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Home My WebLink About2004 Supplements GENERAL CODE PUBLISHERS CORP. INSTRUCTIONS Town of Ithaca Code Supplement No.1 The enclosed new and/or replacement pages should be placed in your Code volume immedi- ately! The dateline, on the bottom of the page, does not indicate the adoption date of the Code changes,but rather identifies the pages printed with this supplement.This instruction page should be placed in the front of your Code volume. REMOVE INSERT Certification Page(following Serial No.Page) Table of Contents, Table of Contents, v—viii v—viii 1:1 1:1— 1:5 125:1 - 125:6 125:1 - 125:6 125:9— 125:10 125:9— 125:10 153:1 — 153:15 153:1 —153:10 221:3—221:14 221:3—221:14 234:21 —234:22 234:21 —234:22 250:7—250:9 250:7—250:9 250:A1 —250:A6 250 Attachment 1:1 — 1:6 250:A7 250 Attachment 2:1 254:1 —254:3 DL:1 DL:1 Index Pages 1 —21 Index Pages 1 —21 Legislation,by number or date of adoption, included in this supplement: L.L. Nos. 5-2004; 6- 2004;7-2004;3-8-2004;4-12-2004. 1•-15-2004 CERTIFICATION TOWN OF ITHACA Office of the Town Clerk I,TEE-ANN HUNTER,Town Clerk of the Town of Ithaca,New York,hereby certify that the chapters contained in this volume are based upon the original legislation of a general and permanent nature of the Town Board of the Town of Ithaca, and that said legislation, as revised and codified,renumbered as to sections and rearranged into chapters,constitute the Code of the Town of Ithaca,County of Tompkins, State of New York,as adopted by local law of the Town Board on July 12,2004. Given under my hand and the Seal of the Town of Ithaca, County of Tompkins, State of New York,this day of , at the municipal offices of the Town of Ithaca. s/TEE-ANN HUNTER Town Clerk 10-15-2004 TABLE OF CONTENTS Tools for Finding Information—In addition to the municipality's legislation,this publi- cation contains tools to help locate information: table of contents, index, chapter outlines (schemes),and a disposition list. Chapters—Chapters are generally discrete pieces of legislation,but can also be made up of several individual pieces on a related topic. In that case, the individual pieces are ar- ranged into articles or parts within the chapter. The article or part titles can be found in the chapter scheme or by subject in the index. If you are familiar with a former number or title,look for it chronologically in the disposition list. Reserved Chapters—In the numbering of chapters, space has been provided for the convenient insertion, alphabetically, of later enactments. Help in selecting an appropriate number for a new chapter is available from the editor. See also the "Instructions for Amending the Code"in the Preface. Section Numbering—A chapter-related section-numbering system is employed. Each section of every item of legislation is assigned a number, which indicates both the num- ber of the chapter in which the item of legislation is located and the location of the sec- tion within that chapter. Thus,the fourth section of Chapter 6 is §64. Scheme—The scheme is the list of section titles that precedes the text of each chapter. These titles are carefully written so that, taken together, they may be considered as a summary of the content of the chapter. Taken separately, each describes the content of a particular section. For ease and precision of reference, the scheme titles are repeated as section headings in the text. Page Numbers—A unique page-numbering system has been used in which each chapter forms an autonomous unit. The first page of each chapter is the number of that chapter followed by a colon and the numeral"1."Thus, Chapter 6 begins on page 6:1. By the use of this system, it is possible to add or to change pages in any chapter, or add new chap- ters,without affecting the sequence of subsequent pages. v 10-15-2004 ITHACA CODE PART I: ADMINISTRATIVE LEGISLATION General Provisions....................................................................... 1:1 Article I-Adoption of Code Appearance Tickets......................................................................9:1 Banking Transactions................................................................. 14:1 Compensation............................................................................ 20:1 Article I-Planning Board and Zoning Board of Appeals Conservation Board................................................................... 23:1 Defense and Indemnification.....................................................28:1 Ethics,Code of........................................................................... 32:1 Health Insurance.............:..........................................................41:1 Ordinances,Publication of......................................................... 54:1 Records Management................................................................. 65:1 Relocation Expenses.................................................................. 69:1 Residency Requirements............................................................ 73:1 Terms of Office.......................................................................... 84:1 Article I,Supervisor TownBoard............................................................................... 89:1 PART II: GENERAL LEGISLATION AdultUses................................................................................ 100:1 Agricultural Assessments......................................................... 104:1 Animals.................................................................................... 112:1 Article I—Dog Control and Licensing Bingo........................................................................................ 121:1 Building Construction and Fire Prevention............................. 125:1 Buildings,Unsafe..................................................................... 129:1 A 10-15-2004 TABLE OF CONTENTS Environmental Quality Review................................................ 148:1 Fees.......................................................................................... 153:1 Flood Damage Prevention........................................................ 157:1 Freshwater Wetlands................................................................ 161:1 Gamesof Chance..................................................................... 166:1 LockBoxes.............................................................................. 175:1 Noise........................................................................................ 184:1 Notification of Defects............................................................. 188:1 Numbering of Buildings.......................................................... 192:1 Parks and Recreation Areas.....................................................200:1 Property Maintenance..............................................................205:1 SewerRents.............................................................................210:1 Sewer Use: Use of Public Sewers............................................214:1 Sewer Use: Rules,Regulations&Penalties of Board of Public Works,City of Ithaca,NY,Re: Water Supply, Sewage Disposal&Air Conditioning..................................215:1 Sewer Use: Requirements for Contributors Into Joint POTW...................................................................................216:1 Sewer Use: Administration and Amendments.........................217:1 Signs.........................................................................................221:1 Sprinkler Systems....................................................................225:1 Streets and Sidewalks..............................................................230:1 Article I—Excavations in Town Streets and Highways Article 11—Construction and Repair of Sidewalks Subdivision of Land.................................................................234:1 vii 10-15-2004 ITHACA CODE Taxation...................................................................................239:1 Article I—Senior Citizens Exemption Article II—Alternative Veterans Exemption Article III—Business Investment Exemption Article IV—Exemption for Certain Disabled Persons With Limited Income Taxicabs...................................................................................243:1 Vehicles and Traffic............................................................. 250.1 Article I—East Hills Shopping Plaza Article II—Vehicle Weight Limits Article III—Parldng;Stop and Yield Intersections Watercraft................................................................................254:1 Water Protection......................................................................256:1 Part 1—Cross-Connection Control Part 2—Supplementary Cross-Connection Control WaterRates..............................................................................261:1 Zoning......................................................................................270:1 Zoning: Special Land Use Districts.........................................271:1 APPENDIX DISPOSITION LIST INDEX Viii 10-15-2004 Chapter 1 GENERAL PROVISIONS ARTICLE I § 1-7. Amendments to Code. Adoption of Code § 1-8. Code book to be kept up-to-date. § 1-1. Adoption of Code. § 1-9. Sale of Code book; supplementation. § 1-2. Continuation of existing § 1-10.Penalties for tampering with provisions. Code. § 1-3. Repeal of enactments not included § 1-11.Changes in previously adopted in Code. legislation; new provisions. § 14. Enactments saved from repeal; matters not affected. § 1-12.Incorporation of provisions into Code. § 1-5. Severability. § 1-13.When effective. § 1-6. Copy of Code on file. ARTICLE I Adoption of Code [Adopted 7-12-2004 by L.L.No. 7-2004] §1-1. Adoption of Code. The local laws, ordinances and certain resolutions of the Town of Ithaca, as codified by General Code Publishers Corp., and consisting of Chapters 1 through 270, together with an Appendix, copies of which have been available for public inspection and copies of which have been timely provided to each member of the Town Board of the Town of Ithaca, are hereby adopted as, and shall be known collectively as, the "Code of the Town of Ithaca," hereafter termed the "Code." Wherever reference is made in any of the local laws, ordinances and resolutions contained in the Code to any other local law, ordinance or resolution appearing in said Code, such reference shall be changed to the appropriate chapter title, chapter number, article number or section number appearing in the Code as if such local law, ordinance or resolution had been formally amended to so read. §1-2. Continuation of existing provisions. The provisions of the Code, insofar as they are substantively the same as those of local laws, ordinances and resolutions in force immediately prior to the enactment of the Code by this local law, are intended as a continuation of such local laws, ordinances and resolutions and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior local law, ordinance or resolution. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Town Board of the Town of Ithaca, and it is the intention of said Board that each such provision contained within the Code is hereby reaffirmed as it appears in said Code. Only such 1:1 10-15-2004 § 1-2 ITHACA CODE § 1-4 provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of§ 1-3 below. § 1-3. Repeal of enactments not included in Code. All local laws and ordinances of a general and permanent nature of the Town of Ithaca in force on the date of the adoption of this local law and not contained in such Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this local law. § 14. Enactments saved from repeal; matters not affected. The repeal of local laws and ordinances provided for in § 1-3 of this local law shall not affect the following classes of local laws, ordinances, rights and obligations, which are hereby expressly saved from repeal: A. Any right or liability established, accrued or incurred under any legislative provision of the Town of Ithaca prior to the effective date of this local law or any action or proceeding brought for the enforcement of such right or liability. B. Any offense or act committed or done before the effective date of this local law in violation of any legislative provision of the Town of Ithaca or any penalty, punishment or forfeiture which may result therefrom. C. Any prosecution, indictment, action, suit or other proceeding pending or any judgment rendered prior to the effective date of this local law brought pursuant to any legislative provision of the Town of Ithaca. D. Any agreement entered into or any franchise, license, right, easement or privilege heretofore granted or conferred by the Town of Ithaca. E. Any local law or ordinance of the Town of Ithaca providing for the laying out, opening, altering, widening, relocating, straightening, establishing grade, changing name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway,park or other public place within the Town of Ithaca or any portion thereof. F. Any local law or ordinance of the Town of Ithaca appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond of the Town of Ithaca or other instruments or evidence of the town's indebtedness. G. Local laws or ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract,agreement or obligation. H. The levy or imposition of special assessments or charges. I. The annexation or dedication of property. J. Any local law or ordinance relating to salaries and compensation. 1:2 10-15-2004 § 14 GENERAL PROVISIONS § 1-7 K. Any local law or ordinance amending the Zoning Map. L. Any local law or ordinance relating to or establishing a pension plan or pension fund for town employees. M. Any local law or ordinance or portion of a local law or ordinance establishing a specific fee amount for any license,permit or service obtained from the town. N. Any local law adopted subsequent to February 10, 2004. O. Any matter not contained in a local law or ordinance the substance of which is not included in the Code, which matter may have been adopted by resolution of the Town Board or other governing board. Such matters include, among others, the Town's personnel manual, highway specifications, procurement policies, and budgets. § 1-5. Severability. If any clause, sentence, paragraph, section, article, chapter or part of this local law or of any local law, ordinance or resolution included in this Code now or through supplementation shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, article, chapter or part thereof directly involved in the controversy in which such judgment shall have been rendered. § 1-6. Copy of Code on file. A copy of the Code, in loose-leaf form, has been filed in the office of the Town Clerk of the Town of Ithaca and shall remain there for use and examination by the public until final action is taken on this local law; and, if this local law shall be adopted, such copy shall be certified by the Town Clerk of the Town of Ithaca by impressing thereon the Seal of the Town, and such certified copy shall remain on file in the office of said Town Clerk to be made available to persons desiring to examine the same during all times while said Code is in effect. The enactment and publication of an abstract of this local law, coupled with the availability of a copy of the Code for inspection by the public, shall be deemed,held and considered to be due and legal publication of all provisions of the Code for all purposes. § 1-7. Amendments to Code. Any and all additions, deletions, amendments or supplements to any of the local laws, ordinances and resolutions known collectively as the "Code of the Town of Ithaca" or any new local laws, ordinances or resolutions, when enacted or adopted in such form as to indicate the intention of the Town Board to be a part thereof, shall be deemed to be incorporated into such Code so that reference to the Code shall be understood and intended to include such additions, deletions, amendments or supplements. Whenever such additions, deletions, amendments or supplements to the Code shall be enacted or adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book containing said Code as amendments and supplements thereto. Nothing contained in this local law shall affect the status of any local law, ordinance or resolution contained herein, and such local 1:3 10-15-2004 § 1-7 ITHACA CODE § 1-11 laws, ordinances or resolutions may be amended, deleted or changed from time to time as the Town Board deems desirable. § 1-8. Code book to be kept up-to-date. It shall be the duty of the Town Clerk to keep up-to-date the certified copy of the book containing the Code of the Town of Ithaca required to be filed in the office of the Town Clerk for use by the public. All changes in said Code and all local laws, ordinances and resolutions adopted by the Town Board subsequent to the enactment of this local law in such form as to indicate the intention of said Board to be a part of said Code shall, when finally enacted or adopted, be included therein by temporary attachment of copies of such changes, local laws, ordinances or resolutions until such changes, local laws, ordinances or resolutions are printed as supplements to said Code book, at which time such supplements shall be inserted therein. § 1-9. Sale of Code book; supplementation. Copies of the Code, or any chapter or portion of it, may be purchased from the Town Clerk, or an authorized agent of the Clerk,upon the payment of a fee to be set by the Town Board in accordance with applicable law. The Clerk.may also arrange for procedures for the periodic supplementation of the Code. § 1-10. Penalties for tampering with Code. Any person who, without authorization from the Town Clerk, changes or amends, by additions or deletions, any part or portion of the Code of the Town of Ithaca or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Town of Ithaca to be misrepresented thereby or who violates any other provision of this local law shall be guilty of an offense and shall,upon conviction thereof,be subject to a fine of not more than$250 or imprisonment for a term of not more than 15 days, or both. §1-11. Changes in previously adopted legislation; new provisions. A. In compiling and preparing the local laws, ordinances and resolutions for publication as the Code of the Town of Ithaca, no changes in the meaning or intent of such local laws, ordinances and resolutions have been made, except as provided for in Subsection B hereof. In addition, certain grammatical changes and other minor nonsubstantive changes were made in one or more of said pieces of legislation. It is the intention of the Town Board that all such changes be adopted as .part of the Code as if the local laws, ordinances and resolutions had been previously formally amended to read as such. B. In addition, the amendments and/or additions as set forth in Schedule A attached hereto and made a part hereof are made herewith,to become effective upon the effective date of 1:4 10-15-2004 § 1-11 GENERAL PROVISIONS § 1-13 this local law. (Chapter and section number references are to the local laws, ordinances and resolutions as they have been renumbered and appear in the Code.)' C. Nomenclature. In Chapter 205, Property Maintenance, and Chapter 270, Zoning, of the new Code, references to 'Board of Zoning Appeals" or to 'Board of Appeals" are revised to read "Zoning Board of Appeals." §1-12. Incorporation of provisions into Code. The provisions of this local law are hereby made Article I of Chapter 1 of the Code of the Town of Ithaca, such local law to be entitled "General Provisions, Article 1, Adoption of Code," and the sections of this local law shall be numbered §§ 1-1 to 1-13, inclusive. §1-13. When effective. This local law shall take effect immediately upon filing with the Secretary of State of the State of New York. 1. Editor's Note:In accordance with§1-1111,the chapters,parts and sections which were added,amended,adopted or deleted by this local law are indicated throughout the Code by a footnote referring to Ch.1,General Provisions,Art. I.During routine supplementation,footnotes Indicating amendments,additions or deletions will be replaced with the following history:"Amended(added,deleted)7-12-2004 by L.L.No.7-2004."Schedule A,which contains a complete description of all changes,is on file in the Town offices. 1:5 10-15-2004 Chapter 125 BUILDING CONSTRUCTION AND FIRE PREVENTION § 125-1. Scope. § 125-9. Violations. § 125-2. Administration. § 125-10.Penalties for offenses. § 125-3. Rules and regulations. § 125-11.Records. § 125-4. Building permits. § 125-12.Removal of dangerous buildings § 125-5. Construction inspections. or structures. § 125-6. Certificates of occupancy. § 125-13.Variance and review. § 125-7. Use and operating permits. § 125-14.Miscellaneous provisions. § 125-.8. Firesafety inspections. § 125-15.Modification of provisions. [HISTORY: Adopted by the Town Board of the Town of Ithaca 12-7-1981 by L.L. No. 1-1981.Amendments noted where applicable.] GENERAL.REFERENCES Unsafe buildings—See Ch.129. Signs—See Ch.221. Fees—See Ch.153. Construction of sidewalks—See Ch.230,Art.H. Flood damage prevention—See Ch.157. Subdivision of land—See Ch.234. Property maintenance—See Ch.205. Zoning—See Ch.270. § 125-1. Scope. [Amended 10-5-1987 by L.L.No. 14-19871 This chapter shall provide the basic method for administration and enforcement of the New York State Uniform Fire Prevention and Building Code (hereinafter referred to as the "Building Code") in the Town of Ithaca, and shall establish powers, duties, and responsibilities in connection therewith. §125-2. Administration. [Amended 10-5-1987 by L.L. No. 14-1987; 7-9-1990 by L.L. No. 8-1990] The Building Inspector and Zoning Enforcement Officer (hereinafter 'Building Inspector") is hereby designated to administer and enforce the Building Code within the Town of Ithaca. In the event the Building Inspector is not available, the Assistant Building Inspector and Zoning Enforcement Officer, the Town Supervisor of the Town of Ithaca or the Deputy Town Supervisor is authorized to administer and enforce the Building Code and to issue permits, certificates, and other notifications thereunder. § 125-3. Rules and regulations. A. The Town Board may adopt rules and regulations for the administration and enforcement of the Building Code. Such rules and regulations shall not conflict with the Building 125:1 10-15-2004 § 125-3 ITHACA CODE § 1254 Code, this chapter, or any other provision of law. [Amended 10-5-1987 by L.L. No. 14-1987] B. The Town Board shall publish all rules and regulations at least 30 days prior to the effective date thereof in a newspaper of general circulation within the Town of Ithaca. § 1254. Building permits. [Added 10-5-1987 by L.L.No. 14-19871 A. No person, firm, corporation, association or other organization shall commence the erection, construction, enlargement, alteration, improvement, repair, removal, or demolition of any building or structure, nor install heating equipment, without having applied for and obtained a building permit from the Building Inspector. No permit shall be required under those circumstances set forth in Chapter 270, of the Code of the Town of Ithaca (hereinafter referred to as the "Zoning Ordinance") under which no permit is required. B. Applications for building permits may be obtained from the Building Inspector. (1) A completed application must be delivered to the Building Inspector and must include: (a) The signature of the applicant or authorized agent; (b) A description of the site on which the proposed work is to be done; (c) A statement of the use or occupancy of all parts of the land and of the proposed building or structure; (d) A brief description of the proposed work; (e) The estimated cost of the proposed work with appropriate substantiation as may be required by the Building Inspector; (f) The full name and address of the owner and applicant and, if either be a corporation,the names and addresses of responsible officers; (g) A set of plans and specifications for the proposed work; (h) A site plan showing the location of the proposed work on the site and showing the property lines of the site; (i) The building permit fee as specified in any applicable Town of Ithaca local law, ordinance, rule or resolution. [Amended 12-3-1994 by L.L. No. 10-1994; 5-10-2004 by L.L.No. 5-2004] (j) A statement that the work shall be performed in compliance with Chapter 270, Zoning, the Building Code, and other applicable state and local laws, ordinances,and regulations; (k) Such other materials, information, or items as may be reasonably required by the Building Inspector in order to determine whether the proposed work will 125:2 10-15-2004 § 125-4 BUILDING CONSTRUCTION AND FIRE PREVENTION § 1254 be in compliance with all applicable laws, rules, regulations, including Chapter 270, Zoning, the Building Code, and this chapter. (2) The Building Inspector may waive the requirement of plans and specifications and may waive such of the other requirements in those circumstances where the work to be done involves minor alterations or where such required information is not otherwise necessary. C. At the option of the Building Inspector the Building Inspector may require that the plans and specifications be accompanied by a certification from a registered architect or licensed professional engineer of this state that such plans and specifications comply with the applicable provisions of the Building Code and all local ordinances and requirements. D. The applicant shall notify the Building Inspector of any changes in the information contained in the application during the period for which the permit is in effect. A permit will be issued when the application has been determined to be complete and when the proposed work is determined to conform to the requirements of the Building Code, Chapter 270, Zoning, and any other applicable laws, rules or regulations. The authority conferred by such permit may be limited by conditions, if any, contained therein. E. All work performed pursuant to such permit shall be in accordance with.the information and representations made in the application for a permit and there shall be no deviations therefrom without the prior approval of the Building Inspector. Such approval may be withheld until sufficient information is provided to the Building Inspector in form and substance reasonably satisfactory to the Building Inspector to demonstrate that the proposed deviation is in compliance with the Building Code, Chapter 270, Zoning, this chapter,and all other applicable laws,rules and regulations. F. A building permit, when issued, shall be prominently displayed on the property or premises to which it pertains. G. A building permit, once issued,may be suspended or revoked if the Building Inspector or other appropriate officer determines that the work to which it pertains is not proceeding in conformance with the application, with the Building Code, with Chapter 270, Zoning, with any other law, rule, regulation or ordinance, or with any condition attached to such permit, or if there has been a misrepresentation or falsification of a material fact in connection with the application for the permit. H. A building permit shall expire one year from the date of issuance or upon the issuance of a certificate of occupancy (other than a temporary certificate of occupancy), whichever occurs first. The permit may, upon written request, be renewed for successive one-year periods provided that 1) the permit has not been revoked or suspended at the time the application for renewal is made; 2) the relevant information in the application is up-to-date; a renewal fee is paid as specified in any applicable Town of Ithaca local law, ordinance, rule or resolution. At the option of the Building Inspector, where the work disclosed by the application may reasonably be expected to take longer than one year,the Building Inspector may issue an initial building permit for a term of greater than one year, but in no event greater than three years, the term to be the length of time it would be reasonably anticipated to complete the work set forth in the application. [Amended 12-3-1994 by L.L.No. 10-1994; 5-10-2004 by L.L. No. 5-2004] 125:3 10-15-2004 § 125-4 ITHACA CODE § 125-4 I. Permits to construct a foundation, only in circumstances where it is contemplated that a building will be constructed on the foundation, may be issued in the discretion of the Building Inspector under the following circumstances and subject to the following limitations: [Added 4-9-1990 by L.L. No. 6-1990] (1) The circumstances under which foundation permits may be issued are as follows: (a) There has been supplied to the Building Inspector plans which, in the Building Inspector's judgment, are adequate for him to evaluate and review the proposed construction of the foundation. (b) The applicant provides information satisfactory to the Building Inspector, such as an engineer's or architect's certification, that the foundation will be adequate to carry the load of the proposed permanent structure. (c) The need for the foundation permit is established to the satisfaction of the Building Inspector (e.g., onset of adverse weather conditions, immediate availability of masons, proposed construction to be on a fast-track basis, or other reasonable basis for early issuance of a permit for only part of the building). (2) Issuance of a foundation permit is wholly discretionary with the Building Inspector and the applicant shall have no right to the issuance of same. (3) In addition to the conditions on such permits imposed by this chapter, the Building Inspector may impose such conditions on the issuance of such permits as the Building Inspector may reasonably require to protect the health, safety and welfare of the public including the persons that may be in or around the proposed foundation. Such conditions may also include the requirement that the applicant post security in the form of a bond, cash, or letter of credit with the Town to assure that the foundation will be removed if a building permit for the entire building is not issued within a stated period of time, such security to be available to the Town to enable the Town to restore the premises to their condition prior to the construction of the foundation for which the permit was issued. (4) The issuance of any foundation permit by the Building Inspector may be revoked by the Town Board if, in its discretion,the Town Board determines the issuance of the foundation permit was inappropriate. (5) Issuance of a foundation permit does not relieve the applicant from fulfilling any and all requirements for the issuance of a full building permit for the proposed construction. (6) Issuance of a foundation permit shall not be construed to be a determination that a building permit will be automatically issued for the balance of the structure. (7) Foundation permits may be revoked at any time by the Building Inspector if the Building Inspector in his discretion: (a) Determines that the foundation will not be adequate to support the balance of the structure; 125:4 10-15-2004 § 1254 BUILDING CONSTRUCTION AND FIRE PREVENTION § 125-5 (b) Determines the applicant is not taking proper precautions to prevent endangering life, health, property, or the public welfare in the course of constructing the foundation; (c) Determines, in his judgment, that the applicant is not proceeding diligently and properly to provide complete and adequate plans for the issuance of a full building permit. (d) Becomes aware of information not previously submitted or available that makes issuance of a foundation permit inappropriate or inadvisable. (e) Determines the existence of any other circumstance which reasonably requires the revocation of the permit. (8) If a building permit for the remainder of the building has not been issued within six months of the date of the foundation permit, the foundation permit automatically expires. However, the Building Inspector may renew the permit for one or more successive periods of not more than six months per application upon payment of a fee calculated as if each application were an application for the original issuance of such a permit. (9) Upon the revocation or the expiration of a foundation permit without a renewed foundation permit or a building permit for the balance of the building having been issued, the foundation constructed pursuant to the foundation permit must be removed and the ground restored by the owner to substantially the condition it was prior to the commencement of any excavation and construction. (10) The fee for the issuance of a foundation permit shall be as specified in any applicable Town of Ithaca local law, ordinance, rule or resolution. [Amended 12-3-1994 by L.L.No. 10-1994; 5-10-2004 by L.L.No. 5-20041 §125-5. Construction inspections. [Added 10-5-1987 by L.L.No. 14-19871 A. Work for which a building permit has been issued shall be inspected for approval by the Building Inspector prior to enclosing or covering any portion thereof and upon completion of each stage of construction, including but not limited to building location, site preparation, excavation, foundation, framing, superstructure, electrical, plumbing, heating, air-conditioning, fire protection and detection systems and exit features. It shall be the responsibility of the owner, applicant, or his agent, to inform the appropriate inspector that the work is ready for inspection and to schedule such inspection. To facilitate such inspection and to insure compliance with appropriate Zoning and Building Code requirements, the Building Inspector may require submission at the appropriate stage of documentation to substantiate such compliance including, without limitation, the following.items: (1) As-built survey maps by a licensed surveyor showing the location of the foundation relative to property boundary lines and dimensions of the structure; (2) Appropriate certifications from an engineer relative to water, sewage, structural integrity, and such other items as the Building Inspector may deem reasonably 125:5 10-15-2004 § 125-5 ITHACA CODE § 125-6 appropriate certifying that the stated items are in accordance with all applicable laws, rules and regulations; (3) Certificates from appropriate electrical inspection agencies such as New York Board of Fire Underwriters certifying that the electrical work is in compliance with all applicable laws, codes,rules and regulations. B. The Building Inspector or his designee shall have the power to order, in writing, the remedying of any condition found to exist in,'on, or about any building, structure or premises in violation of the Building Code, Chapter 270, Zoning, or any other applicable law, rule or regulation, and shall have the authority to state the time period within which such condition must be remedied. Such orders may be served upon the owner or his authorized agent personally or by registered mail sent to the address set forth in the application for any permit submitted to the Town of Ithaca or to the owner's or agent's last known address. If such condition is not remedied within the time set forth, among any other remedies that may be available to the Town of Ithaca, the Building Inspector or his designee may revoke the building permit for such construction and no further construction shall occur until a new permit has been issued. C. The Building Inspector or his designee shall have the right of entry, at all reasonable hours, to any building, structure, or site where work or activity is contemplated or being done under the provisions of this chapter, or to any building or site alleged to be unsafe to life or health, upon the exhibition of proper evidence of their position at the Town. Interference with such authorized entry in an official capacity shall be punishable as a violation of this chapter. §125-6. Certificates of occupancy. [Added 10-5-1987 by L.L.No. 141987] A. Except as set forth below in Subsection B, a building or structure for which a building permit has been issued shall not be used or occupied in whole or in part until the 125:6 10-15-2004 § 125-6 BUILDING CONSTRUCTION AND FIRE PREVENTION § 125-7 health, property, or the public welfare. The issuance of a temporary certificate of occupancy under these circumstances and the right to revoke same are governed by the same provisions relating to the issuance of a temporary certificate of occupancy based upon construction pursuant to a building permit. (10) The fee for the issuance of a temporary certificate of occupancy shall be as specified in any applicable Town of Ithaca local law,ordinance, rule or regulation. [Amended 12-3-1994 by L.L. No. 10-1994; 5-10-2004 by L.L.No. 5-20041 C. A certificate of occupancy may be issued for any building or individual dwelling unit at any other time after inspection thereof by request, determination of compliance and payment of the prescribed fees. §125-7. Use and operating permits. [Amended 10-5-1987 by L.L. No. 14-1987; 5-13-1991 by L.L. No. 9-1991] A. Issuance. (1) Upon payment of the fee, as prescribed in the schedule of fees adopted by the Town Board, use permits shall be issued by and bear the name and signature of the Building Inspector and shall specify: (a) Activity or operation for which such permit is issued. (b) Address or location where activity or operation is to be conducted. (c) Name and address of permittee. (d) Use permit number and date of issuance. (e) Period of use permit validity. (2) At the option of the Building Inspector a use permit may be combined with a building permit if such combination is appropriate. B. Use permits shall not be transferable and any change in activity, operation, location, ownership, or use shall require a new use permit. C. Use permits shall continue until revoked or for a period of time designated at the time of issuance. An extension of the use permit time period may be granted provided a satisfactory reason can be shown for failure to start or complete the work or activity authorized within the required time period. D. Use permits shall be obtained for the following: (1) Acetylene generators: To operate an acetylene generator having a calcium carbide capacity exceeding five pounds. (2) Automobile tire rebuilding plants: To operate an automobile tire rebuilding plant. (3) Automobile wrecking yards: To operate an automobile wrecking yard. 125:9 10-15-2004 § 125-7 ITHACA CODE § 125-7 (4) Bowling establishments: For bowling pin refinishing and bowling lane resurfacing operations involving the use and application of flammable or combustible liquids or materials. (5) Cellulose nitrate motion-picture film: To store, keep or have on hand more than 25 pounds of cellulose nitrate motion-picture film. (6) Cellulose nitrate plastics (pyroxylin): (a) To store, keep or have on hand more than 25 pounds of cellulose nitrate plastics (pyroxylin). (b) To manufacture articles of cellulose nitrate plastic (pyroxylin) which shall include the use of cellulose nitrate plastics (pyroxylin) in the manufacture or assembling of other articles. (7) Combustible fibers: To store, handle, or use combustible fibers in quantities in excess of 100 cubic feet, except agricultural products on a farm. (8) Combustible materials: To store combustible materials including but not limited to empty combustible packing cases, boxes, barrels, or similar containers, rubber tires,baled cotton, rubber, cork, or other similar materials in excess of 2,500 cubic feet gross volume on any premises. (9) Compressed gases: (a) To store, handle,or use at normal temperatures and pressures more than: [1] 2,000 cubic feet of flammable compressed gas; or [2] 6,000 cubic feet of nonflammable compressed gas. (b) To store,handle or use any quantity of liquefied, natural or hydrogen gas. (10) Cryogenics: To store, handle, or use cryogenic fluids, except cryogenics used as a motor fuel and stored in motor vehicle tanks, as follows: (a) Production,sale or storage of cryogenic fluids. (b) Storage or use of flammable cryogenic fluids, cryogenic oxidizers, or liquefied oxygen in excess of 10 gallons. (11) Dry-cleaning plants: To use in excess of four gallons of solvents or cleaning agents classified as flammable or combustible. 125:10 10-15-2004 Chapter 153 FEES § 153-1. Purpose. § 153-8. Operating permits and certain § 153-2. Fees and charges established. inspections. § 153-3. Town Clerk: licenses and § 153-9. Sign permits. searches. § 153-10.Zoning,subdivision, SEQRA, § 1534. Town Clerk: Freedom of Zoning Board of Appeals,and Information Law. development application fees. § 153-5. Town Clerk: miscellaneous fees. § 153-11.Town of Ithaca Fee Schedule. § 153-6. Building and foundation permit § 153-12.Fill permits. fees. § 153-13.Amendments. § 153-7. Certificates of occupancy. § 153-14.Transition provisions. [HISTORY: Adopted by the Town Board of the Town of Ithaca 5-10-2004 by L.L. No. 5-2004:Amendments noted where applicable.] GENERAL REFERENCES Building construction and fire prevention—See Ch.125. Subdivision of land—See Ch.234. Signs—See Ch.221. Zoning—See Ch.270. §153-1. Purpose. A. The purposes of this chapter include the following: (1) To revise the fees charged by the Town for various activities regulated by the Town or for various services performed by the Town, including fees for permits and licenses issued by the Town Clerk, fees for permits or certificates issued by the Building Code and Zoning Enforcement Officer, Town Engineer, Town Planner, and other Town officials, and the fees for processing applications for variances,approvals, and similar matters requiring publication or board action; and (2) To establish fees for other services, which fees have not been previously charged; and (3) To amend or repeal provisions of other Town laws, ordinances or resolutions dealing with fees that are superseded by the enactment of this chapter. B. To the extent that this chapter contains provisions inconsistent with any prior local law, ordinance or resolution of the Town of Ithaca,the provisions of this chapter shall govern. 1. Editor's Note:This chapter also repealed former Ch.153,Fees,adopted 12-3-1994 by L.L.No.10-1994,as amended. 153:1 10-15-2004 § 153-2 ITHACA CODE § 153-4 § 153-2. Fees and charges established. The following fees and charges are established in the Town of Ithaca for the following permits,licenses, services, applications and other matters set forth below. § 153-3. Town Clerk: licenses and searches. The following fees are established in the Town of Ithaca for licenses and searches. A. Fee for marriage license together with certificate of marriage issued in conjunction with marriage license pursuant to §§ 15 and 14-a of the Domestic Relations Law: $40. B. Certificate of marriage pursuant to Domestic Relations Law § 14-a(2): $10. C. Marriage transcript(duplicate certificate of marriage): $10. D. Dog licenses pursuant to § 110 of the Agriculture and Markets Law (including the portion of the fee payable to the state): $8.50 for spayed and neutered dogs; $16.50 for unspayed and unneutered dogs. E. Purebred licenses: $40 for 10 dogs or fewer; $75 for l l.to 25 dogs; $125 for more than 25 dogs. F. Tax searches: $5 for one-year search. § 1534. Town Clerk: Freedom of Information Law. The following fees shall be charged by the Town Clerk for the provision of copies or other items pursuant to the Freedom of Information Law or pursuant to any other law, rule or regulation where no other fee or charge is specifically provided: A. Copies generally. (1) The Clerk shall upon request make a copy or copies of any record that is made available and which can be copied on the Town of Ithaca copying equipment upon the payment of$.20 per page after the first five pages (first five pages free) of a letter- or legal-size document. All copies of pages larger than 8 1/2 inches by 14 inches up to 11 inches by 17 inches shall be at $.25 per page. (2) Copies of CD's containing digital versions of certain Town documents, if made available, shall be provided upon payment of$5 per CD. (3) Copies of recorded cassette tapes, if made available, shall be provided upon payment of$5 per tape. (4) Any documents, tapes, maps, papers, aerial photos, etc. which cannot be copied in the Town offices will be supplied to the requestor after payment of actual cost of copying. B. Copies of certain documents. Notwithstanding the foregoing, the Clerk shall provide copies of certain documents(Zoning Ordinance,Noise Regulations, Comprehensive Plan, 153:2 10-15-2004 § 1534 FEES § 153-6 etc.) and maps (larger than 11 inches by 17 inches) upon payment of the actual costs of copying. C. Postage. If the requestor requests that copies of documents be mailed to the requestor there shall be added to the costs of copying the actual postage costs for documents heavier than one ounce (up to one ounce free). This provision for reimbursement of postage costs shall in no way obligate the Town to mail any documents. Such mailing shall be in the sole discretion of the Clerk. D. Certification. The Town Clerk shall, upon request, certify that a copy of a document or record prepared pursuant to the provisions of the preceding subsections is a true copy. E. Receipts. The Clerk or any other person at the Town receiving funds pursuant to any of the foregoing subsections shall give to the payor a receipt for the amount paid and maintain duplicate copies of such receipts for the Town records. § 153-5. Town Clerk: miscellaneous fees. The following additional fee is established in the Town of Ithaca: A. Checks returned: $15 per check. §153-6. Building and foundation permit fees. A. Building permit fees shall be computed on the basis of the value of the improvement to be constructed as follows: Value of Improvement Fee $1 to $2,500.99 $25 $2,501 to $5,000.99 $35 $5,001 to $10,000.99 $45 $10,001 to $20,000.99 $60 $20,001 to $30,000.99 $70 $30,001 to $50,000.99 $100 $50,001 to$100,000.99 $200 $100,001 to$150,000.99 $350 $150,001 to$250,000.99 $550 $250,001 to$350,000.99 $700 $350,001 to$500,000.99 $850 $500,001 to$750,000.99 $1,000 $750,001 to $1,000,000.99 $1,500 $1,000,001 to$2,500,000.99 $2,000 $2,500,001 to $5,000,000.99 $4,000 $5,000,001 to $10,000,000.99 $6,000 153:3 10-15-2004 § 153-6 ITHACA CODE § 153-8 Value of Improvement Fee $10,000,001 to $20,000,000.99 $8,000 Over$20,000,000.99 $.50 for each$1,000 of improvement value; minimum fee $10,000 B. The renewal fee for a building permit shall be the greater of$50 or 25% of the original building permit fee. C. The fee for the issuance of a foundation permit shall be the greater of$100 or 25% of the building permit fee, calculated on the estimated full value of the entire building. The fee is not refundable and is not credited against the fee for the building permit for the entire building. § 153-7. Certificates of occupancy. A. The fee for the issuance of a temporary certificate of occupancy related to a building permit (six months maximum) shall be the greater of$25 or 50% of the building permit fee. B. The fee for the issuance of a certificate of occupancy for an existing building shall be $100. C. There shall be no additional fee for the issuance of a final certificate of occupancy related to a building permit. §153-8. Operating permits and certain inspections. A. The fees for the issuance of an operating permit required pursuant to Chapter 125, Building Construction and Fire Prevention, as the same has been subsequently amended, shall be as follows: (1) Fees for uses other than multiple residences: $100 per building. (2) Fees for multiple residences shall be as follows: (a) Three to five dwelling units in each building: $50 per building. (b) Six to 10 dwelling units per building: $100 per building. (c) Eleven dwelling units or more per building: $150 per building. B. The fees for other inspections by the Building Inspector and Zoning Enforcement Officer required by state law or other regulation, such as required annual inspections of areas of public assembly (firesafety), shall be $50, plus $30 per hour after the first hour for the time the Inspector spent traveling to make the inspection, making the inspection, and preparing any related documentation and certifications relating to such inspection. The fee for a reinspection shall be $50,plus $30 per hour after the first hour. 153:4 10-15-2004 § 153-8 FEES § 153-10 C. If an inspection is being conducted by the Inspector for the issuance of an operating permit at the same time as an inspection is being conducted for firesafety purposes by the same Inspector to meet the requirements for inspections of areas of public assembly, the cost of the operating permit shall be credited against any fees that may be payable for such other inspection. §153-9. Sign permits. The application fee for a sign shall be $20, and in addition thereto the sum of $2 for each square foot of area of such sign. §153-10. Zoning, subdivision, SEQRA, Zoning Board of Appeals, and development application fees. A. Miscellaneous provisions. (1) The Town Board, Planning Board, or Zoning Board of Appeals, as applicable, shall hold no public hearing nor take any action to endorse or approve any application until all applicable fees have been paid to the Town. (2) Fees shall be calculated by the Building Inspector, Town Planner, Town Clerk, or by the Deputy Town Clerk associated with the Engineering, Planning, and Building/Zoning Department. Such fees shall be collected by the Town Clerk or the Town Clerk's designee, who shall issue a receipt stating the purpose of the payment. This receipt must be filed with the application as evidence of payment. (3) All application fees paid to the Town in accordance with the fee schedule shall be nonrefundable unless miscalculated. No funds paid to the Town for review or inspection shall be returned to the applicant should an application be disapproved by the Town, reduced in scale by the applicant, or otherwise partially or wholly abandoned. B. Application fees and public hearing fees. (1) A nonrefundable fee shall be paid along with each application as set forth in the Schedule of Application Fees set forth below (the "Fee Schedule") to cover expenses related to the administration and processing of applications, including agenda or public hearing notice, clerical processing, processing of the application by planning, engineering and/or building and zoning personnel, the cost of professional services, including but not limited to engineering, planning, legal, and other expenses incurred by the Town in its review of the submitted application material for preliminary and/or final subdivision or site plan approval or other approvals, and inspection of on-or off-site improvements. (2) Whenever an application or appeal is filed with the Town for which a public hearing is required, there shall be paid simultaneously a fee of $50 to defer the costs of publishing and mailing the notice and application to appropriate parties, and the cost of transcribing the proceedings relating to the application or appeal. Such fee of $50 is included in the Fee Schedule set forth below as part of the 153:5 10-15-2004 § 153-10 ITHACA CODE § 153-10 application fee (e.g., an application fee of$200 includes the public hearing fee of $50). (3) If the hearing continues for more than one meeting necessitating republication and/or re-noticing, an additional public hearing fee shall be paid prior to each continued hearing. If the matter continues for more than one meeting but the subsequent meetings do not require a public hearing, an agenda processing fee shall be paid prior to each additional meeting at which the matter is continued without a public hearing. In the discretion of the Town Board, Planning Board, or Zoning Board of Appeals, as the case may be, or the person designated to collect application fees, additional public hearing fees or additional agenda processing fees may be waived with respect to any subsequent meetings, particularly if the continuation was necessitated by actions of the Town officials and not by the applicant. (4) In the case of subdivision or site plan applications, the Planning Board, or the person designated to collect application fees, in its discretion, may waive the fee for a final plat or plan in those circumstances where final plat or plan approval is given simultaneously with preliminary plat or plan approval. In these cases, only the preliminary plat or plan fee would be charged. (5) As part of the application for preliminary site plan approval, a preliminary estimate of the cost of improvements shall be provided by the applicant's licensed professional engineer or registered architect, along with the other items required for a preliminary site plan application as set forth in Chapter 270,Zoning. (6) As part of the application for final site plan approval, a revised estimate of the cost of improvements shall be provided by the applicant's licensed professional engineer or registered architect, along with the other items required for final site plan application as set forth in Chapter 270,Zoning. (7) In the case of site plan applications, the terms "cost of improvements," "improvement cost" or"project cost" shall mean the costs of construction of all site improvements (whether on or off the specific site involved), including grading, roads, drainage improvements, sewers, water lines, buildings and any other improvement of any nature whatsoever to be constructed by the applicant. Such terms exclude land acquisition costs, architect fees, engineering fees and other similar nonconstruction costs. (8) The estimates provided with the preliminary or final application shall be used to determine the required fee as set forth in the Fee Schedule. (9) An estimate of the cost of improvements provided by the applicant and not by a licensed professional engineer or registered architect may be accepted when, in the judgment of the Town Engineer and/or the Town Planner, such estimate is reasonably accurate. The Town Engineer and/or the Town Planner may adjust such estimate and the estimate as so revised by the Town Engineer or Town Planner shall be used to determine the required fee. 153:6 10-15-2004 § 153-10 FEES § 153-10 (10) In the case of clustered subdivision applications, the fees set forth for subdivisions shall apply. (11) In the case of applications for rezoning, a basic fee as set forth in the Fee Schedule for initial review of the general plan by staff and the Town Board shall be submitted with the initial application. When the rezoning is referred to the Planning Board for recommendation, the fee for preliminary site plan review shall be paid prior to any further review of the general plan by the Planning Board and prior to any recommendation by the Planning Board to the Town Board. If the Town Board approves an application for rezoning upon recommendation by the Planning Board, and when specific development is proposed, the fee for final site plan review shall be paid to cover the costs of further review by staff and the Planning Board. (12) In the case of applications for special approval, a basic fee as set forth in the Fee Schedule for initial review of the general plan by staff and the Zoning Board of Appeals shall be submitted with the initial application. If the application is referred to the Planning Board for a recommendation, the required fee for preliminary site plan review shall be paid prior to any further review of the general plan by the Planning Board and prior to any recommendation by the Planning Board to the- Zoning Board of Appeals. If the Zoning Board of Appeals approves an application for special approval upon recommendation by the Planning Board, and when specific development is proposed requiring further review, the fee for final site plan review shall be paid to cover the costs of further review by staff and the Planning Board. If the application is not referred to the Planning Board, the basic fee shall be paid without any further fees for site plan review. (13) In the case of applications for special permits, a basic fee as set forth in the Fee Schedule for initial review of the general plan by staff and the Planning Board shall be submitted with the initial application. If an application is submitted for a special permit at the same time as an application for site plan approval is submitted,the fees for site plan approval will be paid without any fees required for a special permit. (14) The above fees may be waived in whole or in part, or may be modified, by the Town Board for good cause shown. Such cause may include, but is not limited to, an extreme hardship to the applicant in paying for all or a portion of the review fees,the benefit to the general community that would be provided by the proposed project, or other unique or special circumstances which would warrant, in the judgment of the Town Board, such a waiver. C. SEQRA-related fees. (1) In addition to the fees required as stated in the Fee Schedule,the fees for review or preparation of an environmental impact statement involving an application for approval or funding of an action requiring preparation or filing of a draft environmental impact statement shall be determined by the lead agency for each such application. The fees shall be based on the actual cost to the Town for reviewing or preparing the draft and final environmental impact statement, 153:7 10-15-2004 § 153-10 ITHACA CODE § 153-11 including the cost of hiring consultants, the salary time of Town employees and actual disbursements incurred as a result of the review or preparation of such impact statement, but in no event shall the fees be greater than those established in 6 NYCRR 617.13. The Town Supervisor, Building Inspector, Planner, or Engineer may require, prior to the commencement of the review or preparation of an environmental impact statement, a deposit to be made with the Town in an amount reasonably estimated to cover the fee set forth in this section. (2) The above fees may be waived in whole or in part, or may be modified, by the Town Board for good cause shown. Such cause may include, but is not limited to, an extreme hardship to the applicant in paying for all or a portion of the fees, the benefit to the general community that would be provided by the proposed project, or other unique or special circumstances which would warrant, in the judgment of the Town Board, such a waiver. § 153-11. Town of Ithaca Fee Schedule. The Town of Ithaca Fee Schedule is as follows: Application Type Fee Initial application (sketch): 1 to 10 new lots * $100 (without new roads or public utilities) All others $100,plus $2/lot Preliminary plat: 1 to 10 new lots * $100,plus $20/lot (without new roads or public utilities) All others $100,plus $40/lot Final plat: 50%of preliminary plat fee Plats/Replats whose sole purpose is to dedicate land for No charge public use Plat reaffirmations $100,plus$5/lot Site Plan Review: Initial application(sketch): $100 Preliminary site plan: Estimated Project Cost $1 to $10,000.99 $200 $10,001 to$25,000.99 $250 $25,001 to$50,000.99 $300 $50,001 to$100,000.99 $350 $100,001 to $250,000.99 $400 $250,001 to $500,000.99 $500 $500,001 to $1,000,000.99 $750 153:8 10-15-2004 § 153-11 FEES § 153-14 Application Type Fee $1,000,001 to $2,500,000.99 $1,000 $2,500,001 to $5,000,000.99 $1,500 $5,000,001 to$10,000,000.99 $2,000 $10,000,001 to $20,000,000.99 $2,500 Over$20,000,000.99 $3,000 Projects with interior work only $250 Final site plan 50%of preliminary site plan fee Rezoning/Zoning amendment $175,plus pertinent site plan fees Special approval/special permit $100.00 Area and use variances $100.00 Sign appeal $100.00 Additional meeting fees: Agenda processing $30.00 Public hearing processing $50.00 Note: *Number of lots is the number that would exist after subdivision §153-12. Fill permits. Fill permits shall be issued only upon the payment by the applicant for same of the following fee: A. There shall be a fee of$100 for a fill permit issued by the Town Engineer pursuant to Chapter 270,Zoning, § 270-217. Additional fees, as specified in § 153-10 of this chapter, may apply if Zoning Board of Appeals and/or Planning Board approval is necessary. § 153-13. Amendments. The foregoing charges may be changed by local law. §153-14. Transition provisions. A. Site plan or subdivision review applications that are pending as of the effective date of this chapter shall be subject to the following provisions. The fees in effect when the application was filed shall apply to the pending stage of review (initial, preliminary, or final). The fees set forth in this chapter shall apply to any further stages of review. Any fee balance that exists after completion of the pending stage of review shall be applied towards the fee for the next stage of review. B. Projects that have completed the review process but are still under construction as of the effective date of this chapter shall be billed for stormwater construction inspections for 153:9 10-15-2004 § 153-14 ITHACA CODE § 153-14 up to nine months after the effective date of this chapter. The stormwater construction inspection fees shall be determined pursuant to the fee provisions that were in effect when the review process was completed. 153:10 10-15-2004 § 2214 SIGNS § 221-5 (8) Except as otherwise provided herein, no banners, pennants, ribbons, streamers, spinners, or similar moving, fluttering, or revolving devices shall be part of an exterior or window sign, or used for advertising or attracting attention when not part of a sign. (9) Phosphorescent, fluorescent, or similar reflective paint or material shall not be used on exterior signs, except those listed in § 221-5A(1)(a), (b), and(c). (10) Prohibited sign illumination sources shall be as listed in § 221-8A. B. Residential and/or agricultural districts. The following signs are prohibited in residential districts and/or agricultural districts: (1) Signs as listed in § 2214A. (2) Projecting signs, except as allowed in § 221-513(1)(b). (3) Window signs, except temporary signs such as pickup and delivery notices, political posters, or similar signs. (4) Signs on awnings or canopies. §221-5. Exempt signs. A. All districts. (1) The following permanent signs, not self-illuminated except as otherwise provided herein,may be placed in any district without a permit: (a) Street identification, traffic and other governmental signs and control devices required by law, ordinance, or regulation. (b) Official public information signs. (c) Entrance-exit and directional signs. (d) House and building numbers. (e) Memorial signs, building names, erection dates, or similar information cut into masonry or other permanent surface, or constructed of bronze or other incombustible material,not to exceed 36 square feet in size. (f) Signs and markers in cemeteries designating graves and memorials. (g) "Posted" or"No Trespassing" signs not to exceed four square feet in size. (h) Historical markers not to exceed six square feet in size. (i) Hospital identification signs, which may be self-illuminated,not to exceed 24 square feet in size. (j) Governmental agency and public building identification. 221:3 10-15-2004 § 221-5 ITHACA CODE § 221-5 (k) Signs or notices erected by a public utility necessary for the direction, information, or safety of the public. (2) The following temporary signs, not illuminated unless otherwise specified, may be placed in any district without a permit: (a) Emergency or safety signs, illuminated as required. (b) Directional signs for meetings, conventions, and other assemblies, not to exceed six square feet in size and to be removed within 15 days after the event. (c) One sign, not to exceed six square feet, advertising the sale or rental of the land or building on which it is located, to be removed within 15 days after sale or rental and no more than one such sign for each lot or building being sold. In business and industrial districts, such signs may be up to 24 square feet in size. (d) One sign, not to exceed six square feet, listing the architect, engineer, contractor and/or owner, on premises where construction, renovation, or repair is in progress. (e) Political posters,not-for-profit promotional, private sales, or similar signs not exceeding six square feet in size. In business and industrial zones, such signs may be up to 24 square feet in size. (f) Holiday decorations, including lighting. (g) No more than two banners aggregating not in excess of 15 square feet containing graphics that are purely decorative and that do not identify, advertise or convey information. (3) Flags, emblems, or insignia of a nation, government, or school, may be displayed in any district without a permit. B. Residential and/or agricultural districts. (1) The following signs, on premises,not self-illuminated,may be placed in residential districts and/or agricultural districts without a permit: (a) Signs listed as exempt in § 221-5A. (b) One wall, projecting or freestanding sign on each building frontage identifying the name and/or address of the occupants of a residence not to exceed six square feet in size. Signs as needed to identify the building or activities of colleges and universities,not to exceed 24 square feet. (c) One wall sign as needed to identify the buildings or activities of houses of worship, libraries, museums, nursing homes, or similar institutions; and one freestanding sign neither of which is to exceed 24 square feet in size, and combined shall not exceed 24 square feet in size. The height of any freestanding sign shall not exceed six feet. 221:4 10-15-2004 § 221-5 SIGNS § 221-6 (d) Neighborhood identification signs, not to exceed six square feet in size. (e) In agricultural districts, signs for the sale of farm and garden produced products, total area of signs not to exceed six square feet and total number of signs not to exceed two. (f) In agricultural districts, breed identification signs, not to exceed six square feet in size. (2) Freestanding signs in residential districts and/or agricultural districts shall be located as specified in § 221-6A(2). C. Business and industrial districts. (1) The following signs may be placed in business and industrial districts without a permit: (a) Signs listed as exempt in §§ 221-5A and B. (b) At each entrance to an office,public, or institutional building, a sign denoting only the name and/or business or profession of the occupants, not to exceed six square feet in size. (c) Window graphics,signs and displays as specified in § 221-7E. (d) Temporary window signs announcing the opening or closing of a business, sales, and price listings, not to exceed 50%of the total display window area. (e) At gasoline stations integral graphics or attached price signs on gasoline pumps. (2) Any signs erected pursuant to § 221-5C(1) shall be counted in determining the maximum number of signs permitted pursuant to § 221-613. §221-6. Regulated signs. A. Residential and/or agricultural districts. (1) The following wall or freestanding signs, on premises,not self-illuminated, may be placed in residential districts and/or agricultural districts on issuance of a permit: (a) One wall or freestanding sign, not exceeding four square feet in area, identifying a principal permitted enterprise or use other than residential. (b) One wall or freestanding sign, not exceeding 24 square feet in area, identifying a multiple residence. (2) Freestanding signs in residential districts and/or agricultural districts shall in no case be located between the sidewalk and the street, nor closer than two feet from the sidewalk,nor closer than three feet from a building or structure, nor closer than 15 feet from a side lot line; the maximum height of sign and support shall be six feet. 221:5 10-15-2004 § 221-6 ITHACA CODE § 221-7 B. Business and industrial districts. (1) Business and industrial districts regulated signs shall meet the requirements of § 221-7. (2) The following signs may be placed in business and industrial districts on issuance of a permit: (a) Regulated signs as listed in § 221-6A. (b) The following signs may be placed at each on-premise enterprise in business and industrial districts: [1] One wall sign or one projecting sign on each building or store frontage, and one freestanding sign. If a business has entrances for vehicular traffic on more than one street,two freestanding signs are permitted. [2] In the case of multiuse facilities, one freestanding sign shall be allowed for the development as a whole, regardless of the number of separate enterprises. If such multiuse facility has entrances for vehicular traffic on more than one street,two freestanding signs are permitted. [3] In lieu of any one or more of the signs pernutted above, one or more marquee, awning or canopy signs may be substituted instead provided that: [a] Such marquee, awning or canopy sign is located no further than six feet from the facade of the building to which it relates; and [b] Such sign(s) complies with the provisions relating to marquee, awning or canopy signs set forth below; and [c] The total number of signs does not exceed the number permitted pursuant to Subsection B(2)(b)[1] and [2] above. §221-7. Business and industrial districts signs. A. Wall signs. (1) The maximum area of wall sign graphics shall be, for each linear foot of building frontage occupied by the enterprise on which the sign is placed, one square foot. (2) Wall signs shall not extend beyond the ends or over the top of the wall to which attached. (3) Wall signs shall not extend more than nine inches from the face of the building to which attached. (4) Any part of a sign extending over pedestrian traffic areas shall have a minimum clearance of seven feet six inches. B. Projecting signs. 221:6 10-15-2004 §221-7 SIGNS § 221-7 (1) Projecting sign panels or sign symbols shall have not more than two faces, and the maximum area of the panel or symbol shall be 15 square feet. (2) A projecting sign panel or sign symbol may extend three feet maximum from the building face, or 1/3 the width of the sidewalk, whichever is less. (3) No part of a projecting sign shall extend into vehicular traffic areas, and any part over pedestrian traffic areas shall have a minimum clearance of seven feet six inches. (4) Projecting signs shall not extend above the level of the floor of the second story of the building to which attached, nor in any case be higher than 12 feet from the ground. (5) Projecting signs shall not be copy-change type except as specified in § 221-7D(3). C. Freestanding signs. (1) Freestanding sign panels or sign symbols shall have not more than two faces and the maximum area of the panel or symbol shall be 50 square feet. (2) The maximum height of a freestanding sign and support shall be 20 feet. (3) No part of a freestanding sign shall extend into vehicular traffic areas,and any part extending over pedestrian traffic areas shall have a minimum clearance of seven feet six inches. (4) Freestanding signs shall be placed in front yards only, shall be located no closer than six feet from a building, 15 feet from the edge of the pavement, and 15 feet from a side lot line, and no part shall extend over a public street or sidewalk. D. Marquee,canopy and awning signs. (1) No sign shall project or be suspended from a marquee, canopy or awning. (2) Marquee, canopy and awning signs shall be completely within the outer edges of such marquee, canopy or awning. (3) Copy-change marquee signs shall be permitted on theaters only. (4) For each linear foot of marquee perimeter the maximum area of graphics shall be one square foot. (5) Canopy or awning graphics may be painted or affixed flat to the surface of the front or sides, and shall indicate only the name and/or address of the enterprise or premise. (6) Canopy or awning graphics shall be a single line of lettering six inches maximum height. E. Window signs. 221:7 10-15-2004 § 221-7 ITHACA CODE § 221-8 (1) Window signs are prohibited above the first floor, except for lettering of five inches maximum height per line with a maximum of two lines, identifying professional or business offices. (2) There shall be no more than one permanent window sign per window and a maximum of two per enterprise. (3) The area of permanent window signs shall not exceed 25% of the area of the window or windows through which they are visible, nor in any case exceed four square feet. (4) Copy-change window signs shall not exceed four square feet in area. (5) Exposed luminous tubing or similar window signs shall consist of no more than two rows, the lettering shall not exceed six inches in height per row, and the entire sign shall not exceed three-quarters of the window width or six square feet, whichever is less. §221-8. Sign illumination. A. Prohibited sources. (1) No illumination which will cause glare reflection constituting a nuisance or a traffic hazard shall be directed upon a sidewalk, street, or public place, or upon adjacent premises. (2) No sign, display or advertising device shall be illuminated by or contain flashing, intermittent,rotating, or moving lights. (3) Exposed luminous tubing or similar signs shall be prohibited, except in windows as specified in § 221-7E(5). (4) Strings of lights not part of a sign shall not be used for advertising, outlining buildings or features of buildings, or otherwise attracting attention, except as specified in § 221-5A(2)(f). (5) Gas or other flame illumination is prohibited. B. Permitted sources. (1) Direct illumination shall be permitted in all districts as follows: (a) Visible lamps,not exceeding 25 watts per lamp. (b) Shielded linear light sources and gooseneck reflectors. (c) Floodlights. (2) Indirect illumination, including backlighted letters, is permitted in all districts. (3) Self-illuminated copy-change theater signs are permitted in business districts. 221:8 10-15-2004 § 221-8 SIGNS § 221-10 (4) Self-illuminated signs and letters are permitted in business and industrial districts. C. Intensity. No sign shall produce illumination in excess of 10 footcandles above ambient light level at a distance of four feet on a level'with the sign. D. Color. In residential districts and/or agricultural districts illumination shall be white or amber. §221-9. Sign construction. A. Fabrication and attachment. All sign fabrication, erection, and attachment shall conform to the requirements of the latest edition of the New York State Uniform Fire Prevention and Building Code and other applicable codes and regulations. [Amended 7-12-2004 by L.L.No. 7-20041 B. Electrical. (1) Lighting fixtures and wiring shall conform to the requirements of the latest edition of the National Electrical Code and other applicable codes and regulations, and shall have New York Board of Fire Underwriters' approval. (2) Transformers,wires, and similar items shall be concealed. (3) All wiring to freestanding signs shall be underground. C. Maintenance. All signs, sign finishes, supports, and electrical work shall be kept in good repair and safe condition. §221-10. Sign removal; nonconforming signs. A. Amortization of off-premises signs. (1) All off-premises signs not permitted by the terms of this chapter, whether valid nonconforming signs or otherwise, and existing at the time of the adoption of this chapter shall be removed within a period of four years from the date of the adoption of this chapter. Off-premises signs which are not valid nonconforming signs and are not permitted signs under this chapter shall be removed immediately. B. Disused signs. A sign, and any supports and electrical work, identifying or advertising a business no longer conducted or a product no longer sold on the premises shall be removed by the owner of the premises within six months from the date of disuse, unless the Enforcement Official shall determine that such sign or portions thereof may be utilized by a subsequent enterprise. C. Unsafe signs. (1) Unsafe or insecure signs shall be repaired or removed by the owner of the premises. 221:9 10-15-2004 § 221-10 ITHACA CODE § 221-11 (2) If the Enforcement Official determines an unsafe sign to be an actual danger to persons or property, such sign must be removed within three days of receipt of written notice. (3) If the owner fails to comply within three days after notification, the Town shall remove the sign at cost to the owner of the premises. (4) If it is determined by the Enforcement Official that any sign is a source of immediate peril to any person or property, such sign may be removed summarily and without notice by the Enforcement Official at cost to the owner of the premises. D. Surface restoration. Upon removal of any wall sign, including signs painted on walls, the surface area of the wall shall be restored to an appearance substantially equivalent to the remaining portion of the facade. E. Nonconforming signs. (1) Existing nonstructural signs, such as portable signs, banners, pennants, or similar signs, which are nonconforming with the provisions of this chapter shall be brought into conformance or removed within 90 days of the date of the adoption of this chapter. (2) Except as otherwise provided in this chapter,the lawful use of any sign existing at the date of the adoption of this chapter may be continued even though such sign does not conform to the provisions herein. (3) A nonconforming sign may not be changed or enlarged unless a variance is granted by the Zoning Board of Appeals. When a nonconforming sign is in need of alteration, replacement, or substantial repair as shall be determined by the Enforcement Official, the sign shall be made to come into compliance with the requirements of this chapter or be removed unless a variance is granted by the Zoning Board of Appeals. (4) Abandonment or discontinuance of the use for which any nonconforming sign has been maintained for a period of more than six months, as shall be determined by the Enforcement Official, shall terminate the use of such sign. No nonconforming sign shall be reinstated except by variance granted by the Zoning Board of Appeals. (5) Temporary removal of a nonconforming sign for painting or other normal maintenance shall be limited to a period of 30 days. §221-11. Design review. A. Purpose. To encourage the appropriate and compatible design and placement of signs and street graphics. B. Sign Review Board.The Planning Board shall be designated as the Sign Review Board. C. Jurisdiction. 221:10 10-15-2004 § 221-11 SIGNS § 221-12 (1) All regulated signs may be subject to design review. (2) The Sign Review Board shall have the discretionary power to vary any maximum numerical limitation in this chapter by 25%, providing such variation does not detract from the purposes of this chapter. Such variation shall require the vote of a majority plus one. (3) The Sign Review Board may review any sign application to insure conformity with § 221-2, and may require changes in the content of the sign. D. Procedure. (1) Recommendations and/or decisions shall be based on the guidelines listed in § 221-11E. (2) All decisions shall be transmitted in writing, and copies sent to the applicant and the Enforcement Official. E. Guidelines. (1) The following guidelines may be considered by the Sign Review Board in determining the acceptability of proposed signs as to design, materials, colors, illumination,placement and size. (2) In general, signs should be: (a) Compatible with surroundings and appropriate to the architectural character of the buildings on which they are placed. (b) Appropriate to the type of activity to which they pertain. (c) Legible in the circumstances under which they are seen. (d) Expressive of the identity of individual enterprises but not out of the character with the community. §221-12. Enforcement official. A. The provisions of this chapter shall be administered and enforced by the Enforcement Official who shall have the power to make necessary inspections. B. No sign permit shall be approved by the Enforcement Official except in compliance with the provisions of this chapter, or as directed by the Sign Review Board or the Zoning Board of Appeals. C. The Enforcement Official shall refer to the Sign Review Board any sign application which he deems not to be in conformance with the purpose of this chapter as set forth in § 221-2. 221:11 10-15-2004 § 221-13 ITHACA CODE § 221-14 §221-13. Sign permit. A. Except as otherwise provided herein, after the effective date of this chapter, no sign shall be erected, moved, or altered, except as required by § 221-10, unless and until a sign permit for such work has been obtained. B. No permit is required for the following: (1) Exempt signs. (2) A permitted sign to be repainted or repaired in exact duplication of the original. C. Application for sign permit, on forms provided by the Town Clerk, shall be submitted in duplicate to the Enforcement Official. D. Applications shall have attached thereto the following information and material: (1) Application fee as specified in any applicable Town of Ithaca ordinance, local law, rule or resolution.' (2) Information as listed on the application form. (3) Drawings at an appropriate scale, as necessary to show the design, dimensions, and colors of the graphics and sign structure, details of any illumination sources, and placement of the sign relative to the building or structure on which it is located and/or in relation to nearby buildings, structures,street lines and property lines. E. If the proposed signis in conformance with all requirements, the Enforcement Official shall issue a permit within seven days or refer the application to the Sign Review Board. F. If a sign authorized by a permit is not completed and in place within six months, said permit shall become null and void. G. Design, construction, and placement of a sign shall not deviate from the plans approved for issuance of permit. H. Upon completion of sign, applicant shall submit a photograph of sign in place which the Enforcement Official shall file with the original sign application. §221-14. Appeals. A. The Sign Review Board shall hear and decide on the following matters: (1) Questions of alleged error in any order or determination of the Enforcement Official involving the interpretation of the provisions of this chapter. (2) Requests for variation from the provisions of this chapter pursuant to § 221-11. B. Decisions of either the Sign Review Board or the Enforcement Official may be appealed to the Zoning Boards of Appeals. 1. Editor's Note:See Ch.153,Fees,§153-9,Sign permits. 221:12 10-15-2004 § 221-14 SIGNS § 221-16 C. Upon an appeal, the Zoning Board of Appeals may grant a variance from the terms of this chapter. No Zoning Board of Appeals decision shall be made on a variance until an advisory opinion is received from the Sign Review Board. Failure of said Sign Review Board to report an opinion prior to the hearing on the appeal shall be construed as approval of the variance. D. Any person aggrieved by a decision of the Zoning Board of Appeals may have the decision reviewed by the Supreme Court of the State of New York in the manner provided by law. §221-15. Penalties for offenses. A. In the event of a breach of any of the provisions of this chapter, the Enforcement Official shall notify the owner of the premises, in writing, to remove, repair, or bring the sign into conformance, within 30 days of the date of such notice. B. Any person, firm, or corporation, whether as owner, lessee, agent, or employee, who violates any of the provisions of this chapter, or who fails to comply with any order or regulation made thereunder, or who erects, moves, or alters any sign in violation of any detailed statement or plans submitted by him and approved under the provisions of this chapter, shall be guilty of a violation as the same is defined in the Penal Law and shall be fined not more than $100 for each violation. C. Each day that such violation is permitted to exist shall constitute a separate violation. D. If any sign is erected, altered, or moved in violation of the provisions of this chapter, proper officials may, in addition to other remedies, institute an appropriate action to prevent such unlawful operation. E. Upon failure to comply with any notice within the prescribed time, the Enforcement Official shall remove or cause removal,repair,or conformance of a sign, and shall assess all costs and expenses incurred against the owner of the building or land on which the sign is located. F. All costs and expenses incurred by the Town of Ithaca in causing the removal or repair of any sign, as specified in this section and § 221-10, shall be collected from the owner of the premises on which such sign is located. Payment shall be made in not less than five days after the receipt of a written demand. Upon failure to make such payment, such costs and expenses shall be assessed against said owner and shall be paid and collected as part of the Town and county tax next due and payable. In addition, the Town may commence any other action or proceeding to collect such costs and expenses. §221-16. Terminology. A. For the purposes of this chapter certain words and terms shall have the meanings given in this section. 221:13 10-15-2004 § 221-16 ITHACA CODE § 221-17 B. Words used in the present tense include the future tense; words used in the singular include the plural, and the plural the singular; the word "shall' is mandatory and not permissive. C. Certain words imply and include other words as follows: (1) AFFIX: attach, append,join, suspend. (2) BUILDING: structure. (3) ENTERPRISE: business, profession, organization, association. (4) ERECT: build, construct,alter. (5) PLACEMENT: location, erection. (6) STREET: road,highway,lane, alley. (7) USED: designed, intended, arranged to be used. §221-17. Definitions. As used in this chapter,the following terms shall have the meanings indicated: AGRICULTURAL DISTRICT— An agricultural land use area classification as established by Chapter 270,Zoning, of the Code of the Town of Ithaca, as amended. AUXILIARY SIGN — A sign affixed in a subordinate position to the supports of a freestanding sign. AWNING— A canvas-covered frame or similar structure that shelters a window, door, deck or the like from sun and rain. BACKLIGHTED SIGN — A sign or graphics silhouetted by a light source not directly visible. BANNER — A type of flag, not an emblem of a government or institution, with graphics that are purely decorative or that identify, advertise and/or convey commercial information. BOARD OF APPEALS — The Zoning Board of Appeals as established in accordance with the provisions of Town Law. BUILDING— A structure affixed to a permanent foundation. BUILDING FACE— The exterior surface of a building. BUILDING FRONTAGE— That part of a building or lot facing a sidewalk, street, or other public place. BUSINESS DISTRICT — A business land use area classification as established by or pursuant to Chapter 270,Zoning, of the Code of the Town of Ithaca, as amended. 221:14 10-15-2004 § 234-28 SUBDIVISION OF LAND § 234-31 B. The monuments shall be constructed of reinforced concrete (3,000 psi in 28 days) and have no fewer than two no. 3 deformed bars in them, evenly spaced. The monuments shall be six inches in diameter and 36 inches in length. Each monument shall have a cross case in the top center or a copper rod extending 1/4 inch above the concrete. All such monuments may be precast or cast in the hole. It shall be the responsibility of the developer to maintain the monuments on all unsold lots. §234-29. Underground wires and cables. Wires and cables providing local utility and similar services (including but not limited to electric, telephone, cable television, and streetlighting) in residential subdivisions shall be placed underground. §234-30. Phased developments. In large, phased developments, a sequential installation of utilities and improvements shall be made in accordance with an agreement satisfactory to the Town Planner, Town Engineer and Town Attorney. The phasing agreement shall provide for the maintenance of existing roads and utilities. ARTICLE V Rules and Regulations for Clustered Subdivisions §234-31. Minimum gross area. A. The minimum gross area for any clustered subdivision proposal shall be five acres. Clustered subdivisions are permitted only with respect to residential dwelling units. The Planning Board may not require a subdivider to prepare a cluster plan for lands in a High Density Residential Zone. [Amended 6-7-2004 by L.L.No. 6-20041 B. The area of the subdivision required to be reserved by the developer for open space shall not be more than 101/o of the gross area, and shall contain in any event a parcel with an open area of at least 10,000 square feet. C. At the time of preliminary approval,it shall be determined whether or not the subdivision to be considered shall be a cluster design. When the subdivider presents to the Planning Board a traditional subdivision plan, the Planning Board may approve a preliminary plat for a given number of units, contingent upon all or part of those units being clustered in a final plat acceptable to the Planning Board. D. When the subdivider proposes to develop a portion of the property as a traditional subdivision and a portion as a clustered subdivision, the Planning Board may approve, modify and approve, br disapprove the proportions of the project and locations which shall be developed traditionally or be clustered. E. In the event the Planning Board approves a traditional subdivision plan at the preliminary subdivision hearing, the subdivider shall have the option of submitting a cluster plan 234:21 1 0-15-2004 §234-31 ITHACA CODE § 234-32 prior to final plat approval. In this case, the Planning Board shall schedule a public hearing prior to final subdivision approval in order to consider the cluster proposal. §234-32. Number of dwelling units permitted. A. The number of dwelling units permitted in a clustered residential subdivision may in no case exceed the number otherwise permitted, in the Planning Board's judgment, by the applicable sections of Chapter 270, Zoning of the Code of the Town of Ithaca. The Planning Board may restrict the subdivider to a lesser number of dwelling units if, in the Planning Board's judgment, particular conditions of the site warrant such restriction. Notwithstanding the foregoing, the density of dwelling units in a clustered development shall not exceed 3.5 dwelling units per gross acre in a Residence District R15 or 2.3 dwelling units per gross acre in a Residence District R30. B. To determine the number of dwelling units permitted to be clustered pursuant to § 281,"the Planning Board may require the subdivider, as part of the sketch plat review process, to prepare a conventional subdivision plat which meets all standards of Chapter 270, Zoning, subdivision regulations, and Town of Ithaca highway and open space regulations. C. The Planning Board may exclude areas from the sketch plat which, in its opinion, are unsuitable for construction of the proposed housing because of excessive slopes, poor drainage, or other considerations which may be injurious to the health, safety, and welfare of the community. D. Considerations which the Planning Board may use in order to limit the number of dwelling units or lots which may be developed in any clustered subdivision include but are not limited to: (1) Will such a development be substantially and materially injurious to the ownership, use and enjoyment of other property in the vicinity or neighborhood; (2) Will such a development impede the orderly development of land in the vicinity or neighborhood, and will such use be appropriate in appearance and in harmony with the existing or intended character of such land in the vicinity or neighborhood; (3) Will the street system and off-street parking facilities handle the expected traffic in a safe and efficient manner and not place an undue burden on existing roads; (4) Will the natural surface drainageways continue to work effectively; (5) Are water and sewerage or waste disposal facilities adequate; (6) Is the environmental quality of the proposal, in terms of site planning, design, and landscaping, compatible with the character of the neighborhood; 10. Editor's Note:Town Law§281 re:clustered subdivisions was renumbered and amended by L.1992,c.727.See now Town Law§278. 234:22 10-15-2004 § 250-16 VEHICLES AND TRAFFIC § 250-17 - Abby Road, during the period from 11:00 p.m. to 6:00 a.m. daily from May 1 through September 30 of each year. (15) On both sides of Pleasant Grove Road from the Village of Cayuga Heights line to the intersection with Forest Home Drive (Route 392). (16) On both sides of Pine Tree Road from Route 366 southerly to the railroad overpass. (17) On the south side of Roat Street running westerly from Blackstone Avenue to the terminus of Roat Street, during the hours of 1:00 a.m. to 6:00 a.m. daily. (18) On both sides of Sharlene Drive from Snyder Hill Road to Eastern Heights Drive during the hours of 1:00 a.m. to 6:00 a.m. daily. (19) On both sides of Snyder Hill Road from the Town of Dryden line to the intersection with Pine Tree Road. (20) On both sides of Winthrop Drive from the easterly entrance to the Northeast School parking lot northerly and westerly to the westerly entrance to the Northeast School parking lot and on the northerly side of Winthrop Drive from the westerly entrance to the Northeast School parking lot westerly to the intersection of Winthrop Drive and Brandywine Road. (21) On both sides of Pennsylvania Avenue from the City of Ithaca line southeast and east approximately 2075 feet to the intersection of the west line of the unopened paper street known as"Maryland Avenue"projected southerly across the full width of Pennsylvania Avenue, which intersection is also the east line of Town of Ithaca Tax Parcel Number 54.-6-7 projected southerly across the full width of Pennsylvania Avenue. [Added 4-12-20041 (22) On both sides of Kendall Avenue from its intersection with Pennsylvania Avenue southeast approximately 2100 feet to its intersection with a line drawn south southwesterly from the southwest comer of Town of Ithaca Tax Parcel Number 54.4-19 to the northwest comer of Town of Ithaca Tax Parcel Number 54.-5-25. [Added 4-12-20041 §250-17. Stopping of motor vehicles. The stopping of motor vehicles, other than in accordance with erected traffic control devices, or as may be required by traffic conditions, is prohibited in the following locations: A. Buttermilk Falls Road West in its entirety. B. Buttermilk Falls Road East in its entirety. 250:7 10-15-2004 § 250-18 ITHACA CODE § 250-23 §250-18. Stop signs. The intersections enumerated on Schedule A annexed hereto are designated as stop intersections and stop signs are ordered installed at the entrance to such intersections as set forth on Schedule A. §250-19. Yield signs. The intersections set forth on the annexed Schedule B are designated as yield intersections and yield signs are ordered installed at entrances to such intersections as set forth on_Schedule B. §250-20. Penalties for offenses. A. Any violations of §§ 250-10 and 250-11 shall constitute a traffic infraction and any persons violating the same shall be deemed guilty of a traffic infraction and shall be punishable by a fine of not more than $50 or by imprisonment for not more than 15 days or by both such fine and imprisonment. B. Failure to observe the signs erected in accordance with § 250-12 or 250-13 shall be treated as a traffic infraction and shall be punished as set forth in the Vehicle and Traffic Law of the State of New York. §250-21. Authority to impound vehicles. A. Any vehicle parked or abandoned on any highway within the Town of Ithaca that hinders or impairs the ability of the personnel of the Town of Ithaca, or any other governmental agency, to respond to a snowstorm, flood, fire or other occurrence to which a prompt response is necessary or desirable, may be removed by the Town of Ithaca. B. Any vehicle found unattended on any highway within the Town of Ithaca which constitutes an obstruction to traffic may be removed by the Town of Ithaca. C. Any vehicle parked or abandoned on any highway within the Town of Ithaca where stopping,standing or parking is prohibited,may be removed by the Town of Ithaca. §250-22. Storage and charges. The Town of Ithaca may store any vehicle removed pursuant to § 250-15 in a suitable place at the expense of the owner. The owner, or person in charge of the vehicle, may redeem the same upon payment to the Town of Ithaca of the amount of all expenses actually and necessarily incurred in effecting such removal. §250-23. Notice of removal. The Town of Ithaca shall report promptly the removal and disposition of any vehicle pursuant to §§ 250-15 and 250-16 to the County Sheriff. The Town shall also ascertain, to the extent 250:8 10-15-2004 § 250-23 VEHICLES AND TRAFFIC § 250-25 possible, the owner of the vehicle or person having the vehicle in charge and make reasonable efforts by mail to notify that person of the removal and disposition of the vehicle and of the amount required to redeem the vehicle. §250-24. Review. The owner, or the person in charge, of a vehicle that has been removed pursuant to § 250-15 may request a hearing to challenge the assessment of any expense imposed pursuant to § 250-16. The request for a hearing shall be in writing and shall be filed with the Town Clerk within 15 days of receiving notice of the removal of the vehicle. The hearing shall be held within 10 days after the request has been filed. The hearing shall be conducted by the Town Supervisor or any other impartial person designated by the Town Supervisor. The scope of the hearing shall be solely to determine whether the removal of the vehicle was authorized by § 250-15. The sole effect of a deterniination that the removal of the vehicle was not authorized by § 250-15, shall be that the owner or person in charge of the vehicle shall not be responsible for the expenses of towing and storage. Nothing in this article is intended to affect the liability of the Town of Ithaca for any damage done to any vehicle during towing or storage. §250-25. When effective. A. This article shall be effective 10 days after publication and posting in accordance with § 133 of the Town Law except those parts, if any, which are subject to approval under § 1684 of the Vehicle and Traffic Law of the State of New York(relating to approval of traffic control devices on state roads). B. Any part or parts of this article which are subject to approval under § 1684 of the Vehicle and Traffic Law of the State of New York shall take effect from and after the day on which approval in writing is received from the New York State Department of Transportation. 250:9 10-15-2004 VEHICLES AND TRAFFIC 250 Attachment 1 Schedule A Stop Intersections [Adopted 4-12-19991 On Apple Blossom Lane at its intersection with Peachtree Lane [Added 3-8-20041 On Amber Lane at its intersection with Seven Mile Drive [Added 3-8-20041 On Birchwood Drive at Salem Drive On Birchwood Drive North at Salem Drive On Birchwood Drive South at Pinewood Place [Repealed 3-8-20041 On Blackstone Avenue at Christopher Lane On Blackstone Avenue at Hanshaw Road(northbound and southbound) On Blackstone Avenue at Roat Street,northbound approach On Blackstone Avenue at Roat Street,southbound approach On Bluegrass Lane at Warren Road On Brandywine Drive at Christopher Lane On Briarwood Drive at Birchwood Drive On Briarwood Drive at Birchwood Drive North On Burns Road at Coddington Road On old Burns Road at its southbound approach to the intersection with new Bums Road On Caldwell Road at its north intersection with Campus Road [Added 104-19991 On Caldwell Road at its south intersection with Campus Road[Added 104-19991 On Caldwell Road at Forest Home Drive [Added 104-19991 On Chase Lane at East King Road On Christopher Circle(east end)at Christopher Lane On Christopher Circle(west end)at Christopher Lane On Christopher Circle at Warren Road On Clover Lane at its intersection with Mitchell Street On Concord Place at Burleigh Drive On Coy Glen Road at Elm Street Extension On Crest Lane at its intersection with Warren Road 250 Attachment 1:1 10-15-2004 ITHACA CODE On Culver Road at Bostwick Road On Culver Road at Poole Road On Deerfield Place at Salem Drive On Deerfield Place at Winston Drive On Dove Drive at its easterly intersection with Snyder Hill Road On Dove Drive at its westerly intersection with Snyder Hill Road On Drew Road at Sheffield Road On Drew Road at Woodgate Lane On Eastern Heights Drive at Sharlene Drive,eastbound approach On Eastern Heights Drive at Sharlene Drive,westbound approach On Eldridge Circle at its intersection with Southwoods Drive [Added 3-8-20041 On Elm Street Extension at Poole Road On Evergreen Lane at Dubois Road On Fairway Drive at Warren Road On Forest Home Drive at Caldwell Road On Forest Home Drive at Judd Falls Road,eastbound approach On Forest Home Drive at Judd Falls Road,westbound approach On Forest Home Drive at Pleasant Grove Road,westbound approach On Forest Home Drive at Warren Road,eastbound approach On Forest Home Drive at Warren Road,westbound approach On Game Farm Road at Ellis Hollow Road On Glenside Road at Coy Glen Road On Grove Road at Woolf Lane On Hackberry Lane at Coy Glen Road On Halcyon Hill at its intersection with Warren Road On Haller Boulevard at Elm Street Extension On Harris B. Dates Drive at its intersection with the entrance road to Cayuga Medical Center [Amended 7-12-2004 by L.L.No.7-2004] On Harris B. Dates Drive at its intersection with Indian Creek Road On the westerly extension of Harris B. Dates Drive (extending westerly to the Professional Building Drive) at its intersection with the north-south portion of Harris B. Dates Drive 250 Attachment 1:2 10-15-2004 VEHICLES AND TRAFFIC On Harwick Road at Honness Lane On Harwick Road at Wildflower Drive On Honness Lane at Pine Tree Road On Hopkins Road at Bundy Road On Hopkins Road at Hayts Road On Indian Creek Road at Dubois Road On John Street at Park Lane On Judd Falls Road at Arboretum Road On Judd Falls Road at Campus Road,northbound approach On Judd Falls Road at Campus Road, southbound approach On Judd Falls Road at Tower Road,northbound approach On Judd Falls Road at Tower Road, southbound approach On Juniper Drive at Coddington Road On Kay Street at Hanshaw Road On LaGrand Court at Chase Lane On Landmark Drive at Park Lane On Lexington Drive East at Burleigh Drive On Lexington Drive West at Burleigh Drive On Lisa Place at Lisa Lane On Lisa Lane at Texas Lane On Longview Drive at Poole Road On Maple Avenue at Pine Tree Road On Maplewood Drive at Pinewood Drive On Maplewood Drive at Salem Drive On Marcy Court at Whitetail Drive On McIntyre Place at Forest Home Drive On McIntyre Place at Judd Falls Road On Muriel Street at Hanshaw Road On Northview Road at Coddington Road On Northview Road West at Coddington Road On Orchard Hill Road at Dubois Road 250 Attachment 1:3 10-15-2004 ITHACA CODE On Orchard Street at Hanshaw Road On Orchard Street at Roat Street On Park Lane at Tudor Road,both approaches On Peachtree Lane at Seven Mile Drive [Added 3-8-20041 On Penny Lane at Abbey Road,eastbound approach On Perry Lane at Bundy Road On Pheasant Lane at Dove Drive,eastbound approach On Pheasant Lane at Dove Drive,westbound approach On Pinewood Place at its intersection with Birchwood Drive South [Added 3-8-20041 On Poole Road at Sheffield Road On Regency Lane at Snyder Hill Road On Renwick Heights Road at Renwick Drive On Renwick Place at its northerly intersection with East Shore Drive On Renwick Place at its southerly intersection with East Shore Drive On Rich Road at Coddington Road On Ridgecrest Road at East King Road On Roat Street at Hanshaw Road On Rosehill Road at Muriel Street On Rosehill Road at Winston Drive On St. Catherine Circle at Blackstone Avenue On St. Catherine Circle at Siena Drive On Salem Drive at Hanshaw Road On Sanctuary Drive at Sapsucker Woods Road On Sandra Place at Winthrop Drive On Sapsucker Woods Road at Hanshaw Road On Saranac Way at its north intersection with Whitetail Drive On Saranac Way at its south intersection with Whitetail Drive On Saunders Road at East King Road On Seven Mile Drive at Bostwick Road On Simsbury Drive at Brandywine Drive On Sky-Vue Road at Snyder Hill Road 250 Attachment 1:4 10-15-2004 VEHICLES AND TRAFFIC On Snyder Hill Road at its intersection with Pine Tree Road On Southwoods Drive at its intersection with East King Road [Added 3-8-20041 On Spruce Way at Coddington Road On Stone Quarry Road at King Road West On Strawberry Hill Road at Wildflower Drive On Sugarbush Lane at Snyder Hill Road On Summerhill Lane at Ellis Hollow Road On Sunnyview Lane at Terraceview Drive On Sycamore Drive at Pinewood Drive On Sycamore Drive at Salem Drive On Tareyton Drive at Rosehill Road,northbound approach On Tareyton Drive at Rosehill Road, southbound approach On Terraceview Drive at Honness Lane On Terraceview Drive at Towerview Drive,southeastbound approach On Teton Court at Whitetail Drive On Tudor Road at Park Lane On The Byway at its easterly intersection with Forest Home Drive On The Byway at its westerly intersection with Forest Home Drive On Townline Road at Sandbank Road On Updike Road at Coddington Road On Valley View Road at Elm Street Extension On Vera Circle at its northerly intersection with Woodgate Lane On Vera Circle at its southerly intersection with Woodgate Lane On West Haven Road at Elm Street Extension On Westview Road at Towerview Drive,northwestbound approach On Whitetail Drive at its intersection with East King Road On Whitetail Drive at its intersection with Troy Road On Wildflower Drive at Honness Lane On Winston Court at Salem Drive On Winston Court where the easterly end of the southerly portion of Winston Court running east and west intersects the easterly portion of Winston Court running north and south 250 Attachment 1:5 10-15-2004 ITHACA CODE On Winston Court where the southerly portion of Winston Court running east and west intersects the westerly portion of Winston Court running north and south On Winston Court at the northerly end of the middle portion of Winston Court which runs north and south On Winston Court at the southerly end of the middle portion of Winston Court which runs north and south On Winston Court at Winston Drive On Winston Drive at Salem Drive On Winthrop Drive at Warren Road On Whitetail Drive at its northerly intersection with Saranac Way, eastbound approach [Added 104-19991 On Whitetail Drive at Teton Court,westbound approach [Added 104-19991 On Woodgate Lane at Poole Road On Woolf Lane at its intersection with Dubois Road On Wyckoff Road at Renwick Drive 250 Attachment 1:6 10-15-2004 VEHICLES AND TRAFFIC 250 Attachment 2 Schedule B Yield Intersections [Adopted 4-12-19991 On the access road leading behind the Biggs Complex and Cayuga Medical Center at both of its intersections (northerly and southerly) with Harris B. Dates Drive [Amended 7-12-2004 by L.L.No. 7-20041 On Blackstone Avenue at Siena Drive On Brandywine Drive at Winthrop Drive On Eastern Heights Drive at Joanne Drive On Elm Street Extension at Culver Road On Grove Place at Grove Road On Hickory Place at Juniper Drive On Hickory Place at Pineview Terrace On Kendall Avenue at Pennsylvania Avenue On Landmark Drive at Eastern Heights Drive On the westerly branch of Northview Road at its southerly approach to the easterly branch of Northview Road On Orchard Street at Roat Street On Penny Lane at Abbey Road,westbound approach On Pinewood Place at Birchwood Drive North On Pineview Terrace at Juniper Drive On Sharlene Road at Snyder Hill Road On Sharlene Road at Tudor Road On Sunnyhill Lane at Harwick Road 250 Attachment 2:1 10-15-2004 Chapter 254 WATERCRAFT § 254-1.Definitions. § 254-4.Limits on operators under § 254-2.Vessel regulation zone. sixteen years of age. §254-3.Limits on operations of PWCs § 254-5.Limitations on noise levels. and specialty prop-craft. § 254-6.Applicability. § 254-7.Penalties for offenses. [HISTORY: Adopted by the Town Board of the Town of Ithaca 3-8-2004. Amendments noted where applicable.] GENERAL REFERENCES Noise—See Ch.184. Parks and recreation areas—See Ch.200. §254-1. Definitions. As used in this chapter, the following terms shall have the meanings indicated: CAYUGA LAKE— The whole of Cayuga Lake to its high water mark, all subsurface lands, and all streams, creeks, rivers, canals, inlets, and other waterways connected thereto, whether navigable or not,located in the Town of Ithaca. DAYTIME— One-half hour after sunrise to one-half hour before sunset. NIGHTTIME— One-half hour before sunset to one-half hour after sunrise. NON-MOTOR-POWERED VESSEL — A vessel powered by a force other than a motor, specifically wind or human muscle power, such as a canoe, kayak, paddle boat, crew boat, row boat,sailboat or sailboard. PERSONAL WATERCRAFT OR PWC — A vessel which uses an inboard motor powering a water jet pump as its primary source of motive power and which is designed to be operated by a person sitting, standing, or kneeling on, or being towed behind, the vessel,rather than in the conventional manner of sitting or standing inside the vessel. SHORELINE — Any location where the surface of Cayuga Lake meets land, including emergent islands and structures of all sorts, but not including wharves, docks, and similar structures made,placed or installed by any person or entity. SPECIALTY PROP-CRAFT — A vessel which is powered by an outboard motor or propeller-driven motor and which is designed to be operated by a person sitting, standing, or kneeling on, or being towed behind, the vessel, rather than in the conventional manner of sitting or standing inside the vessel. 254:1 10-15-2004 § 254-1 ITHACA CODE § 254-6 VESSEL — A vessel as defined in Subdivision 6 of§ 2 of the New York State Navigation Law or any successor or amendment to such subdivision and section. WATERCRAFT — Any vessel, vehicle, or contrivance intended, designed, or utilized for travel over or under water, and that is propelled by a motor or engine of any type, whether fueled by gasoline or otherwise. §254-2. Vessel regulation zone. A vessel regulation zone is established so that no watercraft shall exceed a speed of five miles per hour within 100 feet of any shoreline, dock, pier, raft, float, marked swimming area, or anchored, moored, floating or non-motorized vessel, or 10 miles per hour when between 100 feet and 500 feet of any shoreline, dock, pier, raft, float, marked swimming area, or anchored or moored vessel, or 45 miles per hour during the daytime and 25 mph during the nighttime when between 500 and 1500 feet of any shoreline, dock, pier, raft, float, marked swimming area or anchored, moored, floating or non-motorized vessel unless such vessel is being operated near such shore,dock, float,pier, raft, or anchored vessel for the purpose of enabling a person engaged in water skiing to take off or land. §254-3. Limits on operations of PWCs and specialty prop-craft. No person shall operate a PWC or a specialty prop-craft at any time before 10 a.m. or after the earlier of 8:00 p.m. or one-half hour before sunset. §2544. Limits on operators under sixteen years of age. No person under the age of 16 years may operate a PWC or specialty prop-craft unless he or she is: A. Accompanied by a parent or guardian; or B. Accompanied by an adult over the age of 18 years and: (1) Possesses a current and valid boating certificate issued by the State of New York, the United States Coast Guard, or an appropriate power squadron; or (2) Possesses a captain's license or New York State guide's license. §254-5. Limitations on noise levels. In no case shall the noise level of any watercraft, or any activities conducted from such watercraft,exceed 65 dBA during daytime and 55 dBA during nighttime. §254-6. Applicability. This chapter shall apply only to those portions of Cayuga Lake falling under the jurisdiction of the Town of Ithaca. 254:2 10-15-2004 § 254-7 WATERCRAFT § 254-7 §254-7. Penalties for offenses. A violation of this chapter shall be punishable as set forth in § 73-c of the New York State Navigation Law or any successor or amendment to such section. 254:3 10-15-2004 Chapter DL DISPOSITION LIST § DL-1.Disposition of legislation. The following is a chronological listing of legislation of the Town of Ithaca adopted since the publication of the Code, indicating its inclusion in the Code or the reason for its exclusion. [Enabling legislation which is not general and permanent in nature is considered to be non-Code material (NCM).] Information regarding legislation which is not included in the Code nor on this list is available from the office of the Town Clerk. The last legislation reviewed for the original publication of the Code was L.L. No. 3-2004,adopted 2-9-2004. §DL-1. Disposition of legislation. L.L.No. Adoption Date Subject Disposition 3-8-2004 Operation of watercraft Ch. 254 3-8-2004 Stop signs amendment Ch. 250, Art. III 4-2004 3-15-2004 Zoning Map amendment NCM 4-12-2004 Parking amendment Ch. 250,Art. III 5-2004 5-10-2004 Fees amendment Chs. 125 and 153 6-2004 6-7-2004 Subdivision of land Ch. 234 amendment 7-2004 7-12-2004 Adoption of Code Ch. 1,Art. I 8-2004 Zoning Map amendment NCM DL:1 10-15-2004