HomeMy WebLinkAboutPC Packet 2023-11-16
PLANNING DEPARTMENT
215 N. Tioga St 14850
607.273.1747
www.town.ithaca.ny.us
TOWN OF ITHACA PLANNING COMMITTEE
THURSDAY, NOVEMBER 16, 2023 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
https://us06web.zoom.us/j/6750593272.
AGENDA
1. Persons to be heard.
2. Committee announcements and concerns.
3. Consider approval of September meeting minutes.
4. Continue discussion of potential historic preservation program and continue review of
proposed draft City/Town of Ithaca Landmarks Preservation Law/Ordinance.
5. Update: East Shore Drive Pedestrian and Bicyclist Safety Corridor Project public
information session.
6. Staff updates and reports.
7. Discuss next meeting date and upcoming agenda items.
A quorum of the Ithaca Town Board may be present, however,
no official Board business will be conducted.
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Town of Ithaca Planning Committee
Thursday, September 21, 2023
(3:00 PM Aurora Conference Room and on Zoom)
Draft Minutes
Committee members: Rich DePaolo, Chair; Rod Howe & Margaret Johnson
Board/Staff members: Director of Planning C.J. Randall & Senior Planner Mike Smith, Town Civil Engineer
Justin McNeal; Director of Codes Marty Moseley.
Guests: none
1. Persons to be heard: None
2. Committee announcements and concerns: Margaret asked if the Town of Ithaca Transportation plan
update could be revisited as mentioned for the Fall, possibly at the next meeting? Rich noted this will be worked
in with the Planning Department along with the grant projects, code and development reviews; however,
immediate action may not be feasible with the current workload and resource allocation within the department.
C.J. added that the Safe Streets for All (SS4A) project is under way and the federal contract for the grant project
is with the City of Ithaca currently for review and execution is anticipated soon.
She was asked if reviewing the town’s transportation plan should be done at the same time as this project or
after the project is complete to see what emerges from that study? C.J. replied that the process is underway for
developing the Planning Department’s 2024 Work Plan as well as work plans for the Town’s Codes &
Ordinances Committee and Planning Committees, respectively. The last quarter of the year is a good time to
review the outstanding items and she thanked Margaret for bringing it back up.
3. Approval of August meeting minutes: Rod moved; Rich seconded. The August 17, 2023, minutes were
approved as presented.
4. Discuss and consider recommendations for the 8-yr review of Tompkins County Agricultural District
#2. Senior Planner Mike Smith briefly summarized the two proposed changes to the Tompkins County
Agricultural District #2 that is within the Town of Ithaca on Westhaven Road. The parcels to be removed are
now residential homes on small lots and the other is a Town wooded preserve with trails, neither have a future
in farming therefore it is proposed to remove them. The action of this committee is a recommendation to the
Town Board for consideration. There were no objections raised by committee members and a favorable
recommendation was made. It was noted that the County action would likely include landowner notification of
the proposed changes as well.
5. Staff updates and reports. C.J. asked Mike to update the committee on the town conservation easement
inspection/annual monitoring walks. Two of the three have taken place and no issues were noticed and the last is
expected next week. A report would be prepared and sent to the Town Board and other places. Next Friday,
10/29 1:30 PM, the Town Board Farm tour will take place; Marshy Gardens at the Soil Factory, Earlybird Farm,
and Shalebrook Farm are the three stops.
C.J. updated the committee on the following items:
*Attendance at a September 13th housing taskforce meeting with the County Chamber of Commerce
and other agencies to look at policy and communication, advocacy, funding and capacity
2
development, infrastructure, land use and zoning to come up with a scope for stakeholders to help
mobilize and navigate additional housing in the county. She will keep the planning committee
updated.
*Hayt’s Chapel and Schoolhouse Preservation Plan: the comments received back from the review
from the City Historic Preservation and Planning representative were discussed internally and
appeared to be able to be addressed with the inspection process. The zoning overlay change is still
moving forward with town board action and then to the planning board for special permit
consideration.
The 3rd potential applicant for this zone has not been in contact with the planning department with
any further plans. C.J. noted reaching out in August to the current property owner offering assistance
if needed.
*Cornell real estate commercial offering of parcel(s) within the town in the Arrowood/Tareyton Drive
area. A developer with a pending purchase offer reached out to the town public works department for
water and sewer availability. In June, the Town Engineering department issued a letter addressing the
water availability. The neighborhood attended the planning board meeting with concerns of potential
residential development. At the September 19th Planning Board meeting, C.J. noted that all large-scale
development plans with rezoning would begin with staff and department meetings, planning
committee consideration for any proposed re-zoning language to recommend to the town board, then
then project would advance to the planning board for approval considerations. The process gives the
public many opportunities to weigh in on any proposed development.
She noted the town website having a brochure available to the public for the re-zoning process which
may be updated with a flow chart for both public understanding and internal workflow consistency.
Rich mentioned hearing that the city common council approved a one-year PILOT program for the
encampments. The town may be hearing more about the proposal and asked to formally comment. Rod will ask
for the adopted map and language when he meets soon with the city.
C.J. noted an additional update on the E. Shore Dr. pedestrian/bicyclist safety feasibility study corridor project.
A new information page has been added to the town’s website for the public to keep updated and find more
information as progress continues. She mentioned reaching out to ICSD to provide information and she offered
the town to co-host any type of information session the school would like to put out to the district. The end
anticipated result of the study will be three different schematic plan alternatives for that corridor to consider
which would hopefully align with the federal TAP funding schedule.
6. Next meeting date and upcoming agenda items: October 19, 2023 3:00 p.m.
The Town of Ithaca Planning Committee meeting concluded at 3:32 pm.
AcTOWNOFITHACAflNEWYORKPLANNINGDEPARTMENTMEMOTo:PlanningCommitteeMembersFrom:C.J.Randall,DirectorofPlanningDate:November9,2023RE:EstablishmentofhistoricpreservationprogramPleasefindattachedbothanInitialDraftIntermunicipalAgreementRegardingJointIthacaLandmarksPreservationCommissionaswellasadraftMunicipalCodechapterforLandmarksPreservationforboththeCityandTownofIthaca.TheCommitteeisexpectedtobeginareviewoftherespectivedraftsattheNovember16,2023PlanningCommitteemeeting.TheTownhasbeenindiscussionswiththeCityofIthacatoexploringideasforajointLandmarksPreservationCommissionandcreationofahistoricpreservationprogramsincemid-2020.BryanMcCracken,CityofIthacaHistoricPreservationandNeighborhoodPlannerandSecretaryfortheIthacaLandmarksPreservationCommission,hasworkedwithCitystafftodevelopanewlawthatcombinestheCity’stwoLandmark’srelatedlaws(Ch.73andCh.228)createsalaw/ordinancethatwouldbeapplicabletobothmunicipalitiesandwhichincludeslanguagefromthestate’smodellaw.Thecombinedlaw—whichisincludedintheagendapacket—addressesboththeestablishmentandrulesforthejointcommissionandthestandards/requirementsfordesignatingandprotectinghistoricallandmarks.AnOctober14,2021webinaronthebenefitsofhistoricpreservation,asharedTownandCityhistoricpreservationprogram—includingcreationofaprocessforidentifyinganddesignatingsignificanthistoricpropertiesanddistricts—andformationofajointCityandTownofIthacaLandmarksPreservationCommissionislinkedhere:https://www.youtube.com/watch?v=FSEAJKIjNwU,Pleasecallmeat(607)273-1721ext.120oremailmeatcjrandall@town.ithaca.ny.usifyouhaveanyquestions.
JOINT CITY/TOWN ITHACA LANDMARKS PRESERVATION COMMISSION – ANTICIPATED NEXT STEPS
AND APPROXIMATE TIMELINE
1. Landmarks Ordinance/Law Adoption (City/Town) (4-6 months; 4-6 hours/week)
• (City/Town) adopt the same ordinance/law establishing a preservation program in the Town and
creating the Joint Commission
o (City/Town) Public outreach for new/revised ordinance/law
o (City only) Revised ordinance review by ILPC and Joint Commission working group
o (City only) Revised ordinance review by PEDC and CC
o (Town only) Revised law review by Planning Committee and Town Board
o (Town) Identify and coordinate appointment of Town Commission members (2)
• (City only) Coordinate SHPO review of revised Landmarks Ordinance as required by Certified
Local Government (CLG) program
2. Certified Local Government Application (Town only) (1-2 months post local law adoption; 2-3
hours total)
• Coordinate the Town’s application to become a Certified Local Government
o Complete application and collect documentation
o Submit application to SHPO for review and approval
3. Historic Resource Identification and Designation (Town only) (Ongoing; 1-4 hours/week)
• Evaluate existing documentation for identified historic resources
• Prepare nomination and designation materials for identified historic resources
• Conduct public outreach around proposed historic district and individual landmark nominations
• Coordinate the review of nominations by the Landmarks Preservation Commission
• Apply for and administer grant funding (CLG, PreserveNY, etc) to survey potentially historic
resources
4. Design Review of Designated Historic Resources (Town only) (Ongoing; 2-4 hours/week)
(Applicable after the Town designates historic resources; Highly dependent on the volume of
Building Permit Applications/Certificate of Appropriateness Applications submitted for
designated properties.)
• Review and approved project meeting criteria for a staff-level review
• Coordinate review of projects requiring a Certificate of Appropriateness from the Landmarks
Preservation Commission
Chapter 228, Landmarks Preservation, of the Municipal Code of the
[City/Town] of Ithaca
§ 228-1 Title
This chapter shall be known and may be cited as the
“(Town/City) of “Ithaca Landmarks Preservation Ordinance.”
§ 228-2. Purpose.
The purpose of this chapter is to:
A. Promote the educational, cultural, economic, and general
welfare of the public through the protection, enhancement and
perpetuation of buildings, structures, landscape features,
archeological sites, and districts of historic and cultural
significance.
B. Safeguard the [city’s/town’s] historic, aesthetic, and
cultural heritage as reflected in such buildings, structures,
landscape features, archeological sites, and districts.
C. Protect the value of historic resources and their owners’
investment in them, and stabilize historic neighborhoods.
D. Foster civic pride in the legacy of beauty and achievements of
the past.
E. Protect and enhance the [city’s/town’s] attractiveness to
tourists and visitors and the support and stimulus to the
economy thereby provided.
F. Strengthen the economy of the [city/town].
G. Promote the use of buildings, structures, landscape features,
archeological sites, and districts of historic and cultural
significance as sites for the education, pleasure, and welfare
of the people of the [city/town].
H. Insure the harmonious, orderly, and efficient growth and
development of the [city/town].
I. Address the impacts of climate change and promote
sustainability initiatives by encouraging the continued use
and/or adaptive reuse of the existing built environment,
reducing material waste, and capturing embodied carbon.
§ 228-3 Ithaca Landmarks Preservation Commission
A. To effectuate the goals this chapter, there is hereby
established in and for the City of Ithaca (“City”) and Town
of Ithaca (“Town”) a Commission to be known as the "Ithaca
Landmarks Preservation Commission" (“Commission”).
B. The Commission shall have the powers and duties described in
this chapter with respect to both properties designated
under this chapter located entirely within the boundaries of
the City (“City Historic Resources”) and located within the
boundaries of the Town (“Town Historic Resources”).
C. With the exception of the powers and duties granted to the
Commission under this chapter, this chapter shall not be
construed to create any power or obligation for the City or
any of its officials, officers, appointees, or employees to
take any action with respect to a Town Historic Resource or
to assume any liability relating to a Town Historic
Resource, nor shall this chapter be construed to create any
power or obligation for the Town or any of its officials,
officers, appointees, or employees to take any action with DRAFT
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respect to a City Historic Resource or to assume any
liability relating to a City Historic Resource.
§228-4 Membership, Appointment, and Compensation.
A. Membership. The Commission shall consist of seven members
plus two alternates, all of whom shall possess a
demonstrated significant interest in and commitment to the
field of historic preservation as evidenced by their
involvement in a local, state, or national historic
preservation group; employment; education; or volunteer
activity in furtherance of historic preservation.
B. Appointment. Members of the Commission shall be appointed
as follows:
1. Five members shall be appointed by the Mayor with
the advice and consent of the Common Council.
2. Two members shall be appointed by the Town
Supervisor with the advice and consent of the Town
Board.
3. Three Commission members shall possess professional
qualifications evidencing expertise in historic
preservation, history, architecture, landscape
architecture, city planning, or building
construction. Two such members shall be appointed by
the Mayor as provided in subsection 1 above and one
such member shall be appointed by the Town
Supervisor as provided in subsection 2 above.
4. In appointing the remaining members, preference
shall be given to individuals who reside within
locally designated historic districts or landmarks,
and/or who possess demonstrated expertise in a
commercial or business activity, including, but not
limited to, banking, real estate, construction, or
law.
5. Two alternates shall also be appointed: one by the
Mayor as provided in subsection 1 and one by the
Town Supervisor as provided in subsection 2.
Alternate members shall have any of the
qualifications outlined in subsection 3 or 4.
C. Terms. The members of the Commission shall serve three-year
terms. The initial terms of the members of the Commission
following the effective date of this Chapter shall be two
for one year, two for two years and three for three years
from the January following the year of such appointment, or
until their successor is named to serve out the unexpired
portion of their term of appointment, or until their
successor is appointed to serve for a term of three years
following the expiration of the initial term. The Town
shall appoint one member for an initial two-year term and
one member for an initial three-year term; the remaining
members shall be appointed by the City.
D. Vacancies. Vacancies occurring in the Commission other than
by expiration of term of office shall be filled by
appointment by the Mayor or Town Supervisor, depending on
the original appointment process for the vacated seat. Such DRAFT
3
appointment shall be only for the unexpired portion of the
term of that member.
E. Reappointment. Members may serve for more than one term,
and each member shall serve until the appointment of a
successor or until the resignation, incapacity, or death of
the member.
F. Method of selection to fill vacancies. Vacancies occurring
by expiration of term of office shall be filled by the
Mayor or the Town Supervisor, depending on the original
appointment process for the vacated seat, as provided in
subsection B.
G. Compensation. Members shall serve without compensation.
H. Quorum. A simple majority of the duly appointed and serving
members of the Commission shall constitute a quorum for the
transaction of business. Vacant seats shall not be
considered when calculating the number of members necessary
for a quorum. Notwithstanding the foregoing, at least three
members must be present to constitute a quorum. A member’s
absence or inability to attend shall not be considered a
vacancy for the purposes of determining a quorum.
§228-5 Organization.
A. Officers. The Landmarks Preservation Commission shall elect
from its membership a Chairperson and a Vice Chairperson
whose terms of office shall be fixed by the Commission, but
in no event shall exceed the term of their appointment to
the Commission. The Chairperson shall preside over the
Commission and shall have the right to vote. The Vice
Chairperson shall, in cases of absence or disability of the
Chairperson, perform the duties of the Chairperson.
B. Alternates. The Chairperson, or in their absence, the Vice-
chairperson, shall designate an alternate to serve when a
regular member is faced with a conflict of interest or is
unable to attend a meeting. When so designated, the
alternate shall possess all the powers and responsibilities
of the regular member. Alternates shall be designated at
the time of their appointment as “City Alternate” and “Town
Alternate” and shall be designated to serve on a rotating
basis beginning with the City Alternate. If an alternate is
unable to attend or has not been appointed, the other
alternate shall instead be designated. If two regular
members face a conflict or are unable to attend, both
alternates may be designated.
C. Secretary. The Director of Planning and Development for the
City of Ithaca or their designee shall serve as the
Secretary to the Commission. The Secretary shall keep a
record of all resolutions, proceedings, and actions of the
Commission, and shall have the authority to act as provided
for in [§228-17C of the City Municipal Code/Town Law].
§228-6 Training and attendance requirements
A. Each member of the Commission shall complete, at a minimum,
four hours of training each year relating to historic
preservation or the other duties of the Commission. Training
received by a member in excess of four hours in any one year DRAFT
4
may be carried over by the member into succeeding years in
order to meet this requirement, except that no previously
completed training shall carry over beyond the expiration of
a member’s appointed term. Such training may include, but
not be limited to, training or relevant substantive
programming, including conferences, speeches and other
presentations, as provided by a municipality, regional or
county planning office or Commission, county planning
federation, state agency, statewide municipal association,
college, recognized preservation-focused organization, or
other similar entity. Training may be provided in any
format, including but not limited to electronic media, video
or teleconference, distance learning, and traditional
classroom training.
B. Each member shall keep a record of their completed trainings
and shall provide a copy of said record to the Secretary of
the Commission annually or upon request.
C. To be eligible for reappointment to the Commission, a member
shall have completed the required number of hours of
training.
D. No decision of the Commission shall be voided or declared
invalid because of one or more members’ failure to comply
with this subdivision.
§228-7 Powers and Duties.
The powers of the Commission shall include:
A. Adoption of criteria for the identification of significant
historic, architectural, and cultural landmarks and for the
delineation of historic districts;
B. Conduct of surveys of significant historic, architectural,
and cultural landmarks and historic districts within the
City and Town;
C. Recommending designation by Common Council and/or the Town
Board of identified structures or resources as landmarks
and historic districts;
D. Adoption of criteria for the evaluation of applications for
a Certificate of Appropriateness;
E. Approval or disapproval of proposals for exterior change
resulting from applications for a Certificate of
Appropriateness pursuant to this chapter;
F. Approval or disapproval of applications for a Finding of
Economic Hardship pursuant to this chapter;
G. Making recommendations to the City and Town concerning the
acquisition of preservation easements or other interests in
real property as necessary to carry out this chapter;
H. Increasing public awareness of the value of historic,
cultural, and architectural preservation by developing and
participating in public education programs;
I. Making recommendations to the City and Town concerning the
utilization of state, federal, or private funds to promote
the preservation of landmarks and historic districts within
the City and Town;
J. Recommending acquisition of a landmark structure by the
City or Town where its preservation is essential to the DRAFT
5
purposes of this chapter and where private preservation is
not feasible;
K. Preparing a report or recommendation to other municipal
boards and committees regarding plans and proposals that
could have an impact on designated or potentially eligible
individual landmarks and/or historic districts;
L. Delegation of work to staff and professional consultants as
necessary to carry out the duties of the Commission, within
the budget provided therefore by the City and Town.
§228-8 Promulgation of Rules; Meetings.
The Commission shall adopt rules for the transaction of its
business, which shall provide for the time and place of
holding regular meetings. Regular meetings shall be held at
least once each month. The Commission’s rules shall provide
for the calling of special meetings by the Chairperson or by a
majority of the duly appointed and serving members of the
Commission. All regular or special meetings of the Commission
shall be open to the public, and any person shall be entitled
to appear and be heard on a matter before the Commission
before it reaches its decision.
§228-9 Records and Annual Report.
The Commission shall keep a record, which shall be open to the
public view, of its resolutions, proceedings, and actions. The
vote or failure to vote of each member shall be recorded. The
concurring affirmative vote of a majority of those members
present shall constitute approval of plans before the
Commission for review or for the adoption of any resolution,
motion, or other action of the Commission. Notwithstanding the
foregoing, a minimum of three affirmative votes shall be
required to constitute approval of plans before the Commission
for review or for the adoption of any resolution, motion, or
other action of the Commission. The Commission shall submit an
annual report of its activities to the City Manager, Common
Council, Town Supervisor, and Town Board and make such
recommendations to the Common Council and Town Board as it
deems necessary to carry out the purposes of this chapter.
§228-10 Committees.
The Commission may, by rule, establish permanent or ad hoc
committees consisting of no fewer than three current members
of the Commission for assignments delegated by the full
Commission.
§228-11 Cooperation of Municipal Departments.
As an aid toward cooperation in matters which concern the
integrity of the designated landmarks and historic districts,
all [City/Town] departments shall, upon request, furnish to
the Commission, within a reasonable time, the available maps,
plans, reports, and statistical or other information the
Commission may require for its work.
§ 228-12. Designation of Individual Landmarks and Historic Districts DRAFT
6
The Commission is responsible for recommending to Common Council and
the Town Board the designation of identified structures or resources
as individual landmarks and historic districts as herein defined
(collectively, “historic resources”) within the City and Town. The
final decision to designate or not to designate a recommended
structure or resource shall be at the sole discretion of the
governing body of the municipality in which the structure or
resource is located. All designations shall be located such that
every historic resource shall be either a City Historic Resource or
a Town Historic Resource, but not both.
A. Individual Landmark: The Commission may recommend such
designation of an individual property if it:
1. Possesses special character or historic or aesthetic
interest or value as part of the cultural, political,
economic, or social history of the locality, region,
state, or nation; or
2. Is identified with historically significant person(s) or
event(s); or
3. Embodies the distinguishing characteristics of an
architectural style; or
4. Is the work of a designer whose work has significantly
influenced an age; or
5. Represents an established and familiar visual feature of
the community by virtue of its unique location or
singular physical characteristics.
B. Historic district: The Commission may recommend such
designation of a group of properties as an historic district
if the group:
1. Consists primarily of properties which meet one or more
of the criteria for designation as an individual
landmark; and
2. Constitutes a distinct section of the municipality by
reason of possessing those qualities that would satisfy
such criteria.
C. Recommendations for designation of individual landmarks and
historic districts must be accompanied by such historical and
architectural information as may be required to make an
informed recommendation.
§ 228-13. Notice and Hearing Requirements for Proposed Designations
A. Notice of a proposed designation shall be sent to the owner(s)
of the property or properties proposed for designation,
describing such property, or for a district, the proposed
district boundary, and announcing a public hearing by the
Commission to consider the designation. Notice shall also be
published at least once in the [City’s/Town’s] official
newspaper at least 15 days prior to the date of the public
hearing.
B. Once the Commission has issued official notice of a proposed
designation, no building permits or demolition permits shall
be issued by the appropriate municipality until said proposed
designation has been acted upon by Common Council or the Town
Board, as applicable, but in any event no longer than 90 days DRAFT
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after completion of the public hearing required by subsection
C below, unless:
1. The permit is for work that is of an emergency
nature, as determined by the [Director of Planning and
Development or Director of Code Enforcement or Fire
Chief/Town Equivalents], as applicable, or
2. The property owner voluntarily complies with the
Certificate of Appropriateness review process.
C. The Commission shall hold a public hearing prior to
designation of any proposed historic resource. Notice of the
public hearing shall be published at least once in the
[City’s/Town’s] official newspaper at least 15 days prior to
the date of the public hearing. The notice shall specify the
time and place of the public hearing, a brief description of
the proposed designation, and the location where the proposal
may be reviewed prior the hearing. The Commission, property
owners, and any interested parties may present testimony or
documentary evidence at the hearing which will become part of
a record regarding the historic, architectural, or cultural
importance of the proposed historic resource. The record may
also contain staff reports, public comments, expert testimony,
or other evidence offered outside of, but prior to, the
hearing.
D. Within seven days after it has recommended designation of a
proposed historic resource, the Commission shall file a copy
of such recommended designation with the [Planning and
Development Board/Town equivalent] and with the [Common
Council/Town Board].
E. Within 60 days of the Commission recommending designation, the
[Planning and Development Board/Town equivalent] shall file a
report with the [Common Council/Town Board] with respect to
the relation of such proposed designation to the Comprehensive
Plan, the zoning laws, projected public improvements, and any
plans for the renewal of the site or area involved.
F. The [Council/Board] shall, within 90 days of said
recommendation of designation, approve, disapprove, or refer
the proposed designation back to the Commission for
modification. The [Council's/Board’s] review shall be based on
the record that was before the Commission, the report of the
[Planning and Development Board/town equivalent], and the
designation criteria contained in this chapter. The
[Council/Board] shall set forth in writing its specific
reasons for approval or disapproval.
G. Any designation approved by the [Council/Board] shall be in
effect on and after the date of approval by the
[Council/Board]. The Commission shall forward notice of each
property designated as a historic resource and the boundaries
of each designated historic district to the [Director of
Planning and Development or the Director of Code
Enforcement/town equivalents], and to the [City/Town] Clerk
for recordation.
§ 228-14. Certificate of Appropriateness for Alteration, Demolition,
or New Construction Affecting Historically Designated Properties. DRAFT
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As set forth in §228-7, the Commission is responsible for the
approval or disapproval of proposals for exterior changes to a
designated historic resource. A Certificate of Appropriateness
or Finding of Economic Hardship from the Commission, approval
by the Commission’s Secretary pursuant to §228-17C, or order
of the [Director of Planning and Development, or Director of
Code Enforcement, Superintendent of Public Works, or Fire
Chief/town equivalents] pursuant to §228-23 must be obtained
prior to:
A. Undertaking any exterior alteration, restoration,
reconstruction, demolition, new construction, or moving of
an individual landmark or property within a historic
district; or
B. Making any change in the exterior appearance of such
property, its site, its light fixtures, signs, sidewalks,
fences, steps, paving, or other exterior elements.
Any alteration made in the absence of such required approvals
must be reviewed retroactively by the Commission, applying the
criteria for approval set forth in §228-16 and §228-20 as
though the work had not yet been completed. All changes to
property owned by the City or Town affecting a historic
resource shall be subject to the provisions of this ordinance.
§228-15. Temporary Improvements.
No Certificate of Appropriateness is required for temporary
improvements. Temporary improvements are those that will be
in place for no more than 180 consecutive days and result in
no permanent physical alteration of the structure or site.
§228-16. Criteria for Approval of a Certificate of Appropriateness.
A. The Commission shall approve the issuance of a Certificate of
Appropriateness only if it determines that the proposed work
will not have a substantial adverse effect on the aesthetic,
historical, or architectural significance and value of either
the historic resource, or if the proposed work is within a
historic district, of the neighboring properties in such
district.
B. In making this determination, the Commission will be guided by
the federal Secretary of the Interior’s Standards for
Rehabilitation or any successor document thereto adopted by
the federal government, and by the following principles:
1. The historic features of a historic resource shall be
altered as little as possible and any alterations made
shall be compatible with the historic character of the
property.
2. The historic features of a property located within, and
contributing to the significance of, an historic
district shall be altered as little as possible and any
alterations made shall be compatible with both the
historic character of the individual property and the
character of the district as a whole.
3. New construction located within an historic district
shall be compatible with the historic character of the
district within which it is located. DRAFT
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C. In applying the principle of compatibility set forth above,
the Commission shall consider the following factors:
1. the general design and character of the proposed
alteration or new construction relative to existing
features of the property;
2. the scale and visual compatibility of the proposed
alteration or new construction in relation to the
property itself, surrounding properties, and the
neighborhood;
3. texture, materials, and color, and their relation to
similar features of the property and other properties in
the neighborhood;
4. visual compatibility with surrounding properties,
including the proportions of the property’s façade;
proportions and arrangement of windows, doors, and other
openings; roof shape; and rhythm of spacing of
properties along the street, including set-backs; and
5. the importance of historic, physical, and visual
features to the significance of the property.
D. In passing upon an application for a Certificate of
Appropriateness, the Commission shall not consider changes to
interior spaces or to exterior paint colors.
E. In cases of a retroactive review of completed work, the
Commission may approve any portion of the completed project that
is found to meet the criteria for approval enumerated in §228-25
while referring to the Office of the [City/Town] Attorney for
potential prosecution any portion of the project that does not
meet such criteria for approval.
§228-17. Certificate of Appropriateness Application Procedure.
A. Prior to the commencement of any work requiring a Certificate
of Appropriateness, the owner shall file an application for a
building permit with the [Building Division/Building and
Zoning Department] and an application for such Certificate
with the Commission. The application, available on the
[City’s/Town’s] website and through the [Department of
Planning & Development/town equivalent], shall contain:
1. Building permit application number, as assigned by the
[Building Division/Building and Zoning Department]
2. Name, mailing address, email address, and telephone
number of the applicant;
3. Location and photographs of the property;
4. Elevation drawings of proposed changes, if available;
5. Perspective drawings, including relationship to
adjacent properties, if available;
6. Samples of building materials to be used, including
their proposed color;
7. Where the proposal includes signs or lettering, a scale
drawing showing the type of lettering to be used, all
dimensions and colors, a description of materials to be
used, method of illumination, and a plan showing the
sign’s location on the property; and
8. Any other information that the Commission may deem
necessary in order to visualize the proposed work. DRAFT
10
B. No building permit shall be issued for the proposed work until
a Certificate of Appropriateness has first been issued by the
Commission. The Certificate of Appropriateness required by
this chapter shall be in addition to and not in lieu of any
building or other permit that may be required by any other
ordinance of the [City/Town] of Ithaca.
C. The Commission may delegate to the Commission’s Secretary the
authority to:
1. Determine whether proposed work constitutes ordinary
maintenance and repair for which a Certificate of
Appropriateness is not required;
2. Approve work that is considered replacement-in-kind;
3. Approve work that is of any other type that has been
previously determined by the Commission to be
appropriate for delegation to staff, as reflected in
the City of Ithaca Landmark and Historic District
Design Guidelines or other guidelines from time to time
adopted by the Commission.
At least two times each year, the Commission shall review the
Certificates of Appropriateness, if any, issued by the
Commission’s Secretary to determine whether or not the
delegated review responsibilities should continue or their
scope be modified.
D. Upon application for a Certificate of Appropriateness, a
public notice of the proposal shall be posted by the owner or
owner’s representative on the property for a minimum of 10
days. This notice must remain in place until a decision to
approve or deny the Certificate of Appropriateness has been
made. The notice shall specify the proposed work, the time and
place of the public hearing, and to whom and by when any
public comments are to be communicated. The notice must be
placed at or near the property line in the front yard so that
it will be plainly visible from the street, and, in cases
where a property has frontage on more than one street, an
additional sign must be placed at or near the property line on
any additional street frontage so that the sign will be
plainly visible from the street on which it has such
additional frontage.
E. The Commission shall hold a public hearing prior to rendering
a decision on any application for a Certificate of
Appropriateness. Notice of the public hearing shall be
published at least once in the official newspaper of the
municipality in which the property is located at least 5 days
prior to the public hearing. The notice shall specify the time
and place of the public hearing, a brief description of the
proposal, and the location where the proposal may be reviewed
prior to the hearing. The property owner and any interested
party may present testimony or documentary evidence regarding
the proposal at the hearing, which will become a part of the
record. The record may also contain staff reports, public
comments, and other evidence offered outside of the hearing.
F. The Commission shall approve, deny, or approve with conditions
or modifications the Certificate of Appropriateness within 45
days from the completion of the public hearing, except as
noted below. The failure of the Commission to act within 45 DRAFT
11
days from the completion of the public hearing, unless an
extension is mutually agreed upon in writing by the applicant
and the Commission, shall be deemed to constitute approval.
1. In the event, however, that the Commission shall make
a finding of fact that the circumstances of a
particular application require further time for
additional study and information than can be obtained
within the aforesaid 45-day period, then the
Commission shall have a period of up to 90 days from
the date of completion of the public hearing within
which to act upon such an application. No consent of
the applicant shall be necessary for such extension.
2. In the event, however, that environmental review of an
application is required, the Commission shall approve,
deny, or approve with conditions or modifications the
Certificate of Appropriateness within 65 days from the
completion of environmental review. The failure of the
Commission to act within 65 days from the completion
of the environmental review, unless an extension is
mutually agreed upon in writing by the applicant and
the Commission, shall be deemed to constitute
approval.
G. All decisions of the Commission shall be in writing. A copy
shall be sent to the applicant by mail, and a copy filed with
the [Director of Planning and Development/town equivalent] or
[Director of Code Enforcement/Director of Code Enforcement and
Zoning], and the [City/Town] Clerk for public inspection,
within 10 days of the date of the decision. The Commission’s
decisions shall state the reasons for denying or modifying any
application.
§228-18. Expiration of Approval; Extension of Approval
If the construction of a project approved for a Certificate of
Appropriateness has not commenced within twenty-four (24) months
of the date of the approval, such approval shall expire, unless
an extension has been granted by the Commission following a
written request by the applicant. An application for an extension
of Certificate of Appropriateness approval shall not be
considered a new Certificate of Appropriateness application.
§228-19. Early Design Guidance.
A. Large projects that could potentially have a significant
impact on a historic resource are required to participate in
the Early Design Guidance process. The purpose of this
process is to provide input from the Commission on the
design of the project as it relates to criteria for the
approval of a Certificate of Appropriateness at a time when
such input may readily be incorporated into the design
without adversely affecting design costs or the project
schedule.
B. For the purposes of this chapter, large projects are defined
as:
1. New construction in an historic district of any
primary structure, or DRAFT
12
2. New construction of any accessory structure with a
gross square footage of 800 square feet or more in an
historic district, or new construction of any
accessory structure with a gross square footage of
800 square feet or more on the same tax parcel as an
individual landmark when that tax parcel is less than
five acres in size, or new construction of any
accessory structure with a gross square footage of
800 square feet or more on the same tax parcel as an
historic resource when that tax parcel is more than
five acres in size and when the proposed accessory
structure will be located within 150 feet of the
historic resource, or
3. New additions that will increase the existing
footprint of a historic resource or a structure
located within an historic district by 50% or more,
or
4. Any renovation or reconstruction (excluding projects
that involve only the replacement of roof coverings)
that will affect 50% or more of the exterior envelope
of a historic resource or a structure located within
an historic district.
C. Applicants subject to Early Design Guidance shall submit
materials for review by the Commission as soon as the design
has reached a stage of development that would allow the
Commission to understand the basic proposal and its
significant details.
D. Based on the limited information provided, the Commission
will provide general feedback and non-binding
recommendations and comments that might help the applicant
further refine the project prior to submitting an
application for a Certificate of Appropriateness.
§228-20. Criteria for a Finding of Economic Hardship.
A. An applicant whose Certificate of Appropriateness for a
proposed alteration has been denied may apply for relief on
the ground of economic hardship. In order to prove the
existence of economic hardship related to a proposed
alteration, the applicant shall establish that the denial of
a Certificate of Appropriateness will prevent the owner from
earning a reasonable return on investment, regardless of
whether that return represents the most profitable return
possible. In the case of non-profit ownership, the applicant
shall establish that the denial of a Certificate of
Appropriateness will seriously interfere with or prevent the
owner from carrying out its chartered purpose. In either
case the applicant shall establish that the alleged hardship
has not been created by the previous actions or inactions of
any person having an ownership or management interest in the
property after the effective date of local designation.
B. Demolition of a historic resource, or of a structure located
within, and contributing to the significance of, a historic
district, shall be allowed only in cases of economic
hardship, except as provided for in §228-23. DRAFT
13
1. In order to prove the existence of economic hardship
sufficient to justify demolition, the applicant shall
establish to the satisfaction of the Commission that:
a. The denial of the Certificate of Appropriateness will
prevent the owner from earning a reasonable return on
investment, regardless of whether that return
represents the most profitable return possible; and
b. The property cannot be adapted for any other use,
whether by the current owner or by a purchaser, which
would result in a reasonable return on investment;
and
c. Diligent efforts to find a purchaser interested in
acquiring the property and preserving it have failed;
and
d. The alleged hardship has not been created by the
previous actions or inactions of any person having an
ownership or management interest in the property
after the effective date of local designation.
2. Or, in the case of non-profit ownership of the
historic resource, that:
a. The denial of the Certificate of Appropriateness will
either physically or financially prevent or seriously
interfere with the non-profit owner carrying out its
chartered purpose;
b. The property cannot be adapted for any other use that
would result in the non-profit owner being able to
carry out its chartered purpose; and
c. The alleged hardship has not been created by the
previous actions or inactions of any person having an
ownership or management interest in the property
after the effective date of local designation.
§228-21. Economic Hardship Application Procedure.
A. After the Commission has denied a Certificate of
Appropriateness, an applicant may commence the economic
hardship process. Consideration of an application for a
Finding of Economic Hardship may occur at the same meeting
as consideration of an application for a Certificate of
Appropriateness. No building permit or demolition permit
shall be issued unless the Commission determines that an
economic hardship exists and issues a Finding of Economic
Hardship, except in cases where the [Director of Code
Enforcement, Superintendent of Public Works, or Fire
Chief/town equivalents], upon due deliberation, has made an
express finding that the structure presents an imminent
threat to the public health, safety, and welfare.
B. The Commission may hold a public hearing on the hardship
application at which an opportunity will be provided for
proponents and opponents of the application to present
their views.
C. The applicant shall consult in good faith with the
Commission, local preservation groups, and interested
parties in a diligent effort to seek an alternative that
will result in appropriate preservation of the property. DRAFT
14
D. All decisions of the Commission shall be in writing and
shall state the reasons for granting or denying the
requested Finding of Economic Hardship. A copy shall be
sent to the applicant by mail and a copy filed with the
[Director of Planning and Development/Town Equivalent] or
[Director of Code Enforcement/Town Equivalent] and the
[City/Town] Clerk for public inspection within 10 days of
the date of the decision.
E. If a Finding of Economic Hardship is issued, the Commission
shall approve only such work as is necessary to alleviate
the hardship.
§228-22 [City-/Town-]owned Improvements
A. All changes to [City-/Town-]owned property affecting a
historic resource or within a historic district shall be
subject to the provisions of this ordinance, with the
exception of §228-20 and §228-21.
B. If the cost of an action required by the Commission would
exceed by 20% or more the cost of the action if not
regulated by the Commission, the [Common Council/Town
Board] may determine whether compliance with the
Commission’s requirements for that action is prudent and
feasible in light of competing public interests. Should
[Common Council/Town Board] determine, upon due
deliberation, that such compliance would not be prudent and
feasible, the action may proceed as though it were not
regulated by the Commission.
§228-23 Exceptions for Reasons of Public Safety
A. When in the judgment of the [Director of Code Enforcement,
Superintendent of Public Works, or Fire Chief/Town
Equivalents] there exists an emergency condition that poses
an imminent threat to the public health, safety, or
welfare, the [Director of Code Enforcement, Superintendent
of Public Works, or Fire Chief/Town Equivalents] may order
the property owner to immediately undertake temporary work
to correct the defect while a permanent solution is sought
that will satisfy the requirements of Section 228-16.
B. Such temporary work shall remain in place no longer than
180 days. Such 180-day period may only be extended by,
and in the sole discretion of, the [Director of Planning
and Development or Director of Code Enforcement/town
equivalents]. During that time, the owner shall diligently
work to identify and propose to the Commission and
[Director of Planning and Development, as well as the
Director of Code Enforcement, Superintendent of Public
Works, and/or Fire Chief/town equivalents], as applicable,
a permanent solution to adequately address the public
safety concern while satisfying the requirements of Section
228-16. Potential solutions identified during this period
will be subject to the provisions of Section 228-20 and
228-21.
DRAFT
15
C. If, at the end of the 180-day period, or authorized
extension of this period, the [Director of Planning and
Development or Director of Code Enforcement/town
equivalents] has determined that no reasonable solution
exists that will achieve the public safety goal and the
Commission has determined that no reasonable solution
exists that will satisfy either the criteria of Section
228-16 or Section 228-20, the [Director of Planning and
Development or Director of Code Enforcement/town
equivalents] may order permanent work to be undertaken by
the owner that will protect the public health, safety, or
welfare without the issuance of either a Certificate of
Appropriateness or a Finding of Economic Hardship.
D. When, in the judgment of the [Superintendent of Public
Works/Town Equivalent], there exists on [City/Town]
property, on [City-/Town-]possessed easements, or in the
[City/Town] Right of Way a substantial hazard to the public
health, safety, or welfare, the [Superintendent of Public
Works/Town Equivalent] may pursue those remedies,
improvements, and infrastructures that he or she deems
appropriate; provided, however, that before doing so, the
[Superintendent of Public Works/Town Equivalent] shall be
required, if practicable, to consult with the [Director of
Planning and Development/Town equivalent], or his or her
designee. Where said consultation is not practicable, the
[Superintendent of Public Works/Town Equivalent] shall be
required to consult with the [Director of Planning and
Development/Town Equivalent], or his or her
designee, within a 30-day period after pursuing any
such remedies, improvements, and infrastructures. Any
remedies, improvements, or infrastructures undertaken on
order or authorization of the [Superintendent of Public
Works/Town Equivalent] under the first sentence of this
paragraph shall not be subject to the certificate of
appropriateness or finding of economic hardship
requirements of this Chapter. The requirements of this
paragraph shall apply only to the extent that remedies,
improvements, and infrastructures are pursued within an
historic district or affecting a historic resource.
§228-24. Maintenance and Repair Required.
A. Nothing in this chapter shall be construed to prevent
the ordinary maintenance and repair of any historic
resource or property within a historic district that does
not involve a change in design, building materials, color,
or outward appearance; however, the Commission’s Secretary
shall determine whether proposed work constitutes ordinary
maintenance and repair or requires a Certificate of
Appropriateness.
B. No owner or person with an interest in real property
designated as a historic resource or included within an
historic district shall permit the property to fall into a
serious state of disrepair. Maintenance shall be required, DRAFT
16
consistent with the provisions of the Property Maintenance
Code of New York State and all other applicable
regulations.
§228-25. Enforcement; violations; penalties for offenses
A. All work performed pursuant to a Certificate of
Appropriateness issued under this chapter shall conform to
the requirements included therein. It shall be the duty of
the [Director of Planning and Development or Director of
Code Enforcement/Town Equivalents] to inspect periodically
any such work to assure compliance. In the event work is
found that is not being performed in accordance with the
Certificate of Appropriateness the [Director of Planning and
Development or Director of Code Enforcement/Town
Equivalents] shall issue a stop work order and all work
shall immediately cease. No further work shall be undertaken
on the project as long as a stop work order is in effect.
B. Any owner or person in charge of a property who demolishes
or alters a property in the absence of a Certificate of
Appropriateness, a Finding of Economic Hardship, approval by
the Secretary of the Commission pursuant to §228-17C of the
[City Municipal Code/Town Law], or upon order of the
[Director of Planning and Development, Director of Code
Enforcement, Superintendent of Public Works, or Fire
Chief/Town Equivalents] pursuant to §228-23 may be required
to restore the property and its site to its appearance prior
to the violation. In the event distinctive historic
features have been removed or otherwise irreversibly
altered, such removal or alteration shall constitute a
separate violation under this ordinance.
C. If, in the judgment of the Commission, a violation of §228-
24 exists that will result in a detrimental effect upon the
life and character of a historic resource or on the
character of a historic district as a whole, the Commission
shall notify the [Director of Planning and Development or
Director of Code Enforcement/Town Equivalents]. If, upon
investigation, the [Director of Planning and Development or
Director of Code Enforcement/Town Equivalents] finds non-
compliance with the requirements of the Property Maintenance
Code of New York State, or any other applicable regulation,
the [Director of Planning and Development or Director of
Code Enforcement/Town Equivalents] shall order such remedies
as are necessary and consistent with this Chapter and shall
provide written notice thereof to the Secretary of the
Commission.
D. Any violation of any provision of this chapter shall be
deemed an offense and shall be punishable as provided in
Chapter 1 of the Municipal Code, General Provisions, Article
I, Penalties/Town Equivalent]. Each day’s continued breach
shall constitute a separate additional violation. In
addition, the [City/Town] shall have such other remedies as
are provided by law to enforce the provision of this
chapter.
DRAFT
17
§228-26. Appeals.
Any person aggrieved by any decision by the Commission may
apply to the Supreme Court in the State of New York for review
under Article 78 of the Civil Practice Law and Rules within 30
days of publication of the decision.
§228-26. Effective Date.
This chapter shall take effect as of January 1, 2024. DRAFT
Page 1 of 5
Intermunicipal Agreement Regarding Joint Ithaca Landmarks Preservation Commission
This Agreement (“Agreement”) is made as of the _____ day of ______, 2023 by the City of
Ithaca (“City”), a municipal corporation organized under the laws of the State of New York, having
its offices at 108 East Green Street, Ithaca NY 14850, and the Town of Ithaca (“Town”), a
municipal corporation organized under the laws of the State of New York, having its offices at 215
North Tioga Street, Ithaca, NY 14850.
WHEREAS, the City and Town (the “Municipalities” or “parties”) value intermunicipal
collaborations and partnerships that advance shared goals and equally benefit the citizens of both
municipalities; and
WHEREAS, the Town is interested in protecting its historic resources as outlined in the Town
of Ithaca Comprehensive Plan, and the City has an established historic preservation program that has
successfully protected its historic resources for almost 50 years; and
WHEREAS, the Municipalities have each enacted legislation to protect the historic resources
of both municipalities based on the City’s existing program, and created a joint commission to
administer and enforce such legislation known as the Ithaca Landmarks Preservation Commission
(“Commission”); and
WHEREAS, the Municipalities desire to jointly fund the Commission, including its staff
operations;
WHEREAS, the Municipalities desire to outline their respective rights and responsibilities
related to the Commission and the work of historic preservation in both Municipalities;
NOW, in consideration of the covenants, conditions, and provisions herein, it is hereby
AGREED as follows:
1. Effective Date: The Agreement shall be effective as of January 1, 2024.
2. Appointments: For any unexpected vacancy arising due to the prolonged absence,
resignation, incapacity, or death of a Commission member, each Municipality agrees to
undertake its process for filling said vacancy as quickly as is reasonably practicable under
the circumstances. Notwithstanding the foregoing, this Agreement shall not be construed
to create any liability for either Municipality for any failure to timely appoint a
Commission member.
3. Commission Staff: The Commission shall be staffed by the City’s Historic Preservation
and Neighborhood Planner position (“Commission staff”), who shall serve as Secretary to
the Commission and perform all other staff services as provided in Chapter 228 of the
Ithaca City Code and Chapter __ of the Town of Ithaca Code (“Historic Preservation
Provisions”).
4. Compensation: The Town will compensate the City for a prorated share of City resources
expended on Commission matters or otherwise relating to the joint administration of the
Page 2 of 5
Historic Preservation Provisions as calculated by the City, including without limitation the
costs associated with Commission staff (including without limitation salary and benefits),
the provision of facilities and security for Commission meetings and hearings, printing
expenses, postage, fees for expert or other support services, overhead, and any such other
expenses as the City may incur relating to the Commission or in connection with the joint
administration of the Historic Preservation Provisions.
5. Payments: Reimbursement for the expenses described in the preceding paragraph shall be
calculated as follows:
a. From the date this Agreement goes into effect until December 31, 2025, $25,000
each year, to be paid to the City on or before the fifteenth day of February each
year for that year.
b. Beginning on January 1, 2026, the Town shall compensate the City on a prorated
basis determined by the percentage of Commission matters relating to Town
Historic Resources or otherwise arising from the geographic boundaries of the
Town. The percentage shall be calculated by dividing the number of Town matters
considered by the Commission or Commission staff within the relevant time
period by the number of total matters considered by the Commission or
Commission staff within the same time period. The City shall annually in or about
the month of January prepare an invoice detailing the expenses pertaining to the
preceding calendar year as described in Paragraph 4 of this Agreement and present
it to the Town. The Town shall pay its prorated share of the expenses to the City
within 30 days of receipt of the invoice.
6. Other Expenses: Except as otherwise provided by this Agreement, each Municipality
agrees to bear its own costs for any additional resources or staff time expended on
enforcement of the Historic Preservation Provisions within its own geographic boundaries.
7. Supervision of Commission Staff: Commission staff acting in their capacity as such shall
work at the direction of the City’s Director of Planning and Development (“Director”) and
shall devote such time as may be necessary to carry out the duties assigned by the
Commission, the Director, and/or provided for by the Historic Preservation Provisions.
8. City Employee: The Town and City agree that Commission staff will not be considered to
be an employee of the Town in performing services for the Commission and will remain
an employee of the City.
a. The City shall set the rate of compensation for Commission staff. The City shall
be solely responsible for providing Commission staff with all the employment-
related benefits offered to comparable City employees, including but not limited to
health insurance, paid leave, and any statutorily required benefits, except that the
Town shall reimburse the City for the Town’s share of the costs of such benefits as
provided in this Agreement. The City is responsible for paying the wages of
Commission staff and withholding and remitting all applicable employment-
Page 3 of 5
related taxes and contributions, including but not limited to federal and state
income tax and FICA withholdings and contributions to the Public Employees’
Retirement System.
b. The City shall have hiring, disciplinary, and termination authority over
Commission staff. If it becomes necessary to hire new Commission staff during
the period of this Agreement, the City shall be responsible for all related
administrative duties, including creating and advertising for the position, if
necessary, and complying with the Civil Service Law. The City shall conduct all
interviews of potential candidates and has the sole authority to hire the successful
candidate.
c. The City shall be deemed to be the employer for purposes of employer’s liability
and worker’s compensation insurance, and the City agrees to maintain
employment practices liability insurance in the amount of at least $1,000,000 per
occurrence and adequate workers’ compensation insurance for the duration of this
Agreement.
d. The City shall have no liability to the Town relating to the hiring, discipline, or
termination of Commission staff, nor shall the City have any liability to the Town
in connection with any vacancy in a Commission staff position that should arise
for any reason whatsoever.
9. Indemnification: Each Municipality agrees to defend, indemnify and hold harmless the
other Municipality, its elected officials, public officers, employees, and agents from and
against all losses or claims, and costs incidental thereto (including cost of defense,
settlement and reasonable attorneys’ fees), resulting from bodily injury or death to any
person, damage (including loss of use) to any property, other damages, or contamination
of or adverse effects on the environment that arise from or relate to this Agreement and/or
the Historic Preservation Provisions and are caused by the negligence or omissions of (a)
the Municipality and/or its officials, officers, employees, and agents or (b) the
Commission staff to the extent that losses or claims originate from within the geographic
boundaries of the Municipality. The obligations set forth in this paragraph shall be limited
to losses or claims that originate from within the geographic boundaries of the
indemnifying Municipality, such that the City shall be obligated to indemnify the Town
only for such claims and losses as may occur in the City or relate to City Historic
Resources, and the Town shall be obligated to indemnify the City only for claims and
losses as may occur in the Town or relate to Town Historic Resources, as those terms are
defined in the Historic Preservation Provisions. Timely written notice shall be given by
each party to the other of any claim that may be asserted under this paragraph.
10. Legal Challenges: In the event that a legal proceeding, including without limitation any
proceeding filed under Article 78 of the Civil Practice Law & Rules, is brought to
challenge any action of the Commission or Commission staff or otherwise arises from the
Historic Preservation Provisions, the City shall be responsible for defending matters
relating to City Historic Resources or arising from the Ithaca City Code and the Town
Page 4 of 5
shall be responsible for defending matters relating to Town Historic Resources or arising
from the Town of Ithaca Code. In the event that any such legal proceeding shall involve
both a City Historic Resource and a Town Historic Resource and/or arise from both the
Ithaca City Code and the Town of Ithaca Code, each Municipality may respond to such
proceeding in whatsoever manner it determines in its sole discretion, including without
limitation by defending against any such proceeding, entering into a settlement, or
declining to defend such proceeding. The Municipalities agree to cooperate with each
other in good faith in all proceedings, except that nothing in this Agreement shall be
interpreted to create any obligation to defend or otherwise participate in any matter
attributable to the other Municipality under this paragraph.
11. No Assignment: In accordance with Section 109 of the New York General Municipal
Law, the Municipalities are hereby prohibited from assigning, transferring, conveying,
subletting, or otherwise disposing of this Agreement to any person or corporation without
the prior written consent of the other municipality.
12. Modification: This Agreement may be modified only by a writing signed by both parties.
13. Non-discrimination: The Municipalities shall not discriminate against any employee,
applicant for employment, sub-contractor, supplier of materials or services, or program
participant in connection with this Agreement because of actual or perceived: age; creed;
color; disability; domestic violence victim status; ethnicity; familial status; gender; gender
identity or expression; height; immigration or citizenship status; marital status; military
status; national origin; predisposing genetic characteristics; race; religion; sex; sexual
orientation; socioeconomic status; or weight.
14. Governing Law: The Agreement shall be governed by and construed in accordance with
the laws of the State of New York. The parties agree that the Supreme Court of the State
of New York, held in and for the County of Tompkins, shall be the forum to resolve
disputes arising out of either this Agreement or work performed according thereto. In the
event of any such dispute, each party shall bear its own costs and attorney fees.
15. Termination: This Agreement may be terminated by either party, without cause, by
notifying the other party in writing. This Agreement shall then terminate one year
following the date of such written notification.
16. Default: In the event that one party reasonably believes the other has committed a material
breach of this Agreement, it shall provide written notice of default to the breaching party
describing the nature of the alleged breach. The breaching party shall have 30 days to cure
such default. If the default is not cured in such time, the nonbreaching party may, in its
sole discretion, elect to terminate this Agreement by notifying the other party in writing.
This Agreement shall then terminate six months following the date of such written
notification. Neither termination of this Agreement nor a decision not to terminate this
Agreement shall constitute a waiver or forfeiture of any rights, including but not limited to
the right to bring an action to recover damages for breach of this Agreement.
Page 5 of 5
17. Severability. If any provision of this Agreement is deemed invalid or inoperative for any
reason, that part may be modified by the parties to the extent necessary to make it valid
and operative, or if it cannot be so modified, then it shall be deemed severed and the
remainder of this Agreement shall continue in full force and effect.
Signed:
Town of Ithaca Date
______________________
By: Rod Howe
Title: Town Supervisor
City of Ithaca Date
______________________
By: Laura Lewis
Title: Mayor