses that
may expand beyond this area (subject to site plan
review and approval) are noted.
• Off-site impacts: Externalities (noise, vibration,
odor, glare) from normal activity must not be
detectible past the property line in C, AG, LR, LDR,
MDR, HDR, and MR base zones. This doesn’t apply
to normal outdoor activities (examples: people
arriving and leaving, playing outdoors). All other
related performance standards for the use in the
Town Code also apply.
1) Residential principal uses
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Commented [A5]: Instead of this list, consider
requiring site plan review whenever it is required by the
site plan article? If you keep the list, and there are no
physical changes, would initial site plan review
nonetheless be desirable to make sure onsite traffic
circulation and parking, are safe and adequate, no
screening is needed, etc.?
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Use Conditions
Dwelling unit
Separate living quarters for living, sleeping,
cooking, eating, bathing, and sanitation by a family.
household
• This use does not need a special permit.
• A principal building may have 1 principal dwelling
unit per 1,000 ’2 gross floor area that meets the
definition of “habitable space” in the International
Residential Code). This does not apply to buildings
that ① are new, or ② do not n’t meet the
criterialcriteria in 270-142.3 B.
Live-work dwelling unit
Principal dwelling unit, with connected purpose -
built space on the ground floor for an allowed
nonresidential use
• Area: ≤ 500'² GFA for a nonresidential use, on the
1st story, with a public entrance separate from
living areas.
• Occupancy: The dwelling unit must be the
proprietor’s primaryprincipal home.
• Time: Business hours ≥ 8:00 AM to ≤ 8:00 PM.
• Use: A nonresidential use in a live-work unit may
only be one of the uses below as defined elsewhere
in this section.
• Day care center
• Personal service
• Professional office
• Related Rretail use (photography / art studio or
gallery)
2) Lodging principal uses
Inn
Facility with guest rooms for overnight stays by
paying guests. An inn has staff onsite throughout
the day.
• Guest room occupancy may only be on a daily or
longer basis.
• Number of guest rooms may be 1 for every ≥
5800’2 of habitable floor area. (according to the
International Residential Code) in the building,
rounded down.
• This use is allowed only on a lot that fronts a
collector road, or major or minor arterial road
(Tompkins County Highway Functional
Classification).
Short -term rental uses
See 270-219.7.
Compared to an inn, a short-term rental unit may
have an onsite resident host, but otherwise it does
not have staff onsite, except as needed for guest
registration and checkout, and maintenance and
cleaning.See 270-5 and 270-219.7 for definition and
base requirements.
• Provisions in 270-219.7 E(1), E(2)(a) and E(2)(c)
that do not apply in the LHC overlay district include
E(2)(b) E(2)(e) and Subsection F.
• A principal building may have 1 dwelling unit used
for short term rental unituse and in the case of two
principal buildings, each may have having one
short-term rental agreement.
• A unit may be used for unhosted short term rental
uses year-round with no maximum time limit for
occupancy, subject to special permit review and
approval.
Commented [A6]: Use word “family” instead of
“household”? Otherwise, could get a group unrelated
individuals who do not meet the Zoning Chapter’s
definition of family
Commented [A7]: Marty should review this (and the
rest of the law)
Commented [A8]: Do not use contractions
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Commented [A9]: Marty should review
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Commented [A10]: Why not also apply E(2)(d) & (e)
and other STR provisions? It would be cleaner to list the
provisions that do not apply, rather than listing those
that do apply.
Also, I did not make the blue-colored changes in this
part of the Conditions and am not sure why they still
show up since I accepted all of the changes in the prior
draft—maybe they are not red-lined changes
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Use Conditions
3) Commercial principal uses
Day care center
Any of these services to unrelated children or adults
in a protective setting.
• Child day care (18 NYCRR § Subpart 418.-1), small
day care (18 NYCRR § Subpart 418.-2), school aged
child care (18 NYCRR §Part 414).
• Adult day health care (10 NYCRR §Part 425), social
adult day care (9 NYCRR § 6654.20).
Personal service
Providing an intangible product or service to the
public or customers onsite.
• Does not include ① repair or modification of
tangible products, or ② services related to building
or mechanical trades, unless the base zone allows t
these (1 and 2).
Professional office
Business, administrative or professional offices and
facilities; medical, dental, and health and wellness
practices not involving any overnight occupancy;
municipal or other governmental offices.
Retail use
Onsite sale or rental of a physical product to the
public.
• Limited to arts / crafts / design studios or
galleries. Other types of retail uses are not allowed,
unless the base zone allows it. [Other non-intrusive
uses? Uses that should be limited to arterial
roads?]
Restaurant / cafe / bar
Preparing or serving meals or drinks to customers
onsite or delivery offsite.
• Allowed only on a lot that fronts a major or minor
arterial road (Tompkins County Highway Functional
Classification). Drive-throughs are prohibited.
Retreat / event venue
Use of land and designated structures for gatherings
or events (examples: wedding, private party,
fundraiser event, training event, conference
reception).
• Allowed only on a lot that fronts a collector road,
or major or minor arterial road (Tompkins County
Highway Functional Classification).
4) Civic principal uses
Community workshop
Facility for people to learn, experiment, invent, or
make things using shared tools and resources, in a
collaborative setting. (Examples: makerspace,
hackerspace, community kitchen.)
Cultural facility
Facility for display, performance, or enjoyment of
heritage, history, arts, or sciences. (Examples:
museum, non-commercial gallery, library, visitor
center, indoor arts performance venue by a public or
private entity.)
• May expand beyond the gross floor area of the
principal building at the time of LHC overlay
designationdistrict creation, subject to site plan
review and approval.
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Commented [A11]: Does the exception apply to both
1 & 2, or only 2?
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Commented [A12]: Prohibit drive-throughs?
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Use Conditions
Place of assembly
Facility used for public/resident assembly for
worship, meeting, government, or community
purposes. (Examples: religious or secular
congregation, community center, common house,
amenity center.) This includes typical ancillary uses.
(Examples: meeting room, kitchen, exercise room,
laundry room, workshop, day care center, offices.)
• May expand beyond the gross floor area of the
principal building at the time of LHC overlay
designationdistrict creation, subject to site plan
review and approval.
Private club / lodge
Facility of a nonprofit private club or organization,
mostly open only to club members and their guests.
(Examples: service or lodge based organization,
social club, veterans’ club, labor union.)
School: primary / secondary
NYS recognized school for primary or secondary (K-
12) education.
• May expand beyond the gross floor area of the
principal building at the time of LHC overlay
designationdistrict creation, subject to site plan
review and approval.
§ 270-142.6. Permitted accessory uses and structures.
PermittedBase zone permitted accessory uses, and related performance standards and special
requirements in the base zone, apply in an LHC overlay district.
§ 270-142.7. Building setbacks and height
Minimum and maximum setback and height requirements in the base zone apply on lots within an LHC
overlay district.
A structure with historic designation but legal nonconforming setback or height may be renovated,
expanded, moved, or used more intensively, if non-conforming aspects are not made worse. (Example: a
building with a nonconforming 10’ front setback may be expanded, but the addition can’t be closer to
the front lot line than the rest of the building.)
§ 270-142.8. Additional special requirements.
In addition to the additional special requirements in § 270-122, the following special requirements also
apply in thea Limited Historic Commercial Zoneoverlay district:
A. Regulations for the overlay district apply if overlay district and base zone regulations conflict.
B. Building conversions, alterations, additions, reconstructions, repairs, signs, and other site elements shall
be compatible with the historic and architectural character of the buildings or structures that have been
designated or identified as having historic significance as outlined in § 270 -142.3 of this article. This
requirement shall apply to the exteriors of buildings, structures and site elements, not to their interiors.
§ 270-142.9 Hearing and Due Process (this is modelled on the language in §125-16 (Dangerous or unsafe
buildings)
Commented [A13]: I think I raised the question for the
NNC as to why this is limited to “nonprofit”
organizations—I still think “nonprofit” should be
deleted.
Commented [A14]: This example is counter to how the
ZBA has been interpreting increases in nonconformity.
The ZBA finds nonconformity increases if the volume of
the building within the setback increases (for example,
if an additional floor is added and the footprint is
within the setback).
Commented [A15]: Keep “the additional”, because the
title of 270-122 is “Additional special requirements”
and its text uses that phrase
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A. Inspection by Code Enforcement Officer; report to the Town Board. When in the opinion of the Code
Enforcement Officer, a property having a Limited Historic Commercial Zone designation is deemed as not
is deemed as not in compliance with the Preservation Plan pursuant to being maintained for preservation
of its historical and structural integrity because:
(1) the Preservation Plan is not being implemented and repairs are being neglected and
deterioration of the property is visibly occurring, or
(2) Exterior building alterations, additions, reconstructions, or repairs have been completed with
materials and application that jeopardizes the historical significance and designation of the structure.
The Code Enforcement Officer shall report in writing to the Town Board the officer’s findings and
recommendations.
The Town Board will consider the report and, if it finds from the report that there are grounds to believe
that the propertyPreservation Plan is not being followed maintained in a manner that preserves the
historical and structural integrity, the Town Board, by resolution, shall order dissolution of the limited
historical commercial zone and a return to property’s underlying zoning designation. The Town Board
shall further order that a notice of the order and of the related upcoming hearing shall be served on the
owner or some one of the owner's executors, legal representatives, or any other person having a vested
or contingent interest in the property, either personally or by registered mail addressed to the last known
address, if any, of the owner or some one of the owner's executors, legal representatives, agents, lessees
or other person having a vested or contingent interest in same, as shown by the records of the receiver
of taxes and/or in the office of the County Clerk or County Register.
B. Contents of notice. Said notice shall contain the following information:
(1) A description of the premises.
(2) A statement describing how the Preservation Plan is not being followed of the particulars in which the
property and building(s) are deemed unsatisfactorily for maintenance of historical and structural integrity.
(3) The Town Board's order requiring compliance with the Preservation Plan pursuant to a specified time
table. the property to undergo repairs or alterations to restore the historical integrity and comply with
the Preservation Plan, else the process of dissolution of the Limited Historical Commercial Zone
designation will commence.
(4) A statement that repairs or alternations of said property will commence and be completed within a
specified time frame.
(5) A statement that a hearing will be held before the Town Board at a time and place specified in the
notice, at which hearing the owner and such persons having an interest in the property or structure may
contest the order, and that in the event such owner or persons having an interest shall fail to contest
successfully such order or fail or refuse to comply with same or with any amended order that the Town
Board may issue after the hearing, the Town Board will terminate dissolve the Limited Historical
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Commercial Zone and the underlying zoning will be put into effect. shall rezone the property to the
underlying zone.
C. Hearing. At the time and date specified in the notice to repair or restore the property the Town Board
shall conduct the public hearing. It may adjourn from time to time until the he aring is completed and
until all interested parties that make reasonable attempts to participate are heard. At the conclusion of
the hearing, the Town Board shall determine to revoke the order; or continue or amend said order and
direct the owner and other persons to complete the work within a specified time which shall be
reasonable as to the time needed to perform the work.
Formerly part of section § 270-142.3. these sections are proposed for removal.
C. After the overlay district is appliedcreated, it stays in effect as long as the buildings or structures for
which the historic designation was given remain on the site in reasonably good condition so as to
preserve exterior architectural features (including but not limited to exterior walls, roofs, windows, eaves,
door surrounds, foundations and exterior chimneys), and in addition their exteriors are maintained in a
manner that preserves their historic integrity. If, following a public hearing, the Town Board determines
that the buildings or structures are not in reasonably good condition or the exteriors are not being
maintained in a manner that preserves their historic integrity, then the Town Board will take the
appropriate procedures to removerezone the properties by dissolving the overlay district.
D. The overlay district is automatically removeddissolved if:
the historic buildings or structures are demolished, or if the historic buildings or structures are destroyed
in whole or part by any means so that the destruction exceeds 50% of the assessed values of the
buildings or structures in effect before the destruction, or
the historic buildings or structures in the zone lose any historic designation or eligibility for listing, if
applicable.
E. An existing use that was established pursuant to this section but not allowed in the base zone must
end within one year of overlay removal.district dissolution. The use may be extended upon application
within the one-year period for a special approval for such extension from the Board of Appeals. Such
approval shall not be granted unless the applicant establishes and the Board of Appeals finds that,
notwithstanding the one-year period for amortizing the nonconforming use, termination of the
nonconforming use would cause serious financial harm to the property owner not balanced or justified
by the advantage to the public accruing from the cessation of such use. In making this determination the
Board shall consider, among other factors (including the factors set forth elsewhere in this chapter
relating to the issuance of special permits or approvals), the nature of the nonconforming use; the cost of
converting to a conforming use; the amount of the applicant's investment in improvements erected on
the property that existed on the date of the zoning cha nge or reversionoverlay district dissolution; the
condition of such improvements; the detriment caused by the nonconforming use; the character of the
neighborhood; the depreciation of buildings and other fixed capital improvements taken for income tax
purposes; the detriment to the property owner caused by the cessation of the use; and whether an
additional reasonable amount of time is needed by the owner to amortize any substantial and
unrecovered costs associated with the nonconforming use. In making its determination the Board shall
disregard, as irrelevant, any costs incurred after the overlay designation or removaldistrict dissolution for
purchase of a nonconforming building, property or use or costs to repair, maintain, improve or enlarge a
nonconforming building, property or use. If the extension is granted, the Board of Appeals shall set a
fixed additional period for the extension of time before the nonconforming use must be terminated.
Also For Consideration:
Proposed Modification to the LHC Overlay District Purpose Statement (§ 270-142.2)
§ 270-142.2. Purpose. Original text in current law
The purpose of the Limited Historic Commercial Zone is to promote the preservation, protection, and
enhancement of significant historic resources in the Town of Ithaca by allowing a wide range of re -use and
redevelopment options, while also ensuring the compatibility of redeveloped historic properties with
neighboring residential and other uses. In particular, one of the purposes of the Limited Historic
Commercial Zone is to facilitate preservation and protection of historically significant residential buildings
by authorizing uses that will provide a wide range of opportunities for making such preservation and
protection financially feasible.
§ 270-142.2. Purpose. Revised proposed text 4-15-22
The Limited Historic Commercial overlay district promotes the preservation, protection, and
enhancement of significant historic structures and sites in the Town of Ithaca by enabling more flexibility
for allowed uses or site planning for buildings and sites of significant historical interest than what the
underlying zone would normally allow, to help make preservation efforts financially feasible.
§ 270-142.2. Purpose. New revised text 9-09-22 for consideration
The Limited Historic Commercial Overlay District promotes the preservation, protection, and
enhancement of significant historic structures in the Town of Ithaca by enabling more flexibility of the
allowed uses of historically significant structures and their associated properties than what the underlying
zone would normally allow. In providing more reuse options, the intent of the Limited Historic
Commercial Zone is to help make preservation efforts more financially feasible.
This version:
- removes the word “redevelopment” and “redeveloped” that was used in the original version.
Exterior redevelopment of the historical structure/site would not seem to be something the
town would necessarily want to encourage.
- removes the words “site planning” used in the 4-15-22 version. Not sure how that applies.
- adds that the law is applicable to structures “and their associated property”, unlike the 4-15-
22 version suggesting “sites” alone would be applicable.
- breaks the section into two sentences for easier reading.
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Chapter 270. Zoning
Article XXVI. Special Regulations
§ 270-219.1. Solar energy systems.
A. Purpose. The purpose of this section is to facilitate the development and operation of
renewable energy systems based on sunlight, because it is in the public interest to provide
for and encourage renewable energy systems and a sustainable quality of life, in
accordance with the Town of Ithaca Comprehensive Plan. Solar energy systems are
appropriate in all zoning districts when measures are taken, as provided in this section,
to minimize adverse impacts on neighboring properties and protect the public health,
safety and welfare.
B. Applicability.
(1) The requirements of this section shall apply to all solar energy systems modified or
installed after the effective date of this section.
(2) Solar energy systems are permitted in all Town zones, including Planned
Development Zones, subject to the requirements described below.
Notwithstanding the foregoing, where the solar energy systems provisions of the New
Neighborhood Code (Chapter 272) apply and are inconsistent with this § 270-219.1,
the provisions of the New Neighborhood Code apply.
[Added 11-9-2020 by L.L. No. 6-2020]
C. General requirements.
(1) Building permits are required for all solar energy systems.
(2) The setbacks and approval required for each type of solar energy system are
summarized in the table titled "Setback and Yard Requirements for Ground-
Mounted Solar Energy Systems,"[1] and are further described below.
[1] Editor's Note: The table is included as an attachment to this chapter.
(3) Qualified installer. All solar energy installations must be performed by a qualified
solar installer and, prior to issuance of a certificate of compliance, must be inspected
by a Town Code Enforcement Officer or by an appropriate electrical inspection
person or agency, as determined by the Town. In addition, any connection to the
public utility grid must be approved by the appropriate public utility.
(4) Storage batteries. When solar storage batteries are included as part of the solar
energy system, they must be placed in a secure container or enclosure meeting the
requirements of the New York State Building Code when in use and when no longer
used shall be disposed of in accordance with the laws
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and regulations of Tompkins County and other applicable laws
and regulations.
(5) For purposes of this § 270-219.1, a photovoltaic solar energy system use is
an accessory use on a parcel if it is designed for a use primarily on the parcel.
(6) In the event of inconsistency between the provisions in this § 270-219.1 and
other provisions in Chapter 270 or Chapter 271 (such as setback or height
requirements), the provisions in § 270-219.1 shall govern.
D. Rooftop and building-mounted photovoltaic solar energy systems. The following
standards are applicable to rooftop and building -mounted photovoltaic solar
energy systems:
(1) Permitted in all zones.
(2) No size thresholds, except as limited by the New York State Uniform Fire
Prevention and Building Code.
(3) No site plan approval is required; changes to, or the addition of, rooftop or
building-mounted photovoltaic solar energy systems will not trigger site plan
modification requirements.
(4) Glare. All solar panels must have anti-reflective coating(s).
(5) Checking with Codes to see whether any of the following design elements would be helpful
– source NYS NYSERDA Model Law
(a) Solar Panels on pitched roofs shall be mounted with a maximum distance of [8] inches
between the roof surface to the highest edge of the system.
(b) Solar Panels on pitched roofs shall be installed parallel to the roof surface on which they
are mounted or attached.
(c) Solar Panels on pitched roofs shall not extend higher than the highest point of the roof
surface on which they are mounted or attached.
(d) Solar Panels on flat roofs shall not extend above the top of the surrounding parapet, or
more than [24] inches above the flat surface of the roof, whichever is higher.
(e) to ensure firefighter and other emergency responder safety there shall
be a minimum perimeter area around the edge of the roof and structurally
supported pathways to provide space on the roof for walking around all rooftop
and building-mounted solar collectors.
E. Solar-thermal energy systems (rooftop, building-mounted and ground-mounted).
In addition to the standards in Subsection F below, the following standards are
applicable to solar-thermal energy systems:
(1) Permitted in all zones as an accessory use.
(2) No size thresholds, except as limited by the New York State Uniform Fire
Prevention and Building Code.
(3) Setbacks for ground-mounted solar-thermal energy systems shall be the
same as those listed in Subsection G below for ground-mounted photovoltaic
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solar energy systems.
(4) No lot coverage standards apply.
(5) No site plan approval is required; changes to, or the addition of, solar -thermal
energy systems will not trigger site plan modification requirements.
(6) Safety. No roof-mounted solar-thermal energy system shall be located in a
manner that would cause the shedding of ice or snow from the roof into an
open porch, stairwell or pedestrian travel area.
F. Standards applicable to all ground-mounted photovoltaic and ground-mounted
solar-thermal energy systems.
(1) Height. The maximum height for all ground-mounted systems is 25 20 feet
when the system is oriented at maximum tilt. Exceptions will be made for
farms in the Agriculture and Low Density Residential Zones that utilize
agrivoltaic farming applications. For agrivoltaic uses the Planning Board may
waive the height requirement to accommodate continued or new agricultural
uses.
(2) Installation of solar energy systems is prohibited in:
(a) Required open space;
(b) Required buffers; or
(c) Park set-aside areas required as a condition of subdivision approval.
(3) Maintenance. The owner or operator shall maintain the facility in good
condition. Maintenance shall include, but not be limited to, structural repairs
and integrity of security measures.
(4) Abandonment. If a solar energy system ceases to perform its originally
intended function for more than 12 consecutive months, the property owner
shall remove the collectors, plates, piping, mounts and associated equipment
and facilities by no later than 150 days after the end of the twelve -month
period.
(5) Solar energy systems may be built across common lot lines by mutual
agreement among all property owners. Mutual easements allowing such
systems are required where lot ownership is not identical. Solar energy
systems that are built across common lot lines may be a principal use on one
or more lots, and/or an accessory use on one or more lots, provided that the
use is allowed in the relevant zone.
G. Additional standards for ground-mounted photovoltaic solar energy systems.
(1) Ground-mounted photovoltaic systems are divided into three four size
categories, as follows:
(a) Small-scale ground-mounted photovoltaic systems have a total solar
facility footprint of 2,000 square feet or less.
(b) Medium-scale ground-mounted photovoltaic systems have a total solar
facility footprint of more than 2,000 square feet and less than 7,000
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square feet.
(c) Large-scale ground-mounted photovoltaic systems have a total solar
facility footprint greater than 7,000 square feet and up to 5 acres (currently
it is 10 acres,.
(d) Full-scale ground-mounted photovoltaic systems have a total solar facility
footprint of more than 5 acres and up to maximum of 35 acres.
(2) Standards applicable to ground-mounted photovoltaic systems based on
scale size.
(a) Small-scale photovoltaic solar energy system standards:
[1] Permitted in all zones as principal and accessory uses.
[2] Setbacks (measured from the lot line to the closest part of the
photovoltaic solar energy system):
[a] Ten feet minimum from side and rear yard lot lines.
[b] Minimum setback from front lot line equals the maximum
number of feet for required front yards in the zone, except in Light
Industrial, Industrial and Planned Development Zones.
[c] In Light Industrial, Industrial and Planned Development Zones,
the minimum setback from front lot line is 50 feet.
[3] Lot coverage. The solar facility footprint of the system, when
combined with all other buildings and structures on the lot, shall not
exceed 120% of the maximum lot coverage, building area, and yard
occupancy requirements for the zone.
[4] Site plan review: not required unless the photovoltaic solar energy
system is part of an overall new development plan or modification of
an existing plan that otherwise triggers site plan review.
(b) Medium-scale photovoltaic solar energy system standards:
[1] Permitted use:
[a] Accessory use in the following zones:
For solar applications, “accessory” was intended to imply providing on-site
consumption. Leave as is, given the size, or does it require clarification?
Medium Density Residential, High Density Residential, Mobile
Home Park, Multiple Residence, Conservation, Neighborhood
Commercial, Community Commercial, and Planned Development
Zones.
[b] Principal and accessory uses in the following zones:
Agricultural, Low Density Residential, Light Industrial, Industrial,
and Office Park Commercial Zones.
[2] Setbacks (measured from the lot line to the closest part of the
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photovoltaic solar energy system):
[a] Sixty feet minimum from a lot line (except a front lot line) that
abuts property in any zone except a commercial or industrial zone.
[b] Thirty feet minimum from a lot line (except a front lot line) that
abuts property in a commercial or industrial zone.
[c] Minimum setback from front lot line equals the maximum number
of feet for required front yards in the zone, except in Light Industrial
and Industrial Zones.
[d] In Light Industrial, Industrial and Planned Development Zones,
minimum setback from front lot line is 50 feet.
[3] Lot coverage. The solar facility footprint of the system, when
combined with all other buildings and structures on the lot, shall not
exceed 120% of the maximum lot coverage, building area, and yard
occupancy requirements for the zone.
[4] Site plan review:
[a] Required in Low Density Residential, Medium Density
Residential, and High Density Residential Zones.
[b] In other zones, not required unless the photovoltaic solar energy
system is part of an overall new development plan or modification
of an existing plan that would require site plan review even if the
photovoltaic solar energy system was not part of the plan.
[5] Design standards.
[a] Fencing. When fencing is installed, barbed wire shall not be utilized.
[b] Glare. Photovoltaic solar energy systems and other facilities shall
be designed and located in order to minimize reflective glare toward
roads or any habitable or occupiable buildin g on adjacent
properties.
(c) Large-scale photovoltaic solar energy system standards:
[1] Permitted use:
[a] Principal and accessory uses in the following zones: Agricultural,
Low Density Residential, Office Park Commercial, Light Industrial,
Industrial, and Planned Development Zones.
[b] Accessory use only in the following zone: Medium Density
Residential Zone. For solar applications, “accessory” was intended to
imply providing on-site consumption. Leave as is, given the size, or does it
require clarification?
[2] Setbacks (measured from the lot line to the closest part of the
photovoltaic solar energy system):
[a] Seventy-five feet minimum from a lot line (except from a front lot
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line) that abuts property in any zone except a commercial or
industrial zone.
[b] Forty feet minimum from a lot line (except from a front lot line) that
abuts property in a commercial or industrial zone.
[c] Minimum setback from front lot line equals the maximum number of
feet for required front yards in the zone, except in Light Industrial
and Industrial Zones.
[d] In Light Industrial, Industrial and Planned Development Zones,
minimum setback from front lot line is 50 feet.
[e] Roads, landscaping and fencing may occur within the setback.
[3] Maximum footprint and lot coverage. The maximum solar facility
footprint of a system is 10 5 acres. The coverage of photovoltaic solar
energy systems shall not count in the computation of lot coverage, building
area, and yard occupancy.
[4] Site plan review is required prior to construction, installation or
modification. In addition to the requir ement for site plan review per Town
Code § 270-186, the following additional information is required to be
submitted as part of the site plan application:
[a] A one- or three-line electrical diagram detailing the entire Solar
Energy System layout, including the number of Solar Panels in
each ground-mount array, solar collector installation, associated
components, inverters, electrical interconnection methods, and
utility meter, with all National Electrical Code compliant disconnects
and over current devices. The diagram should describe the location
and layout of all Battery Energy Storage System components if
applicable and should include applicable setback and other bulk
and area standards.
[b] Utility notification: submission of documentation from the utility
company that operates the electrical grid where the installation is to
be located acknowledging the photovoltaic solar energy systems
will be connected to the utility grid. Off-grid systems shall be exempt
from this requirement.
[c] Safety. The owner/operator shall provide evidence that a copy of
the site plan application has been submitted to the appropriate Fire
Chief (Ithaca Fire Department or Cayuga Heights). Al l means of
shutting down the photovoltaic solar energy system shall be clearly
marked on the site plan and building permit applications.
[d] Operation and maintenance plan: submission of a plan for the
operation and maintenance of the facility, to include measures for
maintaining safe access, operational maintenance of the
photovoltaic solar energy system, any anticipated agrivoltaic use,
and general property upkeep, such as mowing and trimming.
[e] Decommissioning plan: submission of a decommissioning plan to
be implemented upon abandonment, or cessation of activity, or in
conjunction with removal of the facility to ensure that the site will b e
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restored to a useful and nonhazardous condition, with a time frame
provided for the completion of the work. See Decommissioning plan
components in Subsection H
[5] Design standards.
[a] Fencing.
[i] Barbed wire shall not be utilized.
[ii] When fencing will enclose the perimeter of the site or facility,
wildlife-friendly fencing that allows the free range and passage of
small mammals and reptiles and is designed to minimize wildlife
injury and death due to entanglement or strangulation shall be
used on sites having a solar facility footprint greater than three five
acres. Exceptions can be made by the Planning Board for sites
that are not in rural locations and have limited surrounding wildlife
habitat.
[iii] Mechanical equipment, including any structure for Battery
Energy Storage System components, shall be enclosed by a 7-
foot-high fence, or whatever is currently required by NEC, with a
self-locking gate to prevent unauthorized access. Town limits fence
heights to 6 ft except for Ag purposes and deer fencing.
[b] Glare. Photovoltaic solar energy systems shall be designed and
located in order to minimize reflective glare toward roads and any
inhabited building on adj acent properties.
[c] Roads. Roadways within the site shall be designed to minimize the
width and extent of roadway construction and soil compaction.
[d] Screening/Buffering. Based on site-specific conditions, including
topography, adjacent structures, and roadways, reasonable efforts
shall be made to minimize visual impacts by preserving natural
vegetation, and providing landscape screening to abutting
residential properties and roads, but should not result in shading
photovoltaic solar energy systems.
[e] Lighting. All lighting on the site related to the photovoltaic solar
energy system shall comply with the Town's Outdoor Lighting
Law[2] and be limited to that required for safety and operational
purposes. Editor's Note: See Ch. 173, Lighting, Outdoor.
[f] Signage. All signage shall comply with the Town's Sign Law.[3] A sign
shall be displayed on or near the main access point identifying the
owner and providing a twenty-four-hour emergency contact
phone number. Editor's Note: See Ch. 221, Signs.
[g] Utility connections. Reasonable efforts shall be made to place all
utility lines from the photovoltaic solar energy system underground,
depending on appropriate soil conditions, shape and topography of
the site, financial feasibility, and any requirements of the utility
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provider.
[h]Decommissioning.DECOMMISSIONING MOVED TO THE END OF
LAW GIVEN ITS LENGTH AND TO MINIMIZE FLOW DISRUPTION FOR
FULL-SCALE TO FOLLOW MORE CLOSELY AFTER LARGE-SCALE
i. In the event the photovoltaic solar energy system is not completed
and functioning within 18 months of the issuance of the initial
building permit, the Town may notify the operator and/or owner to
complete construction and installation of the facility with in 180 days
of the date of notification. If the owner and/or operator fails to
perform, the Town may notify the owner and/or operator to
implement the decommissioning plan.
1. If a photovoltaic solar energy system ceases to perform its
originally intended function for more than 12 consecutive
months, the owner and/or operator shall implement the
decommissioning plan, to include, but not be limited to:
Removal of above-ground and below-ground equipment,
structures and foundations.
2. Restoration of the surface grade and soil after removal of
equipment.
(d) Revegetation of restored soil areas with native seed mixes, excluding any
invasive species.………SEE REST OF DECOMMISSIONING PLAN
REQUIREMENTS FURTHER BELOW AT END OF DOCUMENT.
(d) Full-scale photovoltaic solar energy systems standards
[1] Permitted use
[a] Principal and accessory uses in the following zone: Agricultural
[2] Setbacks (should there be different setback depending on whether setback is
adjacent an ag field vs residential ag property or keep as is?)
[a] Minimum setback from the side and rear lot lines is 75 feet.
[b] Minimum setback from front lot line is 50 feet.
[c] Roads, landscaping and fencing may occur within the setback.
[3] Maximum footprint and lot coverage. The maximum solar facility
footprint of a system is 35 acres. The coverage of photovoltaic solar
energy systems shall not count in the computation of lot coverage,
building area, and yard occupancy.
[4] Site plan review is required prior to construction, installation or
modification. In addition to the requirement for site plan review per
Town Code § 270-186, the following additional information is required
to be submitted as part of the site plan application:
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[a] All site plan review requirements for large-scale solar
energy systems are required for full-scale energy systems.
[b] A visual assessment of the visual impacts of the solar energy
system on public roads and adjacent residential properties. At a
minimum, a line-of-sight profile analysis shall be provided.
5] Design standards and measures for protecting agriculture resources.
[a] All design standards required for large-scale solar energy
systems are required for full-scale energy systems.
[b] The clearing of land to accommodate the solar facility must not
exceed 20%? removal of mature woods on the project site. For
definition of “mature wood” see end of document. Phrasing of “project site”
instead of “lot” in case multiple lots are employed for project.
[c] Vegetation clearing. Removal of trees and other existing
vegetation shall be limited to what is necessary for the
construction, operation and maintenance of the photovoltaic solar
energy system.
[d] Solar energy system projects on parcels containing soils classified
as Prime Farmland or Farmland of Statewide Importance (as
defined by the USDA Natural Resources Conservation District)
shall not utilize more than 50% of the parcel area containing these
soil types. Agrivoltaic farming applications are exempt.
[e] Solar energy system installations must follow NYS Department of
Agriculture and Markets current guidelines for solar energy system
projects.
[e] Energy system owners not utilizing agrivoltaic farming shall
develop, implement, and maintain native vegetation to the extent
practicable pursuant to a vegetation management plan by
providing native perennial vegetation and foraging habitat
beneficial to game birds, songbirds, and pollinators. To the extent
practicable, when establishing perennial vegetation and beneficial
foraging habitat, the owners shall use native plant species and
seed mixes.
[f] Multiple lots. The Planning Board may consider a solar facility
project that is comprised of several lots to be treated as a single
lot for purposes of applying setback standards. This approach may
help minimize visual and cumulative land-use impacts by consolidating a
project’s footprint
[g] The Town of Ithaca considers agrivoltaic farming to be the
preferred approach when siting solar on land that is well -suited
for agriculture production.
H. Decommissioning.
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(1) In the event the photovoltaic solar energy system is not completed and
functioning within 18 months of the issuance of the initial building permit,
the Town may notify the operator and/or owner to complete construction
and installation of the facility within 180 days of the date of notification. If
the owner and/or operator fails to perform, the Town may notify the owner
and/or operator to implement the decommissioning plan.
(2) If a photovoltaic solar energy system ceases to perform its originally
intended function for more than 12 consecutive months, the owner and/or
operator shall implement the decommissioning plan, to include, but not be
limited to:
(a) Removal of above-ground and below-ground equipment, structures
and foundations.
(b) Restoration of the surface grade and soil after removal of equipment.
(c) Revegetation of restored soil areas with native seed mixes, excluding
any invasive species.
(3) If the owner and/or operator fail to fully implement the decommissioning
plan within 180 days, then in addition to other remedies provided by this
section or chapter, by New York Town Law § 268, or by law or equity, the
Town may utilize the following procedure to remove a photovoltaic solar
energy system and/or implement a decommissioning plan:
(a) The Code Enforcement Officer may order removal of such photovoltaic
solar energy system and/or implementation of the decommissioning
plan by written notice to the owner or person, company or other entity
having control of the system, or to the owner of the lot on which such
system is located. The notice shall set forth a deadline by which such
removal and/or plan implementation must be completed. Said notice
shall further advise that, should the violator fail to so act within the
established deadline, the removal and/or plan implementation may be
performed by a designated governmental agency or a contractor, with
the expense thereof to be charged to the violator and/or to become a
lien against the premises.
(b) If the photovoltaic solar energy system is not removed and/or the actions
in the decommissioning plan are not completed within the period set
forth in the Town's notice or Town Board's decision after any appeal
thereof pursuant to Subsection G(2)(c)[5][c][iv] below, the Town may
enter the premises to remove the system, cause the removal to be
performed, and/or implement the decommissioning plan. The Town's
entry onto such premises shall be pursuant to an agreement between
the Town and landowner. If no agreement exists or can be obtained in a
timely manner, the Town may seek a warrant from a court of competent
jurisdiction for access to the premises and/or may seek a court order
requiring or authorizing all actions reasonably necessary to remove the
system and/or implement the decommissioning plan, with the costs of
such actions the sole responsibility of the violator.
(c) The Town shall present the landowner with a bill for all costs and
expenses incurred by the Town in connection with the photovoltaic solar
energy system removal and/or decommissioning plan implementation.
If the landowner shall fail to pay such costs and expenses within 15 days
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after the demand for same, or within 30 days of the final decision on any
administrative or judicial contest the landown er may pursue, then such
unpaid costs, expenses and interest (at the statutory interest rate for
money judgments in New York State courts) incurred from the date of
the system removal and/or completion of the decommissioning plan
shall constitute a lien upon the land on which such removal was
undertaken. A legal action or proceeding may be brought to collect such
costs, expenses, interest, and recoverable attorney's fees, or to
foreclose such lien. As an alternative to the maintenance of any such
action, the Town may file a certificate with the Tompkins County
Department of Assessment stating the costs and expenses incurred and
interest accruing as aforesaid, together with a statement identifying the
property and landowner. The Tompkins County Department of
Assessment shall, in the preparation of the next assessment roll, assess
such unpaid costs, expenses and interest upon such property. Such
amount shall be included as a special ad valorem levy (administered as
a move tax) against such property, shall constitute a lien, and shall be
collected and enforced in the same manner, by the same proceedings,
at the same time, and under the same penalties as are provided by law
for collection and enforcement of real property taxes in the Town of
Ithaca. The assessment of such costs, expenses and interest shall be
effective even if the property would otherwise be exempt from real estate
taxation.
(d) Appeals of notices and Town bills. Any person receiving a notice to
remove a photovoltaic solar energy system and/or implement a
decommissioning plan, or a bill for Town costs and expenses, may
appeal to the Town Board by, within 15 days of receipt of such notice or
bill, delivering to the Town Clerk at the Town offices an appeal requesting
a reconsideration and administrative hearing before the Town Board.
Such appeal shall state the basis for the request for reconsideration and
shall be accompanied by any supporting materials. Failu re to serve such
an appeal within 15 days shall be deemed a waiver of any claim or
defense that the notice or bill is not justified, and the violator shall comply
with the requirements of the notice or pay the bill. If the appeal is timely
filed, the Town Board shall, within 40 days of the filing, hold a hearing
and, based upon any relevant materials presented by the Town and the
appellant, shall issue a resolution deciding the appeal within 30 days
after the hearing. Such resolution shall be filed with the Town Clerk, who
shall arrange for delivery of a copy of the decision to the appellant within
five days after such filing, at the address for such person designated in
the appeal or at such other ad dress as the appellant may thereafter
designate in writing to the Town Clerk. The Town Board's decision after
the hearing shall constitute a final agency action.
Definition Addition:
Agrivoltaic: also know as dual-use solar, is the simultaneous use of land for both
solar voltaic power generation and crop or livestock farming.
MATURE FOREST -- A mature forest is any unimproved land in excess of one (1) acre
with trees that are predominantly six (6) inches diameter at breast height (dbh) or more.
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Information and text from the 2007 Transportation Plan
Pedestrian Corridor Needs Map
Map: Pedestrian Corridors identified in 2007 Transportation Plan that have not been addressed
1) Categorized as Essential:
- Trumansburg Road (Dates Dr. to City Line)
- Coddington Road (short segment, City Line to Egbert Blvd/IC Entrance)
- Pine Tree Road (Slaterville Rd to Honness Ln)
- Forest Home Dr/Caldwell Rd
- Warren Road (Forest Home Dr. to just north of Fairway (connect w/ CU walkway towards Hasbrouck))
2) Categorized as Recommended:
- Mecklenburg Rd. (City Line to Westhaven Rd; ~500 ft. from City to Linderman Cr. walking path
completed in 2020)
- Elm St. Ext (City line to Valley View Rd. to West Haven Preserve)
- Danby Road (Alumni Circle/IC entrance to King Road)
- King Road East (from Danby Rd to Troy Rd; with gap in middle connected by planned recreation trail)
- Troy Road (King Rd E. to Coddington Road)
- Coddington Road (Troy Rd. to Egbert Blvd/IC Entrance)
- Slaterville Road (City line to Pine Tree Rd)
- Snyder Hill Road (Pine Tree Rd to Dove Dr.)
- Forest Home Dr (~1000 ft section along residents towards Flat Rocks)
- Warren Road (connect “Essential” segment to Hanshaw Rd)
- Murial St. (Hanshaw to Rose Hill Rd)
Additional corridors identified since 2007 (not on 2007 prioritization map)
- East Shore Drive (Boynton M.S. to Ithaca Youth Bureau) and Cayuga Waterfront Trail connection
- Gateway Trail Connection (Stone Quarry Rd to Chain Work to S.Hill Recway).
- South Hill RecWay Extension (Burns Road to points south)
Text from 2007 Pedestrian Priority Map
1) Factors Favoring Pedestrian Infrastructure
- Higher density/intensity of land use (Medium and high density residential, neighborhood/
office park commercial)
- Located along the route of a bus
- Within ½ mile of an elementary school, assisted living facility, employment/activity center for
disabled.
- Within ½ mile of other pedestrian generators
- High 85th percentile speed; limit > 25 mph
- High volume/ classification (arterials, collectors, > 4,000 vpd)
- Outside funding is available; hence, cost to Town is low
- Links into existing or planned pedestrian network
- Sufficiency of existing infrastructure
2) Factors Against Pedestrian Infrastructure
- Detrimental to environmental resources including natural, historic, scenic, agricultural, etc.
- Negative neighborhood consensus
3) Who Pays?
When the benefit of a sidewalk or walkway primarily belongs to local property owners, the
responsibility for the cost of construction and/or maintenance belongs to the property owner.
When the benefit extends beyond the vicinity to a broader public benefit, then the responsibility for the
cost of construction and maintenance belongs to the Town.
4) Short and Long Term:
Short term accomplishes goals in approximately ten years.
Long term accomplishes goals over twenty years.
Long term projects become priorities based on changes in need or opportunity (funding,
with another project, etc).
5) For New Development
...if any of the items listed below apply then Planning Board may also require sidewalks on existing roads
to connect into existing sidewalks:
- Children walk to school;
- Current or likely future presence of numerous children in an environment where, in the absence of a
sidewalk, many children can be expected to be present on the road shoulder;
- Bus stop within convenient walking distance;
- If development is Connected to other sidewalks;
- Provides access to trail system or public parks;
- Safety for pedestrians.
6) For Existing Development
...if at least three of the following apply:
a recommendation from the Planning Board and approval from the Town Board is also required
- Convenient walking distance to place of regular public use
-Link existing or planned sidewalks/walkways
- Existing/ planned shoulders inadequate
- Proximate access to public transit
- ROW sufficient, or easement reasonably obtained
- No dead-ends w/o forseeable connection
- Moderate peak hour traffic