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HomeMy WebLinkAboutPC Packet 2025-02-20 DEPARTMENT OF PLANNING 215 N. Tioga St 14850 607.273.1747 www.town.ithaca.ny.us TOWN OF ITHACA PLANNING COMMITTEE THURSDAY, FEBRUARY 20, 2025 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 November (2024) and January meeting minutes. 4. West Hill (Conifer) Traditional Neighborhood Development Public Outreach Meeting Summary for the West Hill TND Design Charrette #2. 5. Review draft Local Law for Flood Damage Prevention (updating Town Code Chapter 157) provided by NYS Department of Environmental Conservation. 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. 1 Town of Ithaca Planning Committee Monday November 21, 2024 (3:00 PM Aurora Conference Room and on Zoom) Draft Minutes Committee members present: Rich DePaolo, Chair; Rod Howe, Margaret Johnson 3:15-4:00 p.m. Board/Staff members: Director of Planning C.J. Randall; Director of Codes Marty Moseley; Town Sustainability Planner Hilary Swartwood; Town Senior Planner Mike Smith; Town Civil Engineer Justin McNeal. Guests. Susan Cosentini, proposed Amabel Cottage Court. Scott D’Vileskis-via Zoom 1. Persons to be heard: None. 2. Committee announcements and concerns: None 3. Approval of September meeting minutes: Rich moved; Rod seconded. The September 16, 2024, minutes were approved as presented. 2 Ayes. 4. Amabel Cottage Court concept (revised) proposal presentation. Susan Cosentini provided an updated narrative and revised proposal depicting a twelve one-bedroom cottage residential community off Five Mile Dr/Inlet Rd. The updated concept shows conversion of the large gravel area (encumbered by a NYS easement), into 17 parking spaces and one electrical pedestal. The revision comes after receiving a letter indicating “no objections to the general concept” by the US Army Corps of Engineers via a letter dated 11/22/2024 and a similar correspondence from NYS DEC on 10/29/2024. Parking spaces (but no structures) is proposed to be located in the easement area, which is a revision from the previous design concept presented to the Planning Committee in July that showed garages under the cottages. C.J. noted the close proximity of the Black Diamond trail, retail/shopping plazas and the NYS Parks as amenities as well. Town Planner Nick Quilty-Koval is setting up a meeting with DEC and the US Army Corps regarding the encumbered area as a follow up to their e-mail and letter correspondence. A recent (9/5/2024) site visit with US Army Corps led to some conflicting information and the Planning Department and Engineering also wanted to follow up after the revised design plan. The Planning Committee did not note any opposition to the general concept after reviewing the materials provided. The applicant was given general feedback that the committee was in favor of the project proposal advancing to the next steps. Marty asked Susan to make sure the Stream Setbacks are shown on the new survey and proposed site plan. 5. Green New Deal Action Plan 2025-26 review. Sustainability Planner Hilary Swartwood presented an overview of the Green New Deal Action Plan. The Plan was summarized, and the key goals were outlined. Goals within the next two years will address a wide range of topics including Buildings and Facilities; Energy Sources; Fleet; Institutionalization and Implementation; Land Use; Transportation; Wastewater; Water and Purchasing. Specific goals will be identified for two-year periods and be re- evaluated annually. A table showing the 2025-2026 Green New Deal Action Plan was included with the 2 information which included a change of an added column with the Town’s most closely related Comprehensive Plan goals alongside the GND Goal. This table was presented, discussed and broken down by sector. Each goal, action, priority, department responsible and ways to measure the progress proposed for 2025-2026 were listed. Brief highlights were the recent updates to the Green Fleet Inventory and Greenhouse Gas inventory closer to completion. 2025 was noted as a big year for two of the goals, first meeting the electricity needs for the Town government operations with 100% regionally sourced renewable electricity—this is dependent on other agencies and the reality of it was questioned. The second was to reduce emissions, or create offsets, from the Town fleet of vehicles by 50% from the 2010 levels. The 2010 baseline data has discrepancies that are causing difficulties. Ttherefore the 2021 Government Greenhouse Inventory for government operations for the comparison numbers due to accuracy.cannot be compared. This goal is likely the first to be completed from the table, achievable by reducing emissions by at least 10% and the remaining emissions being offset with purchasing renewable energy credits. Community Choice Aggregation was mentioned as a helpful resource and is awaiting progress from NYS PSC. The NYS Energy code applying only to new construction was also mentioned and ongoing potential updates to that by NYS Codes Council. Carbon sequestration was another item briefly discussed, and Hilary mentioned possibly working with Cornell University; looking at how they are calculating carbon sequestration currently may be a beneficial starting point for potential Town action. The Deconstruction policy piece has also had work completed by a recent Town intern and a draft is expected in March of 2025. Margaret noted there is State level deconstruction legislation being drafted and model ordinances are being reviewed. Margaret will connect with Hilary on this Deconstruction state level legislation draft proposal along with Gretchen Worth of the Susan Christopherson Center for Community Planning. The Town Board will be presented with the goals and Action Plan after the committee input and could revise as necessary in the future as well. Hilary noted the Resolution has the goals listed but not the subgoals and she asked is the sub goals need Town Board inclusion for input in the resolution or what the intent was. It was concluded that any changes could come from the Planning Committee level first as needed. Margaret noted transportation and sidewalk projects happening that are not directly related to sustainability and the Green New Deal Action Plan and C.J. went over the Planning Department involvement overall with current transportation projects. Margaret noted interest in improving bike and sidewalk networks for carbon reduction. C.J. noted the Town Transportation plan and sidewalk priority list is active and current however funding dependent for implementation. Transportation was highlighted as one of the four sectors that is in the Green New Deal Action plan as well that need focus. C.J. asked whether the Committee wanted the sidewalk priorities to be re-evaluated again and be built into the Capital Improvement Plan. Margaret said yes.; Rich commented that the sidewalk projects that would incentivize people to use the sidewalks, bikes, bus or other modes of transportation would be the most beneficial, mainly in the more rural areas. . TCAT was brought up and the Town not being a paid member seat therefore not having bargaining power directly with that entity related to public transportation however some partnership could be made done for specific areas in the town for shelters and improvements along existing routes. This topic of a full seat is a Budget Committee issue (and financial decision for the Town Board) and can be brought to there if there is interest from town board members. 3 C.J. added that TCAT is involved in the Charrette process for the proposed West Hill Conifer TND and is engaged to consider improvements to West Hill/Cayuga Medical area connections. Rod noted that Town Board will receive a Town Comprehensive Plan update from the Planning Department at the next meeting which may help new members as well. C.J. mentioned the Site Design Criteria Manual work with Engineering and Barton & Loguidice as well that will help guide developers. Hilary asked if the Committee wanted her back for further discussion before giving the presentation to the Town Board? It was concluded that there are some more broad language issues to be addressed such as the community input part and meeting the community needs, are there more formal ways to ensure the public is engaged to meet the Green New Deal Goals that could be looked at by the Planning Committee at a future meeting however not urgent before the presentation to the Town Board. Margaret asked about a Transportation Demand Management Policy for the Town? C.J. noted that is part of the developer’s environmental review requirements to provide and TDM is a very common piece of the transportation analysis portion for new development. 6. Review of Conservation Board memo 10/29/24 relative to Moratorium on the installation of plastic carpet. Senior Planner Mike Smith was available for questions related to the memo submitted to the Town Board by the Conservation Board asking for consideration of a Moratorium on the installation of plastic carpet. There were links in the memo to the Zero Waste Ithaca research that have documented concerns. Additional links were provided to a January 2025 ban on PFAS substances in carpeting sold in NYS as well as two pending NYS Senate Bills related to establishing a moratorium on the installation of synthetic turf pending a comprehensive health study and the other providing for the public health study by the NYS Dept of Health on the installation of synthetic turf. It was noted that the memo is likely due to both Ithaca College and Cornell University projects that have involved artificial turf and more are proposed. The real grass alternative also has environmental issues and concerns that the Conservation Board has discussed. Rich asked if there is a way to compel applicants to comply with pending NYS legislation or are there alternatives in the interim to avoid forever chemicals? C.J. referenced the CALS letter from Frank Rossi that was submitted with the Meinig Fieldhouse materials to the City about alternatives and the intentions for CU’s willingness to comply with the NCAA Division 1 athletics requirement for the proposed fields along with the upcoming NYS plastic carpet mandate and a plant-based infill will be used. The letter was passed to the Committee for review. It was agreed that a three-year time frame for a moritorium without justification, study or local government initiative the Town may receive push back knowing what the State has in effect in phases already. The Game Farm Road Field Hockey Field was briefly explained as not needing infill and the plant based will meet the needs of the applicant. Rich asked if the plant-based material mitigates the PFAS or microplastic concerns raised? Town Civil Engineer Justin McNeal added information about filtration in the stormwater management system that proposes to help reduce microplastics and also added information about the layers being different and no infill proposed for the proposed Game Farm Road Field Hockey field. The Committee concluded to consult with the Town Attorney about the timing of the NYS legislation, incoming projects and under what circumstances a moratorium would be legally justifiable if .a 1-3 year Moratorium would benefit the Town. Margaret noted being in favor of it to study the environmental 4 impacts more, Rich noted the impacts have been studied however the mitigation measures would be site dependent and those questions are worth asking counsel before making a decision or reply to the Conservation Board by year end. C.J. added that the NYS DEC will do an environmental review as part of the Title 33 Carpet Collection Program law phasing info effect in January 2025 that may identify helpful information we well. 7. Discussion of potential amendments to Short-term uses in Town Code Chapter 270-219.7 (Zoning). The committee continued the previous discussion of potential changes to the STR code number of allowable days, on large parcels with large setbacks in lower dense areas of the town, Conservation Zones and possibly Ag Zones. C.J. updated the committee that the maps used for the initial code in 2019-2021 focused on LDR and MDR zones only and identified lots that were 2,3 & 5 acres in size and those were used for the increased allowable days in those two zones currently. Rich asked if setbacks from structures (not property lines) could be added in with the LDR zones (MDR not necessary), along with Conservation Zones for updated mapping to see how many larger parcels (3 & 7 acres) would be affected by any proposed changes. Public/encumbered lands would be excluded. Setback from a structure could become a problem and the enhanced STR privileges could be revoked if a new structure were built after the change in legislation. Marty went over the existing setbacks (from property lines) in Conservation zones and noted that the GIS system would be used for what is existing and is approximate in nature. It was stated that any changes would not be as a result of one parcel or property owner, the law was enacted knowing there could be changes needed over time to the restrictions without creating negative impact to others. Zoom meeting guest Scott D’Vileskis asked about the principal residency requirement, when and why that was added to the Conservation and Ag Zones. He followed the legislation process, and it was unclear why that part was added to the Conservation Zone at the end of the drafting process. That piece is the prohibitive part in his situation which excludes anyone’s ability who owns property in a Consdervation Zone and wants to use and rent it but lives primarily elsewhere .in a Conservation Zone. The area zoning variance process is not able to support an exception to residency requirement. Lakefront zoned were brought up and Rich noted the historic difference in the use of homes on the lake as seasonal and rentals by nature versus and the use of farms in Conservation Zones. Changing the principal residency requirement in Conservation Zones was not a change proposed by committee members at this time. It was also noted that there is an existing increase in days allowable in Conservation, AG, LDR and MDR zones larger than 3 acers more than 40 feet from the lot line or one other exception to allow up to 90 days. 6. Staff updates and reports. C.J. updated on the following: The Historic Preservation Ordinance will be brought back after questions raised by Marty. The Deconstruction work could complement this and will be brought back to the Planning Committee in the near future. 5 Safe Streets 4 All (SS4A) project has an upcoming virtual session on 12/9/2024 at 6:00 & 6:45 p.m. along with an in-person open house session at Town Hall on 12/11/2024 from 4-6 p.m. Information will be posted and shared with the public on the website and interested parties via e-mail. Re-Zoning MWII PDZ revisions after sketch plan presentation to the Planning Board will be back to the Planning Committee in December. A change in the project management team has occurred within the Conifer West Hill TND project and early concept review continues. The second Charrette is in the development process and the date has not been formalized yet. A walking tour is scheduled for 11-22-24 at the Oak Woods portion of the site and some Planning staff will attend. January is the next expected concept review meeting. Amabel Cottage Court-discussed previously-may move forward for concept review. Into 2025-Flood Damage Prevention Local Law (Town Code Chapter 157) may need amendments per the NYS DEC; NYS is also updating Freshwater Wetlands Regulations (Town Chapter161). RaNic Golf Club is off the real estate market. 7. Next meeting date and upcoming agenda items: Thursday December 19, 2024, 3:00 p.m. The Town of Ithaca Planning Committee meeting concluded at 4:24 p.m. 1 Town of Ithaca Planning Committee Monday January 16, 2025 (3:00 PM Aurora Conference Room and on Zoom) Draft Minutes Committee members present: Rich DePaolo, Chair; Rod Howe & Margaret Johnson Board/Staff members: Director of Planning C.J. Randall; Director of Codes Marty Moseley; Town Town Senior Planner Mike Smith; Town Civil Engineer Justin McNeal. Guests. none 1. Persons to be heard: None. 2. Committee announcements and concerns: None 3. Approval of November meeting minutes: Rich moved the minutes for discussion, Rod seconded. A few minor changes were made to the draft November minutes. A red-lined version showing the changes will be distributed for consideration again at the next meeting. 4. 2025 Meeting Schedule. The committee agreed to continue the 2025 Meeting schedule on the third Thursday at 3:00 pm, with the exceptions of May and June. The May meeting will be 5-29-25 and the June meeting will be 6-26-25. 5. Finalized NYS Freshwater Wetlands Regulations. The committee discussed the e-mail received from the Attorney for the Town with a link to the NYS DEC webinar on the Freshwater Wetland regulation changes which went into effect on 1/1/2025. Codes Director and Planning staff attended the webinar and Senior Planner Mike Smith summarized the changes to the committee. He mentioned the DEC previously used paper maps of the wetlands to determine the ones they would regulate, and those paper maps have been eliminated. A GIS electronic mapping system for the State was created for informational purposes and to use as a starting point. A jurisdictional determination process is in place online to make formal determinations, and the DEC has 90 days to respond. This time frame could slow down construction projects with delays in building permits. If the determination is a No, there is no further DEC action and if it is a Yes, field work and specific mapping per site will need to occur. There are eleven criteria factors that can trigger wetlands, “urban areas” and “adjacent to” could lead to different interpretations and any development can be affected, large construction and small additions, swimming pools, etc. Specific municipal training is forthcoming from the NYS DEC. The electronic mapping was released at the very end of 2024 and there has not been detailed comparison by Town staff to the 2012 LiDAR elevation data, however Tompkins County Planning has offered to coordinate a countywide training session with the local DEC for individual localized potential problems. Rich asked who is responsible for bringing the potential wetland to the attention of the DEC? C.J. replied that it is the individual property owner. Marty confirmed and noted certain board actions could trigger the review on the Town side. Mike added the online form is a few simple questions for the initial part and seemed user friendly and the State noted they hired five new people statewide to review the submission. The Town would have to include the question in the permit/pre- application process and 2 flags would be added into the Town’s internal system for tracking as well. Marty noted the NYS DEC would be doing the determination, field work and follow up and enforcement with the property owners. C.J. concluded the Town’s Freshwater Wetland regulations have not been updated since the last NYS DEC updates so there is an opportunity now to consider amendments or additions along with reference to the current DEC Regulations. Town staff will work closely with County Planning and the NYS DEC to better learn and understand the regulations as they come into play throughout the year. The local office is in Kirkwood and has been responsive with Town interaction when needed in the past. 6. Continued discussion of potential amendments to Short-term rental uses in Town Code Chapter 270-219.74 (Zoning). The committee continued to discuss potential modifications to the short-term rental law. There are current bonuses in the number of days allowed in the existing regulations in some zones where lot sizes are larger and less disruption from a rental is presumed. The committee asked for mapping in the Conservation Zones showing parcels over a certain size where dwelling units currently exist and minimum setback are met. Rich asked if the committee was interested in the possibility of coupling in a potential owner occupation waiver within the other parameters such as the larger lot size and setback requirement, for dwelling units with existing valid STR operating permits. There were no objections to exploring adding that into a potential modification. Eliminating all owner occupancy requirements and allowing new permits without the owner occupancy condition was not favored by the committee for numerous reasons. C.J. shared the GIS map created for this internal discussion and helped the committee see the layers and parcels that were within the parameters previously requested. To view the setbacks, a layer for building footprint was added and a measuring tool can be used to see if it meets the current minimum. A layer was not created to show the parcels with existing STR operating permits, but that information can be added. She noted all Town Board members have an account set up to access the Town’s ArcGIS online viewer with interactive map at any time. Rod asked C.J. to send that log in information out to Town Board members again after the study session as a reminder on the available access . She offered to provide static maps if the committee preferred as well. Rich noted the initial expectation of a simple 3-layer map and Rod concurred that initially the GIS map was a lot of information to look at. After C.J. removed the layers not in play and showed the onscreen tools with assistance from Justin helping identify location and other town specific relevance, the committee all agreed that the lot sizes chosen for potential impact did not seem to be largely significant or overly concerning. The exact number of parcels was not able to be determined that evening (need orange color designation only but add in which properties have valid STR permit). Proceeding with the proposed potential changes as discussed appeared to still be warranted after the discussion and Rich offered to begin to wordsmith the potential changes that the committee has discussed so far after sitting back down with and confirming again with Marty and C.J. In summary, an increase to the number of days allowed to short-term rent dwelling units in the Conservation Zone, lots over three (3) acres, where Low Density Residential lot line setbacks are met, existing and valid STR operating permit properties not/no longer required to be owner occupied as well as a version with no grandfathering. This would ideally align with the existing bonus section and add in the owner occupancy waiver as well if the committee chooses that route. 3 7. Institutional Zoning. C.J. distributed a memo to the committee that included an excerpt from the 2014 Town Comprehensive Plan related to the goal and priority “to create new institutional zoning for Cornell University, Ithaca College, and other area institutions.” The relevant implementation status section of the memo was from the recent 10-year Comprehensive Plan implementation lookback presented to the Town Board in November. C.J. gave a high-level overview of why this type of zoning is important and why not having it in the past has been more complex. Marty added that Zoning variances are needed for every project related to unique buildings, height, and similar common items for institutional buildings. The committee was in favor of a more streamlined process for institutions without giving up all town regulatory rights and land use goals. It was agreed that now is a good time to have a scope of work developed by Planning staff for the creation and implementation of Institutional Zoning in the Town of Ithaca that would begin with an assessment on how the projects go through the existing process and would include the existing agreements with the institutions that are in place and the funding sources determining local authority review or not as outlined in the Research and Assessment-Initial Phase in the memo, to be prepared for Planning Committee review in April, It was noted the City of Ithaca has that zoning classification and it may be worth reviewing their language as well as other nearby communities utilizing this zoning class The priority level was discussed and time frame. C.J, suggested the Scope of Work be presented to the Codes & Ordinances Committee per their 2025 work plan, after the subdivision regulations are wrapped up. Specialized help may be sought in addition to staff and COC work and the language could come back to the planning committee as well if they choose. Margaret added that the Cornell School of Architecture, Art, and Planning may have students willing to help with the zoning project as well. 8. Staff updates and reports. C.J. updated on the following: Conifer/West Hill TND Charrette #2 was held and attended by some town staff and board members. These meetings are a requirement of the Town’s New Neighborhood Code. The turnout and public engagement was good and the consultant is preparing a debriefing report to summarize the event. The project’s design team plans to attend the Public Works Committee meeting in February to discuss infrastructure before moving to the late concept review phase and back to the Planning Committee after that. The project has good momentum, and the design team seems to understand the environmental review and GEIS process. That section of NYS Rt. 79 was identified as a priority during the Safe Streets For All regionally initiated highway safety improvement project. The project team has reached out to the NYS DOT regional planning department early in the project discussions. A dedicated project website is live for the proposed project and C.J. will forward that link to anyone who would like to know more. The town is required to update the Flood Damage Prevention Law as the Flood Insurance Rate Maps (FIRMs) have been updated and are anticipated to be effective June 18, 2025. A model local law for the updates has been provided to Towns; Marty and C.J. will draft the changes to be presented in February and March to the committee. County Planning has been involved and offered to coordinate a municipal training for support in late February, the City of Ithaca is heavily impacted and some minor areas of the Town. Staff will attend the training. 9. Next meeting date and upcoming agenda items: Thursday February 20, 2025, 3:00 p.m. The Town of Ithaca Planning Committee meeting concluded at 4:23 p.m. 2-20-2025 Conifer West Hill TND Late Concept Review PROJECT NARRATIVE Project Overview and Vision Conifer Realty LLC proposes a mixed-use traditional neighborhood development (TND) on approximately 50 acres in West Hill, Town of Ithaca, New York, accessed from Mecklenburg Rd (Rte. 79) on parcels 27.-1-13.122 and 27.-1-13.162. This vibrant, pedestrian- friendly community will integrate residential, commercial, and green spaces across three neighborhood transect (NT) zones— NT-3 Neighborhood Edge, NT-4 Neighborhood General, and NT-5 Neighborhood Center—as defined by the Town of Ithaca’s New Neighborhood Code (2020). The West Hill TND will include approximately 400-484 housing units, offering a mix of single-family homes, multi-family units, and senior housing, alongside limited commercial and community spaces. Designed to promote sustainability, efficient land use, and community integration, the neighborhood will provide diverse housing options for various income levels, household sizes, and life stages. Its proximity to the City of Ithaca and Cayuga Medical Center makes it a convenient housing choice for local workers. Strategically placed commercial areas will offer essential services and retail opportunities within walking distance, reducing traffic into Downtown Ithaca while stimulating local economic growth. Adjacent to 22 acres of Town Parks, the development will connect to existing footpaths, enhancing public access to open and forested green spaces for all Town residents. Neighborhood Design The West Hill TND will follow the New Neighborhood Code guidelines, focusing on creating a cohesive and functional neighborhood. The new phased development will create a mixed- density, mixed-income community of up to 484 dwellings. The development will also feature spaces for commercial/ retail use, a bus stop, community trails, and easy access to the currently inaccessible community garden and parkland. Thoroughfare and street patterns will ensure safe and direct access for all users, seamlessly connecting to existing adjacent neighborhoods. Various street types will cater to specific needs and provide multi-modal transportation options. Stormwater management practices will account for stormwater runoff and protect water quality in accordance with local and state guidance, and the details of these plans will be submitted at a later date. Public Outreach The public engagement process consisted of three public design charrettes and multiple stakeholder meetings focused on transportation, utilities, and development. At the first charrette, in August 2024, three design prompts were presented to the public to garner initial comments and feedback on the potential arrangement of building density, open space preservation, and connectivity to the existing neighborhood. The second charrette, in November 2024, was focused on sustainability, demonstrating ways in which the project team can contribute sustainable design practices to the architecture, stormwater management practices, master plan design of the project, etc.. A virtual walking tour of the site (held indoors due to inclement weather), highlighted important existing site conditions and offered the public participants a chance to highlight the site features they desired to preserve or highlight in the design of this new neighborhood. In January 2025, the final public charrette was held at The Hotel Ithaca. A presentation was given to the public about the concept master plan, informed by the charrette process, with a member from each consultant team present to speak about what they heard from the public engagement process to date and how that was influencing the design. After the presentation, members of the public were invited to ask the panel of consultants questions and discuss their concerns. Topic stations were also set up following the presentation to provide the opportunity to talk to consultants about their particular area of expertise on the project. The project team also facilitated conversations with staff members from both the Town of Ithaca and City of Ithaca staff, as well as local organizations and stakeholders to discuss potential issues with and coordination on transportation infrastructure, utility infrastructure, housing market needs, and potential funding sources. A website for the project was set up to share information about the project, the process, and charrette materials as well as allow a platform for the community to express their opinions on the proposed development. At each charrette, participants were encouraged to visit the website for additional public comments. Project Architectural Overview The project proposes a mix of residential residences with ownership and rental opportunities with market rate and affordable options. The neighborhood will be comprised of approximately: • 40-60 single family homes (1-2 stories) • 30-45 townhomes (2-3 stories) • 14-17 small apartment buildings (168-204 units total) (3 stories) • 2 large apartment buildings (140-175 units total) (5 stories (4 stories of residential over 1 story of community/commercial)) Examples of potential commercial uses within this project include informal eateries or dining options, a convenience store or bodega, a small pharmacy, a day care center, and/or other small- scale commercial uses that residents of this project as well as residents of adjacent existing neighborhoods can easily access. The examples given in this text are provided as conceptual ideas, and the details of commercial uses of this project will be defined at a later date and as a result of public input and the interest in tenants to be located here. A community center for the project is proposed as part of this development. This will include a shared resident gathering space, available for private events as well as neighborhood-wide meetings and other programming. All of the buildings will be fully electric and will comply with the Town of Ithaca Energy Code Supplement. A focus on human-scale building and site elements will contribute to the pedestrian experience. Elements that create comfortable human-scale environments include street trees and other plantings, pedestrian-scale lighting and other street furnishings, and ample sidewalks and building setbacks. A variety of building types and aesthetics will further contribute to the overall comfort and character of the neighborhood. This will be achieved by incorporating a mixture of building materials, colors, textures, massing styles, setbacks, façade detailing, overall building massing, and other architectural details in the neighborhoods. When combined, these architectural and site design details will create a sense of design cohesion throughout the project, while also creating a sense of unique identity within each of the transect zones. The intended result is identifiable neighborhood features that blend the different transects to create an intentional neighborhood. 2-20-2025 Conifer West Hill TND Late Concept Review Concept Plan “Main Street” Concept: The plan is centered around two large apartment buildings with commercial space on the ground level, creating a small-scale main street-like environment with a large pedestrian zone for community and social interaction. The apartments, for seniors, are located across from a park, a focal point of the development, leading to the community garden and Town parkland, providing accessibility to these community amenities. Leading to this social hub is a street lined with small apartment buildings, creating a sense of enclosure and a human- scale environment. Preserved Areas: The housing density has been concentrated in the center of the project site, allowing for areas of conservation. To the north, east, and west of the development, areas have been set aside for preservation, providing a visual buffer to the neighbors to the east, environmental services, and wildlife habitat. Stormwater Management: Based on site topography, strategic areas have been set aside for stormwater management practices. These practices will be incorporated into parks and areas for preservation to contribute aesthetically and ecologically to associated green spaces. Pedestrian-Friendly Environment: The development will prioritize pedestrian movement and safety, encouraging walking and cycling. A comprehensive network of streets, sidewalks, and pathways will connect homes to the community garden, parks, commercial areas, and public transportation. These multi-modal transportation options assist the project in reducing its overall carbon emissions by promoting an active lifestyle and taking advantage of car-free recreation and commuting opportunities provided by the project. Parks and Open Spaces: The neighborhood design includes ample green spaces and parks for recreation, aesthetic appeal, and environmental sustainability; including access to 22 acres of Town parkland. Green corridors connect different parts of the neighborhood, providing continuous green spaces for walking, jogging, and biking on a network of sidewalks and trails. This enhances social cohesion of the neighborhood by providing a shared amenity where neighbors can meet and interact with each other. Passive recreation and gathering opportunities will be provided in open green spaces and neighborhood amenities Fire Access Only Town Parkland O a k w o o d L n Preserved Area Preserved Area Preserved Area Linderman Creek Apartments Conifer Village Linderman Creek Apartments Co n i f e r D r Rte 79 Mecklenburg Rd Potential Connection to Bundy Rd Potential Connection to Community Garden and Town Park Ma i n S t r e e t N 0’100’ Large Apartments (140-175 DU) Commercial Space Small Apartments (168-204 DU) Townhomes (30-45 DU) Single-Family Homes (40-60 DU) Parking Stormwater Management Parks Preserved Area 2-20-2025 Conifer West Hill TND Late Concept Review such as seating. Access to the West Hill Community Garden will enable residents to engage in agriculture, promoting local food production and community interaction. Appropriate Allocation of New Neighborhood Code Transect Densities: The New Neighborhood Code defines neighborhood transect (NT) zones, three of which will be applied to this project: NT-3 Neighborhood Edge, NT-4 Neighborhood General, and NT-5 Neighborhood Center. NT-3 Neighborhood Edge is the least dense and allows a high percentage of single-family homes. NT-4 Neighborhood General is a medium-density zone that allows for mixed percentages of townhomes and apartment buildings. NT-5 Neighborhood Center is a higher-density zone that allows for mixed-use apartment buildings. The project applies these transect zones in an appropriate fashion to the site, ensuring that transitions between density respond to surrounding neighborhood conditions, which include an existing primarily single-family residential neighborhood to the east and a medium- density residential neighborhood to the south. Inclusivity and Accessibility: The neighborhood will be inclusive and accessible to people of all ages, abilities, and socioeconomic backgrounds. The percentage of units that will be available as affordable housing, as well as the percentages of area median income (AMI) that these units will be committed to, is in the process of being determined, ensuring individuals and families with varying income levels can reside in the neighborhood. Public spaces and buildings will follow universal design principles to ensure accessibility for people with disabilities. The affordable housing component of this project is partially contingent upon New York State Housing and Community Renewal funding or Low- income Housing Tax Credits. Multi-modal Transportation: Diverse transportation options will reduce reliance on private vehicles and promote sustainable mobility. The neighborhood will be well-connected to existing T-CAT networks, facilitating easy commuting. The design will prioritize pedestrian pathways and minimize the distance between residential areas and essential services, making walking a convenient option. Safe and accessible bike lanes will encourage cycling as a primary transportation mode. Streets will accommodate all users, ensuring safe and efficient mobility. Resident-owned bikes will have safe storage areas, and resident- owned e-bikes or e-scooters will be able to be charged on site. A transportation study during this project’s approvals to ensure that this development integrates well with existing road and transportation infrastructure. Community and Place-Making: The development will foster a strong sense of community through thoughtful design and programming. Design elements like building facades, street furniture and landscaping will create a unique neighborhood identity. Communal spaces like parks, plazas, and community centers will encourage social interaction. Native tree, shrub, and perennial selections will lend a sense of place-based character to outdoor open spaces while creating habitat for pollinators and songbirds. Town Parkland Community Garden 2-3 M i n W a l k 5-6 M i n W a l k O a k w o o d L n Linderman Creek Apartments Conifer Village Linderman Creek Apartments rD refinoC Rte 79 Mecklenburg Rd N 0’100’ 500’ Ra diu s 1000’ R a di u s Stormwater Management Parks Preserved Area Mixed-use Building Small Pub- lic Park 2-20-2025 Conifer West Hill TND Late Concept Review CHARRETTE PROCESS NARRATIVE Charrette/Stakeholder Meeting Structure 1. Charrette 1 (2 Sessions, 3 hours) – August 28th, 2024, 4:00 – 7:00pm 2. Transportation Stakeholders Charrette (1.5 hours) – Monday, October 21, 2024, 3-4:30pm 3. Utilities Stakeholders Charrette (1.5 hours) – Tuesday, October 22, 2024, 2-3:30pm 4. Developer Stakeholders Meeting (1.5 hours) – Thursday, October 31st, 2024, 2-3:30pm 5. Sustainability/Environmental Preservation Charrette (3 hours) – Friday, November 22nd, 2024, 3-6pm 6. Public Charrette 2 (3 hours) – January 15th, 2025, 4 – 7pm Key Takeaways General • There were mixed reactions to proposed commercial space as some people are opposed to all or certain types of businesses while others are interested in small-scale commercial that would offer basic amenities like milk, produce, or coffee. • There are few funding opportunities for commercial development, and suggestions were made to tie it transportation infrastructure and/or create a destination to increase business. • Concerns were expressed about general maintenance of property. • Preservation of the stand of oak trees, mature forest, and wetlands on site is important to the community. Concern was expressed about controlling invasive species and support for using native plant species. Affordability/Ownership/Market Demand • There is a need for for-sale units, rental units for lower income, senior housing (rent and own). • Accessibility should be considered with all types of housing. Site Design • Participants noted the need for accessible site design especially in relation to apartments for seniors, expressing a desire to be close to the community garden as well as providing accessible parking for the garden and park as well as accessible activities for seniors. • There is interest in multi-modal infrastructure and safety. Bicycle paths and walking trails that connect to existing neighborhoods, complete streets, narrow streets, and pedestrian lighting were mentioned. • Support for use of NT-3 transect to blend into the existing neighborhood fabric. Architecture • Concern was expressed about the aesthetics of the building facades and how they might blend into the neighborhood. Preference for blend of traditional and modern styles. • Concern about building heights, blocking views and being overbearing, was voiced. Transportation • Secondary fire access is required for a development with more than 200 units, and it was not understood by neighbors that an emergency connection to Oakwood Ln. would only be used in an emergency if Conifer Drive is blocked. It was mentioned that a connection through Riley Dr. could take a while to develop and the connection to Oakwood might be needed during this time. • A connection to Riley Drive is preferred, and there is strong community opposition to a connection to Oakwood Lane with some open to an emergency only connection with the suggestion of a gate to limit access. • Riley Drive would provide a needed connection between Rte. 79 and 96, and it could improve TCAT routes and provide an opportunity for housing for Cayuga Medical staff with potential for shuttle to reduce traffic. • Additional traffic on Rte. 79 is a concern, and participants described current conditions as unsafe – citing high speeds and regular accidents on Hector St. Need to work with NYSDOT and City of Ithaca on traffic calming measures. A traffic light at Conifer Drive and Rte. 79 was suggested. Rte. 79 might be eligible for HSIP. • Traffic control at Rte. 79 and Conifer Drive might be needed. Internal operations and potential queuing onsite should be reviewed, particularly at the “Main Street” intersection. If the alignment of the main road is shifted west, traffic will speed up. A roundabout was mentioned as a potential way to slow traffic midblock and create a focal point. • There is interest in improving connectivity of pedestrian and bicycle infrastructure throughout the larger neighborhood. Directing bicycles through neighborhood streets like Oakwood Lane was offered as a safer alternative to Rte. 79. • Ithaca Carshare is interested in a partnership, creating a mobility hub, traffic and providing accessibility for low-income households and EV charging stations. Utilities • Capacity of municipal water should not be an issue with the number of units proposed. • The City sewer can be connected to at the interceptor on Rte. 79, and there is the potential to connect to the sewer line on Oakwood Lane with an upgraded pipe. Stormwater • Residents on Oakwood Lane reported current issues with Conifer Village and Linderman Creek stormwater management practices overflowing and runoff flooding basements. • The culvert on Rte. 79 is being replaced next year and the City needs to know if it is sized appropriately. 1 A local law for Flood Damage Prevention as authorized by the New York State Constitution, Article IX, Section 2, and Environmental Conservation Law, Article 36 SECTION 1.0 STATUTORY AUTHORIZATION AND PURPOSE 1.1 FINDINGS The Town Board of the Town of Ithaca finds that the potential and/or actual damages from flooding and erosion may be a problem to the residents of the Town of Ithaca and that such damages may include: de- struction or loss of private and public housing, damage to public facilities, both publicly and privately owned, and injury to and loss of human life. To minimize the threat of such damages and to achieve the purposes and objectives hereinafter set forth, this local law is adopted. 1.2 STATEMENT OF PURPOSE It is the purpose of this local law to promote the public health, safety, and general welfare, and to mini- mize public and private losses due to flood conditions in specific areas by provisions designed to: (1) regulate uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; (2) require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters; (4) control filling, grading, dredging and other development which may increase erosion or flood dam- ages; (5) regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands, and; (6) qualify and maintain for participation in the National Flood Insurance Program. 1.3 OBJECTIVES The objectives of this local law are: (l) to protect human life and health; (2) to minimize expenditure of public money for costly flood control projects; (3) to minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) to minimize prolonged business interruptions; 2 (5) to minimize damage to public facilities and utilities such as water and gas mains, electric, tele- phone, sewer lines, streets and bridges located in areas of special flood hazard; (6) to help maintain a stable tax base by providing for the sound use and development of areas of spe- cial flood hazard so as to minimize future flood blight areas; (7) to provide that developers are notified that property is in an area of special flood hazard; and, (8) to ensure that those who occupy the areas of special flood hazard assume responsibility for their ac- tions. SECTION 2.0 DEFINITIONS Unless specifically defined below, words or phrases used in this local law shall be interpreted so as to give them the meaning they have in common usage and to give this local law its most reasonable application. “Accessory Structure” is a structure used solely for parking (two-car detached garages or smaller) or limited storage, represent a minimal investment of not more than 10 percent of the value of the primary structure, and may not be used for human habitation. "Appeal" means a request for a review of the Local Administrator's interpretation of any provision of this Lo- cal Law or a request for a variance. "Area of shallow flooding" means a designated AO, AH or VO Zone on a community's Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average annual depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where ve- locity flow may be evident. Such flooding is characterized by ponding or sheet flow. "Area of special flood hazard" is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. This area may be designated as Zone A, AE, AH, AO, A1-A30, A99, V, VO, VE, or V1-V30. It is also commonly referred to as the base floodplain or l00-year floodplain. For purposes of this Local Law, the term “special flood hazard area (SFHA)” is synonymous in meaning with the phrase “area of special flood hazard.” "Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year. "Basement" means that portion of a building having its floor subgrade (below ground level) on all sides. "Building" see "Structure" "Cellar" has the same meaning as "Basement". "Crawl Space" means an enclosed area beneath the lowest elevated floor, eighteen inches or more in height, which is used to service the underside of the lowest elevated floor. The elevation of the floor of this enclosed area, which may be of soil, gravel, concrete or other material, must be equal to or above the lowest adjacent ex- terior grade. The enclosed crawl space area shall be properly vented to allow for the equalization of hydrostatic forces which would be experienced during periods of flooding. 3 "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations or storage of equipment or materials. "Elevated building" means a non-basement building (i) built, in the case of a building in Zones A1-A30, AE, A, A99, AO, AH, B, C, X, or D, to have the top of the elevated floor, or in the case of a building in Zones V1- 30, VE, or V, to have the bottom of the lowest horizontal structure member of the elevated floor, elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the flow of the water and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones A1-A30, AE, A, A99, AO, AH, B, C, X, or D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. In the case of Zones V1-V30, VE, or V, "ele- vated building" also includes a building otherwise meeting the definition of "elevated building", even though the lower area is enclosed by means of breakaway walls that meet the federal standards. "Federal Emergency Management Agency" means the Federal agency that administers the National Flood Insurance Program. "Flood" or "Flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (l) the overflow of inland or tidal waters; (2) the unusual and rapid accumulation or runoff of surface waters from any source. "Flood" or "flooding" also means the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some simi- larly unusual and unforeseeable event which results in flooding as defined in (1) above. "Flood Boundary and Floodway Map (FBFM)" means an official map of the community published by the Federal Emergency Management Agency as part of a riverine community's Flood Insurance Study. The FBFM delineates a Regulatory Floodway along water courses studied in detail in the Flood Insurance Study. "Flood Elevation Study" means an examination, evaluation and determination of the flood hazards and, if ap- propriate, corresponding water surface elevations, or an examination, evaluation and determination of flood- related erosion hazards. "Flood Hazard Boundary Map (FHBM)" means an official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been desig- nated as Zone A but no flood elevations are provided. "Flood Insurance Rate Map (FIRM)" means an official map of a community, on which the Federal Emer- gency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. "Flood Insurance Study" see "flood elevation study". "Floodplain" or "Flood-prone area" means any land area susceptible to being inundated by water from any source (see definition of "Flooding"). 4 "Floodproofing" means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. "Floodway" - has the same meaning as "Regulatory Floodway". "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unload- ing of cargo or passengers, shipbuilding, and ship repair facilities. The term does not include long-term storage, manufacturing, sales, or service facilities. "Highest adjacent grade" means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure. "Historic structure" means any structure that is: (1) listed individually in the National Register of Historic Places (a listing maintained by the Depart- ment of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the re- quirements for individual listing on the National Register; (2) certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) individually listed on a state inventory of historic places in states with historic preservation pro- grams which have been approved by the Secretary of the Interior; or (4) individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (i) by an approved state program as determined by the Secretary of the Interior or (ii) directly by the Secretary of the Interior in states without approved programs. "Local Administrator" is the person appointed by the community to administer and implement this local law by granting or denying development permits in accordance with its provisions. This person is often the Build- ing Inspector, Code Enforcement Officer, or employee of an engineering department. "Lowest floor" means lowest floor of the lowest enclosed area (including basement or cellar). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this Local Law. "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utili- ties. The term does not include a "Recreational vehicle" "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. 5 "Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Verti- cal Datum (NGVD) of l929, the North American Vertical Datum of 1988 (NAVD 88), or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. "Mobile home" - has the same meaning as "Manufactured home". "New construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by the community and includes any subsequent improve- ments to such structure. "One-hundred-year flood" or "100-year flood" has the same meaning as "Base Flood". "Principally above ground" means that at least 5l percent of the actual cash value of the structure, excluding land value, is above ground. "Recreational vehicle" means a vehicle which is: (1) built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projections; (3) designed to be self-propelled or permanently towable by a light duty truck; and, (4) not designed primarily for use as a permanent dwelling but as temporary living quarters for recrea- tional, camping, travel, or seasonal use. "Regulatory Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface eleva- tion more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in Section 4.4-2 of this Law. "Start of construction" means the date of permit issuance for new construction and substantial improvements to existing structures, provided that actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement is within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns. Permanent construction does not include land preparation (such as clearing, excavation, grading, or filling), or the installation of streets or walkways, or excavation for a basement, footings, piers or foundations, or the erec- tion of temporary forms, or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual “start of construction” means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that al- teration affects the external dimensions of the building. "Structure" means a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. 6 "Substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. The term includes structures which have incurred "substantial damage", re- gardless of the actual repair work performed. The term does not, however, include either: (1) any project for improvement of a structure to correct existing violations of state or local health, san- itary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (2) any alteration of a "Historic structure", provided that the alteration will not preclude the structure's continued designation as a "Historic structure". "Variance" means a grant of relief from the requirements of this local law which permits construction or use in a manner that would otherwise be prohibited by this local law. “Violation” means the failure of a structure or other development to be fully compliant with the community’s flood plain management regulations. SECTION 3.0 GENERAL PROVISIONS 3.1 LANDS TO WHICH THIS LOCAL LAW APPLIES This local law shall apply to all areas of special flood hazard within the jurisdiction of the Town of Ithaca, Tompkins County 3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard for the Town of Ithaca, Community Number 360851 are identified and defined on the following documents prepared by the Federal Emergency Management Agency. (1) Flood Insurance Rate Map Panels: 36109C0177D, 36109C0179D, 36109C0181D, 36109C0182D, 36109C0183D, 36109C0184D, 36109C0187D, 36109C0189D, 36109C0191D, 36109C0192D, 36109C0193D, 36109C0194D, 36109C0201D, 36109C0202D, 36109C0203D, 36109C0204D, 36109C0211D, 36109C0212D, 36109C0213D, 36109C0214D whose effective date is June 18, 2025. (2) A scientific and engineering report entitled “Flood Insurance Study, Tompkins County, New York, (All Jurisdictions),” dated June 18, 2025. The above documents are hereby adopted and declared to be a part of this Local Law. The Flood Insur- ance Study and/or maps are on file at: ______________________________________________________________________________ ______________________________________________________________________________. 3.3 INTERPRETATION AND CONFLICT WITH OTHER LAWS 7 This Local Law includes all revisions to the National Flood Insurance Program through June 26, 2001, and shall supersede all previous laws adopted for the purpose of flood damage prevention. In their interpretation and application, the provisions of this local law shall be held to be minimum re- quirements, adopted for the promotion of the public health, safety, and welfare. Whenever the require- ments of this local law are at variance with the requirements of any other lawfully adopted rules, regula- tions, or ordinances, the most restrictive, or that imposing the higher standards, shall govern. 3.4 SEVERABILITY The invalidity of any section or provision of this local law shall not invalidate any other section or provi- sion thereof. 3.5 PENALTIES FOR NON-COMPLIANCE No structure in an area of special flood hazard shall hereafter be constructed, located, extended, con- verted, or altered and no land shall be excavated or filled without full compliance with the terms of this local law and any other applicable regulations. Any infraction of the provisions of this local law by fail- ure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation. Any person who violates this lo- cal law or fails to comply with any of its requirements shall, upon conviction thereof, be fined no more than $250 or imprisoned for not more than l5 days or both. Each day of noncompliance shall be consid- ered a separate offense. Nothing herein contained shall prevent the Town of Ithaca from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this local law for which the developer and/or owner has not applied for and received an approved variance under Section 6.0 will be declared non-compliant and notification sent to the Federal Emergency Management Agency. 3.6 WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection required by this local law is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occa- sions. Flood heights may be increased by man-made or natural causes. This local law does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flood- ing or flood damages. This local law shall not create liability on the part of the Town of Ithaca any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this local law, or any administrative decision lawfully made there under. SECTION 4.0 ADMINISTRATION 4.1 DESIGNATION OF THE LOCAL ADMINISTRATOR The Director of Code Enforcement & Zoning is hereby appointed Local Administrator to administer and implement this local law by granting or denying floodplain development permits in accordance with its provisions. 4.2 THE FLOODPLAIN DEVELOPMENT PERMIT 4.2-1 PURPOSE 8 A floodplain development permit is hereby established for all construction and other development to be undertaken in areas of special flood hazard in this community for the purpose of protecting its citizens from increased flood hazards and ensuring that new development is constructed in a manner that minimizes its exposure to flooding. It shall be unlawful to undertake any development in an area of special flood hazard, as shown on the Flood Insurance Rate Map enumerated in Section 3.2, without a valid floodplain development permit. Application for a permit shall be made on forms furnished by the Local Administrator and may include, but not be limited to: plans, in duplicate, drawn to scale and showing: the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. 4.2-2 FEES All applications for a floodplain development permit shall be accompanied by an application fee of $ ____________. In addition, the applicant shall be responsible for reimbursing the Town of Ithaca for any additional costs necessary for review, inspection and approval of this project. The Local Administrator may require a deposit of no more than $500.00 to cover these additional costs. 4.3 APPLICATION FOR A PERMIT The applicant shall provide the following information as appropriate. Additional information may be re- quired on the permit application form. (1) The proposed elevation, in relation to mean sea level, of the lowest floor (including basement or cellar) of any new or substantially improved residential structure to be located in a special flood hazard area. Upon completion of the lowest floor, the permitee shall submit to the Local Adminis- trator the as-built elevation, certified by a licensed professional engineer or surveyor. (2) The proposed elevation, in relation to mean sea level, of the lowest floor (including basement or cellar) of any new or substantially improved non-residential structure to be located in Zones A1- A30, AE, or AH or Zone A if base flood elevation data are available. Upon completion of the low- est floor, the permitee shall submit to the Local Administrator the as-built elevation, certified by a licensed professional engineer or surveyor. (3) The proposed elevation, in relation to mean sea level, to which any new or substantially improved non-residential structure will be floodproofed. Upon completion of the floodproofed portion of the structure, the permitee shall submit to the Local Administrator the as-built floodproofed elevation, certified by a professional engineer or surveyor. (4) A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the criteria in Section 5.2-3, UTILITIES. (5) A certificate from a licensed professional engineer or architect that any non-residential floodproofed structure will meet the floodproofing criteria in Section 5.4, NON-RESIDENTIAL STRUCTURES. (6) A description of the extent to which any watercourse will be altered or relocated as a result of pro- posed development. Computations by a licensed professional engineer must be submitted that demonstrate that the altered or relocated segment will provide equal or greater conveyance than the original stream segment. The applicant must submit any maps, computations or other material re- quired by the Federal Emergency Management Agency (FEMA) to revise the documents enumer- ated in Section 3.2, when notified by the Local Administrator, and must pay any fees or other costs 9 assessed by FEMA for this purpose. The applicant must also provide assurances that the convey- ance capacity of the altered or relocated stream segment will be maintained. (7) A technical analysis, by a licensed professional engineer, if required by the Local Administrator, which shows whether proposed development to be located in an area of special flood hazard may result in physical damage to any other property. (8) In Zone A, when no base flood elevation data are available from other sources, base flood elevation data shall be provided by the permit applicant for subdivision proposals and other proposed devel- opments (including proposals for manufactured home and recreational vehicle parks and subdivi- sions) that are greater than either 50 lots or 5 acres. 4.4 DUTIES AND RESPONSIBILITIES OF THE LOCAL ADMINISTRATOR Duties of the Local Administrator shall include, but not be limited to the following. 4.4-1 PERMIT APPLICATION REVIEW The Local Administrator shall conduct the following permit application review before issuing a floodplain development permit: (1) Review all applications for completeness, particularly with the requirements of subsection 4.3, APPLICATION FOR A PERMIT, and for compliance with the provisions and standards of this law. (2) Review subdivision and other proposed new development, including manufactured home parks to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is located in an area of special flood hazard, all new construction and substantial improvements shall meet the applicable standards of Section 5.0, CONSTRUCTION STANDARDS and, in particular, sub-section 5.1-1 SUBDIVISION PROPOSALS. (3) Determine whether any proposed development in an area of special flood hazard may result in physical damage to any other property (e.g., stream bank erosion and increased flood veloci- ties). The Local Administrator may require the applicant to submit additional technical anal- yses and data necessary to complete the determination. If the proposed development may result in physical damage to any other property or fails to meet the requirements of Section 5.0, CONSTRUCTION STANDARDS, no permit shall be issued. The applicant may revise the application to include measures that mitigate or elimi- nate the adverse effects and re-submit the application. (4) Determine that all necessary permits have been received from those governmental agencies from which approval is required by State or Federal law. 4.4-2 USE OF OTHER FLOOD DATA (1) When the Federal Emergency Management Agency has designated areas of special flood haz- ard on the community's Flood Insurance Rate map (FIRM) but has neither produced water surface elevation data (these areas are designated Zone A or V on the FIRM) nor identified a floodway, the Local Administrator shall obtain, review and reasonably utilize any base flood 10 elevation and floodway data available from a Federal, State or other source, including data developed pursuant to paragraph 4.3(7), as criteria for requiring that new construction, sub- stantial improvements or other proposed development meet the requirements of this law. (2) When base flood elevation data are not available, the Local Administrator may use flood in- formation from any other authoritative source, such as historical data, to establish flood eleva- tions within the areas of special flood hazard, for the purposes of this law. (3) When an area of special flood hazard, base flood elevation, and/or floodway data are available from a Federal, State or other authoritative source, but differ from the data in the documents enumerated in Section 3.2, the Local Administrator may reasonably utilize the other flood in- formation to enforce more restrictive development standards. 4.4-3 ALTERATION OF WATERCOURSES (l) Notification to adjacent municipalities that may be affected and the New York State Depart- ment of Environmental Conservation prior to permitting any alteration or relocation of a wa- tercourse and submit evidence of such notification to the Regional Administrator, Region II, Federal Emergency Management Agency. (2) Determine that the permit holder has provided for maintenance within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. 4.4-4 CONSTRUCTION STAGE (1) In Zones A1-A30, AE and AH, and Zone A if base flood elevation data are available, upon placement of the lowest floor or completion of floodproofing of a new or substantially im- proved structure, obtain from the permit holder a certification of the as-built elevation of the lowest floor or floodproofed elevation, in relation to mean sea level. The certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engi- neer and certified by same. For manufactured homes, the permit holder shall submit the cer- tificate of elevation upon placement of the structure on the site. A certificate of elevation must also be submitted for a recreational vehicle if it remains on a site for 180 consecutive days or longer (unless it is fully licensed and ready for highway use). (2) Any further work undertaken prior to submission and approval of the certification shall be at the permit holder's risk. The Local Administrator shall review all data submitted. Deficien- cies detected shall be cause to issue a stop work order for the project unless immediately cor- rected. 4.4-5 INSPECTIONS The Local Administrator and/or the developer's engineer or architect shall make periodic inspec- tions at appropriate times throughout the period of construction to monitor compliance with permit conditions and enable said inspector to certify, if requested, that the development is in compliance with the requirements of the floodplain development permit and/or any variance provisions. 4.4-6 STOP WORK ORDERS 11 (1) The Local Administrator shall issue, or cause to be issued, a stop work order for any floodplain de- velopment found ongoing without a development permit. Disregard of a stop work order shall sub- ject the violator to the penalties described in Section 3.5 of this local law. (2) The Local Administrator shall issue, or cause to be issued, a stop work order for any floodplain de- velopment found non-compliant with the provisions of this law and/or the conditions of the devel- opment permit. Disregard of a stop work order shall subject the violator to the penalties described in Section 3.5 of this local law. 4.4-7 CERTIFICATE OF COMPLIANCE (l) In areas of special flood hazard, as determined by documents enumerated in Section 3.2, it shall be unlawful to occupy or to permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of compliance has been issued by the Lo- cal Administrator stating that the building or land conforms to the requirements of this local law. (2) A certificate of compliance shall be issued by the Local Administrator upon satisfactory com- pletion of all development in areas of special flood hazard. (3) Issuance of the certificate shall be based upon the inspections conducted as prescribed in Sec- tion 4.4-5, INSPECTIONS, and/or any certified elevations, hydraulic data, floodproofing, an- choring requirements or encroachment analyses which may have been required as a condition of the approved permit. 4.4-8 INFORMATION TO BE RETAINED The Local Administrator shall retain and make available for inspection, copies of the following: (1) Floodplain development permits and certificates of compliance; (2) Certifications of as-built lowest floor elevations of structures, required pursuant to sub-sec- tions 4.4-4(1) and 4.4-4(2), and whether or not the structures contain a basement; (3) Floodproofing certificates required pursuant to sub-section 4.4-4(1), and whether or not the structures contain a basement; (4) Variances issued pursuant to Section 6.0, VARIANCE PROCEDURES; and, (5) Notices required under sub-section 4.4-3, ALTERATION OF WATERCOURSES. SECTION 5.0 CONSTRUCTION STANDARDS 5.1 GENERAL STANDARDS The following standards apply to new development, including new and substantially improved structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in Section 3.2. 12 5.1-1 SUBDIVISION PROPOSALS The following standards apply to all new subdivision proposals and other proposed development in areas of special flood hazard (including proposals for manufactured home and recreational vehicle parks and subdivisions): (l) Proposals shall be consistent with the need to minimize flood damage; (2) Public utilities and facilities such as sewer, gas, electrical and water systems shall be located and constructed so as to minimize flood damage; and, (3) Adequate drainage shall be provided to reduce exposure to flood damage. 5.1-2 ENCROACHMENTS (1) Within Zones A1-A30 and AE, on streams without a regulatory floodway, no new construc- tion, substantial improvements or other development (including fill) shall be permitted unless: (i) the applicant demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any location, or, (ii) the Town of Ithaca agrees to apply to the Federal Emergency Management Agency (FEMA)for a conditional FIRM revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the Town of Ithaca for all fees and other costs in relation to the application. The applicant must also pro- vide all data, analyses and mapping and reimburse the Town of Ithaca for all costs re- lated to the final map revision. (2) On streams with a regulatory floodway, as shown on the Flood Boundary and Floodway Map or the Flood Insurance Rate Map adopted in Section 3.2, no new construction, substantial im- provements or other development in the floodway (including fill) shall be permitted unless: (i) a technical evaluation by a licensed professional engineer demonstrates through hy- drologic and hydraulic analyses performed in accordance with standard engineering practice that such an encroachment shall not result in any increase in flood levels during occurrence of the base flood, or, (ii) the Town of Ithaca agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM and floodway revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the Town of Ithaca for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the Town of Ithaca for all costs related to the final map revisions. (3) In Zones A1-A30, AE and AH, and also Zone A if base flood elevation data are available, if any development is found to increase or decrease base flood elevations, the shall as soon as practicable, but not later than six months after the date such information be- comes available, notify FEMA and the New York State Department of Environmental Con- servation of the changes by submitting technical or scientific data in accordance with standard engineering practice. 13 5.2 STANDARDS FOR ALL STRUCTURES The following standards apply to new development, including new and substantially improved structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in Section 3.2. 5.2-1 ANCHORING New structures and substantial improvement to structures in areas of special flood hazard shall be anchored to prevent flotation, collapse, or lateral movement during the base flood. This require- ment is in addition to applicable State and local anchoring requirements for resisting wind forces. 5.2-2 CONSTRUCTION MATERIALS AND METHODS (l) New construction and substantial improvements to structures shall be constructed with materi- als and utility equipment resistant to flood damage. (2) New construction and substantial improvements to structures shall be constructed using meth- ods and practices that minimize flood damage. (3) For enclosed areas below the lowest floor of a structure within Zones A1-A30, AE, AO or A, new and substantially improved structures shall have fully enclosed areas below the lowest floor that are useable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding, designed to automatically equalize hydro- static flood forces on exterior walls by allowing for the entry and exit of flood waters. De- signs for meeting this requirement must either be certified by a licensed professional engineer or architect or meet or exceed the following minimum criteria: (i) a minimum of two openings of each enclosed area having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; (ii) the bottom of all such openings no higher than one foot above the lowest adjacent finished grade and; (iii) openings not less than three inches in any direction. Openings may be equipped with louvers, valves, screens or other coverings or devices pro- vided they permit the automatic entry and exit of floodwaters. Enclosed areas sub-grade on all sides are considered basements and are not permitted. 5.2-3 UTILITIES (1) New and replacement electrical equipment, heating, ventilating, air conditioning, plumbing connections, and other service equipment shall be located at least two feet above the base flood elevation, at least three feet above the highest adjacent grade in a Zone A without an available base flood elevation where permitted, or be designed to prevent water from entering and accumulating within the components during a flood and to resist hydrostatic and hydrody- namic loads and stresses. Electrical wiring and outlets, switches, junction boxes and panels shall be elevated or designed to prevent water from entering and accumulating within the components unless they conform to the appropriate provisions of the electrical part of the 14 Building Code of New York State or the Residential Code of New York State for location of such items in wet locations; (2) New and replacement water supply systems shall be designed to minimize or eliminate infil- tration of flood waters into the system; (3) New and replacement sanitary sewage systems shall be designed to minimize or eliminate in- filtration of flood waters. Sanitary sewer and storm drainage systems for buildings that have openings below the base flood elevation shall be provided with automatic backflow valves or other automatic backflow devices that are installed in each discharge line passing through a building's exterior wall; and, (4) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 5.2-4 STORAGE TANKS (1) Underground tanks shall be anchored to prevent flotation, collapse and lateral movement during conditions of the base flood. (2) Above-ground tanks shall be: a. anchored to prevent floatation, collapse or lateral movement during conditions of the base flood or; b. installed at or above the base flood elevation as shown on the Flood Insurance Rate Map enumerated in Section 3.2 plus two feet. 5.3 RESIDENTIAL STRUCTURES 5.3-1 ELEVATION The following standards apply to new and substantially improved residential structures located in areas of special flood hazard, in addition to the requirements in sub-sections 5.1-1, SUBDIVISION PROPOSALS, and 5.1-2, ENCROACHMENTS, and Section 5.2, STANDARDS FOR ALL STRUCTURES. (1) Within Special Flood Hazard Areas, new construction and substantial improvements shall have the lowest floor (including basement) elevated to or above two feet above the base flood elevation. (2) Within Zone A, if the Base flood elevation is not specified, a base flood elevation shall be de- termined by either of the following: a. Obtain and reasonably use data available from a federal, state or other source plus 2 feet of freeboard or: b. Determine the base flood elevation in accordance with accepted hydrologic and hydraulic engineering practices, plus freeboard. Determinations shall be undertaken by a registered design professional who shall be documented that the technical methods used reflect 15 currently accepted engineering practice. Studies, analyses, and computations shall be sub- mitted in sufficient detail to allow thorough review and approval. (3) Within Zone AO, new construction and substantial improvements shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's Flood Insurance Rate Map enumerated in Sec- tion 3.2 plus two feet of freeboard, or not less than 3 feet if a depth number is not specified. (4) Within Zones AH and AO, adequate drainage paths are required to guide flood waters around and away from proposed structures on slopes. 5.4 NON-RESIDENTIAL STRUCTURES The following standards apply to new and substantially improved commercial, industrial and other non- residential structures located in areas of special flood hazard, in addition to the requirements in sub-sec- tions 5.1-1, SUBDIVISION PROPOSALS, and 5.1-2, ENCROACHMENTS, and Section 5.2, STANDARDS FOR ALL STRUCTURES. (1) Within Zones A1-A30, AE and AH, and also Zone A if base flood elevation data are available, new construction and substantial improvements of any non-residential structure shall either: (i) have the lowest floor, including basement or cellar, elevated to or above two feet above the base flood elevation; or (ii) be floodproofed so that the structure is watertight below two feet above the base flood ele- vation, including attendant utility and sanitary facilities, with walls substantially impermeable to the passage of water. All structural components located below the base flood level must be capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. (2) Within Zone AO, new construction and substantial improvements of non-residential structures shall: (i) have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM plus two feet (at least three feet if no depth number is specified), or (ii) together with attendant utility and sanitary facilities, be completely floodproofed to that level to meet the floodproofing standard specified in sub-section 5.4(1)(ii) (3) If the structure is to be floodproofed, a licensed professional engineer or architect shall develop and/or review structural design, specifications, and plans for construction. A Floodproofing Certifi- cate or other certification shall be provided to the Local Administrator that certifies the design and methods of construction are in accordance with accepted standards of practice for meeting the pro- visions of Section 5.4(1)(ii), including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed. (4) Within Zones AH and AO, adequate drainage paths are required to guide flood waters around and away from proposed structures on slopes. (5) Within Zone A, when no base flood elevation data are available, the lowest floor (including base- ment) shall be elevated at least three feet above the highest adjacent grade. 16 5.5 MANUFACTURED HOMES AND RECREATIONAL VEHICLES The following standards in addition to the standards in Section 5.1, GENERAL STANDARDS, and Sec- tion 5.2, STANDARDS FOR ALL STRUCTURES apply, as indicated, in areas of special flood hazard to manufactured homes and to recreational vehicles which are located in areas of special flood hazard. (1) Recreational vehicles placed on sites within Zones A1-A30, AE and AH shall either: (i) be on site fewer than 180 consecutive days, (ii) be fully licensed and ready for highway use, or (iii) meet the requirements for manufactured homes in paragraphs 5.5(2), (3) and (4). A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions. (2) A manufactured home that is placed or substantially improved in Zones A1-A30, AE, AH and Zone A shall be elevated on a permanent foundation such that the bottom of the frame of the manufac- tured home chassis is elevated to or above two feet above the base flood elevation and is securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral move- ment. (3) Within Zone AO, the bottom of the frame of the manufactured home chassis shall be elevated above the highest adjacent grade at least as high as the depth number specified on the Flood Insurance Rate Map enumerated in Section 3.2 plus two feet (at least three feet if no depth number is speci- fied). (4) The foundation and anchorage of manufactured homes to be located in identified floodways shall be designed and constructed in accordance with Section 5.2-1, ANCHORING. 5.6 ACCESSORY STRUCTURES INCLUDING DETACHED GARAGES The following standards apply to new and substantially improved accessory structures, including detached garages, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in Sec- tion 3.2. (1) The accessory structure must meet the definition of structure, for floodplain management purposes, provided in 44 CFR § 59.1, where walled and roofed shall be interpreted as having two outside rigid walls and a fully secured roof. (2) The accessory structure should be small, as defined by the community and approved by FEMA, and represent a minimal investment. Accessory structures of any size may be considered for a variance; however, FEMA considers accessory structures that meet the following criteria to be small and therefore not necessarily in need of a variance, if the community chooses to allow it: a. Located in an A Zone (A, AE, A1-A30, AR, A99) and less than or equal to the size of a one- story, two-car garage. 17 (3) Accessory structures must meet the standards of Section 5.2-1, ANCHORING, (4) The portions of the accessory structure located below BFE plus two feet of freeboard must be con- structed with flood-resistant materials. (5) Mechanical and utility equipment for the accessory structure must be elevated or dry floodproofed to or above BFE plus two feet of freeboard. (6) Within Zones AO and Zone A, if base flood elevation data are not available, areas below three feet above the highest adjacent grade shall be constructed using methods and practices that minimize flood damage. (7) The accessory structure must comply with the floodway encroachment provisions of the NFIP. (8) The accessory structure must be wet floodproofed to protect the structure from hydrostatic pressure. The design must meet the NFIP design and performance standards for openings per 44 CFR § 60.3(c)(5) and must allow for the automatic entry and exit of floodwaters without manual operation or the presence of a person (or persons). SECTION 6.0 VARIANCE PROCEDURE 6.1 APPEALS BOARD (l) The Zoning Board of Appeals as established by the Town Board shall hear and decide appeals and requests for variances from the requirements of this local law. (2) The Zoning Board of Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Local Administrator in the enforcement or administration of this local law. (3) Those aggrieved by the decision of the Zoning Board of Appeals may appeal such decision to the Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules. (4) In passing upon such applications, the Zoning Board of Appeals shall consider all technical evalua- tions, all relevant factors, standards specified in other sections of this local law and: (i) the danger that materials may be swept onto other lands to the injury of others; (ii) the danger to life and property due to flooding or erosion damage; (iii) the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (iv) the importance of the services provided by the proposed facility to the community; (v) the necessity to the facility of a waterfront location, where applicable; (vi) the availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; 18 (vii) the compatibility of the proposed use with existing and anticipated development; (viii) the relationship of the proposed use to the comprehensive plan and floodplain manage- ment program of that area; (ix) the safety of access to the property in times of flood for ordinary and emergency vehicles; (x) the costs to local governments and the dangers associated with conducting search and res- cue operations during periods of flooding; (xi) the expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and (xii) the costs of providing governmental services during and after flood conditions, includ- ing search and rescue operations, maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems and streets and bridges. (5) Upon consideration of the factors of Section 6.l(4) and the purposes of this local law, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this local law. (6) The Local Administrator shall maintain the records of all appeal actions including technical infor- mation and report any variances to the Federal Emergency Management Agency upon request. 6.2 CONDITIONS FOR VARIANCES (l) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (i-xii) in Section 6.l(4) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification re- quired for issuing the variance increases. (2) Variances may be issued for the repair or rehabilitation of historic structures upon determination that: (i) the proposed repair or rehabilitation will not preclude the structure's continued designation as a "Historic structure"; and (ii) the variance is the minimum necessary to preserve the historic character and design of the structure. (3) Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that: (i) the criteria of subparagraphs l, 4, 5, and 6 of this Section are met; and (ii) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threat to public safety. 19 (4) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (5) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (6) Variances shall only be issued upon receiving written justification of: (i) a showing of good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant; and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances. (7) Any applicant to whom a variance is granted for a building with the lowest floor below the base flood elevation shall be given written notice over the signature of a community official that: (i) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insur- ance coverage; and (ii) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required in Section 4.4-8 of this Local Law. 20 Be it enacted this __________ day of ___________________, 20___ by the ___________________________________________ of the ________________________ ____________________________________,______________________________ County, New York, to be effective ________________________________________________. _____________________________ _____________________________ _____________________________ _____________________________ _____________________________ _____________________________ SEAL _________________________________________ ATTEST_________________________________CLERK i Attachment A MODEL FLOODPLAIN DEVELOPMENT APPLICATION FORM ii APPLICATION #________ Page 1 of 4 FLOODPLAIN DEVELOPMENT PERMIT APPLICATION This form is to be filled out in duplicate. SECTION 1: GENERAL PROVISIONS (APPLICANT to read and sign): 1. No work may start until a permit is issued. 2. The permit may be revoked if any false statements are made herein. 3. If revoked, all work must cease until permit is re-issued. 4. Development shall not be used or occupied until a Certificate of Compliance is issued. 5. The permit is invalid if no work is commenced within six months of issuance, and expires 2 years from date of issuance . 6. Applicant is hereby informed that other permits may be required to fulfill local, state and federal regulatory requirements. 7. Applicant hereby gives consent to the Local Administrator or his/her representative to make reasonable inspections required to verify compliance. 8. I, THE APPLICANT, CERTIFY THAT ALL STATEMENTS HEREIN AND IN ATTACHMENTS TO THIS APPLICATION ARE, TO THE BEST OF MY KNOWLEDGE, TRUE AND ACCURATE. (APPLICANT'S SIGNATURE) DATE SECTION 2: PROPOSED DEVELOPMENT (To be completed by APPLICANT) NAME ADDRESS TELEPHONE APPLICANT _________________________________________________________________________________________________ BUILDER _________________________________________________________________________________________________ ENGI- NEER _____________________________________________________ ____________________________ PROJECT LOCATION: To avoid delay in processing the application, please provide enough information to easily identify the project location. Provide the street address, lot number or legal description (attach) and, outside urban areas, the distance to the nearest intersecting r oad or well- known landmark. A map attached to this application, and a sketch showing the project layout would be helpful. 3 APPLICATION #________ PAGE 2 of 4 DESCRIPTION OF WORK (Check all applicable boxes): A. STRUCTURAL DEVELOPMENT ACTIVITY STRUCTURE TYPE  New Structure  Residential (1-4 Family)  Addition  Residential (More than 4 Family)  Alteration  Non-residential (Floodproofing?  Yes  No)  Relocation  Combined Use (Residential & Commercial)  Demolition  Manufactured (Mobile) Home  Replacement (In Manufactured Home Park?  Yes  No) ESTIMATED COST OF PROJECT $_________________ B. OTHER DEVELOPMENT ACTIVITIES:  Fill  Mining  Drilling  Grading  Excavation (Except for Structural Development Checked Above)  Watercourse Alteration (Including Dredging and Channel Modifications)  Drainage Improvements (Including Culvert Work), Stormwater Control Structures or Ponds  Road, Street or Bridge Construction  Subdivision (New or Expansion)  Individual Water or Sewer System  Other (Please Specify)___________________________________________________________________ After completing SECTION 2, APPLICANT should submit form to Local Administrator for review. SECTION 3: FLOODPLAIN DETERMINATION (To be completed by LOCAL ADMINISTRATOR) The proposed development is located on FIRM Panel No. , Dated . The Proposed Development:  The proposed development is reasonably safe from flooding. Entire property is in Zone B, C or X.  The proposed development is in adjacent to a flood prone area. 100-Year flood elevation at the site is: __________Ft.  NGVD 1929/  NAVD 1988 (MSL)  Unavailable  See Section 4 for additional instructions for development that is or may be in a flood prone area. SIGNED DATE iv APPLICATION #________ PAGE 3 of 4 SECTION 4: ADDITIONAL INFORMATION REQUIRED (To be completed by LOCAL ADMINISTRATOR) The applicant must submit the documents checked below before the application can be processed:  A site plan showing the location of all existing structures, water bodies, adjacent roads, lot dimensions and proposed development.  Development plans and specifications, drawn to scale, including where applicable: details for anchoring structures, pro- posed elevation of lowest floor (including basement), types of water resistant materials used below the first floor, details of floodproofing of utilities located below the first floor, details of enclosures below the first floor, openings in founda- tion for entry and exit of floodwaters. Other____________________________________________  Elevation Certificate  Subdivision or other development plans (If the subdivision or other development exceeds 50 lots or 5 acres, which- ever is the lesser, the applicant must provide 100-year flood elevations if they are not otherwise available).  Plans showing the watercourse location, proposed relocations, Floodway location.  Topographic information showing existing and proposed grades, location of all proposed fill.  Top of new fill elevation __________Ft.  NGVD 1929/  NAVD 1988 (MSL)  PE Certification of Soil Compaction  Floodproofing protection level (non-residential only)  NGVD 1929/  NAVD 1988 (MSL) For floodproofed structures, applicant must attach certification from registered engineer or architect.  Other: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ SECTION 5: PERMIT DETERMINATION (To be completed by LOCAL ADMINISTRATOR) I have determined that the proposed activity: A.  Is B.  Is not in conformance with provisions of Local Law #_________, (yr)______. This permit is herby issued subject to the conditions at- tached to and made part of this permit. SIGNED__________________________________, DATE_______________________________ If BOX A is checked, the Local Administrator may issue a Development Permit upon payment of designated fee. If BOX B is checked, the Local Administrator will provide a written summary of deficiencies. Applicant may revise and resubmit an application to the Local Administrator or may request a hearing from the Board of Appeals. Expiration Date: ______________________ v APPLICATION #________ Page 4 of 4 APPEALS: Appealed to Board of Appeals?  Yes  No Hearing date:__________________________ Appeals Board Decision --- Approved?  Yes  No Conditions: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ SECTION 6: AS-BUILT ELEVATIONS (To be submitted by APPLICANT before Certificate of Compliance is issued) The following information must be provided for project structures. This section must be completed by a registered profession al engi- neer or a licensed land surveyor (or attach a certification to this application). Complete 1 or 2 below. 1. Actual (As-Built) Elevation of the top of the lowest floor, including basement (in Coastal High Hazard Areas, bottom of low- est structural member of the lowest floor, excluding piling and columns) is: FT.  NGVD 1929/  NAVD 1988 (MSL). Attach Elevation Certificate FEMA Form 81-31 2. Actual (As-Built) Elevation of floodproofing protection is FT.  NGVD 1929/  NAVD 1988 (MSL). Attach Floodproofing Certificate FEMA Form 81-65 NOTE: Any work performed prior to submittal of the above information is at the risk of the Applicant. SECTION 7: COMPLIANCE ACTION (To be completed by LOCAL ADMINISTRATOR) The LOCAL ADMINISTRATOR will complete this section as applicable based on inspection of the project to ensure compliance with the community's local law for flood damage prevention. INSPECTIONS: DATE____________BY_____________DEFICIENCIES?  YES  NO DATE____________BY_____________DEFICIENCIES?  YES  NO DATE____________BY_____________DEFICIENCIES?  YES  NO SECTION 8: CERTIFICATE OF COMPLIANCE(To be completed by LOCAL ADMINISTRATOR) Certificate of Compliance issued: DATE: ________________________________ BY: _______________________________________________ i Attachment B SAMPLE CERTIFICATE OF COMPLIANCE for Development in a Special Flood Hazard Area ii CERTIFICATE OF COMPLIANCE FOR DEVELOPMENT IN A SPECIAL FLOOD HAZARD AREA (Owner Must Retain This Certificate) Premises located at: __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ Owner: __________________________________________________________ Owner’s Address: __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ Permit No. ___ Permit Date: _______ Check One: New Building Existing Building Fill Other: The Local Floodplain Administrator is to complete a. or b. below: a. Compliance is hereby certified with the requirements of Local Law No. , (yr) . Signed: Dated: b. Compliance is hereby certified with the requirements of Local Law No. , (yr) , as modified by variance no. , dated . Signed: Dated: ________________________ Model Local Law for Flood Damage Prevention Optional Additional Language General Comments. The Model Local Law for Flood Damage Prevention contains language that complies with the floodplain management requirements of the National Flood Insurance Program (NFIP) contained in federal regulations 44 CFR 60.3 through 44 CFR 60.6. These requirements are minimum requirements for participation in the NFIP. The Federal Emergency Management Agency (FEMA) has calculated that buildings built to these standards suffer 70% less flood related damage than unprotected buildings. However, they can still suffer damage, so higher protection levels are warranted in most instances. For example, floods can be higher than the base flood elevation for various reasons, including larger storms, downstream obstructions, increased watershed development and floodplain filling. Setting higher standards protects against these risks. Many of the following techniques result in lower flood insurance premiums either directly or through the Community Rating System (CRS). The CRS is a FEMA program that provides discounts for communities that take measures that are beyond the minimum requirements of the NFIP. CRS certification requires a community to accumulate at least 500 points. Flood insurance policies within communities with over 500 CRS points receive a five percent discount on each individual insurance premium. Flood insurance policies within flood hazard areas in CRS communities receive an additional five percent discount for each additional 500 points. Contact NYS DEC or visit the CRS Resource Center at http://training.fema.gov/emiweb/crs/ for more information about the Community Rating System. The following pages contain ideas for options to decrease your community’s flood risk. These are all optional. Each page contains an explanation of the measure and language that may be used. Should your community decide to utilize any of these measures, please make sure that any changes are brought to the attention of NYSDEC so that we may review the final language and assure that it is compliant with FEMA’s regulations. For more information about techniques to reduce flood risk in your community, see the publication “No Adverse Impact: A Toolkit for Common Sense Floodplain Management” by the Association of State Floodplain Managers (ASFPM). The Toolkit may be viewed at http://www.floods.org/NoAdverseImpact/NAI_Toolkit_2003.pdf or ordered directly from ASFPM by calling 608-828-3000. Questions about these materials may be addressed to the NYS DEC Floodplain Management Section at 518-402-8185 or floodplain@dec.us.gov. Model Local Law for Flood Damage Prevention Optional Additional Language Critical Facilities. Explanation: Certain special hazard or otherwise critical facilities should not be located within a flood prone area due to the serious danger to life and health and widespread social or economic dislocation that would result when the facility is subjected to flooding. Such facilities either have the potential to create significant environmental or health risk, or are needed for community support services during a disaster. Requiring protection for critical facilities serves several purposes: it reduces threats to life and health; it reduces damage to vital public facilities; it reduces pollution of floodwaters by hazardous materials; and it ensures that the facilities will be operable during most flood emergencies. The Community Rating System (CRS) provides 100 points to communities that prohibit critical facilities within the 500-year floodplain. To add the requirement, add a definition of “Critical Facilities” to page 3 of the Model Local Law as follows: Critical facilities means: (1) Structures or facilities that produce, use, or store highly volatile, flammable, explosive, toxic and/or water-reactive materials; (2) Hospitals, nursing homes, and housing likely to contain occupants who may not be sufficiently mobile to avoid death or injury during a flood; (3) Police stations, fire stations, vehicle and equipment storage facilities, and emergency operations centers that are needed for flood response activities before, during, and after a flood; and (4) Public and private utility facilities that are vital to maintaining or restoring normal services to flooded areas before, during, and after a flood. Add a new Section 5.7 as follows: 5.7 Critical Facilities In order to prevent potential flood damage to certain facilities that would result in serious danger to life and health, or widespread social or economic dislocation, no new critical facility shall be located within any Area of Special Flood Hazard, or within any 500-year flood zone shown as a B zone or a Shaded X zone on the Community’s Flood Insurance Rate Maps. Commented [CR1]: Town asked if we could amend to County Hazard Mitigation Plan definition of critical facilities Commented [CR2]: Engineering Model Local Law for Flood Damage Prevention Optional Additional Language Areas Behind Levees or below High Hazard Dams. Explanation: Areas that are protected by levees that provide at least three feet of protection above the 100-year flood are usually not mapped as floodprone on FIRM’s. Such levees can fail or overtop. There are also many areas that would be inundated by floodwaters should an upstream dam fail or overtop. While the probability of levee or dam failure is low in most areas, the consequences of such failure are large. In the case of levees, a community may wish to apply flood elevation requirements to the levee protected area as though the levee was not there. In the case of a dam, the community may have access to an inundation map in the event of a dam failure. For a community to apply flood protection development standards to areas below dams or behind levees, it must first have a map of the affected area. To include these areas, the definition of “Area of special flood hazard” definition would have to be amended to include areas that the community has identified through a map of levee protected areas and/or dam failure inundation zones. In addition, Section 3.2, which adopts the Flood Insurance Rate Map and Flood Insurance Study for the community, would have to be amended to include the appropriate maps. Commented [CR3]: Cayuga Inlet - Ithaca - Left Bank and Coy Glen Commented [CR4]: Treman Lake Dam is NYS-owned. Intermediate and High-Hazard Dams in New York State, 2017: https://wwe1.osc.state.ny.us/localgov/dams/damsalldata.cfm