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HomeMy WebLinkAboutPB Minutes 1977-11-01 1 TOWN OF ITHACA PLANNING BOARD :f TUESDAY , NOVEMBER 1 , 1977 The Town of Ithaca Planning Board met in regular session on Tuesday , November 1 , 1977 , in Town Hall , 126 East Seneca Street ( second floor ) , Ithaca , 0N . Y . , at 7 : 30 p . m . PRESENT : Chairman Liese Bronfenbrenner , Eva Hoffmann , Henry Aron , Patrick Mackesey , Montgomery May , Jonathan Bradley , Lawrence Fabbroni ( Town Engineer ) , Robert Bonnell ( Assistant to the Town Engineer ) , ALSO PRESENT : Kathy Kaplan ( WHCU ) , Wayne Fisk ( WICB ) , Joel Meltzer ( WTKO ) . Chairman Bronfenbrenner declared the meeting duly opened at 7 : 33 p . m . REPORT OF THE BUILDING INSPECTOR Mr . Fabbroni reported that in October 1977 he issued two permits for one - family homes and three permits for additions for a total $ 104 , 970 worth of improvements ; as compared to permits for one two - family home , one one - family home , one medical - dental building , and three additions in October of 1976 for a total of $ 198 , 000 worth of improvements . REPORT OF THE TOWN ENGINEER Mr . Fabbroni reported that the contracts have been returned that we received from the EPA regarding the sewer contract with the appropriate signatures , and we expect to hear any time now of an authorization to go to bid . He stated that we fully expect to go to bid sometime in November and call bids back within a month ' s time and be ready to go when the winter breaks in the spring . He stated that we have all except about five easements in hand and only one which we may - have to go to _ condemriation on . The re - mainder are just minor details such as absent owners ( out of Town ) . Mr . Fabbroni reported that he is preparing the paperwork to get reimbursed for the flood . • Mr . Fabbroni reported that a road improvement program is coming up and he will have more specifics in the future . The program has to do with road - side hazards . Mr . Fabbroni stated that he has met , first of all , with the screening committee of the Town Board and with the full Town Board , since the screening committee had divergent views of staff assistance . Discussions are toward a 1 / 2 - time planner and 1 / 2 - time engineering assistant with the idea that they would like to see how it works out before any decision on how productive either or both positions are . Mr . Fabbroni commented that he thought it premature to mention who was turned down and who was accepted until they take final action on November 10th . He noted that there were 18 candidates . REPORT OF COUNTY PLANNING BOARD REPRESENTATIVE Mrs . Eva Hoffmann reported that there were two things rather interesting . 1 . The Fall Creek Corridor Management plan was presented as prepared by the Environmental Management Council . The area would follow the Creek from the Cayuga County border down to the City of Ithaca and try to protect it - - to keep it essentially as it is and not a tourist attraction . There would be some improvements for the benefit of those who live there . She stated that they set up a set of rules and are hoping that the communities along here will make these rules a part of their ordinances . She stated that it will take at Plahning Board - 2 - November 1 , 1977 ti. least five years to implement . The plan will be going to the municipalities . 2 . Lehigh Valley Railroad Right of Way which the County has had an opportu - nity to buy from the Railroad at $ 1.00 an acre , there are 46 acres involved , it being a 60 ' right of way , was discussed . She stated that presumably one of the ideas would be to use this right of way for recreational purposes . Mrs . Hoffmann asked if at a cost of $ 4 , 600 is it really worth it considering the maintenance problems . She said that all the previous uses have to be maintained , e . g . , cattle crossings , bridges , etc . She stated that the County is worried that it will be very costly . There are questions as to whether it should be limited to people - - should one have snowmobiles , etc . She noted that this is the abandoned right of way from Freeville to the Cortland County line . Mr . Fabbroni stated that this discussion brings up a point that he was going to bring up in reference to that same right of way . He stated that we have just received word of abandonment of the section from Freeville to Ithaca and we have already been aware of the Freeville to Cortland section being abandoned . He stated that they are asking municipalities if they have any interest in these . Mr . Fabbroni stated that we are particularly interes - ted in the portion that goes roughly from Maple Avenue to Game Farm Road and goes past the Cornell coal plant . Mr . Fabbroni said he was thoroughly confused as to what happens to the Cornell coal plant . Mr . Bradley interjec - ted that they are rebuilding it . Mr . Fabbroni continued and stated that it might be important to our Park Plan . He stated that he walked that area with the Circle Gre'enway Committee and added that he thought it would be very appropriate , if Cornell has no . interest , , . for the Town to have an interest in it , particularly in the Game Farm area . He commented that there ® is a logical terminus here , as opposed to the-, South Hill right of way . Mrs . Hoffmann stated that it could be that in the not too distant future one could be interested in having railroads again . She asked if it would not be a good idea to purchase it just for that in case . Mr . May stated that he fully agreed and added that some day we will be very sorry that we let the railroads go . Mrs . Hoffmann concluded , referring back to the Fall Creek Management Corridor Plan , by stating that when one thinks about the circulation road around Ithaca , there would be quite a conflict with this Fall Creek manage - ment concept . DISCUSSION OF PROPOSED 10 =YEAR PARK PLAN Mr . Fabbroni distributed the proposed 10 - year Park Plan . to the members of the Board . This Plan is attached to the Official Minutes of this meeting . Mr . Fabbroni stated that the Park and Open Space Policy was established by the Planning Board roughly two - and - one - half years ago and on the basis of that policy which , in brief , calls for citizen groups or the Planning Board as a whole and the Town Engineer , to come to the Town Board by July lst and they would discuss those projects and somehow coordinate these into their budget for the next year . He stated that any citizen group could make their wishes known to the Town Board . He commented that this has strengths and weaknesses . Mr . Fabbroni stated , as a result of this Park Policy , we are trying to come up with a comprehensive park plan to cover spacing and location and different needs of the Town in regard to park and open space . By way of background , Mr . Fabbroni stated that Susan Blumenthal , who was a summer intern in 1975 , developed the draft proposal by the fall of 1975 . He stated that these were reviewed by the Planning Board and the Town Plaiining Board - 3 - November 1 , 1977 c Board . Returning to the 10 - year plan , Mr . Fabbroni stated that some of Ms . Blumenthal ' s comments have been taken , for instance , the working with zthe School District in re the DeWitt site ; they have taken sites available to us through Cornell at the north end of Tareyton Drive ; Eastern Heights . He said that some of these were brought through the Planning Board and approved for implementation , i . e . , Tareyton Drive and Salem Drive sites . He noted that the DeWitt Junior High site came along and there was some worry about duplication . Mr . Fabbroni stated that the park plan the Board sees before it now is a revision of the last two years plus an incorporation of the site plans as an appendix . Mr . Fabbroni stated that also during that time the park sub - committee of the Town Board was established to review the recommendations of the Planning Board with regard to different sites and park plans . He stated that they never conclusively recommended the implementation of any of these phases in Tareyton Drive and Salem Drive , mainly , as he saw it , to see what would happen with the DeWitt site . He said that they directed him to develop a PR package for Coy Glen ; this is primarily for the landowners . He stated that they saw a need at this time , , since we never had a public report , to come up with a revised public report that , as much as possible , puts forth a comprehensive framework to developing parks and recreation in the Town . He said that the Town Board sub - committee said that we need some framework to develop some implementation of these plans so that we have some idea of the amounts of money . Mr . Fabbroni stated that he came up with this 10 - year plan which is , quite frankly , much more concrete for the first five years than the last five years . He stated that what he has tried to do in some ways is to map out a program to provide recreation within all the Town within 10 years . He said the plan indicates immediate development in the most populous areas ; acquisition of areas where development has pretty well outgrown the availa - bility of open space ; some areas on South Hill and West Hill mapped out , it being a little conservative in that aspect . He said that the ... plan : describes acquisition where we do not have areas and development of areas where we have land already . He described the second stage development of parks in high density areas such as Eastern . Heights . He described the cost projec - tions . Referring to sites reviewed by the - Planning .Board _ . he stated that the projected costs were based on " today " plus 8 - 10% inflation , e . g . , if it were built in 1980 , the cost in 1980 was estimated . He stated that basically for East Ithaca , this Board once reviewed the site plan for an Eastern Heights park which many felt was overdone . He noted that other lands are available in East Ithaca through the subdivision process . He noted that they went a step farther than what was discussed by this Board ; he set out to set up a very aggressive program and have the Boards pare it back . Mrs . Hoffmann asked what " force account " is . Mr . Fabbroni replied that basically it is accomplished by the Town Highway Department . Mrs . Hoffmann stated that it seemed to her that there was a lot of development in East Ithaca . Mr . Fabbroni explained about costs . Mrs . Hoffmann noted that upon adding the number of activities and the variety of activities there is quite a lot for East Ithaca , commenting that it shows three soccer and football fields . Mr . Fabbroni pointed out that the BOR grants are scheduled in three year grants . He stated that they are all the same field - - one field only . Mr . Fabbroni stated that the Town Board did not get into " do we need this or that " ; their discussions were on a higher plane . He said that they were discussing more the policy of their park plan - - what were the goals and objectives that they wished to accomplish out of the 10 - year plan . He said that no neighborhood maintenance to any degree was prescribed . He pointed out that low maintenance parks were a high objective ; ones that they do not have to come in and rebuild very five years , e . g . , the Cass Park experience of what holds up and what does not . He stated that the basic premise : . is conservative - - take the money that we have and develop flat , off - the - street play areas and develop as ballfields and let each neighborhood Plahning Board - 4 - November 1 , 1977 drum up enthusiasm and see how much use there is to start a second stage , e . g . , the Coddington Road Community Center . Mrs . Bronfenbrenner asked what the Board wants the Planning Board to do . Mr . Fabbroni stated that the Supervisor is not sure ; he put the first three in the Planning Board budget . Mr . Bradley asked if there has been any group pushing for anything . Mr . Fabbroni replied in the affirmative citing Eastern Heights , Tudor Road vest pocket park and Northview Road West people came in also . He commented that he had a girl do a study and they said " no " , deciding that they just want a place for their kids between 3 and 9 to play off the street . Mr . Fabbroni commented that , on the other hand , he had gone to the Northeast and had actually approached the Civic Association himself rather than have them approach us . He stated that he had had two helpers on a . plan but there were only nine people at a meeting and the students were disappointed - - they revised the site plan for Salem Drive and Tareyton Drive - - this time 40 people showed up - and that was encouraging . He added that that was the one at which they got the petition wherein half the people wanted tennis courts and the other half wanted horseshoe pits . Mr . Bradley asked how maintenance is funded . Mr . Fabbroni stated that this was the biggest question that the Town Board had to face . He said funding will be through the tax base . Mr . May stated that there is no question that the Town of Ithaca is behind in its parks , but maintenance is a major question . Mr . Bradley commented that there is probably not another Town in which one could live that has as many parks as Ithaca . Mrs . Hoffmann commented in re maintenance of tennis courts if it would not be possible to have them financed in that people sign up to use them and have them closed at other times and perhaps charge a small user fee . She stated that it is a good idea to consult with the people in a neighborhood but children do grow up and we should not be bound into something forever . Mr . Fabbroni felt that we should serve all age groups . Mrs . Bronfen - brenner commented on one change these days - - fewer parents are willing to drive kids any more . Mr . Bradley , using the Tareyton Drive site as an example , stated that we should actually figure maintenance costs over five years and also before it is decided to actually build it . Mr . May wondered if the Town Board did not , earlier this year or late last year , decide on certain things that they were going to have - - some parks - - and that some things were going to be done in the recreational area . Mr . Fabbroni replied that that was true and that is when they esta - blished the $ 130 , 000 capital reserve fund . Mr . May stated that he is won - dering when Mr . Fabbroni Presents this 10 - year plan , they talk about overall philosophy again . Mr . May commented that he was confused , and he asked what Mr . Fabbroni was looking for at this time . Mr . Fabbroni replied that he had no pride of authorship on this 10 - year plan , he just brought together what has happened over the last three years . Mr . Fabbroni continued and noted that at this time , we could develop flat areas for , say , ballfields and , say , provide a backstop and have the kids bring in their own bases or make their own bases . Planning Board - 5 - November 1 , 1.977 Mr . Aron stated that he is under the impression , really , that the Board wants us to come and recommend to them what we have in mind and where and then they take the ball from there . Mr . Aron asked if he were correct . Mr . Fabbroni stated that that is what he understands to be the case , however , he posed the question - - or should the Board ask the Town Board what it is they want this Board to do with parks and recreation . Mrs . Bronfenbrenner stated that she thought the Planning Board members should all read this plan very carefully and put it on the agenda again at a not - too - full meeting to allow for a good discussion . REPORT OF THE SIGN ORDINANCE COMMITTEE It was reported that due to the fact that most members ( two out of three ) have been out of Town , the committee has not met . It was stated that comments are needed from each member of the Planning Board , OLD BUSINESS - AD HOC COMMITTEE IN RE THE IACOVELLI PROPOSAL It was reported that the committee ruled out the proposal on the basis of land use and location and traffic , but , on the other hand , the neighbors should not think that Juniper Drive would never be opened . It was noted that the one thing that was not talked about was the status of the private lane . Mrs . Hoffmann stated that she really thought that in some ways it might change some minds about the suitability of this proposal if it were a smaller complex on the same piece of land - - maybe a one - story building . She commen - ted that it is not quite as big a problem traffic - wise . OLD BUSINESS - MONKEMEYER Mr . Fabbroni stated that Mr . Monkemeyer is going to come in to the Plan - ning Board on the 15th of November and propose the following , adding that he should get his plans to us a week before . Mr . Fabbroni described the proposal as it refers to the new loop already gone by the Planning Board . He noted that the R - 9 runs back 250 ' and the R- 30 land is outside of the new loop . Mr . Monkemeybr is proposing a bank and a convenience foods store . Mr . Fabbroni said that he suggested that some land in the " business park " as a rezoning for now , i . e . , part of the 30 acres . Mr . Monkemeyer will propose this to Business " C " as the commercial park . Mr . Fabbroni noted that there is also a cluster proposal for a great number of acres on the other side of Hermann ' s land which is R - 30 ; this would involve a rezoning to R- 15 ( cluster ) . He commented that it is pretty much a matter of course in the rezoning from R - 30 to R - 15 because of the water and sewer . Mr . Fabbroni explained " cluster " under Section 281 of Town Law , noting that the density is the same as under R - 15 standard development . Mr . Fabbroni ' s final comment was that it may all come back to what he ( Fabbroni ) suggested to him ( Monkemeyer ) a long time ago - - a PUD . ADJOURNMENT Upon Motion , the November 1 , 1977 , meeting of the Town of Ithaca Planning Board was duly adjourned at 10 : 08 p . m . Respectfully submitted , Nancy M . Fuller , Secretary . f A G E N D A TOtV OF ITHACA PLANNING BOARD TUESDAY , NOVEMBER 1 , 1977 7 : 30 P . M . Routine Business Report of Building Inspector Report of Town Engineer Report of County Planning Board Representative Report of Planning Board Chairman 7 : 45 P . 11 . Discussion of proposed 10 - year Park Plan 3 : 15 P . M . Consideration of Sign Applications 8 : 30 P . 111 . Report of Sign Ordinance Cot „ ittee 9 : 00 P . M . Old Business 9 : 3 0 P . M . ADJOURINIMENT NOTE : IF ANY MEMBER OF THE PLANNING BOARD CANNOT ATTEND , PLEASE CALL Q ME IMMEDIATELY AT 273 - 1721 . Nancy M . Fuller Secretary 31 � 1fT. 3t Yn,`.. i.�'<'.. .:c:<- `.. " ,.. .,.: , : e ,. ;"•. w.. . e.iusa - s.- '. .. � . . . .. . P <.. .i S . I ' h } �; •. . • • ` Il `: f • 9 1 •. TTTTTT�, OR Am UP :P �1 J �& s. • • • 11. . • • • • • • • — — • ' � a as MIS My of an w +�# ; 4• _ a N= �� • • • • • 11 • • 11 • 1111 • ' • � 11 • . • ' • • '00, • • 1111 ' • • • ' gy�}i OEM Ow AND 40, 3!: 11 YiI yyy Ow } • • • • • • • • • • O • • it • h • • • • • RIP y r Ron Anderson said the Village of Cayuga Heights is studying some water runoff problems and is doing this in cooperation with the Town of _ Ithaca . He said . the Village Board is being asked by the �® Villa* ,ey- Vf ' IAnsing, to reconsider continued extensions from the `p village sewer system rather than constructing a new trunk sewer to serve , the , Lansing Village , Carl Cox ' tof ' Trumansburg said he is also delighted with the Rt . 13 improvements in the city . Phil . Munson reported on the plight of the farmers in relation to the wet weather . He said that farmers in this area are in a desper- ate situation , that there will be loss of considerable crops because the land is so wet that crops cannot be harvested . Tony Schultz said the Town of Caroline is being sued by some towns people in Slaterville Springs in relation to alleged flooding . . The flooding was caused by debris which accumulated on the center support of the bridge and Tony says that this is not the fault of the town but rather the state and federal government . He also re - ported that the rental agreement for " the health clinic in the Town of Caroline has not yet been signed by the town because the town is being asked to perform more services than was originally contemplated . The agreement ' is still under negotiation . He also spoke of a problem in relation to getting reimbursement from the State Division of Youth for activities by the youth group in Brooktondale . The town is also working on a - pornography law . Paul Komar said * the hearings on . the Cayuga . Station Generating plant . will resume on October 17th and will consider the need , geological and terrestial ecology . He said that over the life of the plant , at least $ 172 , 000 , 000 will be saved if the plant is located near Milliken Station as opposed to Summerset on Lake Ontario . Report , Committee on Board Structure ' Jim Yarnell presented 'a revised draft of a I' Proposed Charter ' Amendment " in relation to the structure of the : Planning Board . The proposal was opened to . discussion . Leonard Miscall questioned whether or not the Economic Opportunity Corporation and . the Human Service Coalition should have representa- tion on- :the Board . He suggested that there be representation directly from industry . 2 Raymond Hemming said that there is . a good deal of cross - represen- Cation and that the city is well represented by that . arrangement . He tended to q)pose the proportional representation , Paul Komar. and Millard Brink spoke in favor of having a separate representative from industry . Dooley Keifer said that if the criteria for non- municipal repre - sentation was based on " major independent planning functions " , then labor does not , in her opinion , fit that criteria . She suggested that there are other groups which do not have major independent planning functions such as young voters and alternative life style groups . She felt that the structure seems to perpetuate the existing political structure and that it would be preferable that it be freed from the political influence . She also spoke in favor of weighted voting as a means of accomplishing . the one- man one- vote principle , Ms . Keifer will consult with the Environmental Management Council to see what their comments might be . Liguori pointed out that the present structure of the Planning Board , based upon a coalition format , is a considerable improvement ® over the 7 or 9 member blue ribbon Board which prevails over most of the State , Certainly the coalition concept provides a broad opportunity for inputs that could never be achieved by the 7 or 9 member Board . Eva Hoffman said that she was inclined to prefer the weighted voting approach , Ron Anderson suggested that role call votes berecorded on con- troversial issues so that the Board of Representatives and others would have some basis for interpreting the vote , Carl Cox suggested that informal vote on the proposal be delayed until the next meeting so that the Environmental Management Council and others could have an opportunity to discuss it for comment , Phil Munson pointed out that the public education sector does not really do county- wide planning , that most of its planning is done at the state level , He suggested that perhaps education should not have a representative . Tony Schultz favored one vote for each municipality and suggested the Board be divided into two groups , . municipal representative and functional planning representatives , with separate . voting functions , 3 1 . r w Ben Richards also expressed concern with the phrase " major independent planning functions ' and suggested it be reworded to make it possible for a broader representation . He favored the representation by . industry and retention of the public education sector . He asked that the voting be put .off until the next meeting . Paul Komar suggested that membership on the Planning Board be kept open- ended and not too closely restricted and believes that each member should have one vote . Jim Yarnell summed up . , the discussion by saying there appears to be consensus that industry should be added - and � that public education should - continue ' to have representation . He suggested that the question of one vote per municipality versus a weighted voting pro- cedure : be discussed and decided at the next meeting . He Moved that 'theCharter Amendment remain as submitted , with the addition of industry as a member with the understanding that there will be full discussion at the next meeting on the voting, procedures . A copy of . the " draft" is attached for consideration at the ' next meeting - on November 9th . Motion was Seconded by Carl - Cox and was adopted without dissenting vote . Economic Re®ource ' Board F Liguori said the county is now eligible for participation in the Federal Economic Development Programs because of continued high unemployment . The county elected to join in with the other counties in the Southern Tier East Region so that participation in federal and state programs will be through that Regional Board , expanded to form a region-wide economic Board . In order to advise county and local governments , and also the private sector , in relation to the county economy and to provide direction to the people from Tompkins County who will represent the county on the Southern Tier East Regional Economic Board , it appears desirable that there be within this county an Economic Advisory Board . Although there are several organizations which currently provide some specialization in the economic sector , no single organi- zation is in a position to provide a broad overview . Initial dis - cussions with county government and others indicates that there is interest in considering a local Economic Advisory Board . John Clynes , Chairman of the Planning and Public Works Committee , announced 4 at the October 10th `meeting of the Board of Representatives that he was referring the matter to the County Planning Board to study the ® matter and make recommendations in relation to : ( 1 ) Is there a need for a county oriented Economic Advisory Board? ( 2 ) What would be the functions of such a Board ? ( 3 ) How would such a Board be struc- tured? ( 4 ) What would be the " charges " to such a Board . Mr . Clynes also suggested that the County Planning Board should consider what role they might play in such a Board . After discussion , Chairwoman Barbara Caldwell appointed an Ad Hoc Committee consisting of Leonard Miscall , Paul Komar , and - Ernie Cole , together with such other individuals as the Committee may . ask to participate , to look into the matter and submit a report to the Board within 2 months . Fall Creek Management Plan Proyosal Roger Yonkin , member of the Environmental Management Council and * Chairman of the Fall Creek Planning Committee , gave a brief overview of the Councils suggested plan and preamble . He pointed out that in order to protect and preserve the Fall Creek corridor , the municipalities bordering the creek , including the City of Ithaca , ® Town of Ithaca , Town of Dryden , Village of Freeville , and Town of Groton , should consider an appropriate management plan . A summary of the plan is attached . Mr . Yonkin asked that the Planning Board review and study the proposal and make suggestions and recommenda- tions . He volunteered that implementation of the plan may take up to 5 years . Barbara Caldwell pointed out that the plan must take into consideration that there are major highway corridors in the Fall Creek watershed , including school bus , and the plan should recognize that these corridors are important and will continue to exist . Mr . Yonkin said the plan does make provisions for traffic and bridge crossings . Mr . Liguori asked Mr . Yonkin if he saw any conflict between the Lehigh Valley right- of-way recreational plan - and the Fall Creek Management Plan . Roger said he personally sees that such a conflict does exist , but the Environmental Management Council has not fully explored the matter . 5 Lehigh Valley Right- of-way F . Liguori reviewed the activities involved in a consideration of exercising the preferential right of purchasing . the abandoned Lehigh Valley right- of-way from Freeville to the Cortland County line . He pointed out that the county , acting in. concert with the Town of Dryden , Town of Groton , and . the Village . of Freeville , has asked they be - given an opportunity to exercise a preferential right to purchase . Aninformal purchase offer. . of $ 100 per acre has been made . Lehigh Valley railroad officials have asked that a formal purchase offer be drafted and that a 10% payment be made for good faith in negotiations . In the meantime , the County Attorney has examined the original deeds and found that the conveyance will be by quitclaim with no mineral or oil rights , no tracks or ties included . The purchaser must continue to accept all existent ease - ments and other conditions granted by Lehigh Valley railroad . over a period of years . Investigation of the original deeds indicate that there are at least 3 reversion clauses which would suggest that the property will revert to the heirs of the original owners if it is no longer used for railroad purposes . There are also at least 8 cattle easements and several drainage structures which must be main. tained . Paul Komar suggested that the county consider purchasing the right- of-way as a means of banking the land for some future use . Phil Munson pointed out that the expectations of local people , including adjacent property owners , will be much higher than the expectations are at the present time , which suggests the county will be subjected to considerable pressure by those who advocate the use of the property for recreational purposes and the adjacent property owners who may be impacted in some way . Tony . Schultz warned that if the county purchases the right- of-way , they must be prepared to deal with potential trespass suites . Millard Brink reminded the Board that the public abuses public land in many ways , including the disposal of beverage cans and trash , and that this will adversely impact adjacent property owners who will beaga. ins public use of the right- of-way . Jim Yarnell suggested the Planning Board prepare a recommendation to the County Board of Representatives on acquisition of the right- of-way . 6 Paul Komar suggested that a Sub- Committee might be appointed to formulate some recommendations to the Board of Representatives . Leonard Miscall Moved that the meeting be adjourned at 10 : 10 p . m . NEXT MEETING The next meeting will be on Wednesday. , November 9 , 1977 , , 7 : 30 P . m . Respectfully submitted , Frank R. Liguori Commissioner of Planning ® 7 Attendance Record Tompkins County Planning Board , Date �G , X977 Name & Or anization P A Remarks Millard Brink A ric . Le race Benson Cit Pig . James Yarnell CU John Cl es Co . Plgo. .Comm . Leonard Miscall EOC Philip Munson • Educ . r Doole Kiefer EMC Gould Colman ' Health Plge Ann e Gunning Hum . Serv , Col . 6AG'wse Paul Komar Chamber- Ind . POO IC Thomas Mecca TC Ra and Hemmin I * City Ton Schultz Caroline T Ernest Cole Danb T Barbara Caldwell Chm , Dr den T A Tommy Brown Enfield T Geor a Totman Groton -T ShirleyRaffens er er Ithaca ( T ) �-�✓�a o/o�wN Stanley We Lansin T George Vandermark Newfield T d David . Lan le Ulysses '( T ) - Ronald Anderson Cay . H ts . V Almon Stevens Dryden V CX 4ds5c001 Eleanor ha6000 .yl ey Freeville V Groton V Benjamin Richards Lansing V Carl Cox Trumansbur V *LarrX Fabbroni " I . Town *Matthvs VanCort I . Cit *Michael Martin Human Serv . *GreZory Kasprzak Beaut . *BeverlX Livesay Bd , of Re S . i *Frank R . Liguori _ Co . Pl . *Ex Offic�i90 D / � �� y� �rtsc.s► � � '/ ,'!/ is iri�a� - K o,d ci yss®'�► � � �`�Av t ss Owe &P+460 or goo fT.ON RECOMMENDED AMENDMENT OF THE COUNTY CHARTER , ARTIUE ' X , DEPARTMENT OF PLANNING Section 10 . 03 Tompkins County Planning Board Membership , Powers and Duties . There shall be a Planning Board to consult with and to advise the County Board of Representatives and the County Commissioner of Planning . Members shall be appointed by the Board of Representatives upon the recom- mendation of the participating municipality , agency , or organization , and the endorsement of the Planning and Public Works Committee . Each voting member ' s term of office shall be three years . There shall be a member representing the City of Ithaca , each of nine towns and six villages of the county , and each agency and organization in the county exercising major independent planning functions , to include , but not to be limited to , the Health Planning Council , Human Service Coalition , Environmental Management Council , Economic Opportunity Corporation , Trans - portation Commission , Water & Sewer Agency , Education , Labor , Agriculture , ) ctA45i " a Chamber of Commerce , Cornell Univers , ty , Ithaca College , and Tompkins Cortland Community College . The Chairman of the Planning and . Public Works Committee . of the County Board of Representatives , or a designee of . that Committee , shall be an ex - officio member of the Planning Board during that person ' s term on the Planning and Public Works Committee . Additional voting and ex - officio members may be recommended by the Planning Board and approved by the County Board of Representatives . The Board may consider any matter relating to State , regional , county, or municipal planning and other matters referred to the Board by the County Board of Representatives , the Commissioner of Planning , or Planning Board members . Recommendations to the County Board of Representatives shall be made in writing . The Planning Board shall establish its own by - laws and procedures , elect e officers from its membership , and receive technical advice and assistance from the County Planning Commissioner . FALL CREEK CORRIDOR MANAGEMENT PLAN CONTENTS Preamble I . Fall Creek Preservation Committee - Organization II . Fall Creek Preservation Committee - Responsibilities III . Management Plan Criteria Corridor Length and Width Land Uses and Development Stream Structures Access and Motor Use Utilities Water Quality Forest Management and Vegetative Cutting Agricultural Practices Educational and Scientific Uses IV . Land and Water Use Zones ® Open Space Zone Rural Zone Urbanized and Hamlet Zone Soil Conservation . Combining Zone V . Laws Relating to Fall Creek Protection Environmental Conservation Law Education Law Real Property Law Tompkins County Sanitary Code Federal Water Pollution Control Act Safe Drinking Water Act National Flood Insurance Program Prepared by Recreational Land Use Task Team of the Tompkins County Environmental Management Council October 1977 Revision ® FALL CREEK CORRIDOR MANAGEMENT PLAN Preamble Every day opportunities present themselves to save an important or unique portion of our environment and are then lost through neglect , poor plan - ning , willful destruction or apathy . Very few of us participate in the willful destruction of these areas , however , most of us act only as :observers to the creeping certainty of the demise of important local resources . The Tompkins County Environmental Management Council sees today as the time to begin the action to assure the survival of Fall Creek and its environs . The Council , in recognizing that the Municipalities and the people therein Adjacent to Fall Creek are interested and in some way committed to its survival , also recognizes that these people would prefer developing and controlling their own River Corridor rather than having it develop under State jurisdiction . This protective effort is not aimed at creating a recreational mecca which will attract tourists ; rather it attempts to preserve and enhance the exist - ing quality of the stream corridor for the quiet enjoyment of the Fall Creek residents and the general citizenry of Tompkins County . ® Careful consideration must be given to the rights and plans of- ' those who presently . own land and facilities .within the proposed corridor : The Council considers itself in a position to advise and coordinate an effort to establish the policy and legal protection necessary to insure ' the quality of the Fall Creek area for generations to come . The following Management Plan then , is presented to facilitate this effort , providing the base whereupon we can all eventually agree . I . Fall Creek Preservation Committee - Organization 1 . The Fall Creek Preservation Committee , hereafter called the Com- mittee , will be a special advisory committee of the Tompkins County Environmental Management Council which will have been approved with . the full advice of the participating municipalities in Tompkins County through which Fall Creek flows . The office of the Committee will be the TCEMC offices at 128 East Buffalo Street , Ithaca , New York , 2 . This Committee will consist of TCEMC representatives of the Town of Groton , Town of Dryden , Village of Freeville , Town of ' Ithaca , and an additional three members of the Council to be elected by the Council . Their term will be for two years . Two will be elected on alternate years . There will be a total of seven members from whom a Chairperson will be selected by the Committee . A majority of the Committee must be present at a meeting in order for resolutions ® to be effected . 1 3 . The immediate concern of the Committee will be the protection of the Fall Creek environs from degradation and general intentional and unintentional misuse within the designated corridor boundary . Such a boundary will have been prepared with the advice and consent of the participating municipalities . Public meetings regarding the boundary delineation will have been held pursuant to General Municipal Laws , II . Fall Creek Preservation Committee - Responsibilities 1 . The following Management Plan Criteria for the preservation of the Fall Creek Corridor ( Sec . III ) , which will have been prepared with the advice and consent of the participating municipalities , will serve as the guidelines for activities with which the Committee will be concerned . 2 . The Committee will be responsible for reviewing appeals of appli- cations for permits requesting land use or development alterations or variances which may conflict with those criteria for use agreed upon by the municipalities according to the following Criteria within the corridor boundaries . Such review will include but riot be' limited to those for building , zoning , subdivision , wetlands , modification and SEQR permits . The burden forreceiving notice of such review proceedings will rest upon the Committee , unless formal arrangements with the municipalities are agreed upon . Likewise , the burden for completing and submitting a review report of application will rest upon the Committee . The municipalities will not be obligated to concur with such Committee recommendations ; nor will the Committee have legal recourse other than that already established as provided in New York State Civil Practices Law and Rules Article 78 . 3 . The Committee will review the quality of the Corridor for com- pliance with established laws such as those which are included with this Management . Plan . If suspected infractions are found , the Com- mittee will be responsible for reporting such conditions . to the appropriate regulatory governmental agency if the Committee feels such action is deemed necessary . The Committee will have legal recourse as established by New York State Civil Practices Law and Rules Article 78 if the Committee finds that no action to rectify the infractions are being taken . 4 . The Committee will act as a clearinghouse to receive information about Fall Creek , including notification from citizens as to any activities which are . likely to impair its environmental quality . The Committee will also conduct a program of citizen education concerning the values and uses of Fall Creek . 2 Y Management Plan Criteria Pursuant to New York State Consolidated Municipal Laws , the towns , villages and cities have been empowered to implement and enforce development ordinances . All of the participating municipalities through which Fall Creek flows have enacted such ordinances to guide development according to the best interests of their respective communities . ' This Corridor Management Plan is not, intended to infringe upon established development regulation responsibilities nor will the Protection Committee assume administrative . responsi - bilities which have been delegated by State Law to . the municipalities . The Management Plan Criteria for the corridor are intended to provide ( 1 ) a coordinated intermunicipal nomenclature when dealing with development in the Corridor ; ( 2 ) a system of guidelines for restricting certain types and intensities of development so as to protect the integrity of Fall Creek for its intended use ; ( 3 ) a common public awareness of the aims of the communities in the corridor . It should be further noted that the success of this Management Plan depends solely upon the consent and cooperation of the municipalities and their implementing and enforcing the ordinances which they have adopted and will have amended under the provisions of this Manage - ment ' Plan . A . Corridor Length and Width 1 . The corridor boundaries are designated on the Fall Creek Corridor map with a maximum width of one-half mile - ( 800 meters ) from each river bank at the time of designation . 2 . All distances from Fall Creek are measured horizontally from and perpendicular to the mean high water line . B . Land Uses and Development 1 . Existing land uses and development lawfully in existence on or before the date of implementing the rules and regulations for the Corridor may continue , be maintained and be replaced unless other - wise specified in this Management Plan . Any such existing uses should not be altered or expanded unless municipal building permits have been granted , but in no case should such permits be granted so as to allow noncompliance with the standards for which , the Land and Water Use Zones were designated as noted in Section IV . 2 . Density of development should be in accordance with provisions of the Land and Water Use Zones as noted in Section IV . 3 3 . Construction of buildings should be in accordance with Land and Water Use Zones as noted in. Section IV , NYS and County Health Department regulations and State Building Codes . 4 . No new structures such - as but . not limited to buildings or docks should be allowed to be located within themean high water line of Fall Creek . In all cases there should be compliance with local flood plain . regulations adopted - to, meet requirements . ' of . the National Flood Insurance program . C . Stream Structures 1 . Recognizing that stream alterations come under the purvue of the NYS Department of Environmental Conservation ( DEC ) under Environmental Conservation Law ( ECL) Article 15 , the Committee will request from DEC the review of any permit- applications - that are required under the pro - visions -of ECL Article 15 . The •Committee will also request review of DEC construction proposals . for fishery management purposes and any SCS stream alterations . D . Access and Motor Use 1 . It is the intent of this Section to limit through traffic within the Corridor . New public roads , extensions of existing public roads or private roads located within 200 feet ( 60 meters ) of Fall Creek must be located , designed and constructed so as to be screened from view from the river by topographic features .or vegetation during the season when vegetation is in leaf . If bridges and approaches of new roads must cross Fall Creek they should minimize detrimental effects on the Corridor . The Committee requests review of any proposal for new roads . E . Utilities 1 . Support structures , lines , cables , pipes and other associated equipment and accessories should be sited and constructed so as to minimize their visibility and guard against any accidents associated with public recreation uses in the Fall Creek Corridor . In no case should new electric power transmission and distribution lines be located .within 250 feet ( 75 meters ) of Fall Creek unless so located , . . designed and constructed as to . be screened from view from the river by topographic features except for Creek crossings . Such crossings should be perpendicular to the direction of flow of the Creek at that point . 2 . Utility structures should be wood frame or natural stone . 4 3 . Rights -of -way should not be clear- cut ; instead , contemporary p 1.ractices of selective clearing should be utilized . No herbicides should be used to clear vegetation from utility rights - of -way . F . Water Quality 1 . The existing water quality in Fall Creek shall comply with estab - lished NYS laws including , but not limited to , the Stream Protection Law ( ECL Article 15 ) , Water Pollution Control Law ( ECL Article 17 ) , Freshwater Wetlands Law ( ECL Article 27 ) , established - Federal laws including Federal Water Pollution Control Law and the Safe Drinking Water Law 93 - 523 , and the Tompkins . County Sanitary Code . 2 . The Committee will be responsible for checking and documenting water quality . G . Forest Management and Vegetative Cutting 1 . It is the intent of this guideline to maintain as much - natural cover as possible close to , the stream in a relatively undisturbed condition . To this end no live trees should be harvested , cut , culled , removed , thinned or otherwise disturbed within 200; feet ( 60 meters ) of Fall Creek except under the supervision of a State Forester under the Forest 'Practice Act Program . However , the cutting and removal of up to a maximum of 20 % of the total basal area of live timber per acre during any 10 year period may be allowed . The clearing of fallen trees which posea - threat of bank undercutting or erosion in Fall Creek or tributaries is encouraged . 2 . No trees should be felled into or across Fall Creek where avoidable , and logging debris which may enter the river should be removed . 3 . No new landings should be established within 200 feet ( 60 meters ) of Fall Creek . Provisions should be made after timber harvesting to stabilize soil on all landings , skid trails and logging roads in the river area . 4 . All timber harvesting operations will be subject to the require- ments of Article 15 ( Water Resources ) of the NYS Environmental Con - servation Law , dealing with disturbances , modifications and crossing of rivers and streams . Additionally , skidding of logs or trees across rivers shall not be allowed . 5 H . . Agricultural -Practices 1 . The continuation of agricultural activity , including the pastur- ing of livestock , is considered an appropriate use of lands within the corridor and is encouraged . 2 . Grazing animals on the . river banks will not be a contravention of the Management - Plan . I . Educational and Scientific Uses 1,. Educational and scientific uses of . lands . belonging to Cornell University are appropriate in the river corridor . IU . Land and Water Use Zones The river corridor will be divided into- four zones in which additional special controls should be exercised by the municipalities concerned . . These are designated as : Open Space Zone , Rural Zone , Urbanized and Hamlet Zone , and Soil Conservation Combining Zone . I 1P A . Open Space . Zone 1 . This zone . . includes the following areas which are located on the corridor map . a . Areas within 300 feet ( 90 meters ) of the centerline of Fall Creek . b . Wetlands , marshes , bogs and swamps whose areas are, within the corridor as defined by the NYS Wetlands Law . . C . Naturally filled river meanders or ox-bow lakes as mapped . d . Areas defined by the Tompkins County Environmental _ Management Council and designated by the appropriate municipality . gs Unique Natural Areas . e . Cornell Plantations Natural Areas . This open space zone requires . protective conservation measures in the form of legal restrictions which are considered necessary because of the areas ' sensitivity or unusual characteristics . In some cases these resources are nonrenewable or while renewable may take years to regenerate . 2 . No new structures or roads should be allowed in these areas except for fences , poles and those found necessary for the protection of life and property . 6 ® B . Rural .Zone 1 . The rural areas are those whose characteristics are not as sensitive as the open space zone , but permits development which is compatible with the need to maintain and preserve the pastoral milieu of the countryside . 2 . The lot area for a one or two-unit residential building should be at least 5 acres ( 2 hectares ) with at . least 500 feet ( 150 meters ) frontage , or a maximum of six residential buildings may be clustered with the provision that an equivalent number of five acre lots as open space is maintained . In any case , Tompkins County Health Depart - went regulations regarding minimum lot sizes for waste disposal systems must be maintained . 3 . Permitted Facilities a . One or two-unit residential buildings and accessory facilities . b . Open recreational structures . C . Agricultural structures . d . Roads and driveways . ® C . Urbanized and Hamlet Zone 1 . This zone is characterized by concentrations of residential development and may also include basic services such as semi -public and public places , commercial or industrial establishments and educa- tional or cultural facilities . It includes the following areas : a . Forest Home b . Hamlet of Varna presently served by public utilities C . Hamlet of Etna d . Village of Freeville e . Hamlet of Malloryville f . Hamlet of McLean g . Hamlet of Groton City 2 . The lot areas as limited by Town Zoning and Tompkins County Health Department regulations concerning adequate land requirements for waste disposal systems should be maintained . 3 . Permitted facilities should be those which are defined by existing municipal ordinances for those areas . 7 D . Soil Conservation Combining . Zone 1 . This zone overlaps part of the Rural or Urbanized and . Hamlet Zones in particular sections of the corridor . It is characterized by areas defined by the Soil Survey of . Tompkins County as those having soils susceptible - to severe erosion . Such soils include the following . Hudson and Rhinebeck soils , 6 % or greater slope Lordstown soils , 15 % or greater slope ; soils having 25 % or greater slope . 2 . Sites proposed for development should be tested for verification . If a site soil analysis agrees with the Soil Survey , the building permit application should be accompanied by a plan for soil erosion control . This plan should be approved by the District Conservationist . Such a plan should be executed during site development . 3 . Development in this combining zone should also comply with the appropriate regulations pertaining ' to the " Rural or . Urbanized and Hamlet Zones , V . Laws Relating to Fall Creek Protection A . Environmental Conservation Law Article 15 - Water Resources 15 -0103 — Legislative Findings The sovereign power ' to regulate and control the ' water resources of this state ever 'since its establishment has' been and now is vested exclusively in the State of New York , except to the extent of any delegation of power to the United States . 15 -0501 - Protection of Certain Streams No person or public corporation shall change , modify or disturb the course , channel or bed of any stream as defined as stream classifications AA - C ( T ) or remove any sand , gravel or other materials from the bed of such stream' or 'the banks thereof with - out a permit . A stream is any fresh surface watercourse including lakes and ponds often acres or less surface area at the mean low water level . No permit is required for emergency repairs necessary -to protect the health , safety and well-being of any person or to prevent damage to personal or real property provided that DEC is notified by registered mail within 48 flours after work commencement . 8 15-0503 - Protection of Streams : Dams . and . Docks No dam , dock , pier , wharf . or impoundment structure or bridge which impedes the flow of , water , including any artificial obstruction being temporary or permanent shall be . erected , reconstructed or repaired by an individual or public corporation without a permit . Excluded is impounded water of less than one square mile unless structure is 10 feet high above stream bed or water impounded exceeds one million gallons. Also .. excluded are farm ponds greater than 10 acres devoted to conservation purposes unless embankment is 15 feet high , capacity exceeds 1 . 5 million gallons , area drain - ing into pond exceeds 200 acres or artificial diversion is used . 15 -0511 - Inspection and Correction Commissioner may investigate possible illegal or unsafe excavation or filling and may serve an order to remove , replace or correct illegal . or unsafe conditions . 15 -0701 - Harmless Alterations in Watercourses . and Lakes ( private rights ) Any alteration in natural flow , quality or condition of a natural watercourse or lake or groundwater effected by any use on or off riparian land is reasonable and lawful unless such alteration would ® cause harm . . . Harm means interference with present use or enjoyment of a complain - ing party by alteration ; or decrease in the market value of the complaining patty ' s interest in riparian land . 15 -1103 - Petition for Water Resources Planning and Development Any municipality or group of municipalities may submit to DEC a proposal for a survey and . study of the water . resources for preparing a . comprehensive plan . 15 - 2701 - Wild , Scenic and Recreational Rivers System Article 17 - Water Pollution Control 17 -0103 - Statement of Purpose - It is the purpose of this article to . safeguard the waters of the state from pollution by preventing any new pollution and abating pollution existing when the predecessor of . this chapter was enacted under a program consistent with the declaration of policy stated in 17 -0101 . 9 I .. 17 - 3030 - General Powers and Duties DEC shall have administrative jurisdiction to abate and prevent the pollution of waters of . the . state . The Commissioner is authorized to issue or deny permits for the discharge of sewage , industrial waste. or other wastes , or for . the installation or operation of disposal systems or parts thereof . ( See also 17 -0505 , 17- 0507 , 17 -0509 , 17-05119 . 17 -0701 . ) 17 -0501 - General Prohibition Against Pollution It shall be unlawful for any person , directly or indirectly , to throw , drain , run or otherwise discharge into such waters organic or inorganic matter that shall cause or contribute to a condition in contravention of the standards adopted by the . department . 17 -0803 - State Pollutant Discharge Elimination System Permits It shall be unlawful to discharge pollutants to the ( surface or ground) waters of the state from any outlet or point source with- out . a SPDES permit . A . permit isnot required for a private dwelling of three families or ten . people discharging non-industrial wastes . of less than 1 , 000 gallons in a 24 hour period . 17 - 1505 - Filed and Approved Plans of Realty Subdivisions No subdivision ( a tract of land divided into five or more parcels ) or portion thereof shall be sold , offered for sale , leased , rented or built upon without the filing and approval of plans showing methods for obtaining and furnishing adequate and satisfactory sewerage facilities . 17 -1511 - Registration of Plans by Clerk Plans or maps of a subdivision of land with a population of less than one million will not be filed unless accompanied by a certificate of health department approval of sewerage systems . 17- 1513 - One Parcel Purchaser Any single .residential lot of a subdivision acquired prior to January 1971 may apply for approval of a sewage system ; Article 23 - Mineral Resources 23- 2711 - New York State Mined Land - Reclamation Law Permits It shall be unlawful after April 1 , 1975 for any operator who mines more . than 1 , 000 tons of minerals from the earth within 12 successive months to engage in such mining unless a permit for such mining operation has first been obtained from DEC . 10 ® Article 24 - Freshwater Wetlands Act 24 -0701 - Freshwater Wetland Permits No person shall directly or indirectly alter the state of any freshwater -wetland or adjacent, area without first obtaining a permit . 24 -0903 - Preservation Program Land Use regulations to permit compatible uses for Freshwater Wetlands will be adopted after the filing of the Freshwater Wetland Maps Article 36 - Participation in Flood Insurance Programs 36-0101 - Purposes Flood plain management is a matter of state concern and the establishment of improved flood plain management practices is important to the health , safety and welfare of all of the state . 36-0107 - DEC Responsibility - DEC will provide technical assistance to local municipalities in preparation of programs necessary to qualify for national ' flood insurance program . ® Article 51 - Implementation of Environmental Quality Bond Act of 1972 51- 0305 - Water Quality Improvement Project Contracts . DEC may enter into contracts With" municipalities to pay 50 % of non- federal share of project cost as determined to be in accordance with provisions of ' Federal Water Pollution Control Act Amendment of 1972 . 51 - 0701 - Allocations for Land Preservation and Improvement Projects Moneys received by State from sale of bonds may be available for forest preserve projects ; wetlands preservation and restoration , unique areas preservation , stream rights ` acquisition projects , public access to state land projects . 51- 1101 - Allocations for Park Lands , Preservation Projects Moneys received by State from sale of bonds shall be expended for open space preservation projects , waterway projects , , trailway . projects . ( See also : , expanded list of possible funding sources . ) 11 B . Education Law Section 227 - Colleges May Construct Water Works Any college shall have the right to prevent the flow or draining of noxious , impure or unwholesome matter from the lands of others into its reservoirs or sources of supplies . C . Real Property Law Article 1 - Short Title : Definitions (Notes on Decisions Relating to Riparian Rights ) The right of the owner of riparian land to the natural flow of water in a stream along the land is tangible part of the inherited property and is , an incident to and . is annexed to the land as part and parcel of it : It is not an easement but a legal and enjoyable right , which is properly classified at common law and under this section , equally with the land itself , as real property . Van Etten v . New York , 1919 , 226 N . Y . 483 , 124 NE 2019 The right to the use of the water of a flowing stream , navigable or unnavigable , arises by mere operation of law as incident to the ownership of the bank and is a part of . the owner ' s estate . United Paper. Board Co . v . Iroquois Pulp , etc . , Co . , 1919 , 226 N . Y . 38 , 123 N . E . 200 . The right of property in the water is` , a legal and ' enjoyable right . It is not an ownership in the fluid as such , but the right to its flow for the various lawful uses to which it may be subjected . Tracy Development Co . v . Becker , 1914 , 212 N . Y . 488 , 106 N . E . 330 . Notes of Decisions Relating to Space Above Land . The surface of the ground is a guide , but not the full measure , for within reasonable limitations land includes not only the surface but also the space above and the part beneath . Space above land is real estate the same as the land itself . The law regards the empty space as if it were a solid , inseparable from the soil , and protects it from hostile occupation accordingly . ' Butter v . Frontier Telephone Co . , 1906 , 186 N . Y , 486 , 79 N . E . 716 . D . Tompkins County Sanitary Code No person shall construct or . maintain any waste disposal systems or discharge contents into any storm sewer or drain , or so as to endanger any supply of drinking water , or so as to discharge into any water course or body of water unless a permit is obtained . No person shall construct a building or situate a mobile home requiring a waste disposal system without . a construction permit . 12 Not more than four lots shall . be developed on any tract without a permit . Water table , rock or hardpan must be at least 5 ' below lowest part of subsurface Leaching system . . Percolation rate must be greater than 45 min . per inch . Limited fill allowed (but not in areas with special flood hazards ) . E . Federal Water . Pollution Control Act Section 404 = Corps of Engineers Regulation Over Waters of United States A permit from the Corps of Engineers shall be required after July 1976 for all discharging of dredged materials and fill materials to all rivers , lakes over 5 acres , streams and their tributaries , and contiguous or adjacent wetlands . The Corps will heavily rely on general public to bring to attention of the District Engineer those minor bulkhead and fill activities which . should. be regulated . F . Safe Drinking Water Act - Public Law 93 - 523 G . National Flood Insurance Program Part 500 - Construction in Flood Plains Having Special Flood Hazards - Building Permits Flood insurance shall not be sold or reviewed under program within a community after 12 / 31 / 71 unless that community has adopted adequate land use control measures consistent with Federal criteria . Criteria when flood plain identified but without water surface elevation data : 1 . Laws and ordinances designed to reduce flood losses take precedence over conflicting laws . 2 . Building permits required for all construction or other improvements in flood plain areas having special flood hazards . 3 . Application must be reviewed for appropriate construction techniques and materials consistent with flood protection . Criteria when flood plain and water surface elevation for 100 year flood identified but not sufficient data to identify floodway : 1 . Same as above ( # 1 , 2 & 3 in second paragraph ) . 2 . New construction required to have lowest floor elevated to or above 100 year flood level . 3 . Floodproofing up to 100 year flood level . 13 4 . No use . allowed , including land fill , unless applicant � . shows that use will not increase 100 year flood more than one foot at any point . Criteria when riverine flood plain , water surface elevation data and floodway identified : 1 . Same as above 01 , 2 & 3 in second paragraph ) . 2 . One hundred year floodway must be designated to carry waters without increasing water surface elevation of 100 year flood level . Project in . floodway cannot increase 100 year flood elevation . 3 . Prohibit fill or encroachments within floodway when ability to carry 100 year flood is impaired . 4 . No mobile . home parks or . individual mobile homes within floodway . Goals of land use and control measures adopted by a community should be to encourage only that development of flood-prone areas which is appropriate in light of flood damage probability , is an acceptable social and economic use of land in relation to hazards involved and does not increase damage to human life . 14 •r ` J 1'-- b (�-oma-- 9 / 9 / 77 FIVE YEAR PLAN FOR PRIOR TIES , PROGRAMMING AND COSTS, Year Location Phase Cost Constr . Method Funding Sourc ( 190 East Ithaca Bikeway Completion $ 3800 Force Account Local $ 3800 1978 Northview Rd . West Completion $ 2000 Force Account Local $ 2000 Acquisition 1978 Tareyton Road or Sand Area Northeast Tennis Courts $ 21500 Force Account Local $ 21500 Contract Local $ 3001 1979 DeWitt Junior High Completion $ 150000 Force Account School 300 ( BOR 7501 Municips . 150 ( 1979 Eastern Heights or Softball $ 28000 Contract Local $ 14000 East Ithaca Play Area Force Account BOR 14000 1979 Coy Glen or Local $ 42500 Inlet Valley Acquisition $ 85000 N/A BOR 42500 Donations 1980 Eastern Heights or Tennis Courts $ 30000 Contract Local $ 15000 East Ithaca BOR 15000 1980 Tareyton Road Basketball $ 7300 Force Account Local $ 7300 Local $ 25000 1980 Forest Home Site Acquisition $ 50000 N/A BOR 25000 Donations Subdivisions Local $ 12500 1981 South Hill Park Acquisition $ 25000 N/A BOR 12500 Donations Subdivisions 1981 Eastern Heights or Paths $ 33000 Force Account Local $ 16500 East Ithaca Play Area Contract BOR 16500 Local $ 21250 1981 Lick Brook Acquisition $ 42500 N/A BOR 21250 Donations Local $ 15000 1982 West Hill Park Acquisition $ 30000 N/A BOR 15000 Donations Subdivisions 1982 Eastern Heights or Basketball $ 35000 Contract Local " $ 17500 East Ithaca BOR 17500 19 Tareyton Road Pavilion $ 12000 Force Account Local $ 12000 9/ 9/ 77 SECOND FIVE YEAR PLAN FOR PRIORITIES , PROGRAMMING , AND COSTS year Location Phase Cost Constr . Method Funding Sour 1983 Forest Home Ballfields , $ 100000 Force Account Local $ 50000 Development Etc . Contract BOR 50000 1983 Eastern Heights or Lawn Games $ 41000 Force Account Local $ 20500 East Ithaca Nature Walk Contract BOR 20500 1984 South Hill Stage I $ 50000 Force Account Local $ 50000 1984 Eastern Heights or Soccer $ 66000 Force Account Local $ 33000 - East Ithaca Football Contract BOR 33000 1985 Coy Glen or Ballfields $ 100000 Force Account Local $ 50000 Inlet Valley Picnic Contract BOR 50000 L985 Eastern Heights or Soccer $ 66000 Force Account Local $ 33000 East Ithaca Football Contract BOR 33000 L986 South Hill Stage II $ 50000 . Force Account Local $ 25000 Contract BOR 25000 L986 . Eastern Heights or Soccer $ 66000 Force Account Local $ 33000 : East Ithaca Football Contract BOR 33000 L987 West Hill , Stage I $ 75000 Force Account Local $ 37500 Contract BOR_— 37500 L987 - - Eastern Heights or Play Area $ 59000 - Force Account Local - $ 29500 East Ithaca Contract - BOR 29500 - _ s �i ' ALL LOCAL FUNDING Accrued Income Balance Expenses To Balance Park . Fund Budget 1977 $ 130 , 000 1978 $ 136 , 500 $ 109 , 200 - $ 27 , 300 0 1979 $ 114 , 660 . 0 - $ 188 , 000 $ 73 , 340 1980 0 0 $ 87 , 300 $ 87 , 300 1981 0 0 = $ 105 , 500 $ 1051500 1982 . 0 0 - S77 , 000 $ 77 , 000 1983 0 0 - $ 141 , 000 $ 141 , 000 1984 0 0 - $ 116 , 000 $ 116 , 000 1985 0 0 - $ 166 , 000 $ 166 , 000 1986 0 0 - $ 116 , 000 $ 116 , 000 1987 0 0 - $ 1341000 $ 134 , 000 $ 1 , 016 , 140 Avg . Budget of $ 100 , 000 per year 1978 $ 1008000 $ 100 , 000 1979 $ 205 , 000 $ 131 , 660 - $ 73 , 340 1980 $ 238 , 243 $ 150 , 943 - $ 87 , 300 1981 $ 258 , 490 $ 152 , 990 - $ 105 , 500 1982 $ 260 , 639 $ 183 , 639 - $ 77 , 000 1983 $ 292 , 821 $ 151 , 821 - $ 141 , 000 1984 $ 259 , 412 $ 143 , 412 - $ 116 , 000 1985 $ 250 , 583 $ 84 , 583 - $ 166 , 000 1986 $ 188 , 812 $ 72 , 000 - $ 116 , 000 1987 $ 176 , 453 $ 42 , 453 - $ 134 , 000 LOCAL AND BOR FUNDING Accrued Income Balance Expenses To Balance Park Fund Budget 1977 . $ 130 , 000 1978 $ 136 , 500 $ 109 , 200 - $ 27 , 300 0 • , IF , - 1979 $ 114 , 660 $ 28 , 160 - $ 86 , 500 0 1980 $ 29 , 568 0 - $ 47 , 300 $ 17 , 732 1981 0 0 - $ 50 , 250 $ 50 , 250 1982 0 0 - $ 59 , 500 $ 59 , 500 1983 0 0 - $ 70 , 500 $ 70 , 500 1984 0 0 - $ 83 , 000 $ 83 , 000 1985 0 0 - $ 83 , 000 $ 83 , 000 1986 0 0 110,0 $ 58 , 000 $ 581000 1987 0 0 ,, $ 67 , 000 $ 67 , 000 $ 488 , 982 ® Avg . Budget of $ 50000 per year 1978 $ 50 , 000 $ 50 , 000 1979 $ 102 , 500 $ 102 , 500 1980 $ 157 , 625 $ 139 , 893 - $ 17732 1981 $ 196 , 887 $ 146 , 637 - $ 50 , 250 1982 $ 203 , 969 $ 144 , 469 - $ 59 , 500 1983 $ 201 , 693 $ 131 , 193 - $ 70 , 500r 1984 $ 187 , 752 $ 104 , 752 - $ 83 , 000 a 1985 $ 159 , 990 $ 76 , 990 - $ 83 , 000 1986 $ 130 , 920 $ 72 , 920 - $ 58 , 000 1987 $ 126 , 566 $ 59 , 566 - $ 67 , 000 n cn r Eh ti H 0 tri t7 z m 'b I r l tD N- O O A+ O W fD O W OH K k w :cK m O O to n rt, 7r rt rD cD r* w rt rt 4 O m rt a tx! b O x t7D rt c* N K r* G H 0 F-A fD W h+- K x O m rt H O r* to H O 4 m a' rt A . J-'- 1A O F r O x G . E - m W • rt K 1� w m O n O 1 w V (D O w ►�- �i Ar fi0 n to OA Q- n a m X 7Kc' HPA m W ' (D En rr K [z1 . of : W - rosu La rt su rD r* r* o ~ a o r y rn n �o r � PEA *d � cn 1n �0 70 N N O O C4 r H N wcoo n t•r x N O C r r y� 0 cn A coo N (7 to Ln co W • C t f✓ p► r co ' A En r - � N rr co rdl (7 N C1 m rT N n n � co v f