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HomeMy WebLinkAboutTB Packet 2017-12-11 r A. Meeting of the Ithaca Town Board Monday, Decenrber 11, 20.17 at 5:30 pan. r a, A 215 North Tioga Street, Ithaca, NY 14850 Ir Agenda 1) Call to Carder and Pledge of Allegiance ) Per-soars to be Heard incl Boaard Comments ;) Public hearings: a) A local law adding a chapter titled "Operating Permits for Certain Residential Rental Units" to the Town of Ithaca Code h) A local law amending the'Town of Ithaca Code, Chapter 125 titled "Building Construction and. Fire Prevention", to add requirements for operating permits and inspections for curtain residential rental units and accessory dwelling units, and to add permit requirements upon transfer of title c) A local law amending the Town of Ithaca Code, Chapter-270 entitled "Zoning", regarding accessory dwelling units 4) Discuss and consider SEAR determination for the above proposed local laws 5) Discuss and consider adoption of a local law adding a chapter Titled "Operating Permits for Certain Residential Rental Units" to the Town of Ithaca Cade and a local law amending the Town of Ithaca Code, Chapter- 1.25 titled "Building Construction and Fire Prevention", to add requirements for operating permits and inspections for certain residential rental units and accessory dwelling units, and to add permit requirements upon transfer of title and a local law amending the Town erf Ithaca Code, Chapter-270 entitled "Zoning" regarding accessory dwelling units 6) Discuss and consider an Carder Setting a Public Hearing Regarding Engineering and Final Design Services for a Proposed Sewer Improvement for the Town of Ithacaa, Tompkins County, New York, pursuant to Article 12-C of the Town Law, to be known as the Town of Ithaca Crit Removal, Concrete Restoration, Emergency Generator Replacement„ and Miscellaneous Plant Improvements Engineering and Final Design Services Sewer Improvement at the Ithaca Area Wastewater Treatment Facility, and establishing the Town of Ithaca Grit Removal, Concrete Restoration, Emergency Generator Replacement, and Miscellaneous Plant Improvcmetits Engineering and Final Design Services Sewer Improvement Area 7) discuss and consider- approval of the revised Official Town of Ithaca Zoning Map 8) Discuss and consider acceptance of Sewer Improvements at the Therm Inc. Manufacturing Facility and authorize the Town Supervisor to execute associated easement 9) Consent Agenda a. Approval of Town Board minutes b. Approval of Town of Ithaca Abstract c. Ratify Public Works appointments—Working Supervisor(2) d. Ratify Public Works appointments—Heavy Equipment Operator (2) e. Ratify Public Works appointments—Motor Equipment Operator f. Ratify Public Works appointment—Senior Heavy Equipment Mechanic g. Ratify Public Works appointment-- Heavy Equipment Mechanic h. Ratify Bolton Point provisional appointment—Water Treatment Plant Operator Assistant L Permanent Appointment of Electrical/code Enforcement Officer(2) 10)Officials and/or Committee Reports 11)Consider and executive session to discuss the acquisition of real property 12)Adjourn MEETING OF THE ITHACA TOWN BOARD Monday, October 16, 2017 TB Resolution 2017- : SEQR Regarding, (1) "A Local Law Amending,the Town of Ithaca Code, Chater 270 Entitled "Zoning" Regarding Accessory Dwelling Units", J2) "'A Local Law Adding a Chapter Titled "Operating Permits For Certain Residential Rental Units: to the Town of Ithaca Code, (3) "A Local Law Amending the Town of Ithaca Code, Chapter 125 Titled "Building, Construction and Fire Prevention" to Add Requirements for Operating Permits and Inspections for Certain Residential Rental Units and to Add Permit Requirements Upon Transfer of Title Whereas, this action is the proposed enactment 6f: I "A Local Law Amending the Town of Ithaca Code, Chapter 270 Entitled "Zoning" Regarding Accessory Dwelling, Units",, 2. "A Local Law Adding a Chapter Titled "Operating Penints For Certain Res(lential Relltal Units: to the Town of'Ithaca Code, 3. "A Local Law Amending the Tow,d1`6f1t'haca Code, Chapter 125 Titled "Building Construction and Fire Prevention- to Ada!,,R&l6ii-etpents for'Qperating Permits and hispectio[is �for Certain Residential Rental Units nand tri ,Add P&rh,' t'Requiremehts t-JponTransfer of Title; and Whereas, thisis:,aT)'Pe I Action for whiieh1he Town ofIthaca Town Board is acting as Lead Agency in an environmental rcv eW with respect to the enactment of these local laws; and the Town Board, at its regular meeting held on December 11, 2017 has reviewe'datacl accepted as tad eqUatC`ihC',Full Env ironmentalAssessnient Form (EAF), Parts 1, 2 0, , and 3, for action, prepared by the T 6'w0i Planning staff; now, therefore, be it Resolved,'that the Town'.of Ithaca Town Board hereby makes a negative determination of environmental significance in `a6c''ordance with Article 8 of the Environiriental Conservation Law, 6 NYCRR Part'017 blew,York State Environmental Quality Review, and Chapter 148 Environmental Quality Review of the Town of Ithaca Code for the above-referenced action as Proposed, based on the int61-mation in the EAF Part I and for the reasons set forth in the EAF Parts 2 and 3, and, therefore, as Draft Environmental Impact Statement will not be required. Moved: Seconded: Full Environmental Assessment Form Part I-Project and Setting Instructions for Completing Part 1 Part 1 is to be completed by the applicant or project sponsor. Responses become part of the application for approval or funding, are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information;indicate whether missing information does not exist, or is not reasonably available to the sponsor;and,when possible,generally describe work or studies which would be necessary to update or fully develop that information. Applicants/sponsors must complete all items in Sections A&B. In Sections C,D&E,most items contain an initial question that must be answered either"Yes"or"No". If the answer to the initial question is"Yes",complete the sub-questions,that follow. If the answer to the initial question is"No",proceed to the next question. Section F allows the project sponsor to identify and attach any additional information. Section G requires the name and signature of the project sponsor to verify that the information contained in Part lis accurate and complete. A.Project and Sponsor Information. Name of Action or Project: Enactment of local laws amending Town Code Chapters 270-Zoning,regarding accessory dwelling units,and 125-Building Construction and Fire Prevention and adding a new chapter titled Operating Permits for Certain Rental Units. Project Location(describe,and attach a general location map): The local laws apply town wide. Brief Description of Proposed Action(include purpose or need): The proposed laws include: 1)Amending Chapter 270 of Town Code,"Zoning",to add provisions pertaining to accessory dwelling units; 2)Amending Chapter 125 of Town Code,'Building Construction and Fire Prevention",to add requirements for operating permits and Inspections for certain residential rental units and to add permit requirements upon transfer of title;3)Add a new Chapter to the Town Code titled"Operating Permits for Certain Residential Rental Units." Major elements of the local laws include:Establishment of a residential rental operating permit program applicable to accessory dwelling units(ADUs)and other rented residential dwellings that are rented for terms of at least 30 consecutive days and that are not currently required to have an operating permit (€.e.single family dwellings,duplexes,second dwelling units that are constructed entirely within the basement of a dwelling and are equal In size to the other dwelling unit);restricting the size of the floor area in new accessory dwelling units(including those constructed within a basement)to 70%the size of the primary dwelling,or 800 sq.ft.,whichever is less;requiring owner-occupancy in one of the dwelling units on a lot with a new ADU,except for those in the HDR Zone;removing provisions for elder cottages and adding new provisions to allow detached ADUs to be stand alone structures,not required to be part of another accessory structure(i.e.garage). Name of Applicant/Sponsor: Telephone:607-273-1747 Town of Ithaca E-Mail: Address:215 N.Toga Street City/PO:Ithaca State:NY Zip Code:14850 Project Contact(if not same as sponsor;give name and title/role): Telephone:607-273-1747 Susan Ritter,Director of Planning E-Mail:sdtter@town.ithaca.ny.us Address: same as above City/PO: State: Zip Code: Property Owner (if not same as sponsor): Telephone: E-Mail: Address: City/PO: State: Zip Code: Page 1 (of Part 1) B.Government Approvals ........................................ B.Government Approvals, Funding,orSponsorship. ("Funding" includes grants,loans,tax relief,and any other forms of financial assistance.) Government Entity If Yes: Identify Agency and Approval(s) Application Date Required (Actual or projected) a, City Council,Town Board, OYcsF-1No Ithaca Town Board Public hearing scheduled for 10/16/17 or Village Board of" Trustees b. City,Town or Village E]YesONo Planning Board or Commission C. City COU1161,Town or FlYesONo Village Zoning, Board of Appeals cl.Other local agencies F-lYcsONo e. County agencies [—]YcsONo county Planning Deparlment GML 2394,-m,-n review requirement;no official approval involved. f. Regional agencies ElYesONo g. State agencies E]YesONo h. Federal agencies ElY i. Coastal Resources. i. Is the project site within aC..'oastal Area,or tlievvalcrftontarea ofa Designated Inland Waterway'! 6ZYesElNo ii. Is the project site located in aconuflUnity with an approved Local Waterfront Revitalization Program? 0 YesONo iii. Is the project site within a Coastal Erosion Hazard Area? El YesONo C. Planning and Zoning C.I. Planning and zoning actions. Will administrative or legislative adoption, or amendment of plan, local,law,ordinance, rule or regulation be the 5ZYesMNo only approval(s)which must be granted to enable the proposed action to proceed'? 0 If Yes,complete sections C', I"and G 0 If No,proceed to question C.2 and complete all remaining sections and questions in Part I C.2.Adopted land use plans. a, Do any municipally-adopted (city,town,village or county)comprehensive land use plan(s)include tile site 6IYesMNo where the proposed action would be located? If Yes,does the comprehensive plan include specific recommendations for the site where the proposed action C]YesONo would be located'? b. Is the site ofthe proposed action within any local or regional special planning district(for example: Greenway OYesMNo, Brownfield Opportunity Area(BOO A);designated State or Federal heritage area; watershed management plan, or other?) If Yes,identify the plan(s): QayqgA-LgKQ.Watershed Restoration and Protegfion-Plan RQ-O-1Jr1rrrQ?MDq- !Sgrlemic Byway,Eo[eg1-lpTe Historic District -—-----------...............................--................----................ ........................ ................ ---——----- ................ ........ c. Is the proposed action located wholly or partially within an area listed in an adopted municipal open space plan, 5ZIYes[:]No or an adopted municipal farmland protection plan? If Yes, identify the plan(s); Town of Ithaca..6griculture and Farmland Protection Plan(2Q1 1)_ToWp p 11hpqp Fg!�,Egg_( q1ion and.Dpg(!.5pgce Plan . tad .... J_____ .......... ........... Page 2 C.3. Zoning a. Is the site of the proposed action located in a municipality with an adopted zoning law or ordinance. 0 Yes❑No If Yes,what is the zoning classification(s)including any applicable overlay district? All zoning districts in the Town are affected by provisions in the laws. b. Is the use permitted or allowed by a special or conditional use permit? Not applicable ❑Yes❑No c.Is a zoning change requested as part of the proposed action? ❑Yes®No If Yes, i.What is the proposed new zoning for the site? The Town zoning chapter is being amended.This action is not targeted to a particular site. CA.Existing community services. a. In what school district is the project site located? Ithaca City School District b.What police or other public protection forces serve the project site? Tompkins County Sheriff,Cornell University Campus Safety,Ithaca College Public Safety.NYS Police c.Which fire protection and emergency medical services serve the project site? Ithaca Fire Department,Cayuqa Heights Fire Department,Bangs Ambulance d.What parks serve the project site? There are numerous town parks,preserves and trails that serve the community in various locations of the town. In addition there are two State Parks, Buttermilk Falls S.P.and Robert H.Treman S.P.,located within the town. D.Project Details Note:Sections D-E are not required to be completed for this action involving adoption of local laws. DA.Proposed and Potential Development a.What is the general nature of the proposed action(e.g.,residential,industrial,commercial,recreational;if mixed,include all components)? b.a.Total acreage of the site of the proposed action? acres b.Total acreage to be physically disturbed? acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? acres c.Is the proposed action an expansion of an existing project or use? ❑Yes❑No i. If Yes,what is the approximate percentage of the proposed expansion and identify the units(e.g.,acres,miles,housing units, square feet)? % Units: d.Is the proposed action a subdivision,or does it include a subdivision? ❑Yes❑No If Yes, L Purpose or type of subdivision?(e.g.,residential,industrial,commercial;if mixed,specify types) ii. Is a cluster/conservation layout proposed? ❑Yes❑No iii.Number of lots proposed? iv. Minimum and maximum proposed lot sizes? Minimum Maximum e.Will proposed action be constructed in multiple phases? ❑Yes❑No L If No,anticipated period of construction: months ii. If Yes: • Total number of phases anticipated • Anticipated commencement date of phase 1 (including demolition) month year • Anticipated completion date of final phase month year • Generally describe connections or relationships among phases,including any contingencies where progress of one phase may determine timing or duration of future phases: Page 3 e.Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district ❑Yes[]No which is listed on,or has been nominated by the NYS Board of Historic Preservation for inclusion on,the State or National Register of Historic Places? If Yes: L Nature of historic/archaeological resource: ❑Archaeological Site ❑Historic Building or District ii.Name: iii.Brief description of attributes on which listing is based: f.Is the project site,or any portion of it,located in or adjacent to an area designated as sensitive for ❑Yes❑No archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory? g.Have additional archaeological or historic site(s)or resources been identified on the project site? ❑Yes❑No If Yes: L Describe possible resource(s): ii.Basis for identification: h.Is the project site within fives miles of any officially designated and publicly accessible federal,state,or local ❑Yes❑No scenic or aesthetic resource? If Yes: i. Identify resource: ii.Nature of,or basis for,designation(e.g.,established highway overlook,state or local park,state historic trail or scenic byway, etc.): M. Distance between project and resource: miles. i. Is the project site located within a designated river corridor under the Wild,Scenic and Recreational Rivers ❑Yes[]No Program 6 NYCRR 666? If Yes: L Identify the name of the river and its designation: ii. Is the activity consistent with development restrictions contained in 6NYCRR Part 666? ❑Yes❑No F.Additional Information Attach any additional information which may be needed to clarify your project. If you have identified any adverse impacts which could be associated with your proposal,please describe those impacts plus any measures which you propose to avoid or minimize them. G. Verification I certify that the information provided is true to the best of my knowledge. Applicant/Sponsor Name William Goodman Date Signature Title Town Supervisor Please note that pages 4-12 were not pertinent to this action and were PRINT FORM Page 13 (of Part 1) removed. Full Environmental Assessment Form project Agency Use Only(If applicable) Part 2-Identification of Potential Project Impacts Date: Part 2 is to be completed by the lead agency. Part 2 is designed to help the lead agency inventory all potential resources that could be affected by a proposed project or action. We recognize that the lead agency's reviewer(s)will not necessarily be environmental professionals. So,the questions are designed to walk a reviewer through the assessment process by providing a series of questions that can be answered using the information found in Part 1. To further assist the lead agency in completing Part 2,the form identifies the most relevant questions in Part 1 that will provide the information needed to answer the Part 2 question. When Part 2 is completed,the lead agency will have identified the relevant environmental areas that may be impacted by the proposed activity. If the lead agency is a state agency and the action is in any Coastal Area,complete the Coastal Assessment Form before proceeding with this assessment. Tips for completing Part 2: • Review all of the information provided in Part 1. • Review any application,maps,supporting materials and the Full EAF Workbook. • Answer each of the 18 questions in Part 2. • If you answer"Yes"to a numbered question,please complete all the questions that follow in that section. • If you answer"No"to a numbered question,move on to the next numbered question. • Check appropriate column to indicate the anticipated size of the impact. • Proposed projects that would exceed a numeric threshold contained in a question should result in the reviewing agency checking the box"Moderate to large impact may occur." • The reviewer is not expected to be an expert in environmental analysis. • If you are not sure or undecided about the size of an impact,it may help to review the sub-questions for'the general question and consult the workbook. • When answering a question consider all components of the proposed activity,that is,the"whole action"! • Consider the possibility for long-term and cumulative impacts as well as direct impacts. • Answer the question in a reasonable manner considering the scale and context of the project. 1. Impact on Land Proposed action may involve construction on,or physical alteration of, []NO YES the land surface of the proposed site. (See Part 1.D.1) I "Yes", answer questions a-J. 1 "No", move on to Section 2. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may involve construction on land where depth to water table is E2d � ❑ less than 3 feet. b.The proposed action may involve construction on slopes of 15%or greater. E2f ❑ ❑ c.The proposed action may involve construction on land where bedrock is exposed,or E2a ❑ ❑ generally within 5 feet of existing ground surface. d.The proposed action may involve the excavation and removal of more than 1,000 tons D2a ❑ ❑ of natural material. e.The proposed action may involve construction that continues for more than one year D 1 e ❑ ❑ or in multiple phases. f.The proposed action may result in increased erosion,whether from physical D2e,D2q ❑ ❑ disturbance or vegetation removal(including from treatment by herbicides). g.The proposed action is,or may be,located within a Coastal Erosion hazard area. B 1 i ❑ ❑ h.Other impacts:The new proposed provision allowing a detached accessory dwelling 0 ❑ unit(ADU)as a stand alone structure(not part of a garage or barn) could result in land disturbances and construction in the yards of single family dwellings where it previously would not generally occur.The disturbance would,however,be relatively insignificant given that the floor area of ADUs are limited to 800 square feet in size. Page 1 of 10 (of Part 2) 2. Impact on Geological Features The proposed action may result in the modification or destruction of,or inhibit access to,any unique or unusual land forms on the site(e.g.,cliffs,dunes, ONO ❑YES minerals,fossils,caves). (See Part 1.E.2.g) I "Yes", answer questions a-c. 1 "No", move on to Section 3. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.Identify the specific land form(s)attached: Egg ❑ ❑ b.The proposed action may affect or is adjacent to a geological feature listed as a E3c ❑ ❑ registered National Natural Landmark. Specific feature: c. Other impacts: ❑ ❑ 3. Impacts on Surface Water The proposed action may affect one or more wetlands or other surface water ❑NO ®YES bodies(e.g.,streams,rivers,ponds or lakes). (See Part 1.D.2,E.21) 1 "Yes", answer questions a-1. 1 "No", move on to Section 4. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may create a new water body. D2b,Dlh ❑ ❑ b.The proposed action may result in an increase or decrease of over 10%or more than a D2b ❑ ❑ 10 acre increase or decrease in the surface area of any body of water. c.The proposed action may involve dredging more than 100 cubic yards of material D2a ❑ ❑ from a wetland or water body. d.The proposed action may involve construction within or adjoining a freshwater or E2h ❑ ❑ tidal wetland,or in the bed or banks of any other water body. e.The proposed action may create turbidity in a waterbody,either from upland erosion, D2a,D2h ❑ ❑ runoff or by disturbing bottom sediments. f.The proposed action may include construction of one or more intake(s)for withdrawal D2c ❑ ❑ of water from surface water. g.The proposed action may include construction of one or more outfall(s)for discharge D2d ❑ ❑ of wastewater to surface water(s). h.The proposed action may cause soil erosion,or otherwise create a source of D2e ❑ ❑ stormwater discharge that may lead to siltation or other degradation of receiving water bodies. i.The proposed action may affect the water quality of any water bodies within or E2h ❑ ❑ downstream of the site of the proposed action. j.The proposed action may involve the application of pesticides or herbicides in or D2q,E2h ❑ ❑ around any water body. k.The proposed action may require the construction of new,or expansion of existing, D l a,D2d ❑ ❑ wastewater treatment facilities. Page 2 of 10 (of Part 2) 1.Other impacts;Allowing detached ADUs as stand alone structures may increase the amount ❑ imperviousness in the yards of single family dwellings where it previously might not exist. The impacts would be insignificant given that the floor area of detached ADUs are limited to 800 sq.ft.in size. 4. Impact on groundwater The proposed action may result in new or additional use of ground water,or ®NO ❑YES may have the potential to introduce contaminants to ground water or an aquifer. (See Part 1.D.2.a,D.2.c,D.2.d,D.2.p,D.2.q,D.2.t) If"Yes", answer questions a-h. If"No", move on to Section 5. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may require new water supply wells,or create additional demand D2c ❑ ❑ on supplies from existing water supply wells. b.Water supply demand from the proposed action may exceed safe and sustainable D2c o' ❑ withdrawal capacity rate of the local supply or aquifer. Cite Source: c.The proposed action may allow or result in residential uses in areas without water and D 1 a,132c ❑ ❑ sewer services. d.The proposed action may include or require wastewater discharged to groundwater. D2d,E21 ❑ ❑ e.The proposed action may result in the construction of water supply wells in locations D2c,E If, ❑ ❑ where groundwater is,or is suspected to be,contaminated. Elg,Elh f.The proposed action may require the bulk storage of petroleum or chemical products 132p,E21 ❑ ❑ over ground water or an aquifer. g.The proposed action may involve the commercial application of pesticides within 100 E2h,D2q, ❑ ❑ feet of potable drinking water or irrigation sources. E21,D2c h. Other impacts: ❑ ❑ 5. Impact on Flooding The proposed action may result in development on lands subject to flooding. ❑NO ®YES (See Part 1.E.2) I "Yes", answer questions a-g. I "No", move on to Section 6 Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may result in development in a designated floodway. E2i ❑ ❑ b.The proposed action may result in development within a 100 year floodplain. E2j ❑ ❑ c.The proposed action may result in development within a 500 year floodplain. Elk ❑ ❑ d.The proposed action may result in,or require,modification of existing drainage 132b,D2e ❑ ❑ patterns. e.The proposed action may change flood water flows that contribute to flooding. D2b,E2i, ❑ ❑ E2',E2k f.If there is a dam located on the site of the proposed action,is the dam in need of repair, E 1 e ❑ ❑ or upgrade? Page 3 of 10(of Part 2) g.Other impacts: Allowing detached ADUs as stand alone structures may increase the amount imperviousness in the yards of single family dwellings where it 0 ❑ previously might not exist. The impacts would be insignificant given that the floor area of detached ADUs are limited to 800 sq.ft.in size. 6. Impacts on Air The proposed action may include a state regulated air emission source. ✓ONO []YES (See Part 1. D.2.f.,D,2,h,D.2.g) If"Yes", answer questions a-f If"No", move on to Section 7. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.If the proposed action requires federal or state air emission permits,the action may also emit one or more greenhouse gases at or above the following levels: L More than 1000 tons/year of carbon dioxide(COD D2g ❑ ❑ ii. More than 3.5 tons/year of nitrous oxide(NZO) D2g ❑ ❑ iii.More than 1000 tons/year of carbon equivalent of perfluorocarbons(PFCs) D2g ❑ ❑ iv.More than.045 tons/year of sulfur hexafluoride(SF6) D2g 13 ❑❑ 13v. More than 1000 tons/year of carbon dioxide equivalent of D2g hydrochloroflourocarbons(HFCs)emissions vi.43 tons/year or more of methane D2h ❑ ❑ b.The proposed action may generate 10 tons/year or more of any one designated D2g ❑ ❑ hazardous air pollutant,or 25 tons/year or more of any combination of such hazardous air pollutants. c.The proposed action may require a state air registration,or may produce an emissions D2f,D2g ❑ ❑ rate of total contaminants that may exceed 51bs.per hour,or may include a heat source capable of producing more than 10 million BTU's per hour. d.The proposed action may reach 50%of any of the thresholds in"a"through"c", D2g ❑ ❑ above. e.The proposed action may result in the combustion or thermal treatment of more than 1 D2s ❑ ❑ ton of refuse per hour. f Other impacts: ❑ ❑ 7. Impact on Plants and Animals The proposed action may result in a loss of flora or fauna. (See Part 1. E.2.m.-q.) ®NO []YES 1 "Yes", answer questions a-j. 1 "No", move on to Section 8. Relevant No,or Moderate Part 1 small to large Question(s) impact impact may may occur occur a.The proposed action may cause reduction in population or loss of individuals of any Ego ❑ ❑ threatened or endangered species,as listed by New York State or the Federal government,that use the site,or are found on,over,or near the site. b.The proposed action may result in a reduction or degradation of any habitat used by Ego ❑ ❑ any rare,threatened or endangered species,as listed by New York State or the federal government. c.The proposed action may cause reduction in population,or loss of individuals,of any E2p ❑ ❑ species of special concern or conservation need,as listed by New York State or the Federal government,that use the site,or are found on,over,or near the site. d.The proposed action may result in a reduction or degradation of any habitat used by E2p ❑ ❑ any species of special concern and conservation need,as listed by New York State or the Federal government. Page 4 of 10(of Part 2) e.The proposed action may diminish the capacity of a registered National Natural E3c ❑ ❑ Landmark to support the biological community it was established to protect. f.The proposed action may result in the removal of,or ground disturbance in,any E2n ❑ ❑ portion of a designated significant natural community. Source: g.The proposed action may substantially interfere with nesting/breeding,foraging,or E2m ❑ ❑ over-wintering habitat for the predominant species that occupy or use the project site. h.The proposed action requires the conversion of more than 10 acres of forest, Elb ❑ ❑ grassland or any other regionally or locally important habitat. Habitat type&information source: i.Proposed action(commercial,industrial or recreational projects,only)involves use of D2q ❑ ❑ herbicides or pesticides. j.Other impacts: ❑ ❑ 8. Impact on Agricultural Resources The proposed action may impact agricultural resources. (See Part 1.E.3.a.and b.) ❑✓NO ❑YES 1 "Yes", answer questions a-h. 1 `No", move on to Section 9. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may impact soil classified within soil group 1 through 4 of the E2c,E3b ❑I', ❑ NYS Land Classification System. b.The proposed action may sever,cross or otherwise limit access to agricultural land Ela,Elb ❑ ❑ (includes cropland,hayfields,pasture,vineyard,orchard,etc). c.The proposed action may result in the excavation or compaction of the soil profile of E3b ❑ ❑ active agricultural land. d.The proposed action may irreversibly convert agricultural land to non-agricultural Elb,E3a ❑ ❑ uses,either more than 2.5 acres if located in an Agricultural District,or more than 10 acres if not within an Agricultural District. e.The proposed action may disrupt or prevent installation of an agricultural land El a,Elb ❑' ❑ management system. f.The proposed action may result,directly or indirectly,in increased development C2c,C3, ❑ ❑ potential or pressure on farmland. D2c,D2d g.The proposed project is not consistent with the adopted municipal Farmland C2c ❑ ❑ Protection Plan. h.Other impacts: ❑ ❑ Page 5 of 10 (of Part 2) 9. Impact on Aesthetic Resources The land use of the proposed action are obviously different from,or are in ❑✓NO []YES sharp contrast to,current land use patterns between the proposed project and a scenic or aesthetic resource. (Part 1. E.La,E.Lb,E.31.) 1 "Yes", answer questions a-g. 1 "No",go to Section 10. Relevant No,or Moderate Part 1 small to large Question(s) Impact impact may may occur occur a.Proposed action may be visible from any officially designated federal,state,or local E3h ❑ ❑ scenic or aesthetic resource. b.The proposed action may result in the obstruction,elimination or significant E3h,C2b ❑ ❑ screening of one or more officially designated scenic views. c.The proposed action may be visible from publicly accessible vantage points: E3h i.Seasonally(e.g.,screened by summer foliage,but visible during other seasons) ❑ ❑ ii.Year round ❑ ❑ d.The situation or activity in which viewers are engaged while viewing the proposed E3h action is: E2q, i. Routine travel by residents,including travel to and from work ❑ ❑ ii.Recreational or tourism based activities Elc ❑ ❑ e.The proposed action may cause a diminishment of the public enjoyment and E3h ❑ ❑ appreciation of the designated aesthetic resource. f. There are similar projects visible within the following distance of the proposed Dla,Ela, ❑ ❑ project: Dlf,Dig 0-112 mile %z-3 mile 3-5 mile 5+ mile g.Other impacts: ❑ ❑ 10. Impact on Historic and Archeological Resources The proposed action may occur in or adjacent to a historic or archaeological []NO ❑✓ YES resource. (Part 1.E.3.e,f.and g.) If"Yes", answer questions a-e. If"No",go to Section 11. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may occur wholly or partially within,or substantially contiguous E3e ❑ ❑ to,any buildings,archaeological site or district which is listed on or has been nominated by the NYS Board of Historic Preservation for inclusion on the State or National Register of Historic Places. b.The proposed action may occur wholly or partially within,or substantially contiguous E3f ❑ ❑ to,an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory. c.The proposed action may occur wholly or partially within,or substantially contiguous E3g ❑ ❑ to,an archaeological site not included on the NY SHPO inventory. Source: Page 6 of 10 Allowing detached ADUs as stand alone structures could impact the Forest d.Other impacts Home Historic District by allowing ADUs in the yards of single family homes © ❑ where they are not currently allowed.The impacts are not anticipated to be significant given requirements limiting ADU size,placement and lot coverage. If any of the above(a-d)are answered"Moderate to large impact may e. occur",continue with the following questions to help support conclusions in Part 3: i. The proposed action may result in the destruction or alteration of all or part De,E3g, ❑ ❑ of the site or property. E3f ii. The proposed action may result in the alteration of the property's setting or De,E3f, ❑ ❑ integrity. E3g,E 1 a, Elb iii. The proposed action may result in the introduction of visual elements which Be,E3f, ❑ ❑ are out of character with the site or property,or may alter its setting. E3g,E3h, C2,C3 11. Impact on Open Space and Recreation The proposed action may result in a loss of recreational opportunities or a R✓ NO FJYES reduction of an open space resource as designated in any adopted municipal open space plan. (See Part 1.C.2.c,E.l.c.,E.2.q.) 1 "Yes", answer questions a-e. 1 "No",go to Section 12. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may result in an impairment of natural functions,or"ecosystem D2e,Elb ❑ ❑ services",provided by an undeveloped area,including but not limited to stormwater E2h, storage,nutrient cycling,wildlife habitat. E2m,E2o, E2n,E2 b.The proposed action may result in the loss of a current or future recreational resource. C2a,EIc, ❑ ❑ C2c,E2 c.The proposed action may eliminate open space or recreational resource in an area C2a,C2c ❑ ❑ with few such resources. Etc,E2q d.The proposed action may result in loss of an area now used informally by the C2c,Etc ❑ ❑ community as an open space resource. e. Other impacts: ❑ ❑ 12. Impact on Critical Environmental Areas The proposed action may be located within or adjacent to a critical ❑NO ❑✓ YES enviromnental area(CEA). (See Part 1.E.3.d) 1 "Yes", answer questions a-c. 1 "No",go to Section 13. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may result in a reduction in the quantity of the resource or E3d ❑ ❑ characteristic which was the basis for designation of the CEA. b.The proposed action may result in a reduction in the quality of the resource or E3d ❑ ❑ characteristic which was the basis for designation of the CEA. c.Other impacts:Allowing detached ADUs as stand alone structures could potentially affect the ❑ ❑ CEA by allowing ADUs in the yards of single family homes where they are not currently allowed.The impacts are not anticipated to be significant given the requirements limiting ADU size,placement and lot coverage. Page 7 of 10 (of Part 2) 8 13. Impact on Transportation The proposed action may result in a change to existing transportation systems. R✓ NO YES (See Part 1.D.2 j) 1 "Yes", answer questions a-f 1 "No",go to Section 14. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.Projected traffic increase may exceed capacity of existing road network. D2j ❑ ❑ b.The proposed action may result in the construction of paved parking area for 500 or D2j ❑ ❑ more vehicles. c.The proposed action will degrade existing transit access. D2j ❑ ❑ d.The proposed action will degrade existing pedestrian or bicycle accommodations. D2j ❑ ❑ e.The proposed action may alter the present pattern of movement of people or goods. D2j o ❑ f. Other impacts: ❑ ❑ 14. Impact on Energy The proposed action may cause an increase in the use of any form of energy. 0NO [—]YES (See Part 1. D.21) 1 "Yes", answer questions a-e. 1 "No",go to Section 15. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action will require a new,or an upgrade to an existing,substation. D2k ❑ ❑ b.The proposed action will require the creation or extension of an energy transmission DIf, ❑ ❑ or supply system to serve more than 50 single or two-family residences or to serve a Dlq,D2k commercial or industrial use. c.The proposed action may utilize more than 2,500 MWhrs per year of electricity. D2k ❑ ❑ d.The proposed action may involve heating and/or cooling of more than 100,000 square Dlg ❑ ❑ feet of building area when completed. e.Other Impacts: 15. Impact on Noise,Odor,and Light The proposed action may result in an increase in noise,odors,or outdoor lighting. [:]NO ❑✓ YES (See Part 1.D.2.m.,n.,and o.) 1 "Yes", answer questions a-.f 1 "No",go to Section 16. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may produce sound above noise levels established by local D2m ❑ ❑ regulation. b.The proposed action may result in blasting within 1,500 feet of any residence, D2m,Eld ❑ ❑ hospital,school,licensed day care center,or nursing home. c.The proposed action may result in routine odors for more than one hour per day. D2o ❑ ❑ Page 8 of 10 d.The proposed action may result in light shining onto adjoining properties. D2n ❑ ❑ e.The proposed action may result in lighting creating sky-glow brighter than existing D2n,Ela ❑ ❑ area conditions. f.Other impacts:Allowing ADUs as stand alone structures could impact adjacent neighbors by 0 ❑ introducing associated sounds,lights,and smells in the yards of single family I toniss whem tl ey would not ot!a wise occur 91 it;impacts we,tot a, d to be significant given limitations on size and placement of AD s. 16. Impact on Human Health The proposed action may have an impact on human health from exposure ❑✓ NO ❑YES to new or existing sources of contaminants. (See Part l.D.2.q.,E.1. d. f. g.and h.) 1 "Yes", answer questions a-m. 1 "No", o to Section 17. Relevant No,or Moderate Part I small to large Question(s) impact impact may may cccur occur a.The proposed action is located within 1500 feet of a school,hospital,licensed day E1 d ❑ ❑ care center,group home,nursing home or retirement community. b.The site of the proposed action is currently undergoing remediation. Elg,Elh ❑ ❑ c.There is a completed emergency spill remediation,or a completed environmental site Elg, Elh ❑ ❑ remediation on,or adjacent to,the site of the proposed action. d.The site of the action is subject to an institutional control limiting the use of the Elg,Elh ❑ ❑ property(e.g.,easement or deed restriction). e.The proposed action may affect institutional control measures that were put in place Elg,Elh ❑ ❑ to ensure that the site remains protective of the environment and human health. f.The proposed action has adequate control measures in place to ensure that future D2t ❑ ❑ generation,treatment and/or disposal of hazardous wastes will be protective of the environment and human health. g.The proposed action involves construction or modification of a solid waste D2q,Elf ❑ ❑ management facility. h.The proposed action may result in the unearthing of solid or hazardous waste. D2q,Elf ❑ ❑ i.The proposed action may result in an increase in the rate of disposal,or processing,of D2r,D2s ❑ ❑ solid waste. j.The proposed action may result in excavation or other disturbance within 2000 feet of Elf,Etg ❑ ❑ a site used for the disposal of solid or hazardous waste. Elh k.The proposed action may result in the migration of explosive gases from a landfill E 1 f,E I g ❑ ❑ site to adjacent off site structures. 1.The proposed action may result in the release of contaminated leachate from the D2s,E If, ❑ ❑ project site. D2r m.Other impacts: Page 9 of 10 (of Part 2) 17. Consistency with Community Plans The proposed action is not consistent with adopted land use plans. R✓ NO YES (See Part 1. C.1,C.2.and C.3.) If"Yes", answer questions a-h. If"No", go to Section 18. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action's land use components may be different from,or in sharp C2,C3,Dla ❑ ❑ contrast to,current surrounding land use pattern(s). Ela,E 1 b b.The proposed action will cause the permanent population of the city,town or village C2 ❑ ❑ in which the project is located to grow by more than 5%. c.The proposed action is inconsistent with local land use plans or zoning regulations. C2,C2,C3 ❑ ❑ d.The proposed action is inconsistent with any County plans,or other regional land use C2,C2 ❑ ❑ plans. e.The proposed action may cause a change in the density of development that is not C3,D 1 c, ❑ 0 supported by existing infrastructure or is distant from existing infrastructure. Did,D 1 f, Did,Elb f.The proposed action is located in an area characterized by low density development C4,132c,D2d ❑ 0 that will require new or expanded public infrastructure. D2j g.The proposed action may induce secondary development impacts(e.g.,residential or C2a ❑ ❑ commercial development not included in the proposed action) h.Other: ❑ ❑ 18. Consistency with Community Character The proposed project is inconsistent with the existing community character. R✓NO YES (See Part 1.C.2,C.3,D.2,E.3) 1 "Yes", answer questions a-g. I "No",proceed to Part 3. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may replace or eliminate existing facilities,structures,or areas Be,E3f,E3g 0 ❑ of historic importance to the community. b.The proposed action may create a demand for additional community services(e.g. C4 ❑ ❑ schools,police and fire) c.The proposed action may displace affordable or low-income housing in an area where C2,C3,Dlf 0 0 there is a shortage of such housing. Dig,E l a d.The proposed action may interfere with the use or enjoyment of officially recognized C2,E3 0 0 or designated public resources. e.The proposed action is inconsistent with the predominant architectural scale and C2,C3 ❑ ❑ character. f.Proposed action is inconsistent with the character of the existing natural landscape. C2,C3 ❑ ❑ Ela,Elb E2g,E2h g.Other impacts: ❑ ❑ PRINT FULL FORM Page 10 of 10 (of Part 2) Agency Use Only ilfApplicablel Project: Date: Full Environmental Assessment Form Part 3-Evaluation of the Magnitude and Importance of Project Impacts and Determination of Significance Part 3 provides the reasons in support of the determination of significance. The lead agency must complete Part 3 for every question in Part 2 where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not,or may,result in a significant adverse environmental impact. Based on the analysis in Part 3,the lead agency must decide whether to require an environmental impact statement to further assess the proposed action or whether available information is sufficient for the lead agency to conclude that the proposed action will not have a significant adverse environmental impact. By completing the certification on the next page,the lead agency can complete its determination of significance. Reasons Supporting This Determination: To complete this section: • Identify the impact based on the Part 2 responses and describe its magnitude. Magnitude considers factors such as severity, size or extent of an impact. • Assess the importance of the impact. Importance relates to the geographic scope,duration,probability of the impact occurring,number of people affected by the impact and any additional environmental consequences if the impact were to occur. • The assessment should take into consideration any design element or project changes. • Repeat this process for each Part 2 question where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not,or may,result in a significant adverse environmental impact. • Provide the reason(s)why the impact may,or will not,result in a significant adverse environmental impact • For Conditional Negative Declarations identify the specific condition(s)imposed that will modify the proposed action so that no significant adverse environmental impacts will result. • Attach additional sheets,as needed. SEE ATTACHMENT Determination of Significance-Type 1 and Unlisted Actions SEQR Status: ❑✓ Type 1 ❑Unlisted Identify portions of EAF completed for this Project: ❑✓ Part 1 ❑✓ Part 2 ❑✓ Part 3 Upon review of the information recorded on this EAF,as noted,plus this additional support information and considering both the magnitude and importance of each identified potential impact,it is the conclusion of the as lead agency that: ❑✓ A. This project will result in no significant adverse impacts on the environment,and,therefore,an environmental impact statement need not be prepared. Accordingly,this negative declaration is issued. ❑ B. Although this project could have a significant adverse impact on the environment,that impact will be avoided or substantially mitigated because of the following conditions which will be required by the lead agency: There will,therefore,be no significant adverse impacts from the project as conditioned,and,therefore,this conditioned negative declaration is issued. A conditioned negative declaration may be used only for UNLISTED actions(see 6 NYCRR 617A). ❑ C. This Project may result in one or more significant adverse impacts on the environment,and an environmental impact statement must be prepared to further assess the impact(s)and possible mitigation and to explore alternatives to avoid or reduce those impacts. Accordingly,this positive declaration is issued. Enactment of local laws amending Town Code Chapters 270-Zoning(regarding accessory dwelling units)and Name of Action: 125-Building Construction and Fire Prevention and adding a new chapter titled Operating Permits for Certain Rental Units. Name of Lead Agency: Town of Ithaca Name of Responsible Officer in Lead Agency: William D.Goodman Title of Responsible Officer: Town Supervisor Signature of Responsible Officer in Lead Agency: Date: Signature of Preparer(if different from Responsible Officer) „ Date: i? r For Further Information: Contact Person: Susan Ritter Address: 215 N.Toga Street Telephone Number:607-273-1747 E-mail: sdtter@town.ithaca.ny.us For Type 1 Actions and Conditioned Negative Declarations,a copy of this Notice is sent to: Chief Executive Officer of the political subdivision in which the action will be principally located(e.g.,Town/City/Village of) Other involved agencies(if any) Applicant(if any) Environmental Notice Bulletin: littp:/hvww.dec.ny.gov/enb/enb.html PRINT FULL FORM I Page 2 of 5 (of Part 3) Part 3—Full Environmental Assessment Form—Attachment Evaluation of Magnitude and Importance of Project Impacts 1)Amending Chapter 270 of Town Code, "Zoning",to add provisions pertaining to accessory dwelling units; 2)Amending Chapter 125 of Town Code. "Building Construction and Fire Prevention",to add requirements for operating permits and inspections for certain residential rental units and to add permit requirements upon transfer of title; 3)Adding a new Chapter to the Town Code titled "Operating Permits for Certain Residential Rental Units." Major elements of the local laws include: • Establishing a residential rental operating permit program applicable to accessory dwelling units (ADUs)and other rented residential dwellings that are rented for terms of at least 30 consecutive days and that are not currently required to have an operating permit(i.e. single family dwellings, duplexes,second dwelling units that are constructed entirely within the basement of a primary dwelling and are equal in size to the other dwelling unit); • Requiring owner-occupancy in one of the dwelling units on a lot containing a new accessory dwelling unit, except for new ADUs located in the High Density Residential Zone; • Restricting the size of new ADUs (including those constructed within a basement)to 70% of the size of the primary dwelling unit, or 800 sq. ft. of floor area,whichever is less; • Adding new provisions to allow detached ADUs to stand alone instead of being required to be part of another accessory structure (i.e. garage). • Removing provisions for elder cottages. The establishment of a residential rental permit program is not anticipated to have any environmental impacts. The town currently has a rental housing oversight program for multiple residences(3 dwellings or more) and the proposed local law will add to this existing program by requiring other forms of rental housing(single family dwellings, duplexes,ADUs, etc.)that are rented for terms of at least 30 consecutive days to also obtain operating permits and be subject to fire safety and property maintenance inspections. The program is intended to help improve and maintain the health and safety aspects of rental housing in the town. The zoning amendments pertaining to ADUs are not anticipated to have any significant negative impacts. The owner-occupancy requirements are not anticipated to significantly impact the supply of housing in the Town. These requirements are applicable to new ADUs only(when the law becomes effective)and will not affect properties with existing ADUs. Owners occupying their property can still construct a new ADU for the purpose of generating income or for providing housing to family or others. However,the town's ADU provisions will no longer be available to developers looking to construct new purpose-built rental properties. This will not apply to new rental housing in the town's High Density Residential(HIDA)Zone. Any reduction in the construction of ADUs,as a result of the law,will therefore be limited to those rental-only developments often geared to college students, and outside of the HDR zone. This is a modest Page 3 of 5(of Part 3) Part 3—Full Environmental Assessment Form—Attachment Evaluation of Magnitude and Importance of Project Impacts portion of the town's overall housing supply and any diminishment in new ADU housing, as a result, is anticipated to be offset by increases in density and housing types elsewhere in the town as a result of recent zoning changes(i.e. the Planned Development Zone for the Maplewood Graduate and Student Housing) and future zoning changes in accordance with the town's comprehensive plan. In addition, the proposed law would permit a tenant to live in the principal dwelling unit(residing with the"family"),even when there is an ADU on the property that would also be housing tenants. Currently,the law does not permit a tenant in the principal dwelling when an ADU exists on site, so this provision would help to also absorb rental demand in the community. Current regulations limit the size of an ADU to no more than 50%of the floor area of the primary dwelling.This can be exceeded in cases where the second dwelling unit is constructed entirely within the basement. The new provisions eliminate this basement exception, and establish a maximum size for an ADU of 800 square feet of floor area. This is to ensure that the size of the ADU is clearly subordinate to the primary dwelling unit and eliminates the unintended consequences of the current regulations promoting the development of atypically large structures with primary-unit-sized ADUs in neighborhoods. Controls on the size of ADUs, along with the owner-occupancy requirements,are intended to protect the character of traditional single-family neighborhoods. The new provision allowing detached ADUs as a stand alone structure(not part of a garage or barn)is intended to provide a new housing option that may encourage new ADU construction. Current Town regulations allow ADUs to be attached to the principal dwelling or be constructed as part of another accessory structure, such as a garage or barn. Allowing this new option gives homeowners the flexibility to choose a preferred location on their property for an ADU,within the required setback envelope. This could include siting the ADU to provide greater privacy between the dwelling units, siting to address existing constraints to having an ADU posed by the lot or building configurations, or to take advantage of other factors such as passive solar. Any potential impacts to adjacent property owners,by allowing a detached stand alone ADU, are addressed through ADU size limitations,building setbacks, design standards, and lot coverage requirements. In the case of the Lakefront Residential(LR)Zone,new detached ADUs are not allowed under the proposed regulations. This is due to the smaller lot sizes of many LR zone properties and other sensitive environmental conditions(steep slopes, erodible soils, water quality). Given the opportunity for having detached ADUs as a permanent stand alone structure in residential zones (except the LR zone),the existing provisions for elder cottages are proposed to be deleted because they are unnecessary. Elder cottages have strict requirements pertaining to occupancy and must be removed upon the death or permanent change of residence of the original Page 4 of 5(of Part 3) Part 3—Full Environmental Assessment Form—Attachment Evaluation of Magnitude and Importance of Project Impacts occupant(s). Detached ADUs could still serve the same function as an elder cottage, but they would not have occupancy requirements associated with age or necessitate removal. Page 5 of 5 (of Part 3) 05 is MEETING OF THE ITHACA TOWN BOARD Monday, October 16, 2017 TB Resolution 2017- : Adoption of(1) A Local Law Amending the Town of Ithaca Code, Chapter 270 Entitled "Zoning"', Regarding Accessory Dwelling Units, (2) A Local Law Adding a Chapter Titled "Omrafing Permits For Cei-tain Residential Rental Units to the Town of Ithaca ("'ode, (3) A Local Law Amending the Town of Ithaca Code, Chapter 125 Titled "Building, Construction and Fire Prevention", to Add Reg uirements for Operating Permits and Inspections for Certain Residential Rental Units and to,Add Permit Requirements Upon Transfer of Title Whereas, on May 9, 2016, the Town enacted a construction ot"new two-family dwellings, and on the addition of a second dwelli f„ 'unit t isting one-farnily ill'Vk, dwelling to provide time for the Town to study and reeviewll� ail ptioll s [I[ dress issues posed 0J O' by the proliferation of student rentals, particularly of two'-fa.11111y C ell in s, Ln ,oditionally single-family neighborhoods, and Whereas, tile Planning Committee, during lin 2016 and 2017l��` 'along with Town staft" researched and considered leuislative options",, rental housing issues in the Town, and q Whereas, the Town Board, at a me&tinp U I i June i ne 1?2, Ilv,;;re viewed and discussed a 0 17 prefinlinary draft of the legislative language pPlannit Corninittee, and q n Whereas, the at a m—ef"eting on JUq Y'20, 20rn17, requested input from. the Attorney for the T9WWrr of) legisf tion, and at a Committee meeting oil August 14, 2017 requested.01i prepare initial draft161-the local laws addressing requiternents for il�,,"o accessory dwelling units rental,bperating permft$`�,Ywhich the Planning Committee discussed tit its meetings oil $eptern _V,,hereas at rfi'Mings on So'tember I I and 25, 2017 and October 5, 2017, the Town Board fOlvieweel, diSCUSSed and revise' 061ocal laws and scheduled a public hearing for October 16, 2617,',dt:,i5J0 pill to hear `1 'nteie, parties on the proposed local laws entitled: 1) "A Local 1 awe;,`lArnendu-qrY tar'Town of Ithaca Code, Chapter 270 Entitled "Zoning", Regarding Accessory D elfin Units, 2) "A Local Law Addihi'a Chapter Titled "Operating Permits For Certain Residential Rental Units" to the Town of,'fillaca Code", 3) "A Local Law Amending the Town of Ithaca Code, Chapter 125 Titled "Building Construction and Fire Prevention", to Add Requirements for Operating Permits and Inspections for Certain Residential Rental Units and to Add Permit Requirements Upon Transfer of Title", and Whereas, notice: of said public hearing was duly advertised and held on said date and time I at the Town Hall of the Town of Ithaca and all parties in attendance were permitted ,in opportunity to speak oil behalf`of or in opposition to said proposed local law, or any part thereof, and Whereas, at meetings oil November 17 and 27, 2017, the Town Board reviewed, discussed and revised the local laws and scheduled a PUN ic hearing for Deceniber H, 2017 at 5:30 pill to hear all interested parties on the proposed local laws, alit] Whereas, the Town generated a special mailing to all property owners in tile Town of Ithaca summarizing the proposed local paws and stating the tint andpa�atc� f tile public hearing Ln and Whereas, notice of said public hearing was duly adveiiised and il ld on said date and time at [lie Town Hall of the Town offthaca and all parties in,antfenckince were,permitted an opportunity to speak on behalf of err in opposition to saidpart thereof, proposed local and Whereas, pursuant to the New York State Review Act. ("SEQRA") and its filiplementing regulations, at 6 NYCkk�,�",Pii t 617, adoption of said local laws is a Type I Action for which the Town 13,pard of the Town ofi-Itbaca, acting as lead agency in an environmental review with respect to adoption,of the local I aws`,:,has onDecember 11, 2017, made as ncoative determination of ejivironiiie,iitttl�!',5:tiii.fic,,Iiice, a]16'r>liqving reviewed and ' 0itfori , accepted as adequate the pull Environnienta fii asses', 11 Pal;f�4" 1, 2 and 3and Whereas, the wn;j3,,6a T( " ffi �ii"Ic' stinter c"qt 6f the Town and its citizens to ) MIinds it is in I' ` adopt the local laws, now, thei-e bib he it Resolved, that the!,�,Tff,,Ow,,n 13,6ard of the Towli',bf Ithaca hereby adopts said local laws entitled: ......... ......V 1) "A Lo dia Law Ani:6fidin g the tq"�w, ,iq of Ithaca Code, Chapter 270 Entitled "Zoning", Regarding AccesscarY,Dwelling Unit's 2) "A Local Law Adding a Chiipter'I"'itled "Operating Permits For Certain Residential Rental Units" to the T 0 �6de", f Ithaca 3) "A Local Law Ail'ie"Muig'''f lie Town of Ithaca Code, Chapter 125 Titled "Building Construction and Fire en tio n", to Add Requirements for Operating Permits and Inspections for Certain Residential Rental Units and to Add Permit Requirements Upon Transfer offitle", and it is further Resolved, that tile Town Clerk is hereby authorized all(] directed to file said local laws with the Secretary of State as required by law. Moved: Seconded: Vote: 2 a) TOWN OF ITHACA LOCAL LAW NO. OF THE YEAR 2017 A LOCAL LAW ADDING A CHAPTER TITLED "OPERATING PERMITS FOR CERTAIN RESIDENTIAL RENTAL UNITS"TO THE TOWN OF ITHACA CODE Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. The Town of Ithaca Code is hereby amended by adding Chapter titled "Operating Permits for Certain Residential Rental Units," reading as follows: "Chapter Operating Permits for Certain Residential Rental Units § 4. Applicability. This chapter applies to all residential rental dwelling units except: A. Residential dwelling units that are rented for terms of less than 30 consecutive days. B. Accessory dwelling units, as that term is defined in Town of Ithaca Code Chapter 270 (Zoning), §270-5. Accessory dwelling units are subject to operating permit requirements in Town Code §270-219.6.B(2). C. Units in multiple-family dwellings, as that term is defined in Town of Ithaca Code Chapter 270 (Zoning), §270-5. Multiple-family dwellings are subject to operating permit requirements in Town of Ithaca Code, Chapter 125 (Building Construction and Fire Prevention), §125-8. § ----,-2. Operating permit required. A. Throughout the term of rental occupancy, all residential rental dwelling units (except those listed in §=1 above) shall require a valid operating permit issued pursuant to Town of Ithaca Code Chapter 125 (Building Construction and Fire Prevention), §125-8. Before the expiration or renewal of the operating permit, it shall be the responsibility of the owner of the rental unit(s) to schedule a housing inspection with the Town of Ithaca Code Enforcement Department in order to obtain a new or renewed permit. B. The Code Enforcement Department shall issue an operating permit upon verification by inspection that the items listed in paragraphs 1-13 below meet the requirements of the applicable New York State Uniform Fire Prevention and Building Code, and the items listed in paragraphs 14-16 below meet the requirements of the Town of Ithaca Code: (1) 911 address number properly posted (with each unit posted), 11/29/17 1 a) (2) Exterior structure in good repair, (3) Entrances, access areas, parking spaces and similar areas in good repair, (4) Receptacles for proper storage of garbage, (5) Compliant pools and decks (if present), (6) Working smoke and carbon monoxide detectors, (7) Interior structure in good repair, (8) Fire separation (where required), (9) Electrical, plumbing and heating in good repair, (10) Appliances in good repair(if supplied by landlord), (11) Proper light and ventilation, (12) Proper room sizes, (13) Proper egress doors or windows, (14) Compliant off-street parking,per Town of Ithaca Code Chapter 270 (Zoning), §270- 227, (15) Compliant number of occupants/families, per Town of Ithaca Code Chapter 270 (Zoning), §270-5's definition of"family"and occupancy requirements in the relevant zoning district, and (16) Exterior property areas are not in violation of Town of Ithaca Code Chapter 205 (Property Maintenance), §205-2. C. A Code Enforcement Officer shall seek a search warrant from a court of competent jurisdiction whenever the owner, managing agent or occupant fails to allow inspections of any premises believed to be subject to this chapter and where there is a reasonable cause to believe that there is a violation of this chapter,Town of Ithaca Code Chapter 205 (Property Maintenance), Town of Ithaca Code Zoning chapter provisions related to parking or number of occupants/families, or the New York State Uniform Fire Prevention and Building Code. D. Owners of residential rental dwelling units that are rented as of the effective date of this Chapter_must apply for operating permits for the rental units by November 1, 2018. Owners of residential rental dwelling units that are not rented as of the effective date of 11/29/17 2 a) this chapter but that are subsequently rented must apply for operating permits prior to rental occupancy. E. Failure of an owner of any residential rental dwelling unit that is required to have an operating permit to apply for an operating permit in a timely manner, to obtain an operating permit after inspection, or to maintain a valid operating permit after it is granted throughout the period of rental occupancy, shall be deemed a violation of this chapter, and a Code Enforcement Officer may order that such rental unit(s) be vacated within a specified time after notice of violation, unless the property is brought into compliance within a reasonable time frame as specified in the notice of violation. If a violation persists beyond the time frame specified in the notice of violation, and the property is ordered vacated, the property must be kept vacated until it is brought into compliance. F. Over-occupancy. Verified over-occupancy shall constitute a violation of the operating permit. After the issuance of an Order to Remedy, the property owner shall have 30 days to comply with applicable occupancy limits. §_-3. Rental property information. Before issuing an operating permit, the Code Enforcement Department shall secure, as part of the permit application, information related to the rental property as provided by Town of Ithaca Code Chapter 125 (Building Construction and Fire Prevention), §125-8.B. § _--4. Penalties for offenses. A. Any person, association, firm, corporation or other entity found by a court to have violated any provision of this chapter or to have assisted in the violation of any provision of this chapter shall be guilty of a violation, punishable: (1) By a fine of$350 for conviction of a first offense. (2) By a fine of$700 for conviction of the second of two offenses,both of which were committed within a period of five years. (3) By a fine of$1000 or by imprisonment for a period of up to 15 days, or both, for conviction of the third of three offenses, each of which were committed within a period of five years. B. Each week's continued violation shall constitute a separate additional violation. §_-5. Collection of personal information. Pursuant to Public Officers Law Article 6 (also known as the Freedom of Information Law), §87(2)(b),personal information identifying tenants may be exempt from disclosure under the Freedom of Information Law on the grounds that such disclosure would constitute an 11/29/17 3 a) unwarranted invasion of personal privacy. The Town of Ithaca will not collect the identities of tenants as part of the operating permit application process. The identities of tenants may be collected in connection with specific enforcement actions,but the identities may be exempt from disclosure under the Freedom of Information Law." Section 2. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 3. This local law shall take effect on February 1, 2018. 11/29/17 4 b} TOWN OF ITHACA LOCAL LAW NO._OF THE YEAR 2017 A LOCAL LAW AMENDING THE TOWN OF ITHACA CODE, CHAPTER 125 TITLED "BUILDING CONSTRUCTION AND FIRE PREVENTION", TO ADD REQUIREMENTS FOR OPERATING PERMITS AND INSPECTIONS FOR CERTAIN RESIDENTIAL RENTAL UNITS AND ACCESSORY DWELLING UNITS, AND TO ADD PERMIT REQUIREMENTS UPON TRANSFER OF TITLE Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 125 (Building Construction and Fire Prevention) of the Town of Ithaca Code, §125-8 titled "Operating permits"is amended as follows: A. By adding a new subsection A(11) reading as follows: "(11) All residential rental dwelling units and accessory dwelling units that are required to have operating permits per Town of Ithaca Code Chapter_(Operating Permits for Certain Residential Rental Units) or Town of Ithaca Code Chapter 270 (Zoning), §270-219.6.B(2). Notwithstanding any provision to the contrary in this §125-8, the occupancy of such units prior to an owner obtaining required operating permits shall be governed by the applicable provisions of Chapter_ (Operating Permits for Certain Residential Rental Units) and §270-219.6.B(2)." B. By adding the following sentence to the end of subsection E: "Notwithstanding the foregoing, an operating permit for all residential rental dwelling units and accessory dwelling units that are required to have operating permits per Town of Ithaca Code Chapter_(Operating Permits for Certain Residential Rental Units) or§270- 219.6.B(2) shall be valid for a period of five years from its date of issuance, unless earlier revoked or suspended." C. By adding a new Subsection H reading as follows: "H.Transfer of title. An application for a new operating permit shall be required within sixty (60) days after the transfer of title to the premises. Provided the application for a new operating permit is timely, a property shall not be subject to an operating permit inspection if it has passed inspection within one year before the application date." Section 2. Chapter 125 (Building Construction and Fire Prevention) of the Town of Ithaca Code, §125-9 titled"Firesafety and property maintenance inspections" is amended by deleting Subsection B and replacing it with a new Subsection B reading as follows: 11/29/17 1 b) "B. (1)The Code Enforcement Officer shall conduct firesafety and property maintenance inspections of all multiple dwellings and all nonresidential occupancies at least once every three years,except inspections shall occur at least once every year for all health care facilities where more than 10 people normally sleep nightly (including hospitals, nursing homes, infirmaries, and sanitariums), all child and adult day-care centers and facilities, as defined in Chapter 270, Zoning, of the Code of the Town of Ithaca, and all dormitory buildings, regardless of the number of sleeping accommodations. (2) The Code Enforcement Officer shall conduct firesafety and property maintenance inspections of all other residential rental dwelling units and accessory dwelling units that require an operating permit at least once every five years. (3) Such inspections may be made at any reasonable time. Upon completion of the inspection, if the Code Enforcement Officer is satisfied that the buildings so inspected are in compliance with the Uniform Code, Chapter 270, Zoning, and other laws of the Town of Ithaca relating to the safety of buildings, the Code Enforcement Officer shall issue an operating permit, where one is required by § 125-8, upon payment of the applicable fees for the inspection and the permit. Inspections for all residential rental dwelling units and accessory dwelling units that are required to have operating permits per Town of Ithaca Code Chapter_(Operating Permits for Certain Residential Rental Units) or Town of Ithaca Code Chapter 270 (Zoning), §270- 219.6.B(2) shall be conducted pursuant to the applicable procedures in Chapter_or §270-219.6.B(2)." Section 3. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 4. This local law shall take effect immediately upon filing with the New York State Secretary of State. 11/29/17 2 C) TOWN OF ITHACA LOCAL LAW NO._OF THE YEAR 2017 A LOCAL LAW AMENDING THE TOWN OF ITHACA CODE, CHAPTER 270 ENTITLED "ZONING", REGARDING ACCESSORY DWELLING UNITS Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 270(Zoning), Article III(Terminology) of the Town of Ithaca Code, is amended by adding the following definition to §270-5 (Definitions): "ACCESSORY DWELLING UNIT—A second dwelling unit subordinate in size to the principal dwelling unit on a lot,located in either the principal dwelling or a separate structure. DETACHED ACCESSORY DWELLING UNIT—An accessory dwelling unit that occupies part or all of a structure that is separate from the principal dwelling on a lot." Section 2. Chapter 270 (Zoning), Article V (Conservation Zones) of the Town of Ithaca Code, §270-11 titled"Permitted principal uses" is amended by deleting Subsection B and replacing it with the following: "B. A two-family dwelling consisting of a principal dwelling unit and an internal or attached accessory dwelling unit, provided that: (1) The principal dwelling unit is occupied by no more than one family plus no more than one boarder,roomer, lodger or other occupant, and (2) The accessory dwelling unit is occupied by no more than one family, and (3) The applicable requirements of§270-219.6 (Accessory dwelling units) are met." Section 3. Chapter 270(Zoning), Article V (Conservation Zones) of the Town of Ithaca Code, §270-14 titled"Permitted accessory buildings or uses" is amended by adding a new Subsection K reading as follows: "K. A detached accessory dwelling unit, provided that: (1) The accessory dwelling unit is occupied by no more than one family, (2) For buildings constructed after the effective date of this Subsection K,the building which the accessory dwelling unit occupies is located within 150 feet of the principal dwelling, and (3) The applicable requirements of§270-219.6 (Accessory dwelling units) are met." 11/29/17 1 C) Section 4. Chapter 270(Zoning), Article V (Conservation Zones) of the Town of Ithaca Code, §270-15 titled"Accessory buildings and uses authorized by special approval only" is deleted in its entirety. Section 5. Chapter 270 (Zoning), Article V (Conservation Zones) of the Town of Ithaca Code, §270-16 titled"Height limitations"is amended by deleting the last sentence and replacing it with the following: "A building occupied by a detached accessory dwelling unit shall not exceed one story and 20 feet in height,except buildings constructed prior to the effective date of Local Law No. of the Year 2017 may exceed these two parameters as long as the building height is not subsequently increased beyond that existing on the effective date of said Local Law. Other nonagricultural accessory buildings shall not exceed 15 feet in height." Section 6. Chapter 270(Zoning), Article V (Conservation Zones) of the Town of Ithaca Code, §270-17 titled"Yard regulations" is amended by deleting Subsection F and replacing it with the following: "F. Accessory buildings (1) Buildings occupied by a detached accessory dwelling unit: Any such buildings that are less than 200 feet from a street line must be located in a rear yard. Any such buildings that are 200 feet or more from a street line may be located any yard. All buildings occupied by a detached accessory dwelling unit must be at least 100 feet from any side lot line, and at least 200 feet from a rear lot line. (2) All other accessory buildings (except garages, and except woodsheds meeting the requirements of Subsection H below) may not occupy any open space other than a rear yard. (3) The total lot area covered by nonagricultural accessory buildings (including garages and woodsheds) may not occupy more than 1,000 square feet of the 200 foot rear yard setback required by Subsection B above. (4) Accessory buildings (other than garages or buildings occupied by a detached accessory dwelling unit) shall be not less than 50 feet from any side or rear lot line." Section 7. Chapter 270 (Zoning), Article VI (Agricultural Zones) of the Town of Ithaca Code, §270-26 titled"Permitted principal uses" is amended by deleting Subsection G and replacing it with the following: "G. A two-family dwelling consisting of a principal dwelling unit and an internal or attached accessory dwelling unit, provided that: 11/29/17 2 c) (1) The principal dwelling unit is occupied by no more than one family plus no more than one boarder, roomer, lodger or other occupant, (2) The accessory dwelling unit is occupied by no more than one family, and (3) The applicable requirements of§270-219.6 (Accessory dwelling units) are met." Section 8. Chapter 270(Zoning),Article VI (Agricultural Zones) of the Town of Ithaca Code, § 270-29 titled "Permitted accessory buildings and uses" is amended as follows: A. By adding the following sentence to the end of Subsection D: "D. Any building occupied by a detached accessory dwelling unit shall count towards the 1,500 square foot limit." B. By adding a new Subsection L reading as follows: "L. If the principal use is as a one-family dwelling, a detached accessory dwelling unit, provided that: (1) The accessory dwelling unit is occupied by no more than one family, (2) For buildings constructed after the effective date of this Subsection L, the building which the accessory dwelling unit occupies is located within 150 feet of the principal dwelling, and (3) The applicable requirements of§270-219.6 (Accessory dwelling units) are met." Section 9. Chapter 270(Zoning), Article VI (Agricultural Zones) of the Town of Ithaca Code, §270-30 titled"Accessory buildings and uses authorized by special approval only" is deleted in its entirety. Section 10. Chapter 270 (Zoning), Article VI(Agricultural Zones)of the Town of Ithaca Code, §270-31 titled"Height limitations" is amended by adding the following sentence after the first sentence in Subsection A: "A building occupied by a detached accessory dwelling unit shall not exceed one story and 20 feet in height, except buildings constructed prior to the effective date of Local Law No. of the Year 2017 may exceed these two parameters as long as the building height is not subsequently increased beyond that existing on the effective date of said Local Law." Section 11. Chapter 270 (Zoning), Article VI(Agricultural Zones) of the Town of Ithaca Code, §270-32 titled"Yard regulations" is amended by adding Subsection A(5) reading as follows: 11/29/17 3 0 "(5) Buildings occupied by a detached accessory dwelling unit: Any such buildings that are less than 200 feet from a street line must be located in a rear yard. Any such buildings that are 200 feet or more from a street line may be located any yard. All buildings occupied by a detached accessory dwelling unit must be at least 50 feet from any side lot line, and at least 35 feet from a rear lot line." Section 12. Chapter 270 (Zoning), Article VII(Lakefront Residential Zones) of the Town of Ithaca Code, §27041 titled "Permitted principal uses"is amended by deleting Subsection B and replacing it with the following: "B. A two-family dwelling consisting of a principal dwelling unit and an internal or attached accessory dwelling unit,provided that: (1) The principal dwelling unit is occupied by no more than one family plus no more than one boarder, roomer,lodger or other occupant, (2) The accessory dwelling unit is occupied by no more than one family, and (3) The applicable requirements of§270-219.6 (Accessory dwelling units) are met." Section 13. Chapter 270 (Zoning), Article VII (Lakefront Residential Zones) of the Town of Ithaca Code, §270-44 titled "Accessory buildings and uses authorized by special approval only" is amended by deleting Subsection A and re-lettering Subsection B as Subsection A. Section 14. Chapter 270 (Zoning), Article VIII (Low Density Residential Zones) of the Town of Ithaca Code, §270-54 titled"Permitted principal uses" is amended by deleting Subsection B and replacing it with the following: "B. A two-family dwelling consisting of a principal dwelling unit and an internal or attached accessory dwelling unit, provided that: (1) The principal dwelling unit is occupied by no more than one family plus no more than one boarder,roomer, lodger or other occupant, (2) The accessory dwelling unit is occupied by no more than one family, and (3) The applicable requirements of§270-219.6 (Accessory dwelling units)are met." Section 15. Chapter 270 (Zoning), Article VIII (Low Density Residential Zones) of the Town of Ithaca Code, §270-56 titled "Permitted accessory buildings or uses" is amended as follows: A. By deleting Subsection C and replacing it with the following: 11/29/17 4 c) "C. Up to three accessory buildings other than a garage or a building occupied by a detached accessory dwelling unit, all such accessory buildings in the aggregate not to exceed a total of 600 square feet in size unless the lot is three acres or larger, in which event the aggregate area of the accessory buildings may not exceed 2,000 square feet." B. By adding a new Subsection M reading as follows: "M. A detached accessory dwelling unit, provided that: (1) The accessory dwelling unit is occupied by no more than one family, and (2) The applicable requirements of§270-219.6 (Accessory dwelling units) are met." Section 16. Chapter 270 (Zoning), Article VIII (Low Density Residential Zones) of the Town of Ithaca Code, §270-57 titled"Accessory buildings and uses authorized by special approval only"is deleted in its entirety. Section 17. Chapter 270 (Zoning), Article VIII (Low Density Residential Zones) of the Town of Ithaca Code, §270-59 titled"Height limitations" is amended by deleting the third sentence and replacing it with the following: "A building occupied by a detached accessory dwelling unit shall not exceed one story and 20 feet in height, except buildings constructed prior to the effective date of Local Law No. of the Year 2017 may exceed these two parameters as long as the building height is not subsequently increased beyond that existing on the effective date of said Local Law. Other accessory buildings shall not exceed 15 feet in height." Section 18. Chapter 270 (Zoning), Article VIII (Low Density Residential Zones) of the Town of Ithaca Code, §270-60 titled"Yard regulations" is amended by deleting Subsection E and replacing it with the following: "E. Accessory buildings (1) Buildings occupied by a detached accessory dwelling unit: Any such buildings must be located in a rear yard, be at least 50 feet from any side lot line, and be at least 35 feet from a rear lot line. (2) All other accessory buildings (except garages, and except woodsheds meeting the requirements of Subsection G below) may not occupy any open space other than a rear yard. (3) Accessory buildings (including garages, woodsheds, and buildings occupied by a detached accessory dwelling unit), in the aggregate, may occupy not more than 15% of the 50 foot rear yard setback required by Subsection B above. 11/29/17 5 C) (4) Accessory buildings (except for garages and buildings occupied by a detached accessory dwelling unit) shall be not less than three feet from any side or rear lot line. Any accessory building, other than a garage or a building occupied by a detached accessory dwelling unit, on a corner lot shall be not less than five feet from the rear lot line." Section 19. Chapter 270 (Zoning),Article IX (Medium Density Residential Zones) of the Town of Ithaca Code, §270-66 titled "Permitted principal uses" is amended by deleting Subsection B and replacing it with the following: "B. A two-family dwelling consisting of a principal dwelling unit and an internal or attached accessory dwelling unit, provided that: (1) The principal dwelling unit is occupied by no more than one family plus no more than one boarder,roomer, lodger or other occupant, (2) The accessory dwelling unit is occupied by no more than one family, and (3) The applicable requirements of§270-219.6 (Accessory dwelling units) are met." Section 20. Chapter 270 (Zoning), Article IX (Medium Density Residential Zones) of the Town of Ithaca Code, §270-68 titled"Permitted accessory buildings and uses"is amended as follows: A. By deleting Subsection C and replacing it with the following: "C. Up to three accessory buildings other than a garage or a building occupied by a detached accessory dwelling unit, all such accessory buildings in the aggregate not to exceed a total of 600 square feet in size unless the lot is three acres or larger,in which event the aggregate area of the accessory buildings may not exceed 2,000 square feet." B. By adding a new Subsection L reading as follows: "L. A detached accessory dwelling unit, provided that: (1) The accessory dwelling unit is occupied by no more than one family, and (2) The applicable requirements of§270-219.6 (Accessory dwelling units) are met." Section 21. Chapter 270 (Zoning), Article IX (Medium Density Residential Zones) of the Town of Ithaca Code, §270-69 titled "Accessory buildings and uses authorized by special approval only" is amended by deleting Subsections A and B in their entirety, and re-lettering Subsection C as Subsection A. 11/29/17 6 C) Section 22. Chapter 270 (Zoning), Article IX (Medium Density Residential Zones) of the Town of Ithaca Code, §270-70 titled"Height limitations" is amended by deleting the third sentence and replacing it with the following: "A building occupied by a detached accessory dwelling unit shall not exceed one story and 20 feet in height, except buildings constructed prior to the effective date of Local Law No. _of the Year 2017 may exceed these two parameters as long as the building height is not subsequently increased beyond that existing on the effective date of said Local Law. Other accessory buildings shall not exceed 15 feet in height." Section 23. Chapter 270 (Zoning), Article IX (Medium Density Residential Zones) of the Town of Ithaca Code, §270-71 titled"Yard regulations" is amended by deleting Subsection E and replacing it with the following: "E. Accessory buildings (1) Buildings occupied by a detached accessory dwelling unit: Such buildings must be located in a rear yard,be at least 30 feet from any side lot line, and be at least 15 feet from a rear lot line. (2) All other accessory buildings (except garages, and except woodsheds meeting the requirements of Subsection G below) may not occupy any open space other than a rear yard. (3) Accessory buildings (including garages, woodsheds, and buildings occupied by a detached accessory dwelling unit), in the aggregate, may occupy not more than 40% of the 30 foot rear yard setback required by Subsection B above. (4) Accessory buildings (except for garages and buildings occupied by a detached accessory dwelling unit) shall be not less than three feet from any side or rear lot line. Any accessory building, other than a garage or a building occupied by a detached accessory dwelling unit, on a corner lot shall be not less than five feet from the rear lot line." Section 24. Chapter 270 (Zoning), Article X (High Density Residential Zones) of the Town of Ithaca Code, §270-77 titled"Permitted principal uses"is amended by deleting Subsection B and replacing it with the following: `B. A two-family dwelling consisting of a principal dwelling unit and an internal or attached accessory dwelling unit,provided that: (1) The principal dwelling unit is occupied by no more than one family plus no more than one boarder, roomer, lodger or other occupant, (2) The accessory dwelling unit is occupied by no more than one family, and 11/29/17 7 C) (3) The applicable requirements of§270-219.6 (Accessory dwelling units) are met." Section 25. Chapter 270 (Zoning), Article X (High Density Residential Zones) of the Town of Ithaca Code, §270-79 titled"Permitted accessory buildings and uses"is amended as follows: A. By deleting Subsection C and replacing it with the following: "C. Up to three accessory buildings other than a garage, all such accessory buildings in the aggregate not to exceed a total of 800 square feet in size unless the lot is three acres or larger, in which event the aggregate area of the accessory building may not exceed 2,000 square feet. A building occupied by a detached accessory dwelling unit shall count towards the square footage limits of this Subsection C." B. By adding a new Subsection J reading as follows: "J. A detached accessory dwelling unit, provided that: (1) The accessory dwelling unit is occupied by no more than one family, and (2) The applicable requirements of§270-219.6 (Accessory dwelling units) are met." Section 26. Chapter 270 (Zoning), Article X (High Density Residential Zones) of the Town of Ithaca Code, §270-80 titled"Accessory buildings and uses authorized by special approval only" is deleted in its entirety. Section 27. Chapter 270 (Zoning), Article X (High Density Residential Zones) of the Town of Ithaca Code, §270-81 titled "Height limitations" is amended by deleting the third sentence and replacing it with the following: "A building occupied by a detached accessory dwelling unit shall not exceed one story and 20 feet in height, except buildings constructed prior to the effective date of Local Law No. _of the Year 2017 may exceed these two parameters as long as the building height is not subsequently increased beyond that existing on the effective date of said Local Law. Other accessory buildings shall not exceed 15 feet in height." Section 28. Chapter 270 (Zoning), Article X (High Density Residential Zones) of the Town of Ithaca Code, §270-82 titled "Yard regulations" is amended by deleting Subsection E and replacing it with the following: "E. Accessory buildings (1) Buildings occupied by a detached accessory dwelling unit: Such buildings must be located in a rear yard, be at least 20 feet from any side lot line, and be at least 15 feet from a rear lot line. 11/29/17 8 c) (2) All other accessory buildings (except garages, and except woodsheds meeting the requirements of Subsection G below) may not occupy any open space other than a rear yard. (3) Accessory buildings (including garages, woodsheds, and buildings occupied by a detached accessory dwelling unit), in the aggregate, may occupy not more than 40% of the 30 foot rear yard setback required by Subsection B above. (4) Accessory buildings (except for garages and buildings occupied by a detached accessory dwelling unit) shall be not less than three feet from any side or rear lot line. Any accessory building, other than a garage or a building occupied by a detached accessory dwelling unit,on a corner lot shall be not less than five feet from the rear lot line." Section 29. Chapter 270 (Zoning), Article XXVI (Special Regulations) of the'Town of Ithaca Code,is amended by deleting §270-216, titled"Elder cottages," in its entirety. Section 30. Chapter 270(Zoning), Article XXVI (Special Regulations) of the Town of Ithaca Code, is amended by adding §270-219.6 reading as follows: "270-219.6 Accessory dwelling units. A. Purpose and intent. It is the specific purpose and intent of this section to allow accessory dwelling units in Conservation, Agricultural and residential zones (as set forth elsewhere in this chapter) to provide the opportunity for the development of small rental housing units designed, in particular, to meet the housing needs of persons of low and moderate income, and of relatives of families residing in the Town of Ithaca. Furthermore, it is the purpose and intent of this section to allow for efficient use of the Town's existing stock of dwellings in economic support of resident families and to protect and preserve property values while preserving the character and quality of life in the Town of Ithaca's residential neighborhoods. To help achieve these and other goals consistent with the Town of Ithaca Comprehensive Plan, specific requirements are hereby set forth for accessory dwelling units and their related uses. These requirements are in addition to any other requirements for accessory dwelling units set forth elsewhere in this chapter. B. Requirements applicable to all accessory dwelling units. (1) Floor area. The floor area of the accessory dwelling unit may not exceed 800 square feet or 70% of the floor area of the principal dwelling unit, whichever is less. (2) Operating permit. (a) Operating permits issued pursuant to Town of Ithaca Code Chapter 125 (Building Construction and Fire Prevention), §125-8, are required throughout the term of rental occupancy for all accessory dwelling units that are rented for terms of at least 30 consecutive days. 11/29/17 9 0 (b) Owners of accessory dwelling units that require operating permits and that exist as of the effective date of this §270-219.6 must apply for operating permits for the accessory dwelling units by May 1, 2018. Owners of accessory dwelling units that require operating permits and that are created after the effective date of this §270-219.6, or that are not rented as of the effective date of this section but are subsequently rented, must apply for operating permits prior to rental occupancy. If an operating permit is granted after an inspection, the operating permit must thereafter be maintained at all times during which the accessory dwelling unit is rented for a term of at least 30 consecutive days. Before the expiration or renewal of the operating permit, it shall be the responsibility of the owner of the accessory dwelling unit(s)to schedule a housing inspection with the Town of Ithaca Code Enforcement Department in order to obtain a new or renewed permit. (c) The Code Enforcement Department shall issue an operating permit upon verification by inspection that the items listed in paragraphs i-xiii below meet the requirements of the applicable New York State Uniform Fire Prevention and Building Code, and the items listed in paragraphs xiv-xvi below meet the requirements of the Town of Ithaca Code: (i) 911 address number properly posted(with each unit posted), (ii) Exterior structure in good repair, (iii) Entrances, access areas, parking spaces and similar areas in good repair, (iv) Receptacles for proper storage of garbage, (v) Compliant pools and decks (if present), (vi)Working smoke and carbon monoxide detectors, (vii) Interior structure in good repair, (viii)Fire separation (where required), (ix) Electrical, plumbing and heating in good repair, (x)Appliances in good repair(if supplied by landlord), (xi) Proper light and ventilation, (xii) Proper room sizes, (xiii)Proper egress doors or windows, 11/29/17 10 0 (xiv) Compliant off-street parking, per Town of Ithaca Code §270-227, (xv) Compliant number of occupants/families, per Town of Ithaca Code §270-5's definition of"family" and occupancy requirements in the relevant zoning district, and (xvi) Exterior property areas are not in violation of Town of Ithaca Code §205-2. (d) A Code Enforcement Officer shall seek a search warrant from a court of competent jurisdiction whenever the owner, managing agent or occupant fails to allow inspections of any premises believed to be subject to this §270-219.6.B(2) and where there is a reasonable cause to believe that there is a violation of this section, Town of Ithaca Code Chapter 205 (Property Maintenance), §205-2,Town of Ithaca Code Zoning chapter provisions related to parking or number of occupants/families, or the New York State Uniform Fire Prevention and Building Code. (e) Failure of an owner of any accessory dwelling unit that is required to have an operating permit to apply for an operating permit in a timely manner, to obtain an operating permit after inspection, or to maintain a valid operating permit after it is granted while the accessory dwelling unit is rented for a term of at least 30 consecutive days, shall be deemed a violation of this chapter, and in addition to the other enforcement mechanisms and remedies set forth in this chapter, a Code Enforcement Officer may order that such accessory dwelling unit(s)be vacated within a specified time after notice of violation, unless the property is brought into compliance within a reasonable time frame specified in the notice of violation. If a violation persists beyond the time frame specified in the notice of violation, and the property is ordered vacated,the property must be kept vacated until it is brought into compliance. (f) Over-occupancy. Verified over-occupancy shall constitute a violation of the operating permit. After the issuance of an Order to Remedy, the property owner shall have 30 days to comply with applicable occupancy limits. (g) Before issuing an operating permit, the Code Enforcement Department shall secure, as part of the permit application, information related to the property sufficient enough to allow for enforcement of this chapter. (h) Pursuant to Public Officers Law Article 6 (also known as the Freedom of Information Law), §87(2)(b), personal information identifying tenants may be exempt from disclosure under the Freedom of Information Law on the grounds that such disclosure would constitute an unwarranted invasion of personal privacy. The Town of Ithaca will not collect the identities of tenants as part of the operating permit application process. The identities of tenants may be collected in connection with specific enforcement actions, but the identities may be exempt from disclosure under the Freedom of Information Law. 11/29/17 11 C) (3) Owner occupancy. (a) There is no owner occupancy requirement for: (i) properties in the High Density Residential Zone, or (ii)properties that contain accessory dwelling units that are listed in Town of Ithaca records or Tompkins County's assessment database as of the effective date of this Section 219.6, or (iii)properties that contain accessory dwelling units that the owner can prove, to the satisfaction of a Code Enforcement Officer by January 1, 2019,existed as of the effective date of this Section 219.6. (b) For all other properties, one of the dwelling units on a lot containing an accessory dwelling unit must be the principal residence of at least one of the property owners, except as provided below. No other owner(s) shall own a larger percentage, collectively or individually, than the owner-occupant(s), who must reside in the dwelling unit for a minimum of 185 days per year. Once every five years, the owner occupancy requirement shall not apply for up to twelve consecutive months. An operating permit is required for the dwelling unit vacated by the owner during any period that the dwelling unit is rented for a term of at least 30 consecutive days. (4) Reversion to classification without accessory dwelling unit. To establish that a property that contained an accessory dwelling unit no longer contains such unit, the following procedures shall be followed: (a)Any evidence of a kitchen facility or, in the alternative, any evidence of a bathroom, shall be removed from the area under consideration so complete living facilities for one family no longer exist. (b) The owner of the property shall sign an affidavit and certification, in a form satisfactory to the Code Enforcement Officer, to the effect that: (i) the facilities referred to above have been removed; (ii) said facilities will not be reinstalled without a building permit or other approval from the Code Enforcement Department; and (iii)the area from which the facilities were removed will not be used as a separate dwelling unit until the Code Enforcement Department is notified and any required approvals,permits or other certificates, including a certificate of occupancy, are obtained. 11/29/17 12 c) (c) Such affidavit shall be recorded, at the expense of the property owner, in the Tompkins County Clerk's Office and indexed against the property and the name of the then-owner of the property. (d)A Code Enforcement Officer may inspect the premises to confirm compliance with this subsection. (e)The Code Enforcement Officer shall have the discretion to deviate in whole or in part from the procedure set forth above in those circumstances where the Officer is satisfied that compliance may be assured in some other manner. C. Additional requirements applicable to detached accessory dwelling units. (1) No other accessory dwelling units may be located on the lot, (2) If the street-facing fagade of the building occupied by a detached accessory dwelling unit is visible from the street line, at least 20% of the street-facing fagade must have window or door openings, and (3) For buildings constructed after the effective date of this Subsection C, the minimum required roof pitch of the building occupied by a detached accessory dwelling unit is 4:12." Section 31. Chapter 270(Zoning), Article XXVII (General Provisions) of the Town of Ithaca Code, is amended by deleting the text of§270-220 titled"Building floor area" and replacing it with the following: "No dwelling in any zone shall be erected or altered so as to provide for less than 300 square feet of net enclosed floor area." Section 32. Statement of Authority and Supersession. A. The Town Board adopts this local law pursuant to authority in the New York State Constitution, Article IX, Section 2; section 10 of the New York Municipal Home Rule Law; section 10 of the Statute of Local Governments; the relevant provisions of the Town Law of the State of New York; the laws of the Town of Ithaca; and the general police power vested with the Town of Ithaca to promote the health, safety and welfare of all residents and property owners in the Town. B. This local law shall take precedence over and shall be considered controlling over contrary laws, ordinances and provisions. It is the intent of the Town Board, pursuant to authority under section 10, subdivision 1(ii)(d)(3), and section 22 of the Municipal Home Rule Law, to supersede inconsistent provisions of the New York State Town Law and the Code of the Town of Ithaca. The Town Board intends to supersede, and the instant local law hereby supersedes, section 262 of the Town Law of New York State to the extent that the uniformity provisions of said section are inconsistent with any provision herein. 11/29/17 13 C� Section 33. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 34. This local law shall take effect immediately upon its filing with the New York Secretary of State. 11/29/17 14 TOWN OF ITHACA, � �' 10 215 N. Tioga Street, Ithaca, N.Y. 14850 www.town.ithacamy.us 1 Y CODE ENFORCEMENT-BRUCE W. BATES, DIRECTOR Phone (607) 273-1.753 N Fax (607) 273-1.704 .c.o.lei«tcawn_i;th aca.ny-tu Rental Inspection list EXTERIOR 911posted on the house with each unit posted Not 'lust on mail box Buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible frorn the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than 4 inches (102 mnp) in height with a stroke width of not less than 0.5 inch(12.7 mm). Where required by the fore code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of private road and the building address cannot be viewed frorn the public way, a monument, pole,of-other sign or means shall be used to identify the structure. Structure in good re pair The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. The following conditions shall he determined as unsafe. • The nominal strength of any structural mernber is exceeded by nominal loads,the load effects or the required strength that have evidence of deterioration; • Siding;and npasonry joints, windows, doors and skylights are not maintained, weather resistant or water tight; • foundation systems that are not firmly supported by footings are not plumb and free frorn open cracks and breaks; • Exterior walls that are not anchored to supporting and supported elements or are not plumb and free of holes, cracks or breaks and loose or rotting materials; • Roofing or roofing components that have defects that admit rain, roof Surfaces with inadequate drainage, or any portion of the roof framing that is not in good repair with signs of deterioration or fatigue; • Flooring and flooring components with derects that affects serviceability or flooring components that show signs of deterioration or fatigue; 1 • Overhang extensions or projections including, but not limited to,trash,chutes, canopies, marquees, signs, awnings, fire escapes, standpipes and exhaust ducts , veneer,cornices, belt courses, corbels, trim, wall facings and similar decorative features not properly anchored or that show signs of deterioration; • Exterior stairs, decks, porches, balconies and all similar appurtenances attached thereto, including guard s and handrails, are not structurally sound, not properly anchored or that show signs oHeterioration; • Chimneys, cooling towers, smokestacks and similar appurtenances not Structurally sound or not properly anchored, or that show signs of deterioration; Entrances in good repair, • Sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions. • Every exterior flight of stairs having more than four risers shall have a handrail on one side of the stair and every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface that is more than 30 inches (762 rnm) above the floor or grade below shall have guards. • Handrails shall be not less than 30 inches (762 trim) in height or more than 42 inches (1067 ream) in height measured vertically above the nosing of the tread or above the finished floor of the landing or walking surraces. • wards shall be not less than 30 inches (762 mrn) in height above the floor of the landing, balcony, porch, deck, or ramp or other walking surface. Receptacles for proper storage of garbage • The owner of every Occupied premise shall supply approved covered contai tiers for rubbish, and the owner of the premises shall be responsible for the removal of rubbish. • Every Occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal fiacility or approved garbage containers. Enough offstreet parking • One- and two-family dwellings: * Two garage or off-street parking spaces for each dwelling unit. * No parking shall be located more than 200 feet from the dwelling unit it is intended to serve. * Notwithstanding any other provision herein, off-street parking spaces Outside of' gat-ages may be located in any required front yard provided that no more than 15% of any required Front yard is SO occupied, 11/13/17 Pools and decks compliant(if present) Swimming pools shall be maintained in a clean and sanitary condition,and in good repair. Rentable dwelling unit#of occupants Refer to the zone,low density(LDR),Medium Density(MDR).etc... in which the property is located and the definition of Family in Chapter 270,The Code of the Town of Ithaca. Working Smoke and Carbon Monoxide Detectors(proper location and number) • Smoke alarms shall be installed in the following locations: 1. In each sleeping room 2. Outside each separate sleeping area in the immediate vicinity of the bedrooms 3. On each additional story of the dwelling, including basements and habitable attics and not including crawl spaces and uninhabitable attics.In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels,a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level. • Carbon monoxide alarms in dwelling units shall be installed outside of each separate sleeping area in the immediate vicinity of the bedrooms. Where a fuel-burning appliance is located within a bedroom or its attached bathroom, a carbon monoxide alarm shall be installed within the bedroom. • Combination carbon monoxide and smoke alarms shall be permitted to be used in lieu of carbon monoxide alarms. Interior structure in good repair The following conditions shall be determined as unsafe: • The nominal strength of any structural member is exceeded by nominal loads or that show signs of deterioration; • The floor or roof to walls or columns,and of walls and columns to foundations,ceiling, doors, floors,walls,and windows, stairs, landings, railings,balconies and all similar walking surfaces, including guards and handrails or are not structurally sound;' I • Foundation systems that are not firmly supported by footings are not plumb and free from open cracks and breaks,that show signs of deterioration; Fire separation (where required) Dwelling units shall be separated from each other by wall and floor assemblies and maintained in accordance with the code in effect at the time of construction,fire-resistance-rated floor/ceiling and wall assemblies shall extend to and be tight against the exterior wall, and wall assemblies shall extend from the foundation to the underside of the roof sheathing. 11/13/17 Electrical in good repair(outlets,switches,lights.proper lighting) Panel boxes are readily accessible and labeled. Electrical equipment,wiring and appliances shall be properly installed and maintained in a safe and approved manner. Appliances in good repair(if supplied) Mechanical appliances,fireplaces,solid fuel-burning appliances,cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function. Plumbing in good repair • Plumbing fixtures shall be properly installed and maintained in working order,and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures are designed. • Plumbing fixtures shall be maintained in a safe,sanitary and functional condition. Heating unit operable and in good repair(includes vents and duct work) Every owner and operator of any building who rents, leases or lets one or more dwelling unit, rooming unit,dormitory or guestroom on terns,either expressed or implied,to furnish heat to the occupants thereof shall supply heat during the period from September 15th to May 31 st to maintain a temperature of not less than 68°F(20°C) in all habitable rooms,bathrooms and toilet rooms. Proper light and ventilation Bath and other) • Habitable rooms shall have an aggregate glazing area of not less than 8 percent of the floor area of such rooms.Natural ventilation shall be through windows, skylights,doors, louvers or other approved openings to the outdoor air. Such openings shall be provided with ready access or shall otherwise be readily controllable by the building occupants.The openable area to the outdoors shall be not less than 4 percent of the floor area being ventilated. • The glazed areas need not be openable where the opening is not required and a whole- house mechanical ventilation system is installed. • The glazed areas need not be installed in rooms where artificial light is provided that is capable of producing an average illumination of 6 footcandles(65 lux)over the area of the room at a height of 30 inches(762 mm)above the floor level. • Bathrooms,water closet compartments and other similar rooms shall be provided with aggregate glazing area in windows of not less than 3 square feet(0.3 m2),one-half of which must be openable. The glazed areas shall not be required where artificial light and a local exhaust system are provided. Exhaust air from the space shall be exhausted directly to the outdoors. 11/13/17 Proper room sizes • Habitable rooms,other than a kitchen, shall be not less than 7 feet(2134 mm)in any plan dimension. Kitchens shall have a minimum clear passageway of 3 feet(914 mm)between counter fronts and appliances or counter fronts and walls. • Room area-Every living room shall contain not less than 120 square feet(11.2 m2)and every bedroom shall contain not less than 70 square feet(6.5 m2)and every bedroom occupied by more than one person shall contain not less than 50 square feet(4.6 m2)of floor area for each occupant thereof.Every dwelling unit shall contain its own bathtub or shower, lavatory,water closet and kitchen sink.The lavatory shall be placed in the same room as the water closet or located in close proximity to the door leading directly into the room in which such water closet is located.A kitchen sink shall not be used as a substitute for the required lavatory. Minimum ceiling heights • Habitable spaces,hallways, corridors, laundry areas, bathrooms,toilet rooms and habitable basement areas shall have a minimum clear ceiling height of 7 feet(2134 mm). • Spaces legally in existence before January 1,2003,and spaces for which a variance has been legally granted shall be allowed to be occupied. • Ceiling heights reduced by necessary repairs shall be no lower than 6 feet, 8 inches. Egress doors or windows • Basements,habitable attics and every sleeping room shall have not less than one operable emergency escape and rescue opening. Where basements contain one or more sleeping rooms,an emergency escape and rescue opening shall be required in each sleeping room. Emergency escape and rescue openings shall open directly into a public way,or to a yard or court that opens to a public way. • Required emergency escape openings shall be maintained in accordance with the code in effect at the time of construction,and the following. Required emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools. Bars, grilles,grates or similar devices are permitted to be placed over emergency escape and rescue openings provided the minimum net clear opening size complies with the code that was in effect at the time of construction and such devices shall be releasable or removable from the inside without the use of a key,tool or force greater than that which is required for normal operation of the escape and rescue opening. Previous emergency openings code requirements • Prior to 1954—none • 1954- 1964 -5 square feet of opening,minimum width of 16 inches,bottom no higher than 3 feet above the floor,basement no higher than 54 inches from the floor. 11/13/17 0 1964- 1.977 -4 square feet of opening, minimum width of 18 inches, bottom no higher than 42 inches above the floor, basement no higher than 54 inches frorn the floor,. 0 1977-2002 -4 square feet of opening, minimurn width of 24 inches, bottorn no higher than 42 inches above the floor, basement no higher than 54 inches fi-orn the floor. 0 2002—Present— 5.7 square feet of opening, 5 square feet at grade level, minimum width of 22 inches, minimum height of 24 inches, bottom no higher than 44 inches above the floor, basement no higher than 44 inches from the floor/additional provisions for window wells. SEE EXAMPLE BELOW Example of the present emergency escape requirement 34 IN.CLEAR ..?0 IN.CLEAR MIN -/OPENABLE AREA 41 IN. 5.7 SO FT CLEAR IIN MIN O241N . ESN8%PT&INREA CLi� P 5.7 MIN MINIMUM SIZE MINIMUM SIZE WINDOW WINDOW FOR 20 IN. FOR 24 IN,CLEAR HEIGHT CLEAR VADTHI I SILL HEIGHT 44 IN.MAX I FLOOR FOr Si: I Inch=25.4 mm, 1 square foot=0.0929 ml. Figure R310.2.1 EMERGENCY ESCAPE AND RESCUE WINDOW 11/13/17 WINDOW WELL MUST BE SUFFICIENT TO OR STAIR PERMITTED SIZE TO ALLOW THE EMERGENCY B NCHES INTO REQUIRED� MOF ESCAPE AND RESCUE OPENING TO DIMENSIONS WINDOW WELL BE FULLY OPENED LADDER OR STAIR ; 6 IN. • MAX 36 IN.MIN v � ii l_I! >44IN. WIN LL (EMERGENCY ESCAPE THE MINIMUM i T _ OR RESCUE OPENING HORIZONTALAREA WITH FINISHED SILL OF THE WINDOW HEIGHTSELOW WELL IS TO BE I '1 ii ADJACENTGRADE -36 IN.MIN 9 SO FT SECTION VIEW _jTi_ +�,_., PLAN VIEW For SI: 1 Inch=26.4 mm,1 square foot=0.0929 rr?. Figure R310.2.3 WINDOW WELLS 11/13/17 MEETING OFTHE ITHACA TOWN BOARD December 11, 2017 at 5:30 p.m. 215 N. Tioga St., Ithaca, NY Tompkins County TB Resolution 2017 - : larder Setting a Public Hearing Regarding Engineering and Final Design Services for a Proposed Sewer Improvement for the Town of Ithaca, Tompkins County, Ne-*v York, pursuant to Article 12-C of the Town Law, to he known as the T(ni.,.n....ot Ithaca Grit Removal, Concrete Restoration, Einer enc Generator Replacement, and Miscellaneous Plant Improvements Engineering and Final Design Services Sewer Improvement at the Ithaca Area Wastewater Treatment Facility,and estahlishing,the'Town of Ithaca Grit Removal, C,66ciete Restoration, Emergency Generator Replacement, and Miscellaneous PI�n�`t Improvements Engineering and Final Design Services Sewer Imp rovernie'ritArea Present: Moved: Seconded: Whereas, a snap, plan and report, includingan estimate of cost, have been duly�- '!11�I prepared in such manner and in Such detail as has heretofore been determined by the Town Board of the Town of Ithaca, 'Tompkins County, New York, relating to the establishment and construction, PUrSUaht`t0' Article 12-C of 'the"' T own L aw, of sewer system improvements ,, of to be known and as ToIthaca Grit Removal, Concrete Restoration, Ei�liergency Generatorj'FZepacetnenf, and Miscellaneous Plant, Improvements Engincerjuig''ah"d Final Design', Services Sewer Improvement at the Ithaca Area Wastewater Tre"atinent,Tacility (the : 11ruprovement"), to provide such sewer Improvement to the pj*'&sent To n sewer improvement, such sewer system Improvement "'ll, to be jointly constructed and joiritly,owned by, 'the Town of Ithaca, City of Ithaca and Town of DrydenAll of of the Ithaca Area Wastewater Treatment Facility to",serve"61"b'dibefitted'area in said Town of Ithaca to be known as the Town of ltha, caQ'rit Emergency Generator Replacement, and MiS6 6116460, us Plant Iiiip,roveiiient, ," Engineering and Final Design Services Sewer irnproverii' ,`��&Aren (the "S!6�"` , ,er In4provernent Area"); and Whereas; id map' plan]an and report, including estimate of cost, were prepared by a competent engin a't. ciUly licensed by the State of New York, and have been filed in the office of the 'rowvnC1 erk of said Town, where the saine are available during regular office hours for em6nination by any pet-son or persons interested in the SUbject matter thereof; and Whereas, the: area of said Town determined to be benefited by said Improvement consists of the entire area of said Town excepting therefrom the area contained within the Village of Cayuga Heights; and Whereas, the linf.n-ovement proposed in connection with the establishment of the Sewer Improvement Area consists of engineering and final design services, for the potential sewer improvements set forth below, and as more particularly shown and described in said map,plan and report presently on file in the office of the Town Clerk, at an initially determined maximum estimated cost to said Sewer Improvement Area of $177,491, it being determined that the additional $256,684 of the $434,175 aggregate maximum cost shall be apportioned and allocated to the City of Ithaca and Town of Dryden, pursuant to the terms of the December 31, 2003 Joint Sewer Agreement among the Town of Ithaca,City of Ithaca and Town of Dryden: The project will consist of engineering and final design services for potential improvements to facilities at the Ithaca Area Wastewater Treat ent Facility located at 525 Third Street in the City of Ithaca, including: f I • Concrete Restoration and Leak Repairs • Grit Removal and Miscellaneous Repa' s ' • -Grit System a' • -Influent Building Improveme s • -Stair Tower Improvement , • -Structural Improvements • -Miscellaneous Improvements • -Instrumentation an ntrol • Emergency Generator R ent; and r ,, Whereas, said $177,491 maximu esti o the project to be expended by the Town of Ithaca, h e authorize : e p follows: at the option of the Town, by temporary fr nci der use of I, ailable re erves or a bond anticipation note issued by Ithaca astew Treatment ' cility Co-owner City of Ithaca to pay for the City of Ithaca s s f th rovement ell as for the Town of Ithaca's share, and upon maturit of a ° " te, the issuance of serial bonds with a '11,maximu01 i ''� in e , s of t e y (40) year period prescribed by the Local Financ. aw, or dire y th anc�e of such bonds. The Town of Ithaca will not co- issuplf liable on t r nds. 'I'own of Ithaca will reimburse the City of Ithaca through '' tract betwe ,1.the C�i'ty of Ithaca and the Town of Ithaca. The Town of Ithaca's coke, ual payme to the City of Ithaca are proposed to be paid by expenditure RIIr of current rev and su us funds from sewer rents and charges to be assessed, levied upon and colle i fr r the several lots and parcels of land within such Sewer Improvement Area, �� ide of any village, which the Town Board shall determine and specify to be especi ly benefited by the Improvement; and Whereas, it is now desired to call a public hearing for the purpose of considering said map, plan and report, including estimate of cost, and the providing of the Improvement, and to hear all persons interested in the subject thereof concerning the same, all in accordance with the provisions of Section 209-q of the Town Law; now therefore be it Resolved, that the by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows: 2 Section 1, A public hearing shall be held by the Town Board of the Town of Ithaca, Tompkins County, New York, at the Town Hall, 215 North Tioga Street, in Ithaca, New York, in said Town, on the 28"' day of December, 2017, at o'clock A.M., Prevailing Time, to consider the aforesaid neap, plan and report, including estimate of cost, and the question of providing the Improvement, and to hear all persons interested in the subject thereof concerning the same and to take such action thereon as is required by law. Section 2. The Town Clerk is hereby authorized and, directed to publish a Notice of Public Hearing regarding the aforesaid Improvement to be published once in the official newspaper, and also to post a copy thereof on the town signboard maintained by the Town Clerk, not less than ten (10) nor more than twenty (2O) days before the day designated for the hearing as aforesaid, all in accordance with the,provisions of Section 209-q of the Town Law. Section 3. This Order shall take effect immediately. The question of the adoption of the foregoing':,Qr06'r was duly put t6 a vote on roll call, which resulted as, follows: I The Order was thereupon declare duly adopted. d�V J J, to 3 'A'C W-N RGA AGER Mme.# TOWN OF ITHACA PLANNING DEPARTMENT MEMORANDUM TO: TOWN BOARD FROM: MICHAEL SMITH, SENIOR PLANNER RE: APPROVAL OF UPDATED ZONING MAP DATE: DECEMBER 4,2017 Attached are materials relating to the update of the Town of Ithaca Zoning Map, including a revised map(Effective April 1,2004,Revised December 11,2006,August 13,2012,January 13, 2014,and December 11,2017) incorporating the necessary change and a proposed resolution for approval and acceptance of the revised Zoning Map for the Board's consideration. The last time the Zoning Map was revised was on January 13,2014 when the Town Board approved a revision to the Zoning Map based on a local law. Since then,there was the rezoning for the Maplewood Planned Development Zone that should be incorporated into the Zoning Map. Approval of the updated Zoning Map is a Type II action pursuant to SEQR because it is a routine administrative action. The Local Law adopting the rezoning included a complete environmental review. A public hearing is also not required because approval of the' updated map is simply incorporating the already approved rezoning. Please let me know if there are any questions prior to the December I la'meeting. Att. �q A, 1 9' MEETING OF THE ITHACA TOWN BOARD Monday, Decernber 11, 2017 TB Resolution 2017- : Approval and Acceptance of revised Zoning Map (effective April.1, 2004, revised Decernber It, 2006,August 13, 2012,January 13, 2014 and Decenibei, I I 2017) to reflect recent rezoning of cei-tain areas. Whereas,,, the Maplewood Planned Development Zone has been enacted through as local law by the Town Board since the current. official Zoning Map, and xlr Whereas, a revised Town of Ithaca Zoning Map, ef�&flve April 1, 2004, revised December 11, 2006, August 13, 2012„ January 13, 2014 a4" *ewber 11, 2017 has been prepared and presented tothe Town Board for review, and Whereas, at the regular meeting on December,0,,Ff,' 201J, the Town B'' of the Town of aca Zonin fereqced above I a Ithaca reviewed the revised Town of Ith, a re ve In, ro- Whereas,,, this action is a Type 11 action P. Lusd fitt,o "PAK-61,17.5 (c) (I 9),Ahd (20) of the Al If,Y New York State Environmental Quality Review Act C- 04),,iand Chapter 148 of the Code of the Ithaca titled "Environmental yality R not being subject to further Town of eview environmental review, now therefore be, - Resolved, that the Town Board of tli&Tow if,�'OfIthacca herdetermines that the revised y Zoning Map, effective April 1, 2004, revised`��, , e I )�)6 August 13, 2012, January 13, 2014, and December 11, ,Iaqkrectly incorpWIbs change; Jade to the official Town of Ithaca Zoning Map, and be it(drtheL ResolvedTown , that of Ithaca Zomp aft revised p 1 icl of the ToW,4�'�IIU Ithac, a hereby approves and accepts the -evised December 11, 2006, August , 20 04 13, 2012 J anuary.,�3,`,,2014 and!Dccembe' and determines that Such map shall be used as tile Zoning M ap until superseded by 1: irther action of the Town Board, offic" al Town fhaca Z6 or �further rnodified')Y�Jocal la Mo ved Seconded. Vote: Ayes g 4,UFE("W'fliA �T"F'kf ii6 MEETING OF THEATHACA170WN 130ARD Monday, Decemberl 1, 2017 TB RESOLUTION NO. 2017- : Acceptance of Sewer Improvements at theTherin lite. Manufacturing Facility and Authorize Town Supervisor to Execute Associated Easement Whereas, Therm Inc., the owner of.the 111,11111faCtUl-ing facility located at 1000 Fludson Street Extension, received final site plan approval from the ]own Planning Board on June 21, 2016 for construction of now +/- 20,000 square foot manUfaCtUring building along with L� associated improvements, including the relocation of onsite sewer infrastructure; and Whereas, 'I'lie rai Inc, has completed the COnStRIC6011 arrlll is offering for dedication to the Town of Ithaca sewer utilities as Shown on the reap entitled "Sanitary Easement Map, Showing Proposed Sewer Right of Way across Lands of THERM INC. Town of Ithaca, Tompkins County, New York", dated 12/15/16, revised 5/8/17 to show as built of installed manhole & new building improvements and revised again 9/27/17 to add bearing & distances along existing sewer easement to be released, prepared by T.G. Miller RC Engineers and Surveyors; and Whereas, the Owners, have Constructed the sewer facilities to Town of Ithaca. specifications; and Whereas, the Owners have prepared the easement necessary for Towyn niaintenance and upkeep of said sewer infrastructure, acceptable to the Attorney for the Town; and Whereas, the Director of Public Works liars advised the Towri Board that the sewer infl-aStRICtUe has beery constructed in accordance with the Town of Ithaca specifications, now, therefore, be it Resolved, that the Town Board authorizes the Town Supervisor to sign the aforementioned easement agreen-ient and accepts the sewer infrastructure as shown on the map entitled "Sanitary Easement Mal), Showing Proposed Sewer Right of Way across Lands of THERM INC, Town of Ithaca, Tompkins County, New York", dated 12/15/16, revised 5/8/17 and 9/27/17 prepared by T.G. Miller P.0 Engineers and Surveyors. Moved: Seconded: Vote: �,�,�' � �,. ,��; � �'. .,� �✓ X15 �'" �� /� ryeME 1 GAV MIT 21 of lot?020 ,M , p ia all, 6 —Was lot r _ A of w zle P �^ .i � w Jpf� qay "` F„� 111 CH � �� ��� �.� � ,� ,� i S m ¢tea �� I � ✓ ��,r yq Iz y ea �^. ✓ ^,, �, ✓ / .. 'RPS Y • Lt 1 PIE.JIMM ti IfCr 4u r i' pg QU r � a, -�. .� � �G SGC^ ;a� __� •�� ;; � -� � �� �' �w. �� � d ur r ;, � 1��p��a0 .'w. �' P 6 �Y� � �` ��M� M ,.Y•1 �9 , M �.�!`�.' ✓�. r� tib' MEETING OF THE ITHAC.A TOWN BOARD Monday, November 13, 2017. TB Resolution 201.7-135: Adopt Consent Agenda Resolved, that the Town Board of the '['own of Ithaca hereby approves and/or adopts the following Consent Agenda items: a. Approval of Town Board Minutes b. Approval of Town of Ithaca Abstract c. Ratify Public. Works appointments — Working Supervisor- (2) d. Ratify Public,Works appointments —Heavy Equipment Operator (2) e. Ratify Public Works appointments — Motor Equipment Operator f. Ratify Public Works appointment— Senior Heavy Equipment Mechanic g. Ratify Public Works provisional appointment — Heavy Equipment. Mechanic h. Ratify Bolton Point provisional appointment—Water Treatment Plant C)p)erator Assistant i. Permanent Appointment of Electrical/Code Enforcement Officer(2) Moved: Seconded: Vote. Ayes — TB Resolution 201.7- ac Approval of Town Board Minutes of November 17 & 27, 2017. Resolved, that the Town Board hereby approves the submitted minutes, with any corrections, as the final minutes of the n-reeting on November 17 & 27, 2017. of the Town Board of the Town of Ithaca. TB Resolution 2017 - 1) Torun of Ithaca Abstract Whereas the following numbered vouchers have been presented to the Ithaca Town Board for approval of payment; and Whereas the said vouchers have been audited for payment by the said Town Board; now therefore be it Resolved that the governing Town Board hereby authorizes the payment of the said. vouchers in total for the amounts indicated. VOUCHER NOS. 1548 - 1610 General Fund Townwide 61 ,550.12 General Fund Part-Town 3,903.45 Hi l a Fund 1:1aart-Towii 7,033.68 Water Fund _ 622,2 p 8.27 Sewer Fund 125,373.06 Fire Protection Fund. _ _ 2.99,2.96.40 Forest Home Lighting District 51.06 Glenside Ljgjj!jr� Drstrict. 15.27 .............. Renwick fleigohtsL.igjitinjo. District 26.38 _ g_"'- Eastwood Cornn-ions 1-i"liting District 35.74 Ip.............. Clover Lane I ig htino District ........... 1.73 .............................. ...... Winner's Circle Lightin'� District 7.14 Burlei gL _ ' 1666 i PLtye.lLightinDistrict g-................. I West Have!Ijoad..Lightin District 65.97 ................... Codd ingqLiRqa�d Li-htin- District 38.42 Trust and A ency 434.28 .......... TOTAL 1,127070,63 TB Resolution 2017— c: Ratify (2) Promotional Appointment to Working Supervisor Whereas, there will be two vacant Working SLIperViS01-position due to promotion and due to adding a position to the department in the 20 8 budget; and Whereas, the 1-fighway Superintendent has determined through interviews and evaluation that David Boyes and Jiarriie Stevens, I'leavy Equipment Operator, possess the necessary knowledge, Cl skills and ability to satisfactorily perforn-i the duties of the Working Supervisor position; and Whereas, the Highway Superintendent is promotionally appointing David Boyes and Jamie Stevens to the Working Supervisor position, effective December 24, 2017; now, therefore, be itt. Resolved, the Town Board of the Town of Ithaca does hereby ratify the Highway Superintendent's regular promotional appointment of David Boyes and Jamie Stevens as full time 'Working Supervisor for the Public Works Department, effective December 24, 2017; and be it further Resolved, this is, a 40 hours a week position, at the hourly wage of$29.24, which is an estimated annual salary of$60,819, in Job Classification "Y', with full time benefits; and be it further Resolved, if the said successfully complete the mandatory eight (8) week probationary period there will be no further action required by the Town Board. TB Resolution 201.7 — d: Ratify (2) Promotional Appointment to Heavy Equipment Operator Whereas, there will be two vacant Heavy EqUipf"nCrIt Operator positions due to promotion; and Whereas, the I-lighway Superintendent has determined through interviews and evaluation that Eric Griffin and Sarn Martinez, Motor Equipment Operator, possess the necessary knowledge, skills and ability to satisfactorily perform the duties of the Heavy Equipment Operator position;, and Whereas, the Highway Superintendent is promotionally appointing Eric Griffin and Sam zl'� Martinez, to the Heavy Equipment Operator position, effective December 24, 2017; now, therefore, be it Resolved, the Town Board of the Town of Ithaca does hereby ratify the Highway Superintendent's regular promotional appointment of Eric Griffin and Sam Martinez, as full time Heavy Equipment Operator for the Public Works Department,effective December 24, 2017; and be it further Resolved, this is a 40 hours a week position, at the hourly wage of$27.12, which is an estimated annual salary of$56,409, in Job Classification "IV", with full time benefits; and be it further Resolved, if the said successfully complete the mandatory eight(8) week probationary period there will be no further action required by the Town Board. TB Resolution 2017— e: Ratify Promotional Appointment to Motor Equipment Operator Whereas, there are currently two vacant Motor Equipment Operator position due to promotions,but only one position is being filled at the present time; and Whereas, the Highway Superintendent has determined through interviews and evaluation that Dustin Thomas, Laborer,possesses the necessary knowledge, skills and ability to satisfactorily perform the duties of the Motor Equipment Operator position; and Whereas, the Highway Superintendent promotionally appointed Dustin Thomas to the Motor Equipment Operator position,effective December 24, 2017; now, therefore, be it Resolved, the Town Board of the Town of Ithaca does hereby ratify the Highway Superintendent's regular promotional appointment of Dustin Thomas as full time Motor Equipment Operator for the Public Works Department, effective December 24, 2017; and be it further Resolved,this is a 40 hours a week position, at the hourly wage of$23.94, which is an estimated annual salary of$49,795, in Job Classification "III", with full time benefits; and be it further Resolved, if the said successfully complete the mandatory eight (8) week probationary period there will be no further action required by the Town Board. TB Resolution 2017 — f: Ratify Provisional Promotional Appointment to Senior Heavy Equipment Mechanic Whereas, John Williams was appointed as an Heavy Equipment Mechanic on July 11, 1994; and Whereas, the Highway Superintendent has determined through evaluation that John Williams,possesses the necessary knowledge, skills and ability to satisfactorily perform the duties of the Senior Heavy Equipment Mechanic position; and Whereas, the Highway Superintendent promotionally appointed John Williams to the Senior Heavy Equipment Mechanic position, effective December 24, 2017; now, therefore,be it Resolved, the Town Board of the Town of Ithaca does hereby ratify the Highway Superintendent's provisional appointment of John Williams as full time Senior Heavy Equipment Mechanic for the Public Works Department,effective December 24, 2017; and be it further Resolved, this is a 40 hours a week position, at the hourly wage of$29.24, which is an estimated annual salary of$60,819 , in Job Classification "V", with full time benefits; and be it further Resolved, the said will need to successfully complete and be a reachable candidate from the next civil service exam for the said title. TB Resolution 2417 — g: Ratify Provisional Promotional Appointment to Heavy Equipment Mechanic Whereas, LaVern Morse was appointed as an Automotive Mechanic Assistant on April 15, 2002; and Whereas, the Highway Superintendent has determined through evaluation that LaVern Morse,possesses the necessary knowledge, skills and ability to satisfactorily perform the duties of the Heavy Equipment Mechanic position; and Whereas, the Highway Superintendent promotionally appointed LaVern Morse to the Heavy Equipment Mechanic position,effective December 24, 2017; now, therefore, be it Resolved, the Town Board of the Town of Ithaca does hereby ratify the Highway Superintendent's provisional appointment of LaVern Morse as full time Heavy Equipment Mechanic for the Public Works Department, effective December 24,2017; and be it further Resolved, this is a 40 hours a week position, at the hourly wage of$27.12, which is an estimated annual salary of$56,410 , in Job Classification "IV", with full time benefits; and be it further Resolved, the said will need to successfully complete and be a reachable candidate from the next civil service exam for the said title. TB Resolution 2017- h: Ratify Provisional Appointment of Water Treatment Plant Operator Assistant-SCLIWC. Whereas, there is a planned retirement creating a vacancy in the full time position of Water Treatment Plant Operator in the Production Department at Southern Cayuga Lake Intermunicipal Water Commission, which will be filled at an Water Treatment Plant Operator Assistant; and Whereas, the interviewing group has determined that Megan Falicchio possesses the necessary knowledge and skills to satisfactorily perform the duties of a Water Treatment Plant Operator Assistant; and Whereas, Megan Falicchio was appointed by SCLIWC at the December 7, 2017 meeting based on a full time level of 40 hours per week, effective November 20, 2017; now, therefore, be it Resolved, the Town Board of the Town of Ithaca does hereby ratify SCLIWC's appointment of Megan Falicchio as a full time of Water Treatment Plant Operator Assistant in the Production Department; and be it further Resolved, this is a 40 hours a week position, at the hourly wage of$18.67 from account number SW8330.101, with full time benefits; and be it further Resolved, the said appointment is a provisional appointment pending the results from the next civil service exam for this position. TB Resolution 2017— is Permanent Appointment of Electrical/Code Enforcement Officers Whereas, Dana Magnuson on January 28, 2016, and Mark Stonier on February 27, 2017, were provisionally appointed as Electrical/Code Enforcement Officer, pending the next civil service exam; and Whereas,Tompkins County Personnel has provided the certificate of eligible listing for the Electrical/Code Enforcement Officer exam and Dana Magnuson and Mark Stonier were in the top three candidates; therefore, be it Resolved,the Town Board of the Town of Ithaca does hereby approve the permanent appointment of Dana Magnuson and Mark Stonier as Electrical/Code Enforcement Officer, retroactive to November 22, 2017, with no change in wages or benefits; and be it further Resolved, a mandatory twenty-six (26) week probationary period applies with no further action by the Town Board if there is successful completion of the probationary period as determined by the Director of Code Enforcement.