HomeMy WebLinkAboutPC Packet 2022-10-20 wNu TOWN OF ITHACA
N E W Y 0 R K
DEPARTMENT OF PLANNING
215 N. Tioga St 14850
607.273.1747
us
............................... ... .......Y............
TOWN OF ITHACA PLANNING COMMITTEE
THURSDAY, OCTOBER 20, 2022 at 3:00 P.M.
Meeting Location: Ithaca Town Hall, 215 N. Tioga Street, Aurora Conference Room
(Enter from the rear entrance of Town Hall, adjacent employee parking lot.)
Members of the public may also join the meeting virtually via Zoom at
jlttps!�//i-i�,sOOwe�b.z,00f�n.i-i,s/�/075�05932�71
AGENDA
1. Persons to be heard.
2. Committee announcements and concerns.
3. Consider approval of September meeting minutes.
4. Consider revised draft of RaNic Golf Club Planned Development Zone (revisions pertain
to Barn Venue use off Warren Road).
5. Consider revised final draft of Inlet Valley Overlay District.
6. Consider revised Solar Law draft amendments.
7. Continue discussion of pedestrian needs/priorities (time permitting).
8. Staff updates and reports.
9. 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.
Town of Ithaca Planning Committee
Thursday, September 15, 2022
(3:00 PM via Zoom)
Draft Minutes
Committee members: Rich DePaolo, Chair; Rod Howe& Margaret Johnson
Board/Staff members: Director of Planning, Susan Ritter; Director of Code Enforcement, Marty
Mosely.
1. Persons to be heard: None
2. Committee announcements and concerns: Margaret noted possible future discussion of the Town
of Ithaca participating in the new Ithaca bikeshare program that the city announced recently. Funds
have been raised and a soft launch with 100 electric bikes is set to take place in early October in the city.
The data from the 2019 Lime Bike program was analyzed and a summary was shared with the Town
Board and Planning Departments.
3. Approval of August meeting minutes: Rich moved; Rod seconded. The August 18, 2022, minutes
were approved with one minor correction.
4. Consider Limited Historic Commercial Zone revised draft amendments: Sue explained that the
draft distributed to the committee for this evening had changes subsequent to the August committee
meeting. 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 was accepted and new edits were shown in
redline. Several modifications to the Use table were made,per the August meeting, and were
highlighted in yellow. An alternative purpose statement(270-142.2. Purpose) was proposed and
accepted by the committee. The draft still contained Susan Brock's comments from earlier(noted as
"Author"), and these have been retained since she has not yet reviewed the previous draft addressing her
comments. Sue also noted that she reached out to the City Historic Preservation Planner to inquire about
the availability of companies or individuals qualified to conduct the poposed necessary professional
site/building assessment, a list was provided with a variety of contacts for services.
Other minor changes incude:
§270-142.3. (3) a 1. Remove "for stabilizing, weather proofing, rodent proofing", end after"deemed
necessary".
§270-142.3. (3) a 3. 3. Landowner consent to enter the grounds for annual or biennial exterior
inspections.
§270-142.3. (3)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 4
them.
§270-142.3. (3) D (1) (a) Capitalize "Compliance"
§270-142.3. (3) D (2) (b) change "revocation" to "dissolution"
§ 270-142.4. Permitted principal uses/use table: All redlined suggestions were accepted by the
committee other than Short-term rental uses: add provision 270-219.7 (d)2 to the list of sections that
do not apply in the LHC overlay. •A principal building may have 1 dwelling unit used for short term
rental use and in the case of two principal buildings, each may have one short-term rental agreement.
This can be removed, falls under E (2) (b) or should be listed as an example.
§ 270-142.9 (A) Hearing and Due Process:
A. First paragraph: Removed duplicate "as not".
A. Second main paragraph: The Town Board will consider the report...by resolution, shall order
dissolution of the limited historical commercial zone, at which time the property will revert to its
underl�n zoi n desi mat n. rc4I'Ki H R:4im:° to miE4eI"1"0HWN The Town
Board shall further direct Orderr-that a notice of the order and of the related upcoming hearing shall be
served on....
§ 270-142.9 B (5) Modify end to the provision: ...the Town Board will dissolve the Limited Historical
Commercial Zone at which time the property will revert to its uncicrlin Y z dcsi nation.
§ 270-142.2. Purpose. New revised text (for consideration-below) option was chosen as follows: 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.
The discussion concluded with the recommendation that the document with committee changes accepted
be forwarded to the Attorney for review and if any significant changes are made, it would come back to
the Planning Committee A cleaned up conceptual document would also be sent to the city Historic
Preservation Planner as well for general comment.
5. Consider Solar Law draft amendments: The same draft of the proposed amendments from the
August meeting was discussed in detail. The focus was to allow for larger scale facilities with sensitivity
for wildlife and agriculture aspects. Sue noted she would forward a good recent article on agrivoltaics to
the committee as well. All changes proposed in blue were approved along with the following changes:
270-219.1 (A)Purpose: delete"and a sustainable quality of life", replace with "and sustainability"
(B) Applicability: not a consensus on the committee to include as a blanket allowed use in all
PDZ's. If the language in the existing ones reference the current solar law, the changes would be
automatically applied as well.
(C) General requirements: (5)revise wording to clarify intent-accessory use on a parcel/use
primarily on the parcel, single out photovoltaic or say "any solar"
(D) (5) if the design elements listed are aesthetic only then not needed if redundant. If
structural or fire/building code related, then keep in-confirm with Codes Director(distance off
roof deck, etc.).
(G)1 (b) add "up to and including"before 7,000 square feet.
(G) 2 (b medium-scale photovoltaic standards) (1) (a) "accessory use" clarify the "on-site"
consumption term with attorney, ensure no community solar intent (net consumer vs net
producer)
(G) 2 (c)(1-a&b) PDZ reference, not all PDZ, look at each zone independently. 2 (d) also has
same reference.
(G) 2 (c) (5) (iii) fencing-incorporate exception into existing fence ordinance for solar
facilities
Full-scale PV standards:
(G) (2) (d) [2] Setbacks-should be based on zone not use, agreed to multi lot facility to be
treated as single lot for applying setbacks
(G) (2) (d) [5] Design standards and measures for protecting agriculture resources:
(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-note
this says Forest so needs to be consistent. 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. Add in/refer back to (b) above, or"but shall in no case result in the clearing of
greater than 20% of mature forest/woods on the project site".
(d) Rich and Sue will discuss the 50%of soil type, look at soil surveys and Town Farm
Plan resource
The discussion concluded with summarizing the need to identify the accessory use language on-site
consumption and soil types as main issues needed before coming back to the committee for additional
review.
6. Continued discussion of pedestrian needs/priorities: Information and text from the 2007
Transportation Pedestrian Corridor Needs Map (Transportation Plan)was distributed to the committee.
The document included the categorization of essential and recommended corridors needing pedestrian
facilities, areas identified since 2007 as needing attention, as well as the prioritization factors and criteria
from the 2007 map. Sidewalks and trails were the focus, with the committee agreeing that bike/multi
modal would be addressed as a separate topic and incorporated into the plan later.
The committee reviewed the essential (needed) corridor category list and eliminated the short segment
on Coddington Road given installation of the Ithaca College internal trail/sidewalk having satisfied the
need. The Warren Road segment between Forest Home Dr. and the CU walkway (towards Hasbrouck)
was discussed and recommended as terminating where the existing/redeveloped town trail starts.
Pleasant Grove Road was mentioned as a corridor to be added as well.
The recommended list was discussed, and the Troy Road corridor segment was eliminated given the low
density in that area. The Coddington Road segment was amended to extend from Juniper Drive to the
back entrance to Ithaca College.
The text from the 2007 map was reviewed, including 1) Factors Favoring Pedestrian Infrastructure.
Member discussed the factors list and considered the definition of pedestrian infrastructure and although
some corridors have a multi-use/multi modal intent, the discussion was specific to sidewalks.
Suggestions to add to the map as factors were "connection to practical destination(store, work,
childcare, general pedestrian generators) or community linked areas".
2) Factors "Against Pedestrian Infrastructure"requested to be revised to "not meeting the criteria on the
other list included" or optionally,just remove this from any future version of the map.
4) Short- and Long-term horizons were amended by changing short term to 5 years rather then 10, and
long term to 5-15 years.
6) For Existing Development, remove "public"
The committee asked for the two categories to be put into a table to be prioritized, ranking the top 3 to
be clearly identified for upcoming funding opportunities (#1 Rt 96 and 2,3 based on financial and other
feasibility/ranking criteria). The revised table/list will continue to be a committee topic.
7. Staff updates and reports: Rod noted upcoming webinars focused on solar development if anyone
wanted the information to attend.
Sue reported the RaNic PDZ needed additional language to clarify/specify the uses on the Warren Road
existing barn property. The document is still in the working phase and the developer may need to come
back to the Planning Committee to clarify the intent of that plan element. The discussion with Cayuga
Heights continues with RaNic as well. Sue also noted a discussion with a developer interested in a
manufactured home park on Seven Mile Drive and also possible interest of the redevelopment/expansion
of the Mirabito gas station in the East Hill Plaza area. Both projects would need zoning
change/alteration and Planning Committee discussion if progression is anticipated. No recent interest for
Cannabis manufacturing or distribution was noted.
8. Next meeting date and upcoming agenda items: Continued review of draft Solar Law amendments,
pedestrian needs/priorities, LHC if necessary.
The Planning Committee meeting concluded at 5:03 pm.
1
TOWN OF ITHACA
LOCAL LAW NO._OF THE YEAR 2022
A LOCAL LAW TO AMEND ZONING CHAPTERS 270 AND 271 OF THE TOWN OF ITHACA
CODE TO PROVIDE A PLANNED DEVELOPMENT ZONE FOR THE RANIC GOLF CLUB
DEVELOPMENT BETWEEN PLEASANT GROVE RD AND WARREN ROAD
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1.Chapter 270 of the Town of Ithaca Code,Article IV,§270-6,entitled"Enumeration of zones"is
amended by adding the following at the end of subdivision A:
"Planned Development Zone No.17-In accordance with and pursuant to Local Law No.
2022[RaNic Golf Club]"
Section 2.Chapter 271 of the Town of Ithaca Code is amended by adding§271-17,entitled"Planned
Development Zone No.17(Limited Mixed Use,RaNic Golf Club)",as follows:
The RaNic Golf Club planned development(PD)zone enables and guides the development of portions of the
RaNic Golf Club property into a compact,walkable,mixed-use community to support the continued operation of
the golf course and preserve the park like open space. This§271-17 uses a form-based zoning approach with
objective yet flexible standards,to provide clarity and certainty about site planning and the resulting built
environment.
Planning for RaNic Golf Club follows traditional neighborhood development(TND)principles. The project
envisions a variety of housing types and building configurations,a clubhouse for neighborhood commercial uses,
hospitality uses including short-term stays,and a small event center. A central local street with pedestrian courts
and an open space network linking to the Community Corners commercial area aim to weave the public realm of
RaNic Golf Club into the fabric of the greater Cayuga Heights village.
RaNic Golf Club is located on a 119.80 acre site with+/-104.46 acres in the Town of Ithaca and +/-15.34 acres in
the Village of Cayuga Heights.The project is next to Cornell University campus and within a 5 minute walk of
Community Corners commercial shopping area.
A transect subzone defines parts of the larger site that will have certain physical and functional characteristics.
There are two transect subzones in the PD site area. Figure 1 is an illustrative example of transect subzone
location and allocation.
1
2
• PD-17-M: RaNic Golf Club medium intensity
This transect subzone is a locale for attached housing,a golf clubhouse,and complementary uses,in a
compact walkable,neighborhood setting.
...........,PD-17-G: RaNic Golf Club golf open space
This transect subzone is a locale for a golf course,related maintenance facilities,and other land that acts
as open space,all in a park-like setting.
• P D2'-1'I-Its:........aY.1.1.�.11.c... �ay....iro .....I.PII.ay
This transect su7zone is Qkocale foru u r of an exi tiaca cultural structure avenue rw... . .... ... .. . 7¢wv�te,
urtia s.,:.srn71(we i inrl ,and similaa.r.....inv€tation only gaathr rin is as wel a .sa.lk6tedl....unu tuber of..overni�[it
,gate...:s t:...a::".;a<.;a a71.4:.
4 PD'd 2 RA 6 If Club VDZ I VHI.p f Cay,,Fp H IF
RBOF NCt Fx t d'.tu0 WII fC H hb
WRO M Ra
'Ainif,NA PD 4t WG CIO turd t s"�tV IO N hu Ithau
I'D 17G RW,G.YF Club p.)f by ,I oa ,n lawn of hhn�:du
PD%-2
7.A'imc
PD41M
°W, ^3,PJ28f
l Can
N
WWI
Figure 1:subzone location and allocation.
Formatted:Don't keep wlth next J
2
4
71 17.3 117nllrimiift d Ilrrjurfindillpalll nind ncaressoiilry pulses
The following table shows permitted uses in each transect subzone,with specific location limitations where
applicable.
P=permitted use. =not allowed.
Use IPD-17-M IPD-17-G IImID-71 .-11 • Formatted Table J
Golf resort uses
Golf course:full P P
An area of land laid out with 18 golf holes(tee,fairway,green,and roughs);and
related ancillary uses,facilities,and open areas(examples:groundskeeping
facilities,shelters,practice areas,driving range). This does not include a
miniature golf course.
Golf clubhouse L P
Facility associated with a golf course that includes any of these visitor or
member-oriented amenities.
• Restaurants,bars,lounges,or concessions.
• Meeting rooms,banquet rooms,or ballrooms.
• On-site services and businesses that serve visitor and member convenience
needs. (Examples:pro shop,gift shop,barber,spa,business center,day care.)
• Other recreational facilities that are typically part of a country club or golf
resort. (Examples:pool,tennis or racquetball courts,fitness center,card room,
locker rooms.)
• Related administrative offices.
Residential uses
Dwelling unit P IP
Definition and applicable rules in§270 apply.
Lodging uses
Hotel P IP
Definition and applicable rules in§270 apply.
Short term rental P
Definition and applicable rules in§270 apply.
Additional uses:temporary
Food truck P P
Definition and applicable rules in§270 apply.
271 '17.4 IINeii 7 T�ar�llr�iar� ��':rslll� un
271-17.4 A.Dwelling units
Number of dwelling units for each transect subzone,and the PD site as a whole,is:
• IPD717-M transect subzone:<28 units',
...,.....,PD-17-G transect subzone: 0 unit s
• PD-17-Vltransect uslrzone I u.anitl
...
Formatted:Font color:Auto
Commented[ND5]:This is the existing farm house should it�
remain a dwelling unit but it could also become 1 of the 8
hotel/lodging units/rooms.
4
5
271-17.4 B.Hotel rooms
Number of hotel rooms is:
0 PD-17-M transect sulazone:kW..rooms) Commented[ND6]:These were the rooms for the stay and
PD-17-G transect sulazone: 0 rooms play area but have been reassigned to the PD-1 7-13 subzone
0 PD-17-13 transect subzone: <8 roorns
. . .....................................................I............................................
271-117.4 C.1131airin Veinue
...........................................................................................................................
I Ba � Ve J c r C,..............................21............O.LHD M�TUIED.6�i SWK EIJI p.evr I an ist p
.................................. an ap-ProvilL.
.(..-.o In d.U.S.I.Q.I.]s..:�
I Must,b o e a e a an i�t -ourse..../ -�arc
..................................2.............e..........Q r 1 d s......................i eq Iff.clubhouse!Le�not as a se� ate sLand adcme_
business.
.2..............The toatwJ nt of the barn venuearea may r i� b e vv I t[i i�i the b a i fo tprint at the tinne this PIDZ becomes
......................................................................................................... ..........y.... ..... y...............................................................................................0.... ...................................................................................................................................................
effective.
3. t a(sg ft)
..................f,.D lxir I Y assently 40to 50..........(.Exanlple: 3S100 square fQ 21 asse! area nb4y c / 3'.�.... ..ca..... ..ity.
D rx.opleh!N fInal nurnbea within t i tr n e..\ .rind......degaend on the m ea avail..a.... .l..e..t...o.r.....o......r.. s.te.......aav I.a I.)d r.)II).e r fa.c.1.2 rs..,
4...
...........>......2.....O......p querr.ey.....maximurn(not ay.e.....r...ag e �.2 per ee k,j? bm� April a ndN r.w........e......r....b.e.....r..5.............>2 Op wnswde a 6 ho.ur en.vehoj.,m�between:
.................. (.D...s.............................................................. ................... ....... ...............................................
sL...........`.,imhy through Thur.0,a y 9:00 AM to 9:00 PM.
L...........Evi a an S t �da 900 AM to 11:00
W
Y............ a UE...........Y......................................................................................P M..
Food and bev&aT d ....................................................
e service�s limited to cate j i and/or I food truc (parke > 15 0'fi n a n L 11) 1 e).
.............................................................................................. .......................................................................................... .. ..... ... ............z
o o.r]site
.7..............M.........u......s....t.......h.....a.....v.....e.........w..n......c....l..o......o.....rtoilets/bath.roo.m.s... ru.. niiig vmk�.r and qt e .fa(-ditiesthat meet I.N..YS.........B.....0..I.I.d.....i.Ing CcAe
ve.wkernews fo� a fall -a ac I y Z 3 g J v.2 I'll C � fi c ewf..2 it Q,.. e ..............on Ij No ojjjdcx-2v portable
............C..Q .1 1
mstmonns or mstroorn traika s.
.........................................................................................................................................
8.............T ej.), in - �-all defined to e.ns.0 e effic. e i pavkki( 12revent damage o rlfoR n1A
. ......h....... ..ark q..ar a rn� tj ep
D h)�s fi in e..............1 s................ H............Y.. ...................i
parkda Q patches and prevent parki Ig_.ove..r[j.m c nto ya Ed and la Indsca p ..D e au eas No overfjowp ont
9. No > 150'fiom an LIDII zone.......... ...
......... ......... ...... Avn..e..n lbe L.2-ain and aVanen I a A ft� Y..ard),
.......................................................................................... ...... . ........................................................................................................................
].a Pau'aL Ina 47D.c s:minimul n.................c apad 2 rnaximum ca acity .5,
.... ......
J I dri e Pmki�g i v way,..and 0 \........................................................................................................................................-a i..�i e d and stabilized turf stabilized fine crushed 6,e aisle sm face nnust be vvelf d
stone or umsw..Y ete No di�tu mud sw faces.
1 Pm king must e scrff,�.rjed frorn.view fironn the pub.C ri ht of.-may usi�i e ist.n ve etation,a Ind shrubs
........... ........................... .. 1�. ......g g g...........9
tha!wi.I.L.w.owforrn a> I tall cn2alu.e al rnatujj.t .
Y
J 3� IN o ou.t d oc..)..r power gene �hfied outdoor entertainment o� s �nn ..rators or amL .................................................................................... ...... PA sy stc: s
J 4�.... A....d.waste,d...u..n.i.pst.e..vs,re c y.c.1i i a ide �Jpne nt kept q..utok ors
1 a ................q ...Must ke..pj i .a.full eened area behind
...n.........................Y so
the frontnnost eIevafion of the barn b Id
....................................................................................................................................................................... ...........1.1.19,
Formatted:List Paragraph
............................................................"I'l""I'll""I'll'll""I'll""I'll",'ll""I'll""I'll",'ll""IlI...............
271-17.4 C.D.Utilities
5
6
Permanent utilities(water,sewer,natural gas[if any],district heating/cooling,electricity,communications,and the
like)must be underground. Short-term utility service for construction activities may be above ground.
A utility easement must be in a location where maintenance or repair work will cause the least disruption. Utility
easement location must not prevent or undermine street tree planting.
571 '17.5 Siiit aiiuiiid IlbuiliillldGioig desiigiuii
271-17.5 A.Site envelope configuration
Site envelopes define building setback lines for building sites. A site envelope is the functional equivalent of an
individual building lot for site planning. It does not imply or enable a current or future subdivision pattern,or
individual ownership.
Site envelope characteristics PD-17-M PD-17-G
Width at front(sidewalk or ROW edge) 14'-170' n/a
Building coverage in site envelope <_60% n/a
271-17.5 B.Building types and disposition
Principal building types,and transect subzone they can be part of,include the following.
Building type Clubhouse/hotel
♦Disposition Townhouse Detached housing building
Illustrative example
I�immn
Definition Principal building(built Freestanding principal Principal building built
individually or as a building for 1 principal specifically for a golf
connected row),with dwelling unit. clubhouse or hotel use.
dwelling units separated
vertically by an interior
party wall or exterior
firewall.
Transect subzone PD-17-M= PD-17-M PD-17-M
Siting
Setback:average,site 5'-16'primary and corner 20'primary and corner n/a
envelope edge side frontage side frontage
Frontage buildout on a >_50%primary frontage <50%primary and corner n/a
block side side frontage
Front fagade and main Must face street or Must face street n/a
entrance orientation common court/green
area
Bulk/massing
6
7
Height 2-2.5 stories 2-2.5 stories 1-3 stories(15'-45'at
frontage)
Gross floor area(GFA) n/a n/a 20,000 ftZ-30,000 ftZ L
Building length:primary • <_35'for area between n/a <_200'
facade vertical party walls(or
structurally independent
equivalent)
•1-3 vertical party walls
(or structurally
independent equivalent)
in row of connected
townhouses/stacked
flats
Occupancy
Dwelling units in building •1 between vertical party 1-2 n/a
walls(or structurally
independent equivalent)
•2-4 for full
townhouse/flat row
Zoning code(or successor code)provisions allowing certain building features to encroach beyond setback or
height limits also apply.
271-17.5 C.Other buildings
An accessory building may be behind a principal building;not to the front or to the side.
271-17.5 D.Building form and design
1.Four-sided design
A building must have consistent material treatment,architectural details,proportions,and colors on all exterior
walls.
2.Accessory structures
A permanent accessory building must have material treatment,architectural details,proportions,and colors that
are consistent or complementary with the principal building.
3.Exterior materials
A. Vinyl siding,and prefabricated and pre-engineered metal buildings,are not allowed. This does not apply to
temporary buildings for construction field offices and similar short-term uses or maintenance sheds,shops,barns
or similar uses.
B. Cladding material on an outside wall may only change at:
• an inside corner;
• a return>_2'from an outside corner;
• a horizontal plane;or
• where a projecting feature like a pilaster vertically divides a facade,and separates the different cladding
areas.
7
8
C. A sill or cap must define horizontal material change from masonry or cement-based materials to another
material.
D. Outside walls with siding must have the following trim.
• Doors and windows:surround >_3.5"wide on all windows and doors.
• Outside corners:T corner board >_3.5"wide on all outside corners,or( mitered edges that align
materials on each wall.
• Roof overhangs and eaves:frieze>_3.5"wide.
4.Window and door area
Elevations of principal buildings must have the following window and door area(building elevation area(not
counting a roof or non-walkout basement)occupied by windows and entry doors(not including garage doors)).
• Front,street facing side,rear:15%-40%on each story.
• Interior side:5%-40%on each story.
S.Attached garages
On the front fa4ade of a housing unit,any wall plane with a garage door or carport entry must be:
• even with or set behind other wall planes of the front fa4ade;and
• <_ 50%of the total front elevation width for the housing unit.
S.Utility and service areas
Rooftop or ground-mounted mechanical equipment,utility areas,and trash enclosure or storage areas,must have
concealment or screening to hide them from view beyond the site envelope. Form of concealment or screening
must be architecturally consistent or integral with the host structure. This does not apply to solar panels.
Wall mounted utility and mechanical equipment,ducts,or related accessories that are visible from must have
opaque screening that is integral with the building's form,to conceal them from T parts of the site that casual
visitors can access(example:parking lots,internal streets,pedestrian passageways),and C2)the public realm.
271-17.5 E.Parking
1.Required parking spaces
The cumulative total of parking for the PD site is as follows.
Use Motor vehicle parking(range) Bicycle parking
>_1 secure or short term space/2.5
Residential:1 bedroom unit 0.5 to 1.25 spaces/unit units
Residential:2 bedroom unit 1 to 1.5 spaces/unit
Residential:3 bedroom unit 1.25 to 1.75spaces/unit
Residential:4 bedroom unit 1.5 to 2 spaces/unit
Non-residential(all uses) 0�5 to 2 spaces/500 ft2 GFA >_1 short-term space/1000 ftZ GFA
2 to 5 spaces/golf course hole
Hotel 0�75 to 1.25 spaces/room
8
9
Parking space count may include dedicated spaces for car/bicycle sharing and charging.
Minimum motor vehicle space size:9'x 18'clear rectangle area for off-street perpendicular,and on-street and off-
street angle;7'x 22'for on-street parallel.
•Secure bicycle space:bicycle locker,dedicated space in a garage,anchored rack space with overhead protection
from the elements,other fully enclosed or secure area.
•Short-term bicycle space:anchored rack space.
On-street parking spaces may count towards required parking.
Two motorcycle parking spaces(each space>_4.25'x 7')may count as one motor vehicle parking space.
2.Off-street parking access and location:residential buildings
For a residential building,any off-street parking must be:
• at the rear or side of the building;
• in a detached garage behind the building(not including buildings that back onto public streets);
• in an attached front or side loading garage(see 271-17.5 D 5);or
• between a building and a street or internal drive,on a driveway directly in front of a garage.
Surface parking areas and shared garage/carport structures must be dispersed through the developed part of the
PD site as much as possible,to reduce visual impact and avoid appearance as a"complex'.
3.Off-street parking lot design
A parking area must not be visually dominant. Building siting,landscaping,or architectural treatment must screen
a parking area(not including an individual driveway)from thoroughfares and residential areas outside of the PD
site. Screening may be shrubs(that grow to form a continuous hedge of>_3'within 3 years of planting),or a wall
(3-4'high).
A parking area must have a sidewalk or paved walkway,to provide pedestrian access from nearby thoroughfares.
4.Parking surfaces
Parking areas must have a fixed impervious or porous surface.
Pavement edge must have clear definition,using curbs or a different durable material. Curbing allowing water
runoff(rollover curb,or barrier curb with gaps)is preferable to curbing that traps stormwater.
S.Landscape area
A parking lot must have>_1 landscaped interior island(>_9'x 18')for every 10 parking spaces.
A row of parking spaces must have a landscape island(or equivalent landscape area)at each end.
A row of parking that is not interrupted by a landscape island must be<_10 spaces long.
A landscape island should function as part of the larger stormwater management system of the PD site.
6.Renewable energy
Any parking space(on-street and off-street,for any type of vehicle)may have an electric vehicle charging station.
Garage or carport parking at a residential unit,and >_20%of off-street parking spaces,must be EV capable,with
electrical panel capacity and conduit installed during construction to support future implementation of Level 2
charging.A solar carport may cover any off-street parking space.
9
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271-17.5 F. Landscaping
1.Tree classes
Street tree refers to trees in a tree lawn or tree well alongside a street,or traffic island.
Canopy tree and short tree refers to trees in yards,courts,landscaping areas,open space areas,and similar areas.
2.Thoroughfare tree lawns
A tree lawn area on a street or internal drive must have>_1 street tree every 20'to 40'along its length,with
average spacing of<_30'along the block length.
A maximum of 25%of street trees on the PD site may be from a single tree species.
3.Off-street parking areas
Off-street surface parking areas must have tree planting,with a combined canopy that will shade>_50%of the
parking area(parking spaces and drive aisles)at maturity. Solar carport coverage area may substitute for tree
canopy area.
A parking lot landscape island must have>_1 canopy tree for every 160 ft'of landscape island area.
4.Other landscape areas
Site envelope areas for residential buildings,and the clubhouse A green,court,or garden(§271-17.4 B 2)must
have>_1 canopy tree for every<_2000 ft'of contiguous open area.
There must be a landscape and visual buffer area following the length of Hanshaw Rd/Pleasant Grove Rd and
along any boundary adjacent to existing residential properties along the PD site. The landscape area must
include:
• >_ 1 canopy tree every 20'to 40'along its length,with average spacing of 30'.
• >_ 1 short tree for every 60'of landscape area length. Planting may be alone or in groups.
•A variety of shrubs and perennial plants that will form a continuous screen of>_3'at maturity along >_50%of
the landscape area length.
For<_50%of all required canopy trees in other landscape areas,2 short trees may substitute for 1 canopy tree.
S.Tree species for required planting
Tree species for required plantings must have these traits.
• Native or adapted to upstate New York(USDA hardiness zone 5a,51b,6a).
• Not invasive(according to the most recent Tompkins County Regional Invasive Species and Worst Invasive
Species lists),or species with known parasites or pathogens including ash and hemlock.
Follow requirements for allowed or prohibited tree species in Town zoning regulations,if applicable.Street tree
species must also have these traits:
• PD-17-MR...PD-17- u and PD-17-G-_R-transect subzone:mature height of>_40'.
• A crown that can grow to shade a sidewalk and street.
• Downward-oriented root system.
• Salt tolerant.
• Not brittle,or prone to dropping heavy fruit.
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11
Canopy tree species must have a mature height of>_40'.
Short tree species must have a mature height of>_20'.
A street tree or canopy tree planting must have a diameter at breast height(DBH)of>_2". A short tree planting
must have a DBH of
6.Other landscaping requirements
Exposed ground surfaces must have groundcover planting or mulch to cover otherwise exposed soil.
271-17.5 G. Fences and walls
Maximum I fence or wall height is 3'in a front setback area,and 6'elsewhere.
Acceptable materials for walls include brick,and natural stone,.
Acceptable materials for fences include wood,composite fencing,wrought iron,or welded wire panels. This does
not apply to deer fencing,snow fencing,and temporary fencing for construction and short-term activities.
Barbed wire,concertina wire,and chain link are not acceptable. This does not apply to temporary fencing for
construction activities.
271-17.5 1.Utility and service areas
1. Service area screening
A dumpster,outdoor compactor,common waste collection or recycling area,or outdoor storage area must be
have screening that conceals it. Screening height must be 6'-8'.
Screening materials must be:
• brick or stone(real or simulated/precast);
• split face block;or
• vinyl(co-extruded, >_0.150"thick).
If the service area is next to or structurally integrated into a building,screening materials may match the building's
cladding.
Gate materials must be T metal; z0 vinyl(co-extruded, >_0.150"thick);or( wood or composite material in a full
steel frame.
Screening and gates>_0.5'above the ground must be 100%opaque.
2. Ground mounted mechanical equipment
Landscape planting,screening or wing walls,or inconspicuous siting must conceal ground mounted mechanical
equipment as much as possible.
Screening and gate materials and opacity requirements are the same as for service areas.
271-17.5 H.Signs
Signs must conform to then-current sign code(or successor code)standards for the following:
• PD-17-M transect subzone:attached signs on storefronts:standards for the NC-Neighborhood
Commercial(or successor)zone
11
12
...........,PD-17-G transect subzone:residential and other uses:standards for the LDR-Low Density Residence(or
successor)zone., Formatted:Font color:Auto
• �PD-1 C.-1B trranse;€:l SUbzone; residential ntiial and otheV USe:;.._rroland;arcds for lire LMIR L,ow..[;��r l� 'u(: R�"'i�de�i�r:r (czr
a€¢G 111111 Z1111e.l Commented[ND16]:It might be desirable to havejust one
simple sign marking the entrance to the barn venue to help
271-17.5 J.Outdoor lighting direct parking but otherwise this can be treated as LDR.Not
sure how to accommodate that.
1.Light output
Photometric performance must conform to then-current outdoor lighting law(or successor code)standards.Color
temperature:<_3000'K
2.Freestanding fixtures/poles
Height:
• Neighborhood primary and neighborhood secondary streets:!06'
• Elsewhere:<_12'
Design and location:
• Pole design should have a distinct base,middle and top.
• Maximum form base/sonotube top is<_4"above grade.
• Poles must not block sidewalks or walkways.
3.Attached fixtures
• Fixture design should be consistent with the architectural style and detailing of the host structure.
• Sconces,gooseneck fixtures,and recessed fixtures are allowed. Wall pack lighting is not acceptable.
71 17.6 Adinflirdstradori
271-17.7 A.Site plan
A final site plan approved by the Planning Board pursuant to Chapter 270/305,Zoning,is required for
development in this PD zone.In addition to the requirements in§270-186,the site plan must show location of
transect subzones(§271-17.2),site envelope location(§271-17.5 A),and storefront frontage areas.
271-17.7 B.Administrative adjustment
Overview and applicability
An administrative adjustment gives relief from a requirement that causes a minor practical difficulty. It is not a
waiver or variance.
Administrative adjustment may vary these requirements.
12
13
• Building setbacks or build-to area:raise or lower minimum or maximum setbacks<_ 10%.
• Lot width:raise or lower minimum or maximum lot width<_5%.
• Frontage occupancy: raise or lower minimum frontage occupancy<_5 percentage points.
• Secondary cladding material(§272-404.3 E):allow on<_ 50%of the cladding area on a wall.
• Window and door area(§272-404.3 H):lower minimum window and door area on a wall <_2 percentage
points.
• Blank walls(§272-404.3 1):increase maximum blank wall length<_5'.
• Dimensional requirements of frontage features(§272-404.2):raise or lower<_5%.
• Dimensional requirements for parking spaces or aisles(§272-503):raise or lower<_5%.
Review and approval criteria
The Planning Director(or their designee)must find the adjustment meets these criteria,where relevant,as the
basis for a decision.
• It responds to a minor practical difficulty from unique conditions of the property.
• It is the minimum needed to relieve the minor practical difficulty.
• It is a suitable or better solution for the site or need,and results in similar or higher quality development
than what would happen by meeting this code.
• It does not affect neighboring lots more than what would happen by meeting this code.
• It does not harm the public realm and pedestrian experience.
• It does not harm public health,safety,or welfare.
• It does not violate other relevant laws.
Process
A.Application/submittal
A property owner,controlling interest,or an agent may ask for an administrative adjustment.
The review and decision period starts when Town staff finds the application is complete.
B.Staff review and decision
The Planning Director(or their designee)is the decision making body for an administrative adjustment.
They may refer an administrative adjustment request to other affected or interested departments for review. The
departments must return comments or recommendations to referring staff within 14 days of referral.
The Planning Director(or their designee)may 0 approve,0 approve with conditions or changes,or(�)deny an
administrative adjustment,within 28 days of starting review. An applicant may appeal the decision to the Zoning
Board of Appeals.
271-17.7 C.Miscellaneous
1.Violations and enforcement
Any violations of the terms of this section shall constitute a violation of the Town of Ithaca Zoning Ordinance and
shall be punishable as set forth in said ordinance and in§268 of the Town Law of the State of New York.Each
week's continued violation shall constitute a separate offense.Notwithstanding the foregoing,the Town reserves
for itself,its agencies and all other persons having an interest,all remedies and rights to enforce the provisions of
13
14
this section,including,without limitation,actions for any injunction or other equitable remedy,or action and
damages,in the event the owners or lessees of the parcels covered by this section fail to comply with any of the
provisions hereof.
If any building or land development activity is installed or conducted in violation of this section,the Code
Enforcement Officer may withhold any building permit,certificate of occupancy,or certificate of compliance,
and/or prevent the occupancy of said building or land.
2.Town Code applicability
Except as otherwise specified in this section,all provisions of the Town of Ithaca Code shall apply to all
development,structures and uses in Planned Development Zone No.15.
771 1I73IIPIII';)airea
Area rezoned.The area encompassed and rezoned in accordance with this section to be Planned Development
Zone No.17 is described below.The Official Zoning Map of the Town of Ithaca is hereby amended by adding such
district at the location described.
Description of Area Rezoned to Planned Development Zone No.17
All that tract or parcels of land situate in the Town of Ithaca,County of Tompkins,State of New York,bounded and
described as follows:
Metes and bounds) Commented[18]:Insert here
Section 3.In the event that any portion of this law is declared invalid by a court of competent jurisdiction,
the validity of the remaining portions shall not be affected by such declaration of invalidity.
Section 4.This local law shall take effect immediately upon its filing with the New York Secretary of State.
771 17. III':')efiiiuniidoins
These words or terms have a special meaning in§271-17 for this PD.
." ¢icultusrAi tructu„srrF�,7 vrFP the fr;r riv7fr 7�¢t.iaas,, t711 wcr�ttiw t, Ind w til,�r Formatted•Font:Bold,Font color:Auto 13�u°Ir�..Ventge reuse of �1:...e i fins act 7........ " �...,
v I t a.t...i o 0-L o rbl..y....gatG r rirb,ts Iitr rTrbirrFs G7eri.a.w r r lt..and rtr.i7..l.�rb a��7wrv1L
Block(context of roads or thoroughfares):area bounded by thoroughfares,or a combination of thoroughfares
and barriers to continued development(examples:public land,waterway).
Court:open space for civic purposes,passive or active recreation,or connectivity within or through the site.
Building frontages spatially define a court.
Frontage:Area between a building facade and a neighboring thoroughfare,court,or internal drive,including built
and vegetated components.
14
15
Pavement,fixed: Durable,fixed surface formed from asphalt,concrete,tightly spaced segmental pavers,and/or
similar durable materials,both pervious and impervious.
Pavement,porous: Durable surface allowing easy passage of water through pores. This includes segmental
pavers,open cell pavers,and similar products;and ribbon/double track driveways with wheel strips of a durable
pavement material. This does not include crushed stone,wood chips,dirt,grass,or other loose or unimproved
surfaces.
Setback,average:average of the setbacks at 10 equally spaced points along a building side or elevation.
15
Inlet Valley overlay district
Revised Draft:October 14,2022
270-171.1 Purpose
The Inlet Valley area has an important role in the regional tourism economy. The overlay district is designed to
achieve the town's vision for economic development in the Inlet Valley through
• encouraging the ongoing establishment and growth of outdoor recreation,tourism and agriculture-culinary
related uses,
• recognizing the importance of existing commercial and light industrial uses,and
• providing a broader mix of residential and other appropriate land uses.
The overlay district aims to preserve and build upon the most appealing aspects of the Inlet Valley's rural and
agricultural character,and enhance the area's appeal as a recreational destination among residents and visitors.
The outcome of development under these provisions will add to the area's tourism and transportation assets,
enhance the synergistic relationship between the area's businesses and attractions,and reinforce its sense of
place.
270-171.2 Overlay zones
The Inlet Valley overlay district includes two overlay zones.
• IV-C:Inlet Valley Center.This overlay zone intends to foster a compact mix of destinations. It is centered
generally around the existing light industrial,neighborhood commercial and planned development zones.
• IV-T Inlet Valley Transition. This overlay zone provides a transition from the IV-C overlay zone to
surrounding lower density residential and agricultural zones.
270-171.3 Overview
A. How the overlay district works
The Inlet Valley overlay district is superimposed on underlying(base)zones. The overlay district identifies
requirements that apply in addition to(or instead of)those in the base zone. This includes requirements for:
• Lot area(270-171.4)
• Area,mass,bulk,and siting of structures(270-171.4,270-171.6)
• Permitted uses(270.171.5)
• Physical design(270.171.6),including
o Architectural design.
o General site planning.
o Pedestrian and vehicle circulation
o Parking and service area location and design.
o Landscaping,screening,site lighting,and pedestrian amenities.
o Signs.
Regulations for the overlay zone apply if overlay and base zone regulations conflict.
B. Review process
Uses and development projects in the Inlet Valley overlay district must follow the review and approval procedures
in Article XXIII Site Plan Review and Approval Procedures,NM§270-1844 "' /7y i � �� .
270-171.4 Area, bulk, and lot coverage
Area and bulk requirements for(1)non-agricultural/residential sites and uses,and(2)sites and uses with both
residential and non-agricultural/residential uses,are in the following table.
Area and bulk requirements in the base zone apply to agricultural and residential sites and lusesl, Commented[SBI]:What about mixed
Area and bulk requirements:non-agricultural/noin-residential (residential and non-residential)uses?
Commented[DT2 R1
Front/street Building Lot building Lot S
Overlay zone Lot size fronting side Interior side Rear setback height coverage landscape 0
setback setback (max)** (max) open area
�coveragel Commented[D T 4-R 1- Change------from-- June 22 still
Iv_C 2!30,000,2 2!30' 20' 40' 40' 30% 30% applies. The Table title is"Non-agricultural/
IV-T 2!30,000,2 2!40' 40' 50' 38' 20% 50% residential",which means"other nonresidential
uses besides agricultural".
Exceptions for yard encroachments in§270-224 apply.
...............................
Building height is the vertical distance from the average ground level of the building to the highest rooffine Commented[SB5]:Explain what"lot
point. Building height does not include chimneys,steeples,cupolas,parapet or equipment screening structures, landscape/open area"means
solar panels,stair enclosures,rooftop patios,antennas,or other similar features that project above the rooffine. Commented[DT6R5]:See note at the end of the
Maximum height requirements do not apply to buildings and other structures used for agriculture. table.
Remaining lot area outside the footprint of all buildings and structures;parking areas and driveways/drive Commented
aisles;:CXA..doo4storage;service and utility areas;decks,patios and pads;and similar areas.
270-171.5 Permitted uses
A. Permitted uses in general
Permitted uses and structures in the Inlet Valley overlay zones are in the following tables. These tables supersede Commented[DT8R5]:These features are already
addressed in the triple-asterisk note("outside the
lists of permitted principal and accessory uses in the base zones.
footprint of all buildings and structures;parking
AV symbol in a column means the overlay zone allows the base zone use. areas and driveways/drive aisles;outdoor
storage;service and utility areas;decks,patios
A-symbol means the overlay zone does not allow the base zone use. and pads;and similar areas). They do not count
as open area coverage.
A Os symbol identifies uses that need special permit approval by the Planning Board. (See Chapter 270 Article
XXIV:Special Permits and Special Approvals.) Special permit approval criteria in Chapter 270 apply. The Planning Commented[DT9]:Plain English alternative to
or.�tecl ID -Plain English
Board may impose reasonable conditions on a use,as part of its findings during special permit review. [�extemrior".
If a use is not in any of these tables,the overlay zone does not allow the use,even if the base zone normally
allows it.
If a use in the following tables does not have a definition,the definition for that use elsewhere in Chapter 270(if
any)applies,
Uses are mutually exclusive. A use with a broader scope does not include a more specific use type that the table
also lists or describes,unless provisions in this section note otherwise.
2022-07 1 2
These provisions consider each principal use as if it stands alone,even if that use is functionally integrated with
other defined uses. (Example:if a place of worship has an elementary school,overlay provisions consider the
place of worship and school as separate uses.)
B. Agricultural principal uses
Agricultural and ag ritou rism-related uses that a base zone allows are also allowed in the same zone in the Inlet
Valley overlay district,under the same conditions and limitations,unless provisions in this section note otherwise
C. Residential principal uses
Residential uses that a base zone allows are also allowed in the same zone in the Inlet Valley overlay district,under
the same conditions and limitations,unless provisions in this section note otherwise,
F.ksp4p N4w4k_sta-rad€L! i
4 42., k.->kR 44.Y LDR-z(.a14C-4 ay haVP-,.4 144,&4.4nq-(.44-4y
4 f IEAV4c,c� H&e F,G7 o�r rn t4f.y
Commented[DT10]:This is an exception to
D. Lodging principal uses IV-C overlay IV-T Zoning Code 270-226,which reads:
V= permitted use use not allowed needs special permit approval overlay "More than one building on a lot. Other than in a
Multiple Residence Zone,there shall not be more
LDR I INC I LI AG I LDR than one principal building on any lot in any
1)Bed-and-breakfast residential zone(the term"residential zone"for the
(See definition in§270-5). purposes of this section means Low Density,
Conditions:
Lakefront,Medium Density,High Density,and
- Requirements for the use in the base zone apply. Multiple Residential Zones and Conservation
Zones). When there is more than one principal
2)Hotel/motel
building on a lot in any nonresidential zone or in a
Facility with > 6 guest rooms for overnight stays by paying guests.
Multiple Residence Zone,the space between such
Conditions:
buildings must be at least equal to the sum of the
Requirements for the use in the base zone apply.
side yards,or the sum of the rear and the front
Rooms:<_ 60 guest rooms.
yards,as the case may be,calculated as if each
building was located on its own individual lot in
such zone."
E. Commercial principal uses IV-C overlay IV-T Would amending 270-226 to add an exception for
permitted use use not allowed needs special permit approval overlay the IV overlay be a more elegant solution?
..........................................................................................................................................................................................................................
-----------------------
Commented[SB11R10]
NN,
I IN r
1)Adult entertainment business
-----------------------------11-11--ll-"--"-"--11-11--ll-"--"-"--,1-11--l'-"--11-11--ll-"--"-"--,1-11--l'-"--"-"--"-11--ll-"--"-"--"-11--l'-"--,1-11--l'-"--"-"--"-11--ll-"--"-"--"-11--l'-"--""""",'ll""I'll,'ll""I'll""I-I
LDR IN C LI AG LDR
(See definition in Town Code Chapter 700:Adult Uses.)
Conditions: Commented[IDT121110]:270-22 i will now apply,
-Must meet all applicable requirements of§270-145,including location criteria.
based on discussion at an internal staff meeting
2)Day care center I ✓ V ✓(0)1 V on 10-14.
Any of these services to unrelated children or adults in a protective setting.
-Child day care(78 NYCRR Subpart 478-7),small day care(78 NYCRR Subpart 478-
2),school-aged child core(78 NYCRR Part 474).
-Adult day health care(70 NYCRR Port 425),social adult day care(9 NYCRR
§6654.20).
2022-07 1 3
E. Commercial principal uses lV-C overlay lV-T
V= permitted use use not allowed needs special permit approval overlay
|
. Indoor4)Personal services:health/fitness '/(i�)1 1
__-_- _- t.— _—_-_-'.'~--.__—_ --_-_
(Examples:health Ifitness club,gymnasium,cycling circuit training studio,personal
trainer,yoga studio,day spa,martial arts studio.)
- Gross floor area: S,000"in the IV-C overlay,and 2,SOO,2 in the lV-T overlay
5)Professional office .1
Professional,administrative,clerical,outpatient medical or allied health care,design,
or technical service.Includes government offices.
Preparing or serving meals or drinks to customers onsite or delivery oftsite.
Must not have a drive-through window.
7)Retail and service:general
Sole or rental ofo physicolproduct to the public,orproviding a service to customers
onsite. It does NOT include display,sale,lease,rental,servicing,repair,cleaning,
fueling,or modification of-
&Motor vehicles,trailers,motorcycles,powersports equipment,recreational
vehicles,utility vehicles,or similar items;or related ports or accessories.
&Home spos,hot tubs,saunas,or swimming pools.
&Bulk or loose lumber,bricks,cladding,mulch,soil,grovel,and similar raw or
finished materials.
&Movable or pre-fabricated buildings,sheds,gazebos,decks,or other structures.
&Equipment or machinery designed to be towed by a vehicle.
&Light and heavy construction,earthmoving,or demolition equipment.
&Air compressors,generators,mobile pumps,or similar items.
&Accessories related to the items above.
It also does NOT include
&Trade uses(examples:HVAC or plumbing service,machine shop).
&Wholesale businesses not catering to the public.
&Vending machines,automated teller machines,unattended sales,or Storage as
a principal use.
&Businesses where>20%of the use area is outdoors or not in a fully enclosed
/ ~~ Commented[DT1 3]:See comments for(8)
E. Commercial principal uses IV-C overlay IV-T Commented[DT17]:With changes to(7)above,
✓= permitted use •= use not allowed (s)= needs special permit approval overlay this will be redundant. Keeping the specific small
LDR NC LI ACC I LDR scale commercial use"category as a permitted
8)Small scale commercial ✓ o.� •.� � /(s� J J use in the IV-C overlay could create conflicts with
Specific retail or service use that help shape and reinforce the Comprehensive Plan's retail and service-general use category,which by
vision for the Inlet Valley area. These uses are: default includes the more specific uses here.
• Arts and crafts studio. Commented[DT14]:Clarification that a small
• Industrial arts studio,where people make art or artisanat products by hand,'using scale commercial use is an exception to the rule
handheld or tabletop/benchtop tools,or similar small footprint machine tools or 3d that"Uses are mutually exclusive. A use with a
printers;and display and sell it onsite.(Examples:metal and wood sculptures,glass broader scope does not include a more specific
blowing,ceramics. Machine shops,and uses related to building or mechanical trades, use type that the table also lists or describes
Commented[5815R14]:
are NOT industrial arts studios.
• Outdoor outfitting,sporting goods ski,and/or bicycle safes or rental �
• Restaurant,cafe,or bakery,with no drivethrough or walk up window service,and
no 9 permanent outdoor seating area.
p
(Note:the IV C overlay allows these uses under the restaurant/cafe/bar or retail
and service:general categories.)
Conditions: Commented[DT16R14]:See changes to(7) �
• A lot may have only one small scale commercial use. above
• Gross floor area: <_ 1,500".
• Off-street parking spaces: <_8. i Commented[SB18]:Not sure if this is legal as
• Outdoor service and storage areas related to the use: <_500'z. Siting and stated. Sue said this is intended for historic
structures perhapsallow this use in a floating
screening must comply with 270 171.E J LHCZ(sot ere would be an LHCZ overlay n the
h uld la o
At xrvu c }e wN u.s .._( c (/)7pa v )ar cku.ed u.ex r �wc, ...a s i Inlet Valley overlay)
- - - Commented[DT19R18]:See
9)Retail plant nursery ✓Cs ✓ ✓ ✓ ✓Cs https://ecode360.com/32180948#32180948 for
Detail sate of plants,and related home garden equipment supplies and accessories,to an example.
the general public.
10 Retreat/event venue ✓C5� ✓( ✓C� ✓(s>�" ✓Csa't: "The rural event venue shall be only located in an
Use of land and designated structures for gatherings or events(examples:wedding, event structure as that term is defined in§108-
private party,fundraiser event,training event,conference reception). 2.2 and shall be accessory to a principal use
Conditions. otherwise allowed in the applicable zoning
Indoor event space gross floor area: <_6,000". district."
This use needs site plan and special permit review. (Site plan and special permit
eview are not needed for each event.) "EVENT STRUCTURE A preexisting agricultural
In the IV-T overlay zone,this use is allowed only in a building that is listed or barn or other similar agricultural building or oth
eligible for listing in a national or state registry of historical building th{aa is Commented[5132oR18]:
Ro�dce:1 rr� �E<:crYr Pr€r<tE:r@€rr¢ tl�w use,...on a lot with frontage and access on Elmira
11) Winery/distillery/brewery/cidery /(s)' ✓Cs) ✓C) ✓(s)
Winery,distillery,brewery,or cidery,sates of product made onsite,and related tasting
rooms.
Conditions: Commented[DT21 R18]:See edits.
Gross floor area;...,5 10,000'2.
This provision regulates a use(retreat/event
venue--"this use is allowed only in a building
") not necessarily a building("a pre-existing
agricultural barn..."). The nature of the provisi
2022-07 ( 5
F. Industrial and semi-industrial principal uses IV-C overlay IV-T
V= permitted use use not allowed needs special permit approval overlay
LDR NC LI AG I LDR
1)Industrial use:low impact
Manufacture mostly from previously prepared materials,preparation,processing,or
repair of products for distribution or sole;with no detectible offsite impacts.
Conditions:
Gross floor area::� S,000".
Gross floor area may be 5,000"to 1 S,000"with special permit approval.
G.Civic principal uses IV-C overlay IV-T
V= permitted use use not allowed needs special permit approval overlay
L 1 1 t
DR NC LI AG I LDR
1)Community workshop
Facility for people to learn,experiment,invent,or make things using shared tools and
resources,in a collaborative setting.(Examples:makerspace,hockerspace,community
kitchen.)
Conditions:
- Gross floor area: 10,000".
2)Cultural facility
Facility for display,performance,or enjoyment of heritage,history,arts,or sciences.
(Examples:museum,gallery,library,visitor center, arts performance venue by a
public or private entity.)
Conditions:
Gross floor area::� 10,000,2.
In the NC and LI zone in the IV-C overlay,gross floor area may be 10,000,2 t
0
20,000,2 with special permit approval.
3)Farmer's market V(0)
Retail marketplace,mostly under an unenclosed structure,where merchants sell their
products directly to consumers.It does not include grocery or convenience stores,or
resellers.
Conditions:
-Needs special permit and site plan review approval by the Planning Board.
4)Gallery:specialty vintage
V(0)
Museum open to the general public,displaying a collection of antique or vintage
items,including form equipment,tractors,cars,boats,bicycles,steam engines,
textiles,glassware,wines,or similar items of interest.
Conditions:
Gross floor area::�2 0,000,2
May include sales or restoration/repair of showcased items only as an ancillary
use.
Outdoor display and storage area of collection items: <200".
&This use doesn't allow uses that are expressly not allowed as a"Retail and
service:general"use in the commercial principal use category(table E).
2022-07 1 6
G.Civic principal uses IV-C overlay IV-T
V= permitted use use not allowed needs special permit approval overlay
LDR NC Ll AG I LDR
5)Park,playground,community garden
Land used for a pork,playground,community garden,garden plots,a nature
preserve,or a similar purpose.
6)Place of assembly V
Facility used for publicIresident 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.)
7)Private club lodge
Facility of a 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.)
8)Public safety I(*I V(s)
Police or fire station,ambulance service,or other public safety service
10)School:primary/secondary
NYS recognized school for primary or secondary(K-72)education.
H. Utility and communication uses IV-C overlay IV-T
V= permitted use use not allowed needs special permit approval overlay
L 1 1 1
DR NC Ll AG LDR
1)Solar energy system(as a principal use)
(See§270-279.7)
2)Utility:municipal or public
Facility for collecting,processing,or distributing a public utility commodity.
(Examples:electrical substation,water tank and pumps,lift station,telephone switch.)
Conditions:
Landscaping requirernents in§270-171.6 E also apply to utility facilities.
A utility facility that is not in an enclosed building(exarnple:open air electrical
substation)rnust meet these requirements.
Siting rnust be as unnoticeable from the public realm and residential uses as
possible.
Screening:
Height:tall enough to conceal the equipment,up to 12'.
Materials�brick or stone(real or si rnu I ated/p recast);split face block.
Opacity:wall 100%opaque,gates 2!75%opaque.
3)Wind energy facility,small(as a principal use)
(See§270-279.7)
2022-07 7
H. Utility and communication uses IV-C overlay IV-T
✓= permitted use •= use not allowed Cs)= needs special permit approval overlay
LDR NC LI AG : LDR Commented[5822]:"Personal wireless service"is
defined by the Telecommunications Act of 1996,
4)Wireless facility ✓ ✓ ✓ ✓ ✓ so we should use that phrase
Equipment,structures,and site or designated area used to transmit or relay
commercial or broadcast wireless services.(Examples:personal wireless service fixed ! Commented[DT23R22]:Use the phrase in what
T
wireless Internet,broadcast or television transmitter and antenna.) — i— context?
Conditions:
Zoning Code review process and requirements for !�i;;'F; � There's other local radio based services aside
� � /��� apply. from"personal wireless service"that aren't facilities in §270-219 a defined in the 1996 Telecommunications Act.
Mesh networks covering a large area,land mobile
radio,etc.
Commented[5824R22].
J. Accessory uses-and s e...purpose stfurtulres IV-C overlay IV-T 1/1
//✓= permitted use use not allowed CS)= needs special permit approval overlay LDR; NC LI AG LDR ,.. ... ':', ,. ... ;..,!.,..,'1....
1)Antenna:radio hobbyist ✓ ✓ ✓ ✓ ✓ Commented[DT25R22]:The geography of the
Outdoor antenna,and tower or supporting structure(if any),for amateur radio or Inlet Valley makes the area a poor location for any
other radio hobby use. kind of broadcasting antenna. Broadcasting
Conditions: antennas are almost always located at higher
Requirements for amateur radio facilities in the base zone(§270-219.3)apply. elevations,not in valleys.
2)Day care:home ✓ ✓ ✓ While a radio or RV station translator may locate
Group family day care(78 NYCRR Part 476)or family day care(18 NYCRR Part 477) n a valley,their antennas are usually mounted
n a protective setting,in a dwelling unit much lower,because of their limited power.
Conditions: The potential listening or viewing audience of a
• Ownership:The operator must live in the dwelling unit as their primary home. broadcast translator in the Inlet Valley is very
3)Donation collection box • small. Having specific provisions for TV and radio
Outdoor container for collecting donations of clothes and nonperishable items. towers(even though it's part of the definition)
isn't really necessary.
✓�7//i/�/lr/�/d!i/%liiii/i////�
4 Home occupation ✓ • ✓ ✓ Commented[5826] y
Business activity subordinate to a residential use in a dwelling unit. ON
� vg
Conditions:
Requirements for a home occupation in the base zone(§270-219.2)apply.
_
FS)Outdoor entertainment - v Commented[DT27R26]
Performing arts event or activity that takes place in the open,outside of the enclosed :Changed
structure That has the principal use. Commented[DT28]:There wasn't any discussion
Conditions: about appropriate zones for outdoor
Outdoor entertainment must be subordinate and incidental to the principal use. entertainment. The Planning Committee may
Mu f cormur>Iy ru'ut a I ue'I'a;wn ina°fs Oaw(�;Ioag:deu 11] )_ want to consider this.
Time:Outdoor entertainment may take place only between 12:00 AM-PM...and Commented 58291128:
9:00 PM on Sunda through Thursday,and 12:00 PM to 11:00 PM on Friday and
Y g Y Y I � ,>..�: ���i��� J
Saturday.
Commented[DT3011128]:Extensive discussion at
the last meeting where we discussed the IVO.
Deleting notes;otherwise leaving as-is to reflect
changes agreed upon by the Planning Committee
2022-07 1 8
J. Accessory uses-and-s` e purpose sturu'rUv^es IV-C overlay IV-T
✓= permitted use •= use not allowed (s)= needs special permit approval overlay
LDR I NC I LI AG I LDR
Re ca "c 'As)1✓s) Commented[Il This is redundant. A retreat
4;9P-or -Urrrp -P'4g 90tlaa44WIs s e. as ¢ixxaae pfw"ter J4H4 /event venue use is allowed as a principal use.
r av 'Ce.-pa a B�is kr... arC Y' rya r++_q u.+.v.=.ra' c afe.aaxa¢ s s:a ks� - This means it can also be an accessory use in the
C+iditkota<,. zones allowing it as a principal use.
h)d+x)r v«rt... k a kl a:..aae a P:4,+s"> 4r€X!Q W=A
Co mented[Sf332R31]
w as o=wJ s F y pV'mv a :...sF f'+ka a +af� r rra '� �t- %�i�iiM�i� nt rti r,earl ..:/'. .
6)Roadside stand ✓ ✓ ✓ ✓ I ✓ Commented[DT33R31]:This is the approach I
Sale of produce or value added form or food products(NYAGM§282.2),largely took at previous jabs where part of my work
outdoors,in a form setting. included zoning code administration.
Conditions:
A roadside stand may be an accessory use only to a working farm.
The majority of the products sold at a roadside stand must be from(or derived
from products from)the farm at the stand location.
Roadside stand setback from public right of way:>30'.
Parking at a roadside stand must allow safe vehicle access. A 4pw-iroadsidel stand _ Commented[SR34]
must meet parking and vehicle circulation requirements of this section §270-171.6 ��i����/��p0��i�io//! O
• Total footprint of structures for a farm stanc9: <_ 500"in the LDR,NC,and LI
Commented[DT35R34]:"New"means"new",
zones, <_3000'in AG zone. according to the plain and ordinary meaning of
7)Solar energy system ✓ ✓ ✓ ✓ ✓ the word. "not existing before"or"having
(See§270-219.1) recently come into existence". Will remove the
Conditions. word"new",because it's really redundant;existing
Requirements for solar energy systems as an accessory use in the base zone roadside stands are(legally,we hope)
(§270-219.1)apply. nonconforming,while new stands must comply
11 Wind energyfacility,small ✓(s) ✓(s J(s J 5 J(s with these regs.
(See§270-219.4) Commented[DT36]:Requirements in the rest of
Conditions: the zoning code will apply with this change.
•Requirements for small wind energy facilites as an accessory use in the base zone (NNC restricts freestanding solar panel height to
(§270-219.4)apply. 12',because the maximum height in the zoning
code(25')could allow panels that are taller than
many houses. Solar regs may be changed to limit
height to 20'.
A.Intent
Design standards and guidelines promote these aims.
• A distinct identity and sense of place for the Inlet Valley corridor.
• Ecological and aesthetic qualities of the area.
• Development in the context of a verdant,semi-rural setting by two state parks.
• Creative yet context-sensitive architectural design and site planning
• Building for the long term,with design that imparts human scale,visual harmony,and permanence.
2022-07 1 9
• Use of building materials that are durable,natural,traditional,and sustainable.
• A comfortable relationship between people,and the surrounding built and natural environment.
B. Applicability
NM.).................................................................................t I I ................
de rn E nt a rA L�2�8L� d for a iodging ornmerciaI irKh.�srriaV and rovements on a io t rc eve oRe— —c—
seni� jnchusrrW or clvlc use(after the effective_oatec)f the�inlet W�)HeOver�la ).,.,must meet the requirements of this Commented[DT37]:This change reflects SB
section.
C. Guidelines vs requirements
Some design provisions are recommendations,while others are requirements. The term"should"expresses a
recommended guideline. "Must"expresses a requirement or duty. "May"expresses permission. "May"with a
number expresses permission to a limit.
D. Building design
(1) Style neutrality
These architectural design standards are style neutral. They establish a design language of appropriate forms and
materials for the Inlet Valley overlay district.
(2) Elevation and wall form
All building elevations must have a distinct base,middle,and top.
Scale,proportions,massing,articulation,and design features of street and public facing elevations should
enhance the pedestrian and vehicular experience,and emphasize human scale.
(3) Wall articulation
An elevation 2!100'long must have wall plane projections or recesses with a depth of>S%of the facade length,
extending 2!20%of the facade length. (Example:100'long elevation, ��20'of its length must be set> S'back or
forward from the main facade plane.)
An elevation must not have a blank,uninterrupted length of>25'without having 2!2 of these features on each
story:
• >0.5'change in plane.
• change in texture or masonry pattern.
• 15,2 window area.
• door opening.
• other equivalent element(s)that visually divides the wall into human scale proportions.
Side or rear walls may have false windows and door openings defined by frames,sills and lintels,or similarly
proportioned modulations,only when actual doors and windows are not possible because of the building use.
(4) Consistent design on visible elevations
Elevations on a building that are visible from or facing a street must have a similar style and quality of materials,
windows,doors,trim,decorative moldings,and wall articulation.
2022-07 1 10
(5) Building construction
A principal or accessory building fronting on Elmira Road(NY 13),Floral Avenue(NY 13A),Seven Mile Drive,or
Calkins Road,must not be a prefabricated or pre-engineered metal structure.
(6) Roof:form
Buildings visible from the street should have a sloping roof.
Sloping primary rooflines(not including dormers,entry canopies,or similar accessory elements)must have a roof
pitch between 5:12 and 12:12.
Sloping roofs must have eaves that overhang walls by (perpendicular distance).
Roof forms must correspond to building elements and functions such as entrances,arcades,and porches. Roof
forms should relate to other buildings on the same lot. A building may have fake dormers,gables,or other roof
projections only to hide mechanical or telecommunications equipment.
Continuous plane of any roof line must be 5 100'long.
Roofline orientation should accommodate solar panels with southern exposure that are parallel to the roofline
slope.
(7) Roof materials
These materials are allowed for a sloping roof.
• Architectural shingles:multi-tone.
• Wood shakes or shingles.
• Slate shingles:natural or synthetic.
• Standing seam metal or copper roofing.
• Copper or colored anodized metal roof flashing.
• Solar shingles.
(8) Cladding materials
Primary cladding materials: One or more of these materials must cover 60%to 100%of cladding area on any
outside wall. An asterisk* identifies materials that are most appropriate for the Inlet Valley corridor.
• Brick:individual bricks,veneer,or masonry panels;integral color;nominal size��3 units/ft'(utility size or
smaller).
• *Stone:individual stone,veneer,or masonry panels;natural or manufactured.
• *Clapboard/lap siding:stained painted wood,fiber cement,composite.
• *Shingle/shake siding:stained painted wood,fiber cement,composite.
• * Board and batten siding:stained/painted wood,fiber cement,composite.
Secondary cladding materials:0%to 40%of the cladding area on any outside wall may use one or a combination
of these materials.
• Metal architectural wall panels.
• Corrugated or standing seam metal:made for architectural use.
• Precast masonry,ceramic,or cement based trim and cornice features.
• Precast concrete panels.
• Concrete masonry units(CIVI integral dye or pigment color(not"natural gray"or"cinder block"with no
integral color);decorative,textured,or split face.
• Stucco.
2022-07 1 11
• Logs(wood)or log siding(wood,fiber cement).
• Shingle/shake siding:vinyl.
• Board and batten siding:vinyl.
(9) Cladding material and building color in general
Cladding must have a matte or non-reflective finish.
Building colors must be from a palette of natural earth tones,clesaturated colors,white,or shades of gray,that
complement natural surroundings. Colors with higher saturation or chroma may only be used on building trim
and accents. Buildings must not have fluorescent colors.
If a building elevation has multiple fa4ade materials or colors,one or two materials should set a dominant
architectural theme,and others used more sparingly as accents. A building must not have a color scheme with
random distribution,a chaotic arrangement of contrasting materials or colors(based on established concepts of
color theory and visual harmony),or patterns of contrasting stripes or geometric shapes. Commented[DT38]:Planning Committee
(10) Change of cladding or color on an outside wall preferred a more discretionary approach to
permitted building colors,rather than using
Cladding material or color on an outside wall may only change: defined color ranges in a color system.
• at an inside corner,
• at a return > 2'from an outside corner,
• at a horizontal plane;or
• where a projecting feature or pilaster vertically divides a facade,and separates the different cladding areas.
A sill,cap,or�� S"high trim border must define material changes on a horizontal plane.
(11) Trim
Outside walls with siding must have the following trim.
• Doors and windows:surround > 35'wide
• Outside corners:Ct)corner board > 3.5"wide,or(z)mitered edges that align materials on each wall.
• Roof overhangs and eaves:frieze> 3.5"wide.
(12) Window and door area
Elevations of a principal building(not including garage doors or bays)must have the following window and door
opening area(glazing):
• Front,street fronting side,and public area-facing elevations:15%-40%on each story
• Interior side elevations: 10%-40%on each story. Where internal arrangement or use of a non-residential
building makes it impossible to provide windows or doors along part of a wall,a fake window may substitute
for<_ SO%of required transparent areas.
(13) Window and door design
Windows on a building must be relatively consistent in height and design,and consistent ki de.2jgn with doors on
streef facing ta.ca�es 44�# .4sk.,��dee4s,to create a cohesive hay rn o�i i ou s fenestration pattern.
........ ... Commented[SB39]:
,"'Iffifi#1 --------------------------------------
Windows and doors should have a vertical orientation. Large display windows with a horizontal orientation [Commented[DT401139]:Reworded.
should be divided into smaller vertical units or elements.
Window and door openings on a masonry clad wall should have a decorative or functional lintel above the
opening,that looks like it carries the weight above.
2022-07 1 12
A building must not have a storefront curtain wall system. A window curtain wall unit may only be on an interior
side or rear elevation.
Windows and doors must be recessed into a wall. Buildings must not have flush or surface mounted windows.
This does not apply to storm windows or doors.
(14) Building entrance orientation and design
A principal commercial or industrial building,and 2!2S%of the tenant spaces in a multi-tenant commercial or
industrial building,,must have a public entrance with > 1 of these features.
• Vertically defined bay with different cladding or fenestration than other bays.
• Integral turret,peaked roof form,tower,or(at a corner entrance)a chamfered edge.
• Architecturally integral vestibule with> 64 2 GFA,projecting 2! 3'from the building wall
• Architecturally integral roof,portico,or porte-cochere that covers��64 2,with support columns> 10"wide
• Architecturally integrated porch or landing with�� 64 2 of floor area.
The main public entry of a principal building with street frontage must face that street. A building with one
occupant or tenant sited at an intersection of two streets must face the busiest street.
(15) Formula architecture
A building or structure must not have standardized nonfunctional elements that:
• inherently associates the overall building design with a specific brand,business,chain,or corporation;or
•
functionF,as an integral sign,regardless of whether it has or doesn't have words or logos.
(16) Rooftop and building mounted equipment
Rooftop utility,HVAC,and mechanical equipment,ducts,or related elements must have screening of the same
height or higher,to hide them from view. Screening must be(1)opaque,and C�)integral with the building form.
(Examples:roof well,parapet wall,fake dormer,purpose-built screen or enclosure matching building colors and
materials.) A plumbing or exhaust vent,pipe,or flue that penetrates a roof must match the roof color.
Wall mounted utility,HVAC,and mechanical equipment,ducts,or related elements may only be on an interior side
or rear elevation,with siting or screening that hides those features from the street and neighboring lots as much
as possible.
E. Landscaping
(1) Groundcover
Unsurfaced areas(surfaces with no buildings,structures,or pavement)on a developed lot must have maintained
groundcover,with one or more of these features.
• Turf or ornamental grass.
• Perennial groundcover plants.
• Planting beds for trees,shrubs,and flowers,with a base of mulch,granular stone,or similar nonliving material.
• Pond or water feature.
These areas do not need maintained groundcover.
• Farm field or pasture.
• Stream setback area.
• Natural feature that normally lacks vegetation,or where maintenance is impractical.(Example:steep slope
area,rock outcrop.)
2022-07 1 13
(2) Tree preservation Commented[DT41]:Concept based on staff
Mature native and adapted trees should be kept and incorporated into the site where possible. discussion.
(3) Foundation planting Commented[SI134211141]:041 NOW
A new building or addition to an existing building must have foundation planting beds parallel to the full length Commented[DT4
3R41]:See edits.
of the front,street fronting side,and interior side elevations(not including building entrances and doors,and
perpendicular walkways and garage door entries). Commented[DT44]:Considering the varying
ages,sizes,and placements of existing buildings
Foundation planting area width must be: and parking lots in the Inlet Valley area now,it's
• �� 5'next to building walls with a ��20'eave height. nearly impossible to have regulations that avoid
creating nonconformities,without making those
• > 10'next to building walls with a > 20'eave height.
situations(parking with no internal landscaping,
A foundation planting area must include> I shrub with a potential> 3'mature height for every 2 S,2 of planting continuous curb cuts,parking in front where
area. (A tree with a potential >8'mature height may substitute for a required shrub.) Shrubs may have regular side/rear parking is otherwise viable,unpaved
spacing,or be clustered in more naturalistic groups. parking for more intensive uses,etc.)the norm,or
locking the nonconformity in place forever
Is an alternative to foundation planting,the area next to a building may be in the form of a functional pedestrian despite any future changes to the site.
plaza,with landscape planters or beds,modular pavers,art,fountains or water features,benches and tables,
pergolas or arbors,life-sized games,small performance spaces,or other amenities,that meet the intent of these Adding"new"to every parking provision is
unnecessary,because it's already implied in B-
standards according to4,Pkr4n4f f-the Planning Board I t4e, applicability. Also,typical zoning administration
(4) Parking lot landscaping assumes that nonconforming situations may
Requirements for parking lot internal and perimeter landscaping are in the next subsection(F:parking and vehicle continue until changes on the site affect them.
circulation). Such wording could be interpreted to mean that
nonconforming parking would never have to
�F. Parking and vehicle circulation] comply,regardless of the extent of other changes
on the site. We also don't do this for other
(1) Size and visibility in general provisions throughout the zoning code.
Parking lots and driveways may only be as large as needed to meet(D minimum requirements for number of Zoning Code regulations weren't written to make
parking spaces;and 02 dimensional requirements for parking spaces,driveways and drive aisles,and internal -,worst I-,case I-,nonconforming sites(e.g.old
landscaping. Commented[SB45R44]:
1/111 IN//,
4
(2) Parking lot siting
112/1
..............................................................................................................................................................................................................................
Any off-street parking areas of buildings fronting on Elmira Road(NY 13),Floral Avenue(NY 13A),Seven Mile
Commented[SB46]:Except they do not have to
Drive,or Calkins Road,must be in the rear or side yard. be solid pavement per the next paragraph,so call
A parking lot may only be in front of a principal street-fronting building and the street if C)the building is pre- that out ------------------------------------------ -
existing,and C�)the Planning Board finds that existing site conditions make siting a parking area to the side or Commented[DT47R46]:Rules before
rear impractical or impossible. If this is this case,any parking in front of the principal building must: exceptions, See
• be��20'from the public right of way line,and httPs://www.plainlanguage.gov/guidelines/organi
ze/place-the-main-idea-before-exceptions-and-
• have only one drive aisle,with a single row of parking. conditions/. "When you start a sentence with ar
(3) Parking surface materials Commented[SB IR46,. ,Parking lot and driveway surface(must)be: /MON NORM,
-- ---------------
• solid pavement(asphalt,concrete,similar monolithic surface); Commented[DT49R46]:A notwithstanding
• segmental pavers; clause is redundant,because "may also"calls out
the exception/addition. It chas the same meaning
• open cell pavers(grass block); as"notwithstanding the above". Added"the
• plastic grid pavers or systems;or materials listed above or"to avoid any ambiguity.
2022-07 1 14
• a similar pervious or impervious material with a hard,dust-free surface.
,4 m at e rial s l i ste d parking lot or driveway surface for these uses may al_: use th e
ab...o.v..e orloose aggregate(gravel,stone):
• Agricultural or agritourism use.
• Farmer's market.
• Roadside stand.
• Plant nursery.
• Retreat/event venue.
• Cemetery.
• Community garden.
• Park or playground.
Any aggregate parking surface must be built in a way that prevents ponding,aggregate loss or spillage,or
trackout onto public streets.
A parking lot surface must have a visually distinct edge.
(4) Circulation
Parking lot layout must allow a vehicle to enter from and exit to the street driving forward.
A parking row with only one way in and out must have a turnaround area or space at the end.
Parking lot layout must allow service vehicles to access loading,service,or trash enclosure areas,with as little
disruption to circulation and parking space access as possible.
(5) Access management
Off-street parking may have one vehicle access point on a street frontage. A lot or building site may have an
additional access point only if the Uniform Code requires it for fire apparatus access.
For a corner lot,vehicle access to off-street parking may only be from the secondary street,not the principal
street.
An access point must be as far from a street intersection and other curb cuts as possible.
A one way access driveway and approach must be 12'-14'wide. A two way access driveway and approach must
be 16'-20'wide. Access driveway corner radius where it meets a roadway must be < 1 S'.
Continuous curb cuts or driveways,and parking lots that use a fronting street as a drive aisle to access parking
spaces,are prohibited.
If these requirements conflict with New York State DOT access management requirements,the more restrictive
requirement applies.
(6) Lot-to-lot connection
Parking lots for non-residential uses on neighboring lots should have cross-access driveways connecting them,or
provisions for future connection. Property owners must not block cross-access connections or provisions.
(7) Internal landscaping
A row of parking spaces must have a landscape island, �� 9'wide and extending the full depth of the row,(f)at
each end;and C�)at an interval of<_ 10 spaces or<90'in a row.
2022-07 1 15
A landscape island must have O maintained groundcover(see E 1);and(z)> 1 deciduous tree(>_25'diameter at
breast height(DBH)at planting, >30'height at maturity)for each row it is next to. Two deciduous trees with a Commented[DT50]:Discussion:adding"new or
DBH of>_2.0"at planting,and a potential mature height of 20'-30',may substitute for 1 taller required tree. expanded"could be redundant,because typical
zoning administration assumes that pre-existing
(8) Perimeter landscaping and buffering parking lots will be nonconforming. Also,we'd
A ne r.rar sxia is 1r rl 1parking lot must have a > 10'wide landscape buffer between the parking lot surface and the have to repeat this for every parking provision,
side or rear lot lines. and it could be interpreted to mean that
nonconforming parking would never have to
An opaque fence,wall,berm,or hedgerow,4'to 6'tall(3'tall in the minimum principal building front setback comply,regardless of the extent of other changes
area),must screen a parking lot for a hotel/motel,or commercial or industrial building or use,from any on the site.
neighboring residential lot or use. Commented Si3511250: ii iNIMM pI ��i�/liii��iiiiiiiiii
on a street must have�fw d;tplanting with an average of>_ 1 Street facing sides of a parking lot that fronts
shrub,with a potential >_3'mature height,for every 5'of parking lot frontage Ca11 z 11 mmen 11 ted11 [11 17T52R50]:Plannin 11 g Comm 11 i 11 tt11 11 e 11 e
(9) Stormwater preferred wording.
Commented[51353] .
pli
Parking lots,driveways,and drive aisles must be built or graded in a way that prevents surface ponding,or i�i���«i� „�����i������/ ,sediment or aggregate collection. j/ ��
Parking lot landscape islands and perimeter areas must allow decentralized stormwater runoff capture and (Commented[f7T54R53].Removed"foundation".
infiltration wherelpossible[ �wording.
Ca mented[Sf355]:Engineerin 11 g shou 11 l 11 d revi11 e 11
w
G. Pedestrian and bicycle facilities J
Commented[DT56R55]:This is a design practice
(1) Pedestrian connectivity that supports engineering aims of managing
Stormwater.
In the IV-C overlay zone,a principal building must have a paved > 5'wide walkway connecting its main entrancerry : 0 �������„�����
to the public sidewalk along the fronting street,or public right of way line if there is no sidewalk. ,m,efented[5f357R55]: �� � 1i
p g 9 p 9 Y Cf
A parking lot must have a> 5'wide walkway connecting it to the main entrance of the principal building. Commented[DT58R55]:References:best
Parking lot spaces,driveways,and drive aisles are not walkways. practices included in these planning-oriented
texts:
(2) Bicycle parking
*Light Imprint Handbook(Tom Low)
A use must have>_ 1 dedicated bicycle parking space(bike rack space,bike locker,etc.)for every 5 required *Stormwater Design for Sustainable development
vehicle parking spaces. (Ronald Rossmiller)
*Stormwater Guidelines for Dense,Green
H. Fences and walls Redevelopment(City of Emeryville,CA)
*Stormwater Management Handbook
(1) Permitted fence and wall materials Implementing Green Infrastructure in Northern
A permanent fence or wall may only use these materials,in a way that is customary for fence or wall construction. Kentucky Communities(EPA)*Dense and Beautiful Stormwater Management
• Brick,stone,or cast brick or stone. (Laurence Aurbach)
• Wood,or a synthetic material that looks like wood. *Simsbury Stormwater Design Guidelines:A
• Hog wire,sheet or corrugated metal with a matte or non-reflective finish,bamboo,or a similar material,in a Companion Document to the Simsbury Stormwater
board frame structure. Article and Simsbury Design Code(City of
• Welded wire with vinyl coating. Simsbury,CT)
• Gabion. Nontheless,clarifying for intent(discourage large,
single purpose retention/detention basins that
are visually disruptive,and a single point of
failure)after discussion with Engineering.
2022-07 1 16
Chain link fencing may only be at(0 an ancillary use(examples:athletic/ball field,backyard chicken area),or
(2)a construction or short term event site. Chain link fencing for an ancillary use must have a supporting top rail,
and knuckle selvage ends.
A fence or wall must not have:
• sharp or unfinished wires or edges.
o
barbed,razor,or concertina wire(except for agricultural uses e4-,...active construction srtes`. Commented[SB59]:Or utilities?
or law
reM.Ji es i t)..
Commented[DT601159]:Don't want to see
• electrification(except for agricultural uses)., barbed wire for lift stations,etc.Big substations
• materials or design features that are hazardous to nearby pedestrians or residents. along the corridor are unlikely.
A deer fence may not be used as a permanent yard or boundary fence or wall. Commented[S!1361®R59]"�
URIA A
n OR/
rN
Fences should have a"good neighbor"design,where both sides look the same.
ANSI;
V
(2) Finished side out
'0 Mum
...............
A fence or wall with finished and unfinished sides must have its finished or"good"side facing outward,towards Commented[�T62R59]:Added. J
bordering lots or thoroughfares.(See Town Code§270-223 A 9:zoning-fences and walls.)
(3) Height and location
Maximum fence height is:
• Front yard,..street fronting side yard::s 3'.
• Rear yard,street fronting side yard behind principal building front elevation, m1
sIe.j ...,side yard behind
-:............ ontin g
principal building rear elevation:<6'. Commented[DT63]:Clarify clear vision area;
vehicle conflict point that should be kept free of
�Ines,p fpr14P er-\4,4 cr.lw by ta-4eF t,44rro t4r- 4,4�ce 4a-F Wall-k4-g4; W4444-OL-of visual obstructions. See
#4e 4-4ene-,KK444RYPt Er�14414ef.44e 04.4v'&" httPs:Hsafety.fhwa.dot.gov/local_rural/training/fh
............g 11 a M� i e I utsid e of a c le.ar sight trian � (a. ... Ls :hin 30'of the imeise(.Uon of f�om and str�..�.. t E onh�g 4 e ..................................................................................................................................................................................... ..... wasa14080/acc_mgmt.pdf:"in rural areas,
s. e knes at a sueeC mersection,...oj 20'...of whe.�.ea..6 vfewa. j i�e s thestjeet�,..these te(A ........................................................................................ ......... ........................ .........y .nce ov wall driveways obscured by sharp curves,steep hills,
�, t
............. .......................................................
elernen s rn maximum fence c,w�wall hei trees,and buildings limit sight distance
y talfe.r than tty� q
..............................t.............a .....................................jjt,
available for drivers entering or leaving the
• Post,pole,or another supporting member. roadway as well as drivers traveling on the
• Pillar or column. roadway. Drivers entering the roadway from a
• Arbor at an opening or gate. driveway need a clear line of sight in each
• Fences for athletic or ball fields. direction to identify approaching vehicles
before entering the roadway.Additionally,drivers
J. Service and equipment areas traveling on the roadway must be able to see
vehicles entering the roadway in order to slow or
(1) Siting even stop if necessary.Drivers slowing or
stopping to leave the roadway at a driveway
A loading,service,dumpster/waste collection,or outdoor storage area may only be in a rear yard. create a risk to following drivers who must slow,
Dumpsters or outdoor storage may only be in a clumpster/waste collection or outdoor storage area. and possibly stop,as the lead vehicle turns onto
the driveway"
......................................................................................................................................................................................................................................
A clumpster/waste collection or outdoor storage area may only be integral to a principal or accessory building, gvllfel ( F
in a separate accessory structure. 3
Commented[SB64R63]
or
VI
Ground mounted mechanical or utility equipment ancillary to a principal structure may only be in a rear yard,
or interior side yard,behind the front elevation.
Commented[DT65R63]:Reworded. Note
..property line intersection"vs"street
intersection".
2022-07 17
(2) Screening
A(i)loading,service,clumpster/waste collection,or outdoor storage area;or C�'ground mounted mechanical or
utility equipment area,must have siting and screening that hides it from the street and any neighboring
residential uses as much as possible.
Service,clumpster/waste collection,and outdoor storage area screening height must be 6'-8'. Screening
materials should match or complement cladding on the principal building,but must be:
• brick or stone(real or simulated/precast);
• split face block;
• vinyl(co-extruded, ��0.1 SO"thick);or
• wood or composite material in a full steel frame.
Gate materials must be:
• metal;
• vinyl(co-extruded, ��0.1 SO"thick);or
• wood or composite material in a full steel frame.
Screening and gates 2!O.S'above the ground must be 100%opaque.
K. Utilities
(1) Underground utilities
All new utility lines must be underground.
L. Outdoor lighting
(1) Performance standards
Outdoor lighting must meet outdoor lighting performance standards in the Town outdoor lighting law(Town
Code Chapter 173),along with the following requirements.
These requirements do not apply to temporary use of decorative lights for holidays or special events.
(2) Freestanding light height
Freestanding lighting height(ground to luminaire)must be:
• Sports fields or courts;outdoor stages: <2S'.
• Parking lot: <_ 18'.
• All other areas: < 1 S'.
(3) Freestanding light siting
A light pole must not block a walkway,sidewalk,or curb ramp.
(4) Fagade lighting
Building mounted lighting may only direct light downward.
(5) Under canopy lighting
Light fixtures on the underside of canopies,porches,or similar exterior roof areas must be fully recessed or flush
with the underside surface.
2022-07 1 18
(6) Security lighting
Security lighting must be motion activated,to limit nighttime light pollution and glare.
(7) Lighting style
Light poles and fixture style should be consistent with style and period of architecture on the site.
Sconces or gooseneck lighting fixtures may be used to illuminate areas near building walls,directing light
downward against the building wall and areas next to the wall.
Wall packs may only be used as security lighting on the rear wall of a building. Wall packs must not provide
general building or site lighting.
Light poles must have a distinctive base,middle and top. Cobra head lights and bare metal light poles are not
allowed.
Exposed concrete from concrete form(sonotube)bases may only be<_ 1'above grade.
(8) Color temperature
Outdoor lighting color temperature must be<_3000K(warm white).
This does not apply to:
• Decorative lighting using 5 25 lumen lights.
• Non-fixed or temporary lights.
• Sports fields or courts.
l� Rarefbff Ivi g mfle�-Is f r
Qadmf ChatZges,djoul be ia coE oratcdinto
. z ......... . .
the To '.s s n co L ,f Co e C1 L"?9��J
12BU,US KRI Y/
............................
..............kg...................
A tti e.
............. Commented[SB66]
V No
MAE
FBI
M. Signs
�opor
Commented[DT67R66):Agree that this would
(1) General requirements work. A disadvantage:it would further complicate
Zoning Code regulations for signs in the base zone apply in the Inlet Valley overlay district. (See Chapter 270 an already difficult-to-use zoning code. Will let
Article XXIX:Signs.) In an overlay zone,special requirements for attached and freestanding signs in this the Planning Committee decide.
subsection also apply.
(2) Freestanding sign special requirements
Height: Where Zoning Code regulations for signs allow a freestanding sign height of>_5',the maximum
freestanding sign height in an overlay zone is 6'for a sign for a single tenant,and 8'for a multi-tenant sign.
(See Chapter 270 Article XXIX Signs.)
Setback: Freestanding sign setback must be�� 5'from the public right-of-way edge,
Any freestanding sign must be outside of a w4 ie4 5 anglehtt�l area formed by:
Commented[DT68]:Changed to make working
• lines following intersecting public right of way lines for 30'from their intersection;or consistent with H(3)above.
• lines following a public right of way line,and a driveway edge or alley right-of-way line,for 15'from their
intersection. Commented[SB69-
r%� ofy'/i 'rim"
Face area
Maximum single tenant freestanding sign face area is 32"in areas where Zoning Code sign regulations would
normally allow a face area that is 2! 32 ft',
2022-07 1 19
Maximum multitenant freestanding sign face area is SO"in areas where Zoning Code sign regulations would
normally allow a face area that is 2! 50 ft',
Sign structure
A freestanding sign base should use natural materials,or materials that complement the main principal building
on the site.
Sign base and frame colors must be from a palette of muted colors in this Munsell color system range.
• Hue:red,yellow-red,yellow,green-yellow,green,blue-green,blue,purple-blue
• Value:3/to 10/ Commented[DT70]:With this change,Planning
• Chroma:/0 to/6 /Codes staff would review and approve sign
plans,as they now administratively approve
(3) Building mounted sign special requirements individual signs.
iiirart M
Building mounted signs include wall signs,canopy signs,awning signs,projecting signs,and window signs. Commented[SB77R70]-
Sign area: Maximum building mounted sign area is[50%]of the default maximum sign area for the base zone.
Coordinated design for multi-tenant buildings: A multi-tenant building must have a coordinated sign plan,with Commented[DT72R70]:Added text.
standards that ensure a consistent theme and visual harmony for all attached signs. �P.Iannii g..sta Commented[DT73]:Redundant with"internally
ify0.1.1 d e te.l rn.J.1.)e. illuminated...letters"
if a sign elan meets s ...............
....................... thi.....ne..q.(.jJj e..i n e..ri t,
Commented[SB74R73]: r Poo",
(4) Sign legibility
Sign faces should be simple,uncluttered,and easily readable. Commented[DT75R73]:The(amended)terms
(5) Sign design:lighting aren't redundant. There's a slight difference.
Internally illuminated:inside a sign box or"can"
Sign lighting may only use T internally illuminated or backlit uletters or locos,or(?D exterior fixtures mounted
(example:channel letters,where each letter is a
above the sign "box"in the shape of a letter). Backlit-behind a
Sign lighting fixtures must be fully shielded,with the bulb not visible from a street or sidewalk. sign face,but not inside a sign(example:cutout
letters mounted on a wall with spacers,where
Sign lighting must meet outdoor lighting performance standards in the Town outdoor lighting law(Town Code there is space between the cutout and wall).
........... ... ............ ...
Chapter 173).Sign lighting color temperature must be<3000K(warm white). Commented[SB76]:Nine years is a long time.
(56) Wayfinding signs and kiosks Why not have a shorter period plus the ability to
apply to ZBA if a longer amortization period is
A group of property or business owners who want to start a wayfincling program in the Inlet Valley overlay district needed?
may request a wayfinding plan and signage program,in coordination with the Town Board. Wayfincling signs and
structures must follow a Town Board-approved design scheme,template,or pattern book that meets the spirit Commented[SB77R76]:Compare the approach
and intent of the Inlet Valley overlay district design standards. here to the approach the Town took with short-
term rental uses
---------------------
(7) Additional prohibited signs Commented[DT78R76]:The Planning
These types of signs are prohibited in the Inlet Valley overlay district,in addition to prohibited signs in Chapter Committee should decide an appropriate
270 Article XXIX amortization time. A shorter amortization period
would be better. However,enforcing sign
• Light box or sign cabinet signs. regulations can be contentious,so I picked 2030
• Signs on dome,waterfall,bullnose,and bubble style awnings. to be on the conservative side.
(8) Nonconforming signs 2022-07-12:Code Enforcement and Planning staff
Pre-existing commercial signs that do not comply with this section must be removed,or renovated or replaced to believes this amortization time is reasonable.
comply,by December 31,12030� J------------------------------------------------------------------------------- Commented[SB7911176
Commented[DT8011176]:Yes.
2022-07 1 20
~
. .
^
| ~
[Formatted:Font:Bold,Underline,Font color:Accent 2
--------------
� -----------------------------------------
Chapter27O. Zoning [Formatted:Font:(Default)+Body(Calibri)
Article XXVi Special Regulations
8270-218.1. Solar energy systems. Formatted.Centered
FFormatted-
A' Purpose. The purpose of this eoobon is to facilitate the development
renewable energy systems based on sunlight,because it is in the publicinterest to provide
for and encourage renewable energy systems and a-sustainabkaflity qu,34y r4f-flfe, 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 0m the requirements described below.
Notwithstanding the foregoing,where the solar energy e provisionsofthoNow
Neighborhood Code (Chapter 272)apply d are inconsistent with this y27O'21S.1.
the provisions of the New Neighborhood Code apply.
[Added 11'0'2O20byLL No.0'2O2O]
C. General requirements.
(1) Building permits are required for all solar energy systems.
(2) The setbacks and approval required for each typo of solar energy system are
summarized in the table titled "Setback and Yard Requirements for Ground-
Mounted Solar Energy SystenIand are further described bo|mm.
[1] Editor's Note: The table is included aaan attachment to this chapter.
(3) Qualified installer. All solar energy installations must be performed by a qualified
solar installer and, prior to issuance of certificate of compliance, must be inspected
bya Town Code Enforcement Officer orbyan appropriate o|ootrioa| inepoction
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 included as part of the solar
energy system, they must bo placed ina secure container or enclosure meeting the
requirements of the New York State Building Code when in use and when nolonger
used shall bo disposed ofin accordance with the laws and regulations ofTompkins
County and other applicable laws and regulations.
-
. .
Formatted:Font:Bold,Underline,Font color:Accent 2
^
[Formatted:Left
(5) `
j s e s t h frorn the stern onsite. This includes Formatted:Highlight
L Ali solar therm,
ii. So Lar p s s erns that. .e,.E�Lratp I more than 11011/o of the
(6) In the event of inconsistency between the provisions in this § 270-219.1 and Strikethrough,Highlight
other provisions in Chapter 270 or Chapter 271 (such as setback or height
requirements),the provisions in§270-219.1 shall govern. Formatted:Strikethrough,Highlight
D. Rooftop _and building-mounted photovoltaic _solar energy_ systems._ The following
standards are applicable to rooftop and building-mounted photovoltaic solar
energy systems: Formatted:Strikethrough,Highlight
(1) Permitted in all zones.
(2) No size thresholds, except as limited by the New York State Uniform Fire Formatted:Strikethrough,Highlight
Prevention and Building Code. Formatted:Font:(Default)+Body(Calibri),11 pt,
(3) No site plan approval is required; changes to, or the addition of, rooftop or Strikethrough,Highlight
building-mounted photovoltaic solar energy systems will not trigger site plan Formatted:Strikethrough,Highlight
modification requirements. Formatted:Font:(Default)+Body(Calibri),11 pt,
Strikethrough,Highlight
Lave antikirefiective coaling.
Formatted:Strikethrough,Highlight
;�IheekiRg with Cede,;to ;ee whether any ef the fellewiRg design elemems wauld be he
Strikethrough,Highlight
--------------------------------------------------
Strikethrough,Highlight
Formatted:Strikethrough,Highlight
E. Solar-thermal energy_ systems_ ,__,. building-mounted and g -__ —___'.
inrie uri(Jingents'to ""'llFo11111111111111Iwn olf Illthac ��cAa ur IIC... IIC ura jlt /I /14/
Formatted:Font:Bold,Underline,Font color:Accent 2 1
._.. .._.. ....
In addition to the standards in Subsection F below, the following standards are Formatted:Left
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
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 Formatted Left
when the system is oriented at maximum tilt,,...E.-.)(M�r j..iioi 1.s.wv,i,IIII„_I����,,,,i,r,2,u��;f r,lr,,,,
farirm�in hllue Ai,, iric ult ulre and I,,,cvr I�t lid u�� I�t,,�uc�t inhu III„Zc�in �,ll r al e.ut l,iize
a.gji..v......oil:........i ..f .irirnc.a... .I.c 1:ioi a. IFor..a rivvllta i 11-i.e .Ild.i.r.�.....i.r.�....in( ....I: o ird rn
V
.....................r.................. ....... :
......... .....................l... ........................... ...................................................................................................... .........,,a. . .......................
waive to Ihau. Ih ire,airerent o accorrrodto corin ed or new a�ricUtuirdll
....................................... .............. l...........4................................................................................................................................................................................................................................................................ ..............................................(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.
inn uri(Jingents'to ""'llFo11111111111111Iwn olf Illthac ��cAa ur IIC... IIC ura jlt 1I C14C
Formatted:Font:Bold,Underline,Font color:Accent 2 1
G. Additional standards for ground-mounted photovoltaic solar energy systems. Formatted:Left
(1) Ground-mounted photovoltaic systems are divided into thiree fouirsize
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 les>than.,Up o and Formatted:Highlight J
urnr,��,,dir.i.n 7,000 square feet.
[+a) ,,,_Large-scale ground-mounted photovoltaic systems have a total solar
facility footprint greater than 7,000 square feet ar"lid up tq A5 crr;;:a. �Formatted:Font:12 pt J
c1 ==a.ulll ;:aaM ll�;c i ra.uir�c irr7c�a.uir�:�;o alrc�c�vc�IRdi°ic;:a h�;rm Iha v�;,I t..Ql:dll sgl.ai.r fa c.illlil:
[ ) ......... r V �✓.
f��otlplrint,_of IYmC71"e than f:�fl�l"C';:: cllr"�G� aYfd !6�.,(� Ir1].�?CIIr1UIYm of;,awl a�6�I"C';::� �Formatted Font:12 pt
(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:
Medium Density Residential, High Density Residential, Mobile
Home Park, Multiple Residence, Conservation, Neighborhood
Commercial, Community Commercial, and Planned Development
Zones.
Inn iini(Jingents'to ""'llFo11111111111111Iwn �° f Illthac ��cAa it IIC... w IIC ira llt 1I C14C
Formatted:Font:Bold,Underline,Font color:Accent 2 1
[b] Principal and accessory uses in the following zones: Formatted:Left
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
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 solarenergy
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 building 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 CFormatted:Highlight
[b] Accessory use only in the following zones: Medium Density
Residential Zone,.!Ej E Pa r.l.gf ��,y Ic�ram rnt Z¢�� ,r. Formatted:Highlight J
[c �o, siAlteriw teaarra�a r r c � arr��; s r
]
�re c�r i
_ i....._ __ _ ._. . __ ___ (Formatted:Font:Italic
-
. .
|
|
Formatted:Font:Bold,Underline,Font color:Accent 2
: �Formatted:Left
/
[2] Setbacks (measured from the lot line to the closest part of the
photovoltaic solar energy oyotem):
[a] Seventy-five feet minimum from o lot line (except from a front lot
line) that abuts property in any zone except a commercial or
industrial zone.
[b] Forty feet minimum from o lot line (except from a front lot line)that
abuts property ino commercial or industrial zone.
[c] Minimum setback from front lot line equals the maximum number of
foot for required front yards in the zono, oxoo[t in Light Industrial
and Industrial Zones.
[d] In Light Industrial, Industrial and Planned Development Zones,
minimum setback from front lot line io5Ofeet.
[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.. oomo. 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 oonotruotion, installation or
modification. |n addition hu the requirement for site plan review per Town
Code § 27O48R. the following additional information is required tobo
submitted ao part of the site plan application:
Formatted:_ar
-its If
| °
| n Dried.
Formatted:Highlight
[c] Utility notification: submission of documentation from the utility
company that operatesth electrical gridwh 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.
[d] Safety. The owner/operator shall provide evidencethat a copy of
the site plan application has been submitted to the appropriate Fire
Chief (Ithaca Fire Department orCayuga Heights). All means of
vnrie in(Jingen s'to ""'llFo11111111111111Iwn olf Illtllhiac mScAllaair IIC... w IIC irgft /I /1 /
Formatted:Font:Bold,Underline,Font color:Accent 2 1
shutting down the photovoltaic solar energy system shall be clearly Formatted:Left
marked on the site plan and building permit applications.
[e] Operation and maintenance plan: submission of a plan for the (Formatted:Left,Indent:Left: 1.25,Hanging: 0.31
operation and maintenance of the facility,to include measures for
maintaining safe access, operational maintenance of the
photovoltaic solar energy system,rf,r:p„y...a�,!n,�!°i,g,�i..l�.,,�,!,c,c�.....,,�g!ru,wc�I,j,a�li,�M.._I u, �",.....
and general property upkeep, such as mowing and trimming.
[f] Decommissioning plan:
]. Submission of a decommissioning plan to be implemented upon (Formatted:Highlight
abandonment,or cessation of activity,or in conjunction with removal
of the facility to ensure that the site will be restored to a useful and
nonhazardous condition, with a time frame provided for the
completion of the work.._��:a'.:°.....I. aug, r,rr,!rm,li,.a;:,l,c,ir,u,r„ic.....�"j., .....g r!rr7..I,c,ir,t,ir,j .....U..r:!I
Sulbsectlion Ii
..........................................................................
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nr.,ticault nng be rfer `.ulrg. fra, arc�vrr�r ,films financial sr-CUrit boYrcf rap,.
ruler i rrrl„ cep fiuta�ncipl se Urity,,, arr�,atablr to the Town fo r„
irrr,at!jMgrvtatiorn..of a d f,ralrrYrllssic�Y�lrhr]flan �Ir�;irnate...aof the full
cost of dell�IrrYrts��s�rhlrhg�...Vivid rernovol of$Irt c�e�calk is
r rarr�t_I1;... r aarcta ...tly_a licensed engineer gicIL li into account
inflation avid shall have a term consistent with aie life of the solar
_A. ®........ .................................................................................................................................................................................................................................................................................
rnf,rcty r��sterrls. .
[5] Design standards.
[a] Fencing.
[i] Barbed wire shall not be utilized.
[ii]When fencing will enclose the perimeter of the site or facility, Formatted:Left
wildlife-friendly fencing that allows the free;n,:1hldar e ,passage of
Formatted:Font:11 pt,Not Expanded by/Condensed
small mammals and reptiles and is designed to minimize wildlife �Icy
injury and death due to entanglement or strangulation shall be
used on sites having a solar facility footprint greater than :�,Ir:p,ira:°.f:°...five
acres. Exceptions can be made by the Planning Board for sites
that are not in rural locations and have limited surrounding wildlife
habitat.
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1
fence to allow fCY.... Formatted:Font:Arias,12 pt J
[b] Glare. Photovoltaic solar energy systems shall be designed and Formatted.Font:Italic
located in order to minimize reflective glare toward roads and any
inhabited building on adjacent properties. Formatted:Font:Italic J
[c] Roads. Roadways within the site shall be designed to minimize the
width and extent of roadway construction and soil compaction.
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[d] Screening/Buffering. Based on site-specific conditions, including Formatted:Left
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[21 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.[31 Asign
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
provider.
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[,gj Minihmuinin ;-.�etback froim tihe side and rear I�ot inies is 75 feet.
..............................................................................................................................................................................................................................................................................................................................
inihmuinin setback froinin front ot ine, is 50 feet.
.............................................................................................................................................................................................................................................. Formatted:Indent:Left: 1.25", No bullets or
f numbering,Tab stops: 1.25",Left+Not at 1.8"
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... ........1 j
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...........................P a.O Irauvuauwr P�2 L
.......................D!2� 2 1 idfg�Ll in g infoiri-natioin is ire uired
�1 ZZA A! At"I� .......... ............................................................................................... ............. ................................
to be subirnH:te
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assessinnerit of the visual i.irnpa is of the;-.mlair eii
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a ci 2.E.ir laind to accoiminnodate,the sol r..fa jij��jst ni I [Formatted:Indent Hanging: 0.31
exceed 201/6 reimoval of i woo&-.: on t,e ............... ............... ............... ............... ............... ...............
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.................... ......... ..................................................................................................................................................................
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Olglioin sihalki be iinnited to What nec s ar for the
....................................7.............................................................................................................. �§.............y............................................
�2r2Ea on and innainten f 1,-i e coinstri i� i ance o t jp��,.�.2A2y2�!.aIc solar
....................................i2 ........ .............
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..................................................... ---—————201YO rnature wood on the lot.
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� rc6s conita�nin( soil;--a classified
a s �.P r..i..r..n e Earn.i i i.a i.n d car il::..a ir..a i I..a..i.n.d of State I e lininp
....... ................. .... ............ ...... ............... ......... w d
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,LEL7jZLLthaca. For h7Sta A I ets has 50-acre threshold's �Formatted:Font:Italic,Highlight
that I'OV1117 could lowet to '10 act s f6r jnstq e.. ormatted:Font:Italic
fL7ioriel/ed ftom 7omin of Victor—Myla.t2d 9LLa 9tLe-�tAaA042�AZ"71.,; [Formatted:Font:Italic,Highlight
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hal Formatted:Font:Italic
in A
seed i
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DE........... I Elgn ....ag�F 2�i� y coni�..�ideir a so�Iai facility Formatted:Font:Italic,Highlight
Formatted:Indent:Left: 1.25",Hanging: 0.31
H. Decommissioning. Formatted:Left,Indent:Left: 1.45",H nging: 0.18",
(1) In the event the photovoltaic solar energy system is not completed and No bullets or numbering
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 ofabove-ground
and foundadono.(b)Restoration of the surface grade and soil after
removal ofoquipmonL(o) 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 18O days,then in additionto other odi provided by this
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(a)The Code Enforcement Officer may order removal of such photovoltaic Formatted:Left
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.
ttLq.Lq is a boI"kd1su I1Lpinat 7 the (Formatted:Highlight J
rerna rm -m fLf, "c ncen7 that (
�raref� ,tlnvoaalc t i r �s k " , ro Fmatted:Highlight
tlogA1 rfc2y gg2, into b1nk!y � or_rrsl ncep
(c)The Town shall present the landowner with a bill for all costs and
Formatted:Highlight
expenses incurred by the Town in connection with the photovoltaic solar Formatted Highlight
energy system removal and/or decommissioning plan implementation. Formatted:Font:Italic
If the landowner shall fail to pay such costs and expenses within 15 days
after the demand for same,or within 30 days of the final decision on any
administrative or judicial contest the landowner 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
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._.. .._.. ....
Ithaca. The assessment of such costs, expenses and interest shall be Formatted:Left
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.Failure 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 address 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.
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I�totiimaiitirara Aciclii:liuna:
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Adapted from NYS Ag and Markets—Guidelines for Solar Energy Projects
Modelled From Town of Victor, NY (Chapter 103—Energy Systems(https://ecode360.com/34017220))
Potential sections to copy to Town of Ithaca Solar Law:
K. Farmland protection. Large-scale ground-mounted solar PV systems proposed upon prime or
important agricultural land as defined herein may be allowed if the Planning Board determines there are
no feasible alternative locations for PV system siting on the lot in question.
L. The following standards are to apply to the construction, restoration, and follow-up monitoring of
solar energy projects impacting prime or important agricultural land.An environmental monitor(EM)
shall be hired by the applicant to oversee construction, restoration and follow-up monitoring.
(1) For projects involving less than 10 acres of prime or important agricultural land,the
construction manager or some other on-site personnel may serve as the EM.The EM must be on
site whenever construction or restoration work is occurring on agricultural land.
(2) For projects involving 10 acres or more of prime or important agricultural land,the EM shall
be on site whenever construction or restoration work is occurring on agricultural land and shall
coordinate with the New York State Department of Agriculture and Markets, Division of Land
and Water Resources to develop an appropriate schedule for project inspections.
(3)The EM shall contact the New York State Department of Agriculture and Markets, Division of
Land and Water Resources, if farm resource concerns or management matters pertinent to the
agricultural operation and site-specific implementation conditions found below cannot be
resolved.
(a) Construction requirements:
[1] The surface of access roads constructed through agricultural fields shall be
level with the adjacent field surface.
[2] Access roads shall be located along the edge of agricultural areas, in areas
next to hedgerows and field boundaries, and in nonagricultural areas of the site
to the greatest extent practicable.
[3] The width of access roads across or along agricultural fields shall be no wider
than 20 feet so as to minimize the loss of agricultural lands while maintaining
compliance with New York State Uniform Fire Prevention and Building Codes for
emergency vehicle access.
[4] Culverts and waterbars shall be installed, where necessary,to maintain
natural drainage patterns.
[5] All topsoil from agricultural areas used for vehicle and equipment traffic,
parking, and equipment laydown and storage areas shall be stripped and
stockpiled.All vehicle and equipment traffic and parking shall be limited to the
access road and/or designated work areas, such as laydown areas. Vehicles and
1
equipment shall not be allowed outside the work area without prior approval
from the landowner and,when applicable,the environmental monitor.
[6] Topsoil stripped from work areas (parking areas, electric cable trenches,
along access roads) shall be stockpiled separately from other excavated material
(rock and/or subsoil). A minimum of 50 feet of temporary workspace shall be
provided along"open-cut" electric cable trenches for proper topsoil
segregation.All topsoil shall be stockpiled immediately adjacent to the area
where stripped/removed and shall be used for restoration on that particular
site.Topsoil stockpile areas shall be clearly designated in the field and on
construction drawings.
[7] Electric interconnect cables and transmission lines installed aboveground can
create long-term interference with mechanized farming on agricultural land.
Therefore, interconnect cables shall be buried in agricultural fields wherever
practicable. Interconnect cables and transmission lines installed aboveground
shall be located outside field boundaries wherever possible. When aboveground
cables and transmission lines must cross farmland, minimize agricultural
impacts by using taller structures that provide longer spanning distances and
locate poles on field edges to the greatest extent practicable.
[8] All buried electric cables in cropland, hayland and improved pasture, shall
have a minimum depth of 48 inches of cover. In unimproved grazing areas and
land permanently devoted to pasture,the minimum depth of cover shall be 36
inches. In areas where the depth of soil over bedrock ranges from zero inches to
48 inches,the electric cables shall be buried entirely below the top of the
bedrock or at the depth specified for the particular land use, whichever is less.
At no time shall the depth of cover be less than 24 inches below the soil surface.
[9] When buried electric cables alter the natural stratification of soil horizons
and natural soil drainage patterns the effects shall be rectified with measures
such as subsurface intercept drain lines.Tompkins County Soil and Water
Conservation District shall be consulted concerning the type of intercept drain
lines to be installed to prevent surface seeps and the seasonally prolonged
saturation of the cable installation zone and adjacent areas. All drain lines shall
be installed in accordance with Natural Resource Conservation Service
standards and specifications. Drain tile shall meet or exceed the AASHTO M252
specifications.
[10] Existing drainage and erosion control structures, such as diversions, ditches,
and drain tile shall remain undamaged and protected. Where existing drainage
and erosion control infrastructure must be removed, appropriate measures shall
be taken to maintain the design and effectiveness of the originally installed
structures. Drainage and erosion control structures disturbed during
construction shall be repaired or replaced to as close to original condition as
possible, unless said structures are to be eliminated based upon the large-scale
ground-mounted solar PV system site plan approval.
2
[11] All excess subsoil and rock shall be removed from the site. On-site disposal
of such material shall only be allowed if approved by the landowner, with
appropriate consideration given to any possible agricultural or environmental
impacts.Any permits necessary for disposal under local, state and/or federal
laws and regulations shall be obtained by the contractor, with the cooperation
of the landowner when required.
[12] All pieces of unused wire, bolts, and other metal objects shall be removed
and properly disposed of as soon as practical to prevent mixing with any topsoil.
[13] Excess concrete shall not be buried or left on the surface in active
agricultural areas. Concrete trucks shall be required to use designated washout
stations located outside of agricultural areas.
[14] In pasture areas, it may be necessary to construct temporary or permanent
fences around work areas to prevent livestock access, consistent with
landowner agreements.
(b) Restoration requirements.All agricultural areas temporarily disturbed by
construction shall:
[1] Be decompacted to a depth of 18 inches with a deep ripper or heavy-duty
chisel plow. Soil compaction results should be no more than 250 pounds per
square inch (PSI) as measured with a soil penetrometer. In areas where the
topsoil was stripped, soil decompaction should be conducted prior to topsoil
replacement. Following decompaction, remove all rocks four inches and larger
in size from the surface of the subsoil prior to replacement of topsoil. Replace
the topsoil to original depth and reestablish original contours where possible.
Remove all rocks four inches and larger from the surface of the topsoil. Subsoil
decompaction and topsoil replacement shall be avoided between the months of
October and May unless favorable soil moisture conditions exist.
[2] Regrade all access roads to allow for farm equipment crossing and to restore
original surface drainage patterns, or other drainage pattern incorporated into
site plan design, approved by the Planning Board.
[3] Seed all restored agricultural areas with the seed mix specified by the
landowner, in order to maintain consistency with the surrounding areas.
[4] All surface or subsurface drainage structures damaged during construction
shall be repaired to as close to preconstruction conditions as possible, unless
said structures are to be removed as part of the site plan approval.All surface or
subsurface drainage problems resulting from construction of the large-scale
ground-mounted solar PV system shall be corrected with the appropriate
mitigation as determined by the EM,Tompkins County Soil and Water
Conservation District and the landowner.
3
[5] Restoration practices shall be postponed until favorable (workable, relatively
dry)topsoil/subsoil conditions exist. Restoration is not to be conducted while
soils are in a wet or plastic state. Stockpiled topsoil shall not be regraded and
subsoil shall not be decompacted until plasticity, as determined by the
Atterberg field test, is adequately reduced. No project restoration activities shall
occur in agricultural fields between the months of October and May unless
favorable soil moisture conditions exist.
[6] Following site restoration, all construction debris shall be removed from the
site.
(c) Monitoring and remediation requirement. Immediately following site restoration,
the applicant shall provide a monitoring and remediation period of no less than two
years. On site monitoring shall be conducted seasonally at least three times during the
growing season (Spring, Summer, Fall).The monitoring and remediation period allows
for the effects of climatic cycles such as frost action, precipitation and growing seasons
to occur,from which various monitoring determinations can be made.The monitoring
and remediation phase is used to identify any remaining agricultural impacts associated
with construction that may be in need of mitigation and to implement the follow-up
restoration. The EM shall consolidate each applicable growing season's observation into
an annual report during the monitoring period and shall be provided to the Town of
Ithaca upon request.
[1] General conditions to be monitored shall include topsoil thickness, relative
content of rock and large stones,trench settling, crop production, drainage and
repair of severed subsurface drain lines,fences, and any other conditions the
Planning Board shall deem appropriate.
[2] Topsoil deficiency and trench settling shall be mitigated with imported
topsoil that is consistent with the quality of topsoil on the affected site.All
excess rocks and large stones are to be removed from the site.
(d) Decommissioning. If the use of the solar arrays is discontinued:
[1] All aboveground solar array structures shall be removed and all areas
previously used for agricultural production shall be restored to conditions
accepted by the landowner,the Tompkins County Soil and Water Conservation
District, and the State Department of Agriculture and Markets.
[2] All concrete piers,footers, or other supports shall be removed to a depth of
48 inches below the soil surface. Underground electric lines shall be abandoned
in place. Access roads in agricultural areas shall be removed, unless otherwise
specified by the landowner.
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NEW YORK STATE DEPARTMENT OF AGRICULTURE AND MARKETS
Guidelines for
Solar Energy Projects - Construction Mitigation for Agricultural Lands
(Revision 10/18/2019)
The following are guidelines for mitigating construction impacts on agricultural land during the following
stages of a solar energy project: Construction, Post-Construction Restoration, Monitoring and Remediation, and
Decommissioning. These guidelines apply to project areas subject to ground disturbance' within agricultural
lands including:
• Lands where agriculture use will continue or resume following the completion of construction (typically
those lands outside of the developed project's security fence);
• Lands where the proposed solar development will be returning to agricultural use upon
decommissioning, (typically those lands inside of the developed project's security fence);
• Applicable Area under review pursuant to Public Service Law Article 10 Siting of Major Electric
Facilities.
The Project Company will incorporate these Guidelines into the development plans and applications for
permitting and approval for solar projects that impact agricultural lands. If the Environmental Monitor, hereafter
referred to as EM, determines that there is any conflict between these Guidelines and the requirements for
project construction that arise out of the project permitting process, the Project Company and its EM, will notify
the New York State Department of Agriculture and Markets (NYSDAM), Division of Land and Water
Resources, and seek a reasonable alternative.
Environmental Monitor(EM)
The Project Company(or its contractor) shall hire or designate an EM to oversee the construction,restoration
and follow-up monitoring in agricultural areas. The EM shall be an individual with a confident understanding
of normal agriculture practices' (such as cultivation, crop rotation, nutrient management, drainage (subsurface
and/or surface), chemical application, agricultural equipment operation, fencing, soils,plant identification, etc.)
and able to identify how the project may affect the site and the applicable agricultural practices. The EM should
also have experience with or understanding of the use of a soil penetrometer for compaction testing and record
keeping. The EM may serve dual inspection roles associated with other Project permits and/or construction
duties, if the agricultural workload allows. The EM should be available to provide site-specific agricultural
information as necessary for project development through field review and direct contact with both the affected
farm operators and NYSDAM. The EM should maintain regular contact with appropriate onsite project
construction supervision and inspectors throughout the construction phase. The EM should maintain regular
contact with the affected farm operator(s) concerning agricultural land impacted, management matters pertinent
to the agricultural operations and the site-specific implementation of agricultural resource mitigation measures.
The EM will serve as the agricultural point of contact.
'Ground Disturbance is defined as an activity that contributes to measurable soil compaction,alters the soil profile or removes
vegetative cover. Construction activities that utilize low ground pressure vehicles that do not result in a visible rut that alters soil
compaction,is not considered a Ground Disturbance. Soil compaction should be tested using an appropriate soil penetrometer or
other soil compaction measuring device.The soil compaction test results within the affected area will be compared with those of the
adjacent unaffected portion of the agricultural area.
z An EM is not expected to have knowledge regarding all of the listed agricultural practices,but rather a general understanding such
that the EM is able to perform the EM function.
1. For projects involving less than 50 acres of agricultural land within the limits of disturbance (LOD),' the
EM shall be available for consultation and/or on-site whenever construction or restoration work that
causes Ground Disturbance is occurring on agricultural land.
2. For projects involving 50 acres or more of agricultural land within the (LOD) (including projects
involving the same parent company whether phased or contiguous projects), the EM shall be on site
whenever construction or restoration work requiring or involving Ground Disturbance is occurring on
agricultural land and shall notify NYSDAM of Project activity. The purpose of the agency coordination
would be to assure that the mitigation measures of these guidelines are being met to the fullest extent
practicable. The Project Company and the NYSDAM will agree to schedule inspections in a manner
that avoids delay in the work. NYSDAM requires the opportunity to review and will approve the
proposed EM based on qualifications or capacities.
Construction Requirements
• Before any topsoil is stripped, representative soil samples should be obtained from the areas to be
disturbed. The soil sampling should be consistent with Cornell University's soil testing guidelines, and
samples should be submitted to a laboratory for testing PH,percent organic material, cation exchange
capacity, Phosphorus/Phosphate (P), and Potassium/Potash (K). The results are to establish a
benchmark that the soil's PH,Nitrogen (N), Phosphorus/Phosphate (P), and Potassium/Potash (K) are to
be measured against upon restoration. If soil sampling is not performed, fertilizer and lime application
recommendations for disturbed areas can be found at
https://www.agriculture.nygov/a/ap/agservices/Fertilizer Lime and Seeding Recommendations.pdf.
• Stripped topsoil should be stockpiled from work areas (e.g. parking areas, electric conductor trenches,
along access roads, equipment pads) and kept separate from other excavated material(rock and/or sub-
soil) until the completion of the facility for final restoration. For proper topsoil segregation, at least 25
feet of additional temporary workspace (ATWS) may be needed along "open-cut"underground utility
trenches. All topsoil will be stockpiled as close as is reasonably practical to the area where
stripped/removed and shall be used for restoration on that particular area. Any topsoil removed from
permanently converted agricultural areas (e.g. permanent roads, etc.) should be temporarily stockpiled
and eventually spread evenly in adjacent agricultural areas within the project Limits of Disturbance
(LOD) ; however not to significantly alter the hydrology of the area. Clearly designate topsoil stockpile
areas and topsoil disposal areas in the field and on construction drawings; changes or additions to the
designated stockpile areas may be needed based on field conditions in consultation with the EM.
Sufficient LOD (as designated on the site plan or by the EM) area should be allotted to allow adequate
access to the stockpile for topsoil replacement during restoration.
o Topsoil stockpiles on agricultural areas left in place prior to October 31st should he seeded with
Aroostook Winter Rye or equivalent at an application rate of three bushels (168 lbs.)per acre
and mulched with straw mulch at rate of two to three bales per 1000 Sq. Ft.
o Topsoil stockpiles left in place between October 31st and May 31st should be mulched with straw
at a rate of two to three bales per 1000 Sq. Ft. to prevent soil loss.
• The surface of access roads located outside of the generation facility's security fence and constructed
through agricultural fields shall be level with the adjacent field surface. If a level road design is not
3 The Limits of Disturbance(LOD)includes all project related ground disturbances and all areas within the project's security fencing.
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feasible, all access roads should be constructed to allow a farm crossing (for specific equipment and
livestock) and to restore/maintain original surface drainage patterns.
• Install culverts and/or waterbars to maintain or improve site specific natural drainage patterns.
• Do not allow vehicles or equipment outside the planned LOD without the EM seeking prior approval
from the landowner(and/or agricultural producer), and associated permit amendments as necessary.
Limit all vehicle and equipment traffic,parking, and material storage to the access road and/or
designated work areas, such as laydown areas, with exception the use of low ground pressure
equipment.' Where repeated temporary access is necessary across portions of agricultural areas outside
of the security fence,preparation for such access should consist of either stripping/ stockpiling all
topsoil linearly along the access road, or the use of timber matting.
• Proposed permanent access should be established as soon as possible by removing topsoil according to
the depth of topsoil as directed by the EM.Any extra topsoil removed from permanently converted areas
(e.g. permanent roads, equipment pads, etc.) should be temporarily stockpiled and eventually spread
evenly in adjacent agricultural areas within the project Limits of Disturbance (LOD); however not to
significantly alter the hydrology of the area.
• When open-cut trenching is proposed, topsoil stripping is required from the work area adjacent to the
trench (including segregated stockpile areas and equipment access). Trencher or road saw like
equipment are not allowed for trench excavation in agricultural areas, as the equipment does not
segregate topsoil from subsoil. Horizontal Directional Drilling(HDD) or equivalent installation that
does not disrupt the soil profile, may limit agricultural ground disturbances. Any HDD drilling fluid
inadvertently discharged must be removed from agricultural areas. Narrow open trenches less than 25
feet long involving a single directly buried conductor or conduit(as required) to connect short rows
within the array, are exempt from topsoil segregation.
• Electric collection, communication and transmission lines installed above ground can create long term
interference with mechanized farming on agricultural land. Thus, interconnect conductors outside of the
security fence must be buried in agricultural fields wherever practicable. Where overhead utility lines
are required, (including Point(s) of Interconnection) installation must be located outside field boundaries
or along permanent access road(s) wherever possible. When overhead utilities must cross farmland,
minimize agricultural impacts by using taller structures that provide longer spanning distances and
locate poles on field edges to the greatest extent practicable.
• All buried utilities located within the generation facility's security fence must have a minimum depth of
18-inches of cover if buried in a conduit and a minimum depth of twenty-four inches of cover if directly
buried(e.g. not routed in conduit).s
• The following requirements apply to all buried utilities located outside of the generation facility security
fence:
o In cropland,hayland,and improved pasture buried electric conductors must have a minimum depth
of 48-inches of cover. In areas where the depth of soil over bedrock is less than 48-inches, the
4 low ground pressure vehicles that do not result in a visible rut that alters soil compaction.
5 Burial of electrical conductors located within the energy generation facility may be superseded by more stringent updated electrical
code or applicable governing code.
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electric conductors must be buried below the surface of the bedrock if friable/rippable, or as near
as possible to the surface of the bedrock.
o In unimproved grazing areas or on land permanently devoted to pasture the minimum depth of
cover must be 36-inches.
o Where electrical conductors are buried directly below the generation facility's access road or
immediately adjacent(at road edge) to the access road, the minimum depth of cover must be 24-
inches. Conductors must be close enough to the road edge as to be not subject to agricultural
cultivation/ sub-soiling.
• When buried utilities alter the natural stratification of soil horizons and natural soil drainage patterns,
rectify the effects with measures such as subsurface intercept drain lines. Consult the local Soil and
Water Conservation District concerning the type of intercept drain lines to install to prevent surface
seeps and the seasonally prolonged saturation of the conductor installation zone and adjacent areas.
Install and/or repair all drain lines according to Natural Resources Conservation Service conservation
practice standards and specifications. Drain tile must meet or exceed the AASHTO M-252
specifications. Repair of subsurface drains tiles should be consistent with the NYSDAM's details for
Repair of Severed Tile Line"found in the pipeline drawing A-5
(http://www.agriculture.ny.gov/ap/agservices/Pipeline-Drawing_s.pdf).
• In pasture areas, it may be necessary to construct temporary fencing(in addition to the Project's
permanent security fences) around work areas to prevent livestock access to active construction areas
and areas undergoing restoration. For areas returning to pasture, temporary fencing will be required to
delay the pasturing of livestock within the restored portion of the LOD until pasture areas are
appropriately revegetated. Temporary fencing including the project's required temporary access for the
associated fence installations should be included within the LOD as well as noted on the construction
drawings. The Project Company will be responsible for maintaining the temporary fencing until the EM
determines that the vegetation in the restored area is established and able to accommodate grazing. At
such time, the Project Company should be responsible for removal of the temporary fences.
Post-Construction restoration requirements applicable to continued use agricultural areas that suffered
ground disturbance due to construction activities (typically lands outside of the developed project's
security fence).
• All construction debris in active agriculture areas including pieces of wire, bolts, and other unused metal
objects will need to be removed and properly disposed of as soon as practical to prevent mixing with any
topsoil.
• Excess concrete will not be buried or left on the surface in active agricultural areas.Concrete trucks will
be washed outside of active agricultural areas. Remove all excess subsoil and rock unearthed from
construction related activities occurring in areas intended to return to agricultural use. On-site disposal
of such material is not permissible in active agricultural lands. Designated spoil disposal locations
should be specified in the associated construction plans. If landowner agreements, LOD boundary, or
Project's land use approvals do not allow for on-site disposal, material must be removed from the site.'
Any permits necessary for disposal under local, State and/or federal laws and regulations must be obtained by the facility operator,
with the cooperation of the landowner when required.
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Solar Guidelines(Rev. 10/18/2019) NYSDAM
• Excess stripped topsoil shall not be utilized for fill within the project area. Any extra topsoil removed
from permanently impacted areas (e.g. roads, equipment pads, etc.) should be evenly spread in adjacent
agricultural project areas, however not to significantly alter the hydrology of the area.
• Regrade all access roads outside of the security fencing (as determined necessary by the EM), to allow
for farm equipment crossing and restore original surface drainage patterns, or other drainage pattern
incorporated into the design.
• Repair all surface or subsurface drainage structures damaged during construction as close to
preconstruction conditions as possible, unless said structures are to be removed as part of the project
design. Correct any surface or subsurface drainage problems resulting from construction of the solar
energy project with the appropriate mitigation as determined by the Environmental Monitor, Soil and
Water Conservation District and the Landowner.
• On agricultural land needing restoration because of ground disturbance,postpone any restoration
practices until favorable (workable, relatively dry) topsoil/subsoil conditions exist. Restoration must not
be conducted while soils are in a wet or plastic state of consistency. Stockpiled topsoil must not be
regraded, and subsoil must not be decompacted until plasticity, as determined by the Atterberg field test,
is adequately reduced. No permanent project restoration activities shall occur in agricultural areas
between the months of October through May unless favorable soil moisture conditions exist.
• In all continued use agricultural land where the topsoil was stripped, subsoil decompaction shall be
conducted prior to topsoil replacement. Following construction, all such areas will be decompacted to a
depth of 18 inches with a tractor mounted deep ripper or heavy-duty chisel plow. Soil compaction
results shall be no more than 250 pounds per square inch (PSI) throughout the decompacted 18 inches as
measured with a soil penetrometer. Following decompaction, all rocks 4 inches and larger in size
unearthed from decompaction will be removed from the surface of the subsoil prior to replacement of
the topsoil. The topsoil will be replaced to original depth and the original contours will be reestablished
where possible. All rocks 4 inches and larger from topsoil shall be removed from the surface of the
topsoil. Subsoil decompaction and topsoil replacement must be avoided after October 1, unless approved
on a site-specific basis by the landowner in consultation with NYSDAM. All parties involved must be
cognizant that areas restored after October lst may not obtain sufficient growth for stabilization to
prevent erosion over the winter months. If areas are to be restored after October 1 st, necessary
provisions must be made to prevent potential springtime erosion, as well as restore any eroded areas in
the springtime, to establish proper growth. Excess stripped topsoil shall be evenly spread in the adjacent
project areas, or adjacent agricultural areas (within the LOD), however, not to significantly alter the
hydrology of the area.
• In all continued use agricultural areas where the topsoil was not stripped, including timber matted areas,
the EM shall determine appropriate activities to return the area to agricultural use. These activities may
include decompaction, rock removal, and revegetation. Soil compaction should be tested in the affected
areas and the affected area's adjacent undisturbed areas using an appropriate soil penetrometer or other
soil compaction measuring device as soon as soils achieve moisture equilibrium with adjacent
unaffected areas. Compaction tests will be made at regular intervals of distance throughout the affected
areas, including each soil type identified within the affected areas. Soil compaction results shall be
measured with a soil penetrometer not exceeding more than 250 pounds per square inch(PSI),by
Sufficient growth for stabilization should be determined by comparison with unaffected crop production. Annual crops restored after
normal planting window(as determined by the landowner or associated producer)should be stabilized with Aroostook Winter Rye at
the rate of 1501100 lbs.per acre(broad cast/drill seeder).
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Solar Guidelines(Rev. 10/18/2019) NYSDAM
comparing probing depths of both the affected and unaffected areas. Where representative soil density of
the affected area's collective depth measurements present compaction restrictions exceeding an
acceptable deviation of no more than 20% from the adjacent undisturbed area's mean soil density,
additional decompaction may be required to a depth of 18-inches with a tractor mounted deep ripper or
heavy-duty chisel plow. Following decompaction,remove all rocks unearthed from decompaction
activities 4 inches and larger in size from the surface. Revegetation shall be performed in accordance
with the instructions below.
• Seed all agricultural areas from which the vegetation was removed or destroyed with the seed mix
specified by the landowner/agriculture producer or as otherwise recommended in the Department's
fertilizer, lime and seeding guideline:
[https://www.agriculture.ny.�4ov/ap/a�4services/Fertilizer Lime and Seeding Recommendations.pdf].
Soil amendments should be applied as necessary so that restored agricultural areas' soil properties, at
minimum, reasonably reflect the pre-construction soil test results or as otherwise agreed to by the
involved parties to ensure continued agricultural use. All parties must be cognizant that areas restored
after October 1st may not obtain sufficient growth to prevent erosion over the winter months. If areas are
to be restored after October 1 st, necessary provisions must be made to restore and/or re-seed any eroded
or poorly germinated areas in the springtime, to establish proper growth.
Monitoring and Remediation
Project Companies shall provide a monitoring and remediation period of one complete growing season
following the date upon which the desired crop is planted. All projects subject to NYS Public Service Law
Article 10 will provide a monitoring period of two complete growing seasons following the date upon which the
project achieves the establishment of the desired crop.
On site monitoring shall be conducted seasonally at least three times during the growing season(Spring,
Summer, Fall). Monitoring is required to identify any remaining impacts directly associated with the
construction of the project on agricultural lands proposed to remain or resume agriculture production, including
the effects of climatic cycles such as frost action,precipitation and growing seasons to occur, from which
various monitoring observations can be made. NYSDAM expects the Project Company(or its contractor) to
retain the EM for follow-up monitoring and remediation(as needed) in agricultural areas. Monitoring is limited
to the restored agricultural area. Non-project related impacts affecting the restored project area will be discussed
with NYSDAM staff and considered for omission from future monitoring and remediation. The EM is expected
to record the following observations from onsite inspections:'
• Topsoil Thickness and Trench Settling—The EM observations may require small hand dug holes to
observe the percentage of settled topsoil in areas where the topsoil was stripped, or trenching was
performed without stripping topsoil. Observations concerning depth of topsoil deficiencies shall require
further remediation by re-appropriating additional topsoil. Acceptable materials for remediation are:
known areas of native excess topsoil(according to records of project specific excess topsoil disposal
spread within the original LOD) or imported topsoil free of invasive species that is consistent with the
quality of topsoil on the affected site.
s The activities that follow are not necessary for restored agricultural lands on which the farmer or landowner has commenced
activities,including agricultural activities or other use that tend to reverse restoration or create conditions that would otherwise trigger
restoration. Should NYSDAM contend upon inspection that conditions indicate that post-construction restoration activities were
improperly performed or insufficient,NYSDAM may inform the project company and NYSERDA for further investigation and
remediation.
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Solar Guidelines(Rev. 10/18/2019) NYSDAM
• Excessive Rock(>4-inches) - Determined by a visual inspection of disturbed areas as compared to
unaffected portions of the same field located outside the construction area. Observations concerning
excess stone material in comparison to off-site conditions shall require further remediation including
removal and disposal of all excess rocks and large stones.
• Soil Compaction -Project affected agricultural soils should be tested using an appropriate soil
penetrometer or other soil compaction measuring device. Compaction tests will be made at regular
intervals of distance throughout the access or work areas, including each soil type identified on the
affected agricultural areas. Where representative soil density of the affected area exceeds the
representative soil density of the unaffected areas, additional decompaction may be required.
Consultation with NYSDAM staff and the agricultural producer(s) should be conducted prior to
scheduling additional decompaction. If warranted, decompaction to a depth of 18-inches with a tractor
mounted deep ripper or heavy-duty chisel plow. Restoration of displaced topsoil to original depth and
re-establish original contours where possible. Decompaction deep shattering will be applied during
periods of relatively low soil moisture to ensure the desired mitigation and to prevent additional soil
compaction. Oversized stone/rock(Four-inches) material that is uplifted/unearthed to the surface as a
result of the deep shattering will be removed.
• Drainage—The EM shall visually inspect the restored agricultural areas in search of pervasive stunted
crop growth due to seasonal saturation, not previously experienced at the site and not resulting from the
agricultural producer's irrigation management or due to excessive rainfall. Identified areas of stunted
crop growth shall be compared to the nearest undisturbed adjacent areas under a substantially equivalent
terrain and crop management plan. Drainage observations should be evaluated to determine if the
project affected surface or sub-surface drainage during construction or restoration. Project caused
drainage issues affecting or likely to reduce crop productivity of the adjacent areas will have to be
remediated via a positive surface drainage, sub-surface drainage repair or an equivalent.
• Agriculture Fencing and Gates —The EM shall inspect Project associated fencing and gates (installed,
altered or repaired) within the Project's LOD associated with agricultural activities for function and
longevity. The Project Company is responsible during the Monitoring and Remediation Phase for
maintaining the integrity of Project associated fencing and gates.
The Project Company(or its contractor) shall consolidate each applicable growing season's observations into an
annual report during the monitoring period and shall be provided upon request to NYSDAM. Annual reports
should include date stamped photographs illustrating crop growth in comparison with unaffected portions the
agricultural areas.
The EM shall record observations of the establishment of the desired crop and subsequent crop productivity
within restored agricultural areas and shall be evaluated by comparing its productivity to that of the nearest
adjacent undisturbed agricultural land of similar crop type within the same field. If a decline in crop
productivity is apparent the Project Company as well as other appropriate parties must determine whether the
decline is due to project activities. If project activities are determined to be the primary detrimental factor, the
project EM will notify NYSDAM concerning unsuccessful restoration and to potentially schedule a NYSDAM
staff field visit. If project restoration is determined to be insufficient, the Project Company will develop a plan
for appropriate rehabilitation measures to be implemented. NYSDAM staff will review and approve said plan
prior to implementation. Additional monitoring may be required depending on additional restoration activities
needed.
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