HomeMy WebLinkAboutCOC Packet 2023-05-10
DEPARTMENT OF PLANNING
215 N. Tioga St 14850
607.273.1747
www.town.ithaca.ny.us
5/3/2023
TO: Codes and Ordinances Committee:
Rob Rosen, Chair
Bill Goodman
Eric Levine
Eva Hoffmann
Chris Jung
Ariel Casper
FROM: Christine Balestra, Planner
Dan Tasman, Senior Planner
RE: Next Codes and Ordinances Committee Meeting – May 10, 2023
The next meeting of the Codes and Ordinances Committee is scheduled for Wednesday, May
10, 2023, at 5:30pm in the Aurora Conference Room, located in Town Hall at 215 North Tioga
Street. A quorum of the Town of Ithaca Town Board may be present at this meeting. However,
no official Town Board business will be conducted.
The following items are attached:
1. Minutes from the February 15, 2023, COC meeting.
2. Proposed 2023 Codes and Ordinances Committee Work Plan
3. Proposed scope of work for Chapter 234: Subdivision of Land regulations and
complementary sections.
If you cannot attend this meeting, please notify Abby Homer as soon as possible at (607) 273-
1747, or ahomer@town.ithaca.ny.us.
cc: Susan H. Brock, Attorney for the Town
C.J. Randall, Director of Planning
Marty Moseley, Director of Code Enforcement
Abby Homer, Administrative Assistant
Paulette Rosa, Town Clerk (email)
Town Administrative staff (email)
Town Board Members (email)
Town Code Enforcement staff (email)
Town Planning staff (email)
Town Public Works staff (email)
Media
TOWN OF ITHACA CODES AND ORDINANCES COMMITTEE
215 North Tioga Street
Ithaca, New York 14850
(607) 273-1747
PLEASE NOTE: This meeting will be held in person in the Aurora Conference Room, Town Hall,
located at 215 North Tioga Street, Ithaca, NY, with an option for members of the public to
join the meeting via Zoom. The Zoom link is below.
Join Zoom Meeting: https://us06web.zoom.us/j/6750593272
Meeting ID: 675 059 3272
Dial in #: 1(929) 436-2866
Meeting of May 10, 2023– 5:30 P.M.
AGENDA
1. Member comments/concerns.
2. Review minutes from February 15, 2023, COC meeting.
3. Review 2023 Codes and Ordinances Committee Work Plan.
4. Review proposed scope of work for Chapter 234: Subdivision of Land regulations
(existing regulations: https://ecode360.com/8660770).
5. Other business:
• Discuss next meeting date (June 14, 2023); future dates and times.
• Discuss digital packets versus paper mail outs.
• Next meeting agenda.
Town of Ithaca Planning Department
May 3, 2023
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TOWN OF ITHACA CODES AND ORDINANCES COMMITTEE (COC)
Meeting of February 15, 2023 – 5:30 pm
Town Hall Shirley A. Raffensperger Board Room
Minutes
Members Present: In person: Bill Goodman, Chair, Ariel Casper, Eric Levin & Chris Jung. Members
present via Zoom: Eva Hoffmann & Rob Rosen.
Staff Present: Paulette Rosa, Town Clerk; Susan Brock, Counsel; C.J. Randall, Director of Planning;
Marty Moseley, Director of Code Enforcement.
Excused: Christine Balestra, Planner.
Guests: None
Bill called the meeting to order at 5:33 pm, noting the livestream on the town’s YouTube channel and
on Zoom. The agenda was then reviewed. A brief history of the progress of the revised
telecommunications ordinance was given, beginning with committee meetings, research with other
municipalities, consultants, staff, and town attorney input over a two-and-a-half-year process. It was
explained that the next step will be a recommendation by the Codes and Ordinances Committee to
the Town Board. The Town Board will then hold a public hearing, prior to considering final adoption of
the revised telecommunications law.
Public comments (it was noted that several emails had been received and distributed to town board
and committee members):
Via Zoom:
Dennis: noted concerns related to EMF emissions, sensitivities, and health concerns. 1500 ft
setback distance was urged between antennas, homes, day care facilities and schools.
Sheila: Thanked the committee and encouraged children and schools to be protected with
1500 ft. setback from the edge of the property due to the long hours spent on premises.
Irina: encouraged 1500 ft setbacks or as large as possible, noting the City of Ithaca required a
gap in adequate cell phone call (not data) coverage for any variance from the setback distance.
Andrew: thanked the committee, recommended not following unjust 1996 FCC law and
encouraged a setback of 1500-1640 ft setback. Quotes from studies and researchers were
given regarding negative health effects from cell radiation.
Theodora: gave example of high levels of exposures from RF emissions in a home and noted
there is no nationwide environmental monitoring program for these levels or long-term health
effects. Also noted favorable ruling against the FCC the outdated limits for human exposure.
Human exposure needs to be reduced.
David: in favor of 1500-1640 ft setbacks and to make sure the cell call data is a priority in
determining need rather than data coverage.
Marie: encouraged the highest setback distances as possible from homes and schools and
noted that 1500 ft appears to be more than adequate coverage, and the radius map shows
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various possible locations. She asked for reasons why any lower number of setbacks would be
considered and thanked the committee for their work.
Brian: encouraged the greatest setbacks as appropriate.
Adam: recalled 4 of the 6 COC members were in favor of 1500 ft setback at previous meeting
and more convincing arguments have been made to support that setback. He encouraged that
to be considered for the standard to implement.
In Person:
Natalie L: stated she suffers from electro hypersensitivity and recommended 1500 ft setbacks
based on scientific research. She also recommended a procedure to be set up for people with
sensitivities to file grievances in accordance with the ADA for health issues. She referenced
desire to have the City of Ithaca address any proposed project near her home. Bill encouraged
her to keep in touch with the City of Ithaca representatives and clarified that this was a Town
law being discussed.
1. Member comments/concerns: None.
2. Minutes: Ariel moved to approve the December 14, 2022, minutes as presented; Eric
Seconded. All members voted in favor of approval. Eric moved to approve the January 25, 2023,
minutes as presented; Ariel seconded. Ron & Eva abstained, Bill, Ariel and Eric voted in favor of
approval.
3. Continued review of revised draft local law - §270-219 Personal wireless service facilities:
Susan Brock submitted the final set of new telecommunications provisions for the committee to
review.
APPLICATION REQUIREMENTS: No changes to the proposed language.
NOISE: The committee agreed, if feasible, to add the more specific statement provided in the
draft in addition to the suggestion that PWSF’s shall not produce noise in violation with the noise
ordinance; add in “noise from a PWSF shall at no time be audible at the property of any lot (i) zoned
Residential or Conservation, or (ii) on which a dwelling unit exists .”
HEIGHT: Keep the current telecommunications law height language provided in the draft: “If
the proposed height of the telecommunications facility exceeds the permitted height of structures in
the zoning district in which the facility is proposed to be located, notwithstanding any other provisions
of this chapter, a height variance from the Board of Appeals shall also be required.”
VISUAL IMPACT ANALYSIS: the committee did not want to add a balloon test requirement.
RF EMISSIONS: No changes to the proposed additions.
FINDINGS WHERE SITE PLAN IS REQUIRED: No changes to the proposed additions.
REASONABLE DELAYS THAT EXTEND THE SHOT CLOCK: Another term was requested to replace
the “eleventh hour submission” term.
SAFETY/MAINTENANCE: No changes to the proposed additions.
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MISCELLANEOUS: No changes to the proposed additions.
PURPOSE: Include “minimizing the number of facilities used to provide such coverage, avoid
unnecessary, redundant wireless infrastructure. Encourage the co-location of personal wireless
service facilities on existing structures rather than the construction of new support structures .”
INSURANCE: Pollution exclusion needs research; the committee agreed that the overall
insurance provision should be included.
SEVERABILITY: Add in the wording from the current Town of Ithaca Sign Law.
PWSF PERMIT RENEWAL: Town staff will work on a provision about the permit duration and
renewal procedures.
SETBACKS: It was noted that the City of Ithaca has a 250 ft setback and has recently received
multiple variance applications that are currently under consideration. The COC took a vote: five
of the six members of the committee agreed to recommend a 300 ft setback from dwelling
units in the Town of Ithaca. The sixth member recommended getting input from the cell
providers (last provider input was in 2019 and related to the distance between towers). The
1500 ft radius map appeared to be prohibitive; and less visual clutter/impact was noted as a
factor for the 300 ft recommendation.
The few additional changes and clarifications above will be combined w ith all the previous sections and
put into a final formatted version to present to the Town Board. Bill moved to recommend the revised
§270-219 Personal wireless service facilities draft local law the Town Board for consideration; Eric
seconded the motion. All members voted in favor of the recommendation.
4. Other Business: Bill noted this was his last meeting as Chair of the Town of Ithaca Codes and
Ordinances Committee and that Rob Rosen has offered to take over. Bill was thanked for his 15 years
of service on the committee, which worked through many difficult topics and laws under his
leadership.
Next meeting: The March 8, 2023, meeting was cancelled, with two members unable to attend.
The next scheduled meeting is April 12, 2023.
The meeting concluded at 7:33 p.m.
Town of Ithaca Codes & Ordinances Committee
2023 WORK PLAN
Town of Ithaca Code: https://ecode360.com/IT1944
Amending Existing Provisions in Town Code:
➢ HIGHEST PRIORITY: Revise Subdivision of Land Regulations (Town Code 234) for
Consistency with NYS Law (last amended 3-8-1993; on this list since 2007); also examine
complementary Code sections (e.g., 153-3: Fees in lieu of recreational land and Limiting
lateral extensions into County-adopted, State-certified Agricultural Districts) per Comp Plan
Goals LU-1-A; LU-1-C; LU-1-E; MS-3-A)
➢ HIGH PRIORITY: Develop Institutional Zoning (Comp Plan Goals LU-5-A; LU-5-B); retain Site
Plan review for specific projects but consider eliminating bulk / dimensional requirements
➢ Amendments to Town Code Chapter 228: Stormwater Management and Erosion and
Sediment Control – Updates required ensuring the law is consistent with NYS Law (last
amended 2-11-2008; on this list since 2007)
➢ Amendments to the Town Water and Sewer Code – Town regulations pertaining to water and
sewer refer to processes as being the “same as the City of Ithaca.” Town of Ithaca no longer
operates the same as the City of Ithaca. Town Engineers will work with Attorney for the
Town to provide revised language for the Committee to consider (last amended 2-11-2008;
on this list since 2007).
Regulations Completed in 2022:
➢ Amendments to Town Code (Zoning) Chapter 270-219 Telecommunications facilities –
currently under consideration by Town Board
➢ Amendments to Town Code Chapter 144 Energy Code Supplement – adopted January 2023
Regulations in Process:
➢ Amendments to Chapter 272: New Neighborhood Code (in progress since 6-2022) Comp Plan
Goals LU-1-F; LU-1-G
➢ Enactment of Joint City & Town Landmarks Preservation Commission; Code revision; MOU
(in progress since 2021)
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Project: Amendments to Town Code 234 Subdivision of Land
May 3, 2023 DRAFT
1 Project summary
This project will revise the existing Subdivision of Land Chapter (Town Code Chapter 234) to
better align with the 2014 Comprehensive Plan and contemporary best planning practices. This
project involves replacing the current Chapter 234 (link here: Subdivision of Land) with a new
Subdivision code, not just making amendments to the existing law within its existing structure.
The Town’s Subdivision regulations were last comprehensively amended in 1993. Revision has
been included in Codes and Ordinances Committee work plans since 2007. This project was
rated the highest recommended action for the Codes & Ordinances 2023 Work Plan.
Planning Department staff will prepare a draft, a revised draft, and a final draft of the new
subdivision code, in consultation with the Code Enforcement and Zoning Department,
Engineering Department, Public Works Department, and Attorney for the Town.
2 Policy issues
Subdivision review is a technique that controls division of land into smaller lots, layout of lots
and streets, amount and siting of parks and open spaces in a subdivided area, and construction
of related infrastructure.
The Town first adopted subdivision regulations in 1955. In 1993, there was a major update to the
Town’s subdivision regulations. However, that update was built on the earlier foundation of the
1955 code. Much of the current code was drafted before the Town adopted its current policies
and plans. Increasingly, the code may not provide an effective and efficient response to many
anticipated development issues.
The draft code that results from this project will address and help implement numerous goals
and recommendations in the 2014 Comprehensive Plan; 1996 Parks, Recreation, and Open
Space Plan, and 2012 Agricultural and Farmland Preservation Plan.
Work will also include examination of complementary Code sections (e.g., Chapter 230: Streets
and Sidewalks; Section 153-3: Fees in lieu of recreational land.)
The Project is also intended to address the following, including but not limited to:
• Absence of an administrative review process for simple actions that don’t create new lots.
• Absence of regulations addressing lot shape, efficient land use, future development
potential, and minimum development density.
• Counting the access strip or “pole” on a flag lot as part of lot area.
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• Street layout requirements that allow long cul-de-sacs, and long distances between
intersecting streets inside a subdivision, with limited provisions for connectivity.
• Current subdivision provisions do not define or provide guidance for road infrastructure or
higher housing densities than under conventional zoning; benefits to the Town (as
compared to conventional subdivision) should be re-evaluated and enhanced.
• No criteria for the quality, siting, or form of open space in conventional and cluster
subdivisions.
• Allowing cluster subdivision in the form of frontage lots.
• Current requirements are 10% open space required for cluster subdivisions with a parcel
with at least 10,000 sq ft of open space; conventional residential subdivisions require
parkland only if the Planning Boards finds a need for it.
• Allowing (and sometimes encouraging) private roads.
• No design or constructions standards for private roads.
• Absence of phasing and vesting timeframes.
• Spell out needed improvements (roads, utilities, etc.) or a financial guarantee to assure
infrastructure completion, which the Town routinely requires per NY Town Law requirements.
As well as addressing recommendations of adopted plans, and following contemporary best
planning practice, the draft code may also include provisions for the following missing aspects
of the Town’s current subdivision regulations.
• Clearer criteria for what types of land division actions need a certain approval process.
• An administrative review process for lot line adjustment, lot line consolidation, lot
creation for utilities, infill subdivision that meets certain criteria, and exempt subdivisions.
• Discretionary review for subdivision along collector and arterial roads, and areas of
scenic importance, where development has the most impact on rural character.
• Recommended design sequence for different subdivision forms (conventional,
cluster/conservation, etc.).
• Requirements for an efficient land division pattern that won’t undermine future
development potential.
• Lot shape requirements.
• Consideration of flag lots; situations that allow their use, bans on stacking or
neighboring flag lots, etc.
• Required alternatives to frontage development along collector and arterial roads in rural
and agricultural areas. I don’t understand what this is for or will accomplish. Maybe more
information to better understand the topic?
• Buildout plans for subdivisions that are platted for development at a much lower density
than what current or anticipated zoning allows.
• Buildout plans for agricultural lot splits, to ensure the parent or remnant lot is large
enough to support a viable agricultural operation.
• Lot size averaging, which allows lot sizes to vary from code minimums and maximums if
the average falls in an acceptable range; Planning Board may allow deviation from
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height, bulk, area, depth, frontage, and other requirements if authorized by the Town
Board.
• Consider limiting lateral extensions into County-adopted, State-certified Agricultural
Districts.
• Placing a higher priority on conservation in the Town’s rural and exurban areas, and
recreation in suburban and urban areas.
• Standards for open space; amount, siting, shape, function, accessibility, connectivity,
street frontage, overall quality, and the like.
• Identify protocol for street naming.
• Requirements for private roads; situations that allow their use, imposing the same
construction and design standards as for public roads, conditions for Town dedication,
and the like.
• Ownership of private roads.
• Prohibition of gated subdivisions.
• Topsoil preservation.
• Reference street and infrastructure construction specifications.
• Spell out current Town practice per NY Town Law requirements for complete
improvements (roads, utilities, parks / open space, etc.), or surety (performance bond,
etc.) covering the cost of all improvements, before final plat approval and recording.
• Phasing process and timeframes.
• Vesting timeframes.
• Graphics that visually describe and clarify regulations.
• User-friendly organization and layout.
3 Resources
Anticipated impact on Town Resources: All Planning staff; Attorney for the Town; select Code
Enforcement and Zoning Department, Engineering Department, and Public Works Department
staff as assigned.
Codification visual / graphics standards may require professional services from General Code or
other but most will be completed in-house by Senior Planner; any professional services will be
acquired in accordance with the Town of Ithaca Procurement Policy and budget process.
4 Key deliverables
The outcome of this project will be the draft of a new subdivision code that replaces Town Code
Chapter 234, ready for Town Board review and potential approval.
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Provisions in the draft code will be organized in such a way that allows the resulting subdivision
regulations to be integrated into, or become part of a future unified development code, with
few changes.
4 Tasks and proposed committee schedule
Draft requirements defined and documented; project kickoff – May 10, 2023 COC meeting
Visioning process and conceptual storyboard development – Planning staff presentation and
study session – June 14, 2023
Identify stakeholders and schedule interviews – July 2023
Discuss potential public engagement process; finalize this scope of work and schedule; clarify
roles and responsibilities – July 12, 2023
Develop stakeholder and public engagement strategies
Stakeholder interviews – August 2023
Interim deliverable review
• Initial draft (Q3; 9/13/2023); internal review cycle 10/2023
• revised draft (Q4; 11/8/2023); internal review cycle 11/2023 to 1/2024
• final draft (Q1; 2/14/2024); final internal review cycle 3/2024
• Draft Local Law suitable for Town Board adoption; completed environmental review;
updated application forms and OpenGov processes – June 12, 2024
Public engagement
• Planning staff to discuss and recommend public engagement activities including all
public meetings, notices, workshops, online engagement, and other outreach tools
# # #
Version Control
1.0 – Planning Department