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Home My WebLink AboutCOC Packet 2024-01-11 PLANNING DEPARTMENT 215 N. Tioga St 14850 607.273.1747 www.town.ithaca.ny.us 1/4/2024 TO: Codes and Ordinances Committee: Rob Rosen, Chair Susie Gutenberger-Fitzpatrick Eric Levine Eva Hoffmann Chris Jung Bill Arms FROM: Christine Balestra, Senior Planner RE: Next Codes and Ordinances Committee Meeting – January 11, 2024 The next meeting of the Codes and Ordinances Committee is scheduled for Thursday, January 11, 2024, at 5:30 pm in the Town Board Room, located in Town Hall at 215 North Tioga Street. Second location Lobby of DoubleTree by Hilton Hotel, 1111 Jefferson Rd, Rochester, NY . 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 December 14, 2023, COC meeting. 2. Proposed 2024 Codes and Ordinances Committee Work Plan. 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 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 Town Board Room at Town Hall, 215 North Tioga Street, Ithaca, NY, on January 11, 2024, at 5:30pm. * Second location Lobby of DoubleTree by Hilton Hotel, 1111 Jefferson Rd, Rochester, NY (1-11-2024 only) Members of the public may join the meeting via Zoom: • Join Zoom meeting: https://us06web.zoom.us/j/87531393743 • Zoom meeting ID: 875 3139 3743 • Dial in phone: 929-436-2866 Meeting of January 11 – 5:30 P.M. AGENDA 1. Member comments/concerns. 2. Review minutes from December 14, 2023, COC meeting. 3. Review proposed 2024 Codes and Ordinances Committee Work Plan. 4. Continue Review of Initial Draft Subdivision of Land regulations (existing regulations: https://ecode360.com/8660770), Articles II-III. 5. Other business: • Next meeting agenda. Town of Ithaca Planning Department January 4, 2024 1 TOWN OF ITHACA CODES AND ORDINANCES COMMITTEE (COC) Meeting of December 14, 2023 – 5:30 pm Shirley A. Raffensperger Board Room, Town Hall Minutes Members present: Rob Rosen, Chair, Eva Hoffmann, Bill Goodman & Chris Jung. Member excused: Eric Levine, Ariel Casper (resigned effective 11/10/2023). Staff Present: C.J. Randall, Director of Planning; Chris Balestra, Senior Planner; Susan Brock, Attorney for the Town; Marty Moseley, Director of Code Enforcement; Daniel Thaete, Director of Engineering. Guests: Bill Arms, Planning Board Member The meeting was called to order at 5:32 p.m. 1. Member comments/concerns. Rob introduced guest Bill Arms, attending as the incoming Planning Board liaison to the committee. It was noted that this was the last meeting for longtime member Bill Goodman. He was thanked for his 16 years of service, remembered for his work on many regulations, including the dock law, mural/sign ordinances, short-term rental/registry language, and most recently, updates to the telecommunications law. There was a gathering after the meeting to honor Bill. 2. Review minutes from November 9, 2023, COC meeting. Rob moved to approve the November 9, 2023, minutes with minor changes provided by the attorney; Eva seconded. 4 Ayes. 3. Continued review of initial draft of Subdivision of Land Regulations. C.J. and Chris lead the continued review of the draft subdivision regulations. The document was shared on screen and the committee began line by line, starting with Article I. The proposed language additions shown in red on the document were each explained in detail, with the history and justification behind the changes. Additional committee and staff suggested changes or recommendations were as follows: Pg.1 §232-2. Policy C. The term “environmentally sensitive areas” is not defined, but it is used elsewhere in the Town Code. Look at the stormwater management law and other sections of Town Code and expand the list to the draft subdivision regulations to be consistent with how environmentally sensitive areas is described (e.g., add “including wetlands, steep slopes, etc.”). E. Remove the comma after “emergency services.” F. Add “Zoning” after “Chapter 270”. Examples (illustrative) of alternative subdivision designs should be provided, possible in a separate guide. Members asked for clarification of what alternative subdivision design means. CJ explained the intent. 2 G. Change all references in the document from “conservation” to “cluster,” including the title in G. Committee asked for clarification in the terms. CJ explained that conservation and cluster were interchangeable in meaning, and Susan Brock explained that NYS Town Law uses the term “cluster.” COC decided to use the NYS Town Law terminology. Dan asked why the cluster subdivision approach was the preferred approach. The cluster style and town history was discussed in detail, and no specific changes were proposed. Marty noted multiple references to the Town Planning Department, Town Planner, Town Planner Designee, Director of Planning, along with Building Inspector, and other titles that are either inconsistent or no longer used. CJ mentioned that much of the draft regulations were taken from the existing regulations, which contain the outdated references. She will go back through the document and make all titles current and consistent. Pg.2 §234-3. Supersession. This section is new. Susan Brock noted that she would review the section – it could be taken out of the Code and placed in a local law to reduce confusion for applicants. The COC will decide what to do about this later. Pg. 2, 3 §234-4. Interpretation and relationship to other regulations and actions. C.1.Public provisions. Delete the sentence “These regulations are not intended to interfere with, abrogate, or annul any other ordinance, rule, regulation, statute, or other provision of law.” F. This paragraph needs to be clarified and possibly re-written. The intent was to essentially say “you cannot buy land that hasn’t been legally subdivided,” but the proposed language is clunky. Potential re-write (still clunky): “Whenever an applicant submits a proposed subdivision application to the town, and before any contract for the sale or, or any offer to sell any proposed lot in such subdivision is made, and before any permit for the erection of a structure in such proposed subdivision shall be granted, the applicant shall apply, in writing, for approval of such subdivision, in accordance with this section. Clarify that proposed means that the subdivision has been submitted to the town for approval, not a conceptual design from a real estate company or an idea by the property owner. Pg.3 §234-5 Applicability A. Remove “the corporate limits” at the end of the first line. D. Decision to keep this in the Applicability section. But proposed change to first sentence to delete the first few words, so he sentence reads “The subdivision application process and fees do not apply to a subdivision or re-subdivision creating no more than two lots…” The rest of the paragraph should be broken up into several 3 sentences or re-worded, so it is more succinct. Also, who signs the duly recorded re- subdivision map before it gets filed with the county? Director of Planning? The committee concluded the review of Article 1 of the draft regulations and will resume review with Article II (page 3 of the printed draft) at the January 2024 COC meeting. 4. Other business: 2024 COC meeting schedule. The committee agreed to keep the schedule and meet the second Thursday of each month in 2024 at 5:30 p.m. in the town board room. • Next meeting: January 11, 2024, at 5:30 p.m. • Agenda: Continued review of initial draft Subdivision of Land Regulations, Article II. Bill thanked COC members and staff for their help for all the years of his service and expressed well wishes for the future. Susan and Eva also thanked Bill for his dedication, good listening skills, and his ability to give everyone an opportunity to be heard. A motion to adjourn was made by Bill G., seconded by Chris J. at 6:55 p.m. Unanimous. Town of Ithaca Codes & Ordinances Committee DRAFT 2024 WORK PLAN Town of Ithaca Code: https://ecode360.com/IT1944 Regulations in Process: ➢ HIGHEST PRIORITY: Complete 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) Amending Existing Provisions in Town Code, other Chapters: ➢ HIGH PRIORITY: Consider amendments to Zoning violations and penalties (Town Code 270- 239), requested 5/3/2023; ➢ HIGH PRIORITY: Develop Institutional Zoning (Comp Plan Goals LU-5-A; LU-5-B) based on scope of work prepared by Planning Committee ➢ HIGH PRIORITY: Consider amendments to Accessory Dwelling Unit Regulations (Town Code Chapter 270-219.6B (4)), requested 9/26/2023; Other regulations in Process: ➢ Planning Committee – Revise Chapter 272: New Neighborhood Code (in progress since 6- 2022) Comp Plan Goals LU-1-F; LU-1-G ➢ Planning Committee – Joint City & Town Ithaca Landmarks Preservation Commission (awaiting City review) Comp Plan Goal LU-6-H Regulations Completed in 2023: ➢ Amendments to Town Code (Zoning) 270-171.1 Inlet Valley Overlay District (developed in Planning Committee) – adopted February 2023 ➢ Amendments to Town Code (Zoning) Chapter 270-219 Personal Wireless Service (Telecommunications) Facilities – adopted June 2023 ➢ Amendments to Town Code Chapter 144 Energy Code Supplement – adopted January 2023 TOWN OF ITHACA CODES AND ORDINANCES COMMITTEE 2024 MEETING SCHEDULE Unless noted below, the Town of Ithaca Codes and Ordinances Committee (COC) will meet from 5:30 p.m. to 7:00 p.m. on the second Thursday of every month in 2024: January 11, 2024 February 8, 2024 March 14, 2024 April 11, 2024 May 9, 2024 June 13, 2024 July 11, 2024 August 8, 2024 September 12, 2024 October 10, 2024 November 14, 2024 December 12, 2024 Meetings will be held via Zoom and in the Town Board Room at Town of Ithaca Town Hall, 215 North Tioga Street, Ithaca, NY. Please contact Christine Balestra, Senior Planner, at 607-273- 1721 or cbalestra@town.ithaca.ny.us for more information.