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INSTRUCTIONS
Town of Ithaca Code Supplement No. 12
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
Table of Contents, Table of Contents,
v—ix v—ix
228:1 —228:2 228:1 —228:25
234:9—234:10 234:9—234:10
234:10.1
239:1 —239:8 239:1 —239:8
250 Attachment 1:1 — 1:4 250 Attachment 1:1 — 1:5
250 Attachment 2:1 250 Attachment 2:1
261 Attachment 1:1 — 1:2 261 Attachment 1:1 — 1:2
270:97—270:98 270:97—270:98
270:98.1
270:115—270:116 270:115—270:116
270:116.1
DL:3 DL:3
Index Pages 1 —24 Index Pages 1 —24
Legislation,by number or date of adoption, included in this supplement: L.L. Nos. 10-2007; 1-
2008; 2-2008; 3-2008;4-2008; 5-2008;6-2008.
04-15-200&
TABLE OF CONTENTS
Tools for Finding Information—In addition to the municipality's legislation, this publication
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 sev-
eral individual pieces on a related topic. In that case, the individual pieces are arranged into arti-
cles 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 number of the chapter in
which the item of legislation is located and the location of the section 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 ti-
tles are carefully written so that,taken together,they may be considered as a summary of the con-
tent 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 chapters, without affecting the se-
quence of subsequent pages.
v 04-15-2008
ITHACA CODE
PART I: ADMINISTRATIVE LEGISLATION
1. General Provisions................................................................... 1:1
Article I-Adoption of Code
9. Appearance Tickets..................................................................9:1
14. Banking Transactions............................................................. 14:1
18. Citizen and Staff Advisory Committees................................. 18:1
20. Compensation.........................................................................20:1
Article I—Planning Board and Zoning Board of Appeals
23. Conservation Board................................................................ 23:1
28. Defense and Indemnification..................................................28:1
32. Ethics,Code of.......................................................................32:1
41. Health Insurance.....................................................................41:1
51. Notification of Information Security Breaches...................... 51:1
54. Ordinances,Publication of..................................................... 54:1
59. Public Works Department...................................................... 59:1
65. Records Management.............................................................65:1
69. Relocation Expenses...............................................................69:1
73. Residency Requirements........................................................ 73:1
84. Terms of Office...................................................................... 84:1
Article I-Supervisor
89. Town Board............................................................................ 89:1
PART II: GENERAL LEGISLATION
100. Adult Uses............................................................................ 100:1
A 04-15-2008
TABLE OF CONTENTS
104. Agricultural Assessments..................................................... 104:1
112. Animals................................................................................ 112:1
Article I—Dog Control and Licensing
121. Bingo.................................................................................... 121:1
125. Building Construction and Fire Prevention.......................... 125:1
129. Buildings,Unsafe................................................................. 129:1
148. Environmental Quality Review............................................ 148:1
153. Fees...................................................................................... 153:1
157. Flood Damage Prevention.................................................... 157:1
161. Freshwater Wetlands............................................................ 161:1
166. Games of Chance ................................................................. 166:1
173. Lighting,Outdoor................................................................. 173:1
175. Lock Boxes........................................................................... 175:1
184. Noise .................................................................................... 184:1
188. Notification of Defects......................................................... 188:1
192. Numbering of Buildings....................................................... 192:1
200. Parks and Recreation Areas.................................................. 200:1
205. Property Maintenance .......................................................... 205:1
210. Sewer Rents.......................................................................... 210:1
214. Sewer Use: Use of Public Sewers........................................214:1
215. Sewer Use: Rules, Regulations&Penalties of Board of
Public Works,City of Ithaca,NY, Re:Water Supply,
Sewage Disposal&Air Conditioning..................................215:1
vii 04-15-2008
ITHACA CODE
216. Sewer Use: Requirements for Contributors Into Joint
POTW................................................................................... 216:1
217. Sewer Use: Administration and Amendments.....................217:1
221. Signs.....................................................................................221:1
225. Sprinkler Systems.................................................................225:1
228. Stormwater Management and Erosion and Sediment
Control.................................................................................. 228:1
230. Streets and Sidewalks............................................................ 230:1
Article I—Excavations in Town Streets and Highways
Article H—Construction and Repair of Sidewalks
Article III—Hanshaw Road Walkway
234. Subdivision of Land............................................................. 234:1
239. Taxation................................................................................ 239:1
Article I—Senior Citizens Exemption
Article II—Alternative Veterans Exemption
Article III—Business Investment Exemption
Article N—Exemption for Certain Disabled Persons With Limited
Income
Article V—Exemption for Improvements to Property Made Pursuant
to Americans with Disabilities Act
Article VI—Historic Barn Exemption
243. Taxicabs...............................................................................243:1
250. Vehicles and Traffic............................................................. 250:1
Article I—East Hills Shopping Plaza
Article II—Vehicle Weight Limits
Article III—Parking;Stop and Yield Intersections
254. Watercraft.............................................................................254:1
256. Water Protection...................................................................256:1
Part 1—Cross-Connection Control
Part 2—Supplementary Cross-Connection Control
261. Water Rates..........................................................................261:1
viii 04-15-2008
TABLE OF CONTENTS
270. Zoning..................................................................................270:1
271. Zoning: Special Land Use Districts...................................... 271:1
APPENDIX
DISPOSITION LIST
INDEX
ix 04-15-2008
' Chapter 228
STORMWATER MANAGEMENT AND EROSION AND
SEDIMENT CONTROL
§228-1. Title. and sedimentation control
§228-2. Findings. plans.
§228-3. Purpose; objectives. §228-11.Maintenance, inspection, and
§228-4. Statutory authority. repair of stormwater
management practices.
§228-5. Definitions. §228-12. Effect on other provisions.
§228-6. Applicability. §228-13.Administration and
§228-7. Exemptions. enforcement.
§228-8. Administration. §228-14. Performance guarantee;
§228-9. Performance and design maintenance guarantee;
criteria. recordkeeping.
§228-10. Stormwater pollution §228-15. Enforcement; penalties for
prevention plans and erosion offenses.
[HISTORY: Adopted by the Town Board of the Town of Ithaca 2-11-2008 by L.L. No.
3-2008.1 Amendments noted where applicable.]
1
GENERAL REFERENCES
Environmental quality review—See Ch.148. Subdivision of land—See Ch.234.
Flood damage prevention—See Ch.157. Zoning—See Ch.270.
§228-1. Title.
This chapter shall be known as the "Stormwater Management and Erosion and Sediment
Control Law."
§228-2. Findings.
The Town Board of the Town of Ithaca finds the following:
A. Land development activities and increases in site impervious cover permanently alter the
hydrologic responses of local watersheds and increase stormwater runoff rates and
volumes, which in turn increase flooding, stream channel erosion and sediment transport
and deposition, and decrease groundwater recharge.
1. Editor's Note:This local law also repealed former Ch.228,Stormwater Management,adopted 9-11-2006 by L.L.No.
10-2006.
228:1 04-15-2008
§ 228-2 ITHACA CODE § 228-3
B. Stormwater runoff from developed areas contributes significant quantities of waterbome
pollutants to surface and groundwater sources, degrading water bodies, affecting public
and private water supplies, recreational uses, and threatening fish and other aquatic life.
C. The clearing and loss of vegetation, and the grading of the soil for development
purposes, particularly on moderate to steep slopes, can increase soil erosion, leading to
siltation of water bodies, decreasing their capacity to hold and transport water, and
degrading terrestrial and aquatic habitats.
D. Impervious surfaces and regraded land surfaces associated with development reduce the
infiltration of rainfall into the soil and the recharge of groundwater resources.
E. Improper design, construction, and implementation of stormwater and erosion control
facilities and practices can also increase stormwater runoff rates and volumes, leading to
increased flooding, stream channel erosion, sediment transport and deposition and overall
degradation to water bodies.
F. Substantial economic losses can result from these adverse impacts to the community
waters.
G. The southern end of Cayuga Lake, which includes that portion in the Town of Ithaca,
and which ultimately receives drainage water from land area in the Town, has been
placed on the New York State 2004 Section 303(d) List of Impaired Waters. This list
identifies sediment/silt and phosphorus as the major sources contributing to this
impairment.
H. Stormwater runoff, soil erosion, and nonpoint source pollution can be controlled and
minimized through the regulation of stormwater runoff quantity and quality from new
land development and redevelopment activities, through the use of both structural and
nonstructural practices.
I. It is in the public interest, and will minimize threats to the environment and to public
health and safety, to regulate stormwater runoff from land development activities within
the Town of Ithaca as provided in this chapter in order to control and minimize increases
in stormwater runoff rates and volumes, to provide for the recharge of groundwater
resources, and to control and minimize soil erosion, stream channel erosion, and nonpoint
source pollution associated with land development activities.
J. Town regulation of land development activities by means of establishing performance
standards governing stormwater management and site design will act to mitigate the
adverse effects associated with stormwater runoff, erosion and sedimentation from
development.
§228-3. Purpose; objectives.
The purpose of this chapter is to establish minimum stormwater management requirements
and controls to protect, maintain and enhance the health, safety, and general welfare of the
citizens of the Town and its natural environment, to protect and preserve the property of the
Town and of its residents, and to address the findings stated above in § 228-2, by achieving
the following objectives:
228:2 04-15-2008
STORMWATER MANAGEMENT AND EROSION AND
§ 228-3 SEDIMENT CONTROL § 228-5
A. Meet the requirements of minimum measures 4 and 5 of the New York State Department
of Environmental Conservation State Pollutant Discharge Elimination System (SPDES)
General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer
Systems (MS4s), Permit No. GP-02-02, as it may be amended from time to time, which
permit applies to the Town.
B. Require land development activities to conform to the substantive requirements of the
New York State SPDES General Permit for Construction Activities Permit No.
GP-02-01, as it may be amended from time to time.
C. Control and reduce stormwater runoff rates and volumes, in order to reduce or minimize
flooding, stream channel erosion, property damage, and to maintain the integrity of
stream channels and aquatic habitats.
D. Control and minimize soil erosion from land development activities and prevent the
transport of sediment to receiving water bodies.
E. Facilitate removal of pollutants in stormwater runoff so as not to degrade ground and
surface water quality.
F. Protect the biological, ecological, and other beneficial functions of water bodies, such as
streams, wetlands, lakes and reservoirs, from the adverse impacts of stormwater runoff.
G. Encourage groundwater recharge so as to maintain stream base flows, aquatic life, and
adequate water supplies.
H. Establish provisions for the long-term responsibility for and maintenance of stormwater
control facilities and practices to ensure that they continue to function as designed, are
maintained, and pose no threat to public safety.
I. Establish provisions to ensure there are adequate funding mechanisms, including
financial security or surety, for the proper review, inspection and long-term maintenance
of stormwater facilities and practices implemented pursuant to this chapter.
J. Establish provisions for the Town to recover all costs and expenses incurred by the Town
for any repairs it makes to stormwater management practices.
K. Establish administrative procedures for the submission, review, approval or disapproval
of stormwater management plans, and for the inspection of approved active development
projects, and long-term oversight of the stormwater control facilities and practices.
§2284. Statutory authority.
This chapter is adopted pursuant to the laws of the State of New York, including § 130,
Subdivision 15, of the Town Law, § 10, Subdivision 1(ii)(a)(9-a), (11) and (12) of the
Municipal Home Rule Law, and § 10, Subdivision 2 of the Municipal Home Rule Law.
§ 228-5. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
228:3 04-15-2009
§ 228-5 ITHACA CODE § 228-5
APPLICANT— A property owner or agent of a property owner who has filed an application
with the Town for a land development activity.
BASIC STORMWATER POLLUTION PREVENTION PLAN (SWPPP)— A plan for
controlling stormwater runoff and pollutants from a site during land development activities.
BUILDING— A structure having a roof supported by columns or by walls and intended for
shelter,housing,protection or enclosure of persons, animals or property.
CHANNEL— A natural or artificial watercourse with a definite bed and banks that conducts
continuously or periodically flowing water.
CLEARING— Any activity that removes vegetative surface cover from land.
DESIGN MANUAL— The New York State Department of Environmental Conservation's
New York State Stormwater Management Design Manual, as it may be revised from time to
time, that serves as the Town's official guide for stormwater management principles, methods
and practices.
DEVELOPER— A person, corporation, organization, agency or other entity undertaking
land development activities, or for whose benefit land development activities are carried out.
DEVELOPMENT— Actions that make a site or area available for use by physical alteration.
Development includes but is not limited to providing access to a site, clearing of vegetation,
grading, earth moving, mining, excavating, providing utilities and other services such as
parking facilities or stormwater management and erosion control systems, altering land forms,
or constructing a structure on land.
DRAINAGE AREA— A geographic area within which stormwater, sediments, or dissolved
materials drain to a particular receiving water body or to a particular point along a receiving
water body.
EROSION CONTROL MANUAL— The New York Standards and Specifications for
Erosion and Sediment Control manual (commonly known as the "Blue Book"), as it may be
revised from time to time, which is written by the Empire State Chapter of the Soil and Water
Conservation Society.
FARM— Any parcel of land which is used in the raising of agricultural products, such as
crops, livestock, poultry, and dairy goods. It includes structures necessary to the production
and storage of agricultural products and equipment and on-farm buildings used for preparation
or marketing of products produced, or derived from products produced, predominantly on the
farm property on which the building is located.
FINAL STABILIZATION— Final stabilization occurs when all soil disturbance activities
have ceased and a uniform, perennial vegetative cover with a density of 80% over the entire
pervious surface has been established, or other equivalent stabilization measures, such as
permanent landscape mulches, rock rip-rap or washed/crushed stone, have been applied on all
disturbed areas that are not covered by permanent structures, concrete or pavement.
FULL STORMWATER POLLUTION PREVENTION PLAN (SWPPP)— A plan for
controlling stormwater runoff and pollutants from a site during and after activities associated
228:4 04-15-2008
STORMWATER MANAGEMENT AND EROSION AND
§ 228-5 SEDIMENT CONTROL §228-5
with land development. Includes the basic SWPPP plus permanent postconstruction
stormwater management measures.
GRADING— Excavation or fill of material, including the resulting conditions thereof.
HOTSPOT— Land uses or activities with higher potential pollutant loadings than are found
in typical stormwater runoff, such as, but not limited to, auto salvage yards, auto fueling
facilities, fleet storage yards, commercial parking lots with high-intensity use, road salt
storage areas, commercial nurseries and landscaping facilities, outdoor storage of and loading
areas for hazardous substances, or marinas.
IMPERVIOUS COVER— Those surfaces, improvements and structures that cannot
effectively infiltrate rainfall, snowmelt and water, such as, but not limited to, building
rooftops, pavement, sidewalks, and driveways.
INFILTRATION— The process of percolating stormwater into the subsoil.
INTERMITTENT STREAM— A well-defined channel that contains water for only part of
the year, typically during winter and spring, and in direct response to a precipitation event. It
may be dry for a large part of the year.
LAND DEVELOPMENT ACTIVITY— All activities, including clearing, grubbing, grading,
excavating, stockpiling, importing or movement of fill, paving, installation of utilities, and
construction of buildings or structures, that result in soil disturbance, regardless of whether the
activities are for a new development or a redevelopment of land.
LANDOWNER— The legal or beneficial owner of land, including those persons or other
entities who hold the right to purchase or lease the land, or any other person or other entity
who holds proprietary rights in the land.
MAINTENANCE AGREEMENT— A legally recorded document that acts as a property
deed restriction, and which provides for long-term maintenance of stormwater management
practices.
PERENNIAL STREAM— A well-defined channel that contains water year-round during a
year of normal rainfall.
PHASING— Clearing a parcel of land in distinct pieces or parts, with the stabilization of
each piece completed before the clearing of the next.
POLLUTANT OF CONCERN— Sediment or a water quality measurement that addresses
sediment(such as total suspended solids, turbidity or siltation) and any other pollutant that has
been identified as a cause of impairment of any water body that will receive a discharge from
the land development activity.
PROJECT — Land development activity.
QUALIFIED INSPECTOR— A licensed professional engineer or a licensed landscape
architect who is knowledgeable in the principles and practices of erosion and sediment control
and stormwater management, or a certified professional in sediment and erosion control.
228:5 04-15-2008
§ 228-5 ITHACA CODE § 228-5
QUALIFIED LICENSED PROFESSIONAL— A licensed professional engineer who is -
knowledgeable in the principles and practices of erosion and sediment control and stormwater
management.
RECHARGE— The replenishment of underground water reserves.
REDEVELOPMENT— Reconstruction or modification of any existing previously developed
land containing impervious surfaces, where such reconstruction or modification involves soil
disturbance.
REDEVELOPMENT PROJECT— A project that entirely consists of redevelopment, or a
project that consists of a combination of redevelopment and new development.
SIMPLE EROSION AND SEDIMENTATION CONTROL PLAN— A plan for controlling
erosion and sedimentation from land development activities for certain small projects.
SEDIMENT CONTROL— Measures that prevent eroded sediment from leaving the site.
SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-02-01 — A permit
under the New York State Pollutant Discharge Elimination System (SPDES) issued to
developers of construction activities to regulate disturbance of one or more acres of land.
SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL
SEPARATE STORMWATER SEWER SYSTEMS GP-02-02— A permit under the New
York State Pollutant Discharge Elimination System (SPDES) issued to municipalities to
regulate discharges from municipal separate storm sewers for compliance with U.S.
Environmental Protection Agency-established water quality standards and/or to specify
stormwater control standards.
STABILIZATION— The use of practices that prevent exposed soil from eroding.
STOP-WORK ORDER— An order issued which requires that all work and activity on a site
be stopped.
STORMWATER— Rainwater, surface runoff, snowmelt and/or drainage.
STORMWATER MANAGEMENT— The use of structural or nonstructural practices that
are designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural
resources and the environment.
STORMWATER MANAGEMENT FACILITY— One or a series of stormwater
management practices installed, stabilized and operating for the purpose of controlling
stormwater runoff.
STORMWATER MANAGEMENT OFFICER— An employee or officer designated by the
Town Board to accept and review stormwater pollution prevention plans, forward the plans to
the applicable municipal board and inspect stormwater management practices.
STORMWATER MANAGEMENT PRACTICES— Measures, either structural or
nonstructural, that are the most effective, practical means of preventing flood damage and
preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff
and water bodies.
228:6 04-15-2008
STORMWATER MANAGEMENT AND EROSION AND
§ 228-5 SEDIMENT CONTROL § 228-6
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)— A plan for controlling
stormwater runoff and pollutants from a site during construction activities, and in some cases
also after construction activities. See also "full stormwater pollution prevention plan" and
"basic stormwater pollution prevention plan."
STORMWATER RUNOFF— Flow through or on the surface of the ground resulting from
precipitation.
STREAM— A natural watercourse containing flowing water at least part of the year. A
stream can be either intermittent or perennial.
SURFACE WATERS OF THE STATE OF NEW YORK— Lakes, ponds, impounding
reservoirs, springs, wells, rivers, streams, creeks, marshes, inlets, canals, and all other bodies
of surface water, natural or artificial, public or private (except those private waters that do not
combine or effect a junction with natural surface or underground waters), which are wholly or
partially within or bordering New York State or within its jurisdiction. Storm sewers and
waste treatment systems, including treatment ponds or lagoons which also meet the criteria of
this definition, are not waters of the state. This exclusion applies only to manmade bodies of
water which neither were originally created in waters of the State (such as a disposal area in
wetlands)nor resulted from impoundment of waters of the State.
TOTAL MAXIMUM DAILY LOAD (TMDL)— A TMDL is the sum of the allowable loads
of a single pollutant from all contributing point and nonpoint sources. It is a calculation of the
maximum amount of a pollutant that a water body can receive on a daily basis and still meet
water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL
stipulates wasteload allocations for point source discharges, load allocations for nonpoint
sources, and a margin of safety.
WATERCOURSE— A stream or other body of water, either natural or man-made, which
gathers or carries surface water.
WATERSHED— Total drainage area contributing runoff to a given point along a
watercourse.
WETLAND— Any area that is inundated or saturated by surface water or groundwater at a
frequency and duration sufficient to support, and that under normal circumstances do support,
a prevalence of vegetation typically adapted for life in saturated soil conditions.
§228-6. Applicability.
A. This chapter shall be applicable to all land development activities that exceed any of the
thresholds below, unless exempt pursuant to § 228-7. No person or other entity shall
undertake any land development activity without first meeting the requirements of this
chapter.
B. Notwithstanding the foregoing, all stormwater management practices associated with land
development activities that do not exceed the thresholds below or are otherwise exempt
from the requirements of this chapter shall be maintained in good working condition and
kept in good repair by the landowner and any owner and/or operator of the stormwater
228:7 04-15-2008
§ 228-6 ITHACA CODE § 228-6
management practices. The enforcement provisions, penalties and other provisions of
§228-15 shall apply to any violations of this Subsection B's requirements.
C. This chapter defines three levels of plans. Depending on the area of disturbance and
other criteria listed below, certain land development activities will require either:
(1) A full SWPPP with both erosion and sediment control and postconstruction water
quality and quantity controls; or
(2) A basic SWPPP with erosion and sediment control; or
(3) A simple erosion and sedimentation control plan.
D. Any of the following activities require a full SWPPP with both erosion and sediment
control and postconstruction water quality and quantity controls:
(1) Any land development activity with an area of disturbance greater than one acre
that will directly discharge a pollutant of concern to either an impaired water body
identified on the New York State Department of Environmental Conservation's
303(d) list of impaired waters, or a watershed for which a total maximum daily
load is required, for which pollutants in stormwater have been identified as a
source of the impairment.
(2) Any land development activity with an area of disturbance of one acre or more and
less than five acres, other than for construction of one- or two-family dwellings.
(3) Any land development activity with an area of disturbance of five acres or more.
(4) Any land development activity that will create 10,000 square feet or more of
impervious cover, other than for the construction of one-or two-family dwellings.
(5) Any land development activity that is part of a larger common plan of
development or sale, which common plan in total will meet or exceed any of the
thresholds listed in Subsection D(1), (2), (3) or (4) above, even though multiple
separate and distinct land development activities may take place at different times
on different schedules.
E. Any of the following activities require a basic SWPPP with erosion and sediment control,
if the project is not subject to a full SWPPP pursuant to Subsection D above:
(1) Any land development activity with an area of disturbance of one acre or more and
less than five acres.
(2) Any land development activity that involves excavation or filling, or a combination
of excavation and filling, of 250 cubic yards or more of fill, sod, loam, sand,
gravel, stone or similar materials.
(3) Any land development activity with an area of disturbance of less than one acre of
total land area that is part of a larger common plan of development or sale, even
though multiple separate and distinct land development activities may take place at
different times on different schedules.
228:8 04-15-Zoos
STORMWATER MANAGEMENT AND EROSION AND
§ 228-6 SEDIMENT CONTROL § 228-7
F. The following activities require a simple erosion and sedimentation control plan, if the
project is not subject to a full or basic SWPPP pursuant to Subsections D or E above:
(1) Any land development activity with an area of disturbance of 10,000 square feet or
more and less than one acre, unless the activity meets all of the following criteria:
(a) The activity takes place on level grade(less than 2% slope).
(b) The activity does not take place within 20 feet of a roadside ditch.
(c) The activity does not take place within 50 feet of a stream or wetland.
(d) The activity is surrounded by no less than a fifty-foot wide perimeter of
woody or grass vegetation that will remain undisturbed.
(2) Any land development activity that involves excavation or filling, or a combination
of excavation and filling, resulting in the movement of more than 50 but less than
250 cubic yards of fill, sod, loam, sand, gravel, stone or similar materials, unless
the activity meets all of the following criteria:
(a) The activity takes place on level grade (less than 2% slope).
(b) The activity does not take place within 20 feet of a roadside ditch.
(c) The activity does not take place within 50 feet of a stream.
(d) The activity is surrounded by no less than a fifty-foot wide perimeter of
woody or grass vegetation that is to remain undisturbed.
(3) Any activity that involves the laying, replacing, or enlarging of an underground
pipe or other underground facility for a distance of 300 feet or more.
(4) The disturbance of the vegetative cover of a road ditch, drainage swale or other
channel, for a distance of 30 feet or more.
(5) Any land development activity, regardless of size, that the Town Engineer, Code
Enforcement Officer, or Director of Planning determines likely to cause adverse
impacts to an environmentally sensitive area (including, but not limited to,
wetlands, steep slopes, swimming beaches, fisheries, and important habitats), or
may violate any other stormwater control standards set forth in this chapter.
§228-7. Exemptions.
The following activities are exempt from review under this chapter:
A. Lawful farm operations on lands the principal use of which is as a farm, if the farm
operations: occupy three acres or more of land; or occupy less than three acres of land
and are located within a county agricultural district created under the provisions of
Article 25-AA of the New York State Agriculture and Markets Law. Notwithstanding the
foregoing, this term shall not include the construction of new structures associated with
such farm operations.
228:9 04-15-2008
§ 228-7 ITHACA CODE § 228-8
B. Logging activity undertaken pursuant to an approved timber harvesting plan prepared by
the New York State Department of Environmental Conservation, or a New York State
Cooperating Forester, which is to be made available on site for review by the Town and
in which recommended best management practices for water quality protection have been
developed and are implemented, except that landing areas and log haul roads are subject
to this chapter.
C. Land development activities for which a permit or final approval has been issued on or
before the effective date of this chapter, where such permit or final approval remains
valid and substantial construction has been undertaken, except the Town may require
erosion and sedimentation control measures consistent with this chapter.
D. Cemetery graves.
E. Installation of fence, sign, telephone, and electric poles, mailbox and newspaper posts,
and other kinds of posts or poles, not including structural pilings, that will not alter
existing terrain or drainage patterns.
F. Emergency activity immediately necessary to protect life, property or natural resources as
authorized by the Stormwater Management Officer and/or as the situation dictates.
G. Activity of an individual engaging in home gardening by growing flowers, vegetables,
and other plants primarily for use by that person and his or her family.
H. Maintenance of landscaping or lawn areas associated with a one- or two-family dwelling.
§228-8. Administration.
A. The Town Board designates the Town Engineer as the Stormwater Management Officer
for the purposes of this chapter.
B. The Planning Department will receive all stormwater pollution prevention plans that are
subject to review and approval by the Town of Ithaca Planning Board or Zoning Board
of Appeals, and forward such plans to the Town Engineer for review and a determination
of whether the SWPPP complies with the requirements of this chapter.
C. Applicants for all land development activities not subject to review and approval by the
Town of Ithaca Planning Board or Zoning Board of Appeals shall be required to submit
any required SWPPP or erosion and sedimentation control plan to the Stormwater
Management Officer, or his or her designee, who shall have responsibility for reviewing
and approving the plan if it is determined to comply with the requirements of this
chapter.
D. Nothing in this chapter supersedes an applicant's obligation to obtain permit coverage
from the New York State Department of Environmental Conservation, as described in the
SPDES General Permit for Stormwater Discharges from Construction Activity
(GP-02-01). For activities that require full or basic SWPPPs, the applicant must also
submit a notice of intent and SWPPP to the New York State Department of
Environmental Conservation. The applicant shall also send a copy of the notice of intent
and notice of termination to the Town.
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§228-9. Performance and design criteria.
A. Technical standards.
(1) All full and basic SWPPPs and simple erosion and sedimentation control plans
shall contain appropriate stormwater management practices that are designed and
constructed in accordance with the standards set forth in the Design Manual and
Erosion Control Manual.
(2) The use and implementation of stormwater credits. The New York State
Department of Environmental Conservation has identified nonstructural stormwater
management practices which qualify as stormwater credits that can reduce the
water quality treatment volume and the water quantity/stream channel protection
volume required for projects requiring a full SWPPP. Such nonstructural
stormwater management practices are described in the DEC document entitled
"The Use and Implementation of Stormwater Credits." The Town encourages the
use of such nonstructural stormwater management practices to minimize reliance
on structural stormwater management measures, and the Town will allow the
applicant to utilize stormwater credits if the following requirements are met:
(a) These practices must be reviewed and approved by the Town of Ithaca before
the credit can be taken.
(b) These practices must be implemented as described in "The Use and
Implementation of Stormwater Credits" document, as it may be revised from
time to time, or as described in any successor document issued by DEC.
B. Better site design requirements for full SWPPPs. For projects requiring a full SWPPP,
stormwater management objectives must also incorporate nonstructural stormwater
management practices into the project design as specified below. The New York State
Department of Environmental Conservation has identified a set of "better site design
practices" (several of which overlap with the stormwater credits above), which can
reduce the impacts of a project, and also often reduce costs. Many of these practices will
result in smaller required stormwater treatment and storage volumes.
(1) Projects requiring a full SWPPP must apply a minimum of two of these
techniques/practices.
(2) If the applicant contends that the minimum number of practices cannot be
incorporated into the project design due to site limitations, the applicant must
explain and justify such limitations to the satisfaction of the Board responsible for
project review and approval.
C. Water quality standards. All land development activities must comply with New York
State water quality standards, whether or not a project is subject to this chapter. These
standards are enforceable by the New York State Department of Environmental
Conservation and include the following prohibitions:
(1) Any land development activity shall not cause an increase in turbidity that will
result in substantial visible contrast to natural conditions in surface waters of the
State of New York.
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(2) Any land development activity shall not cause a flow alteration that will impair
surface waters of the State of New York for their best usages.
D. General standards.
(1) Developers and landowners must avoid and minimize disturbance of wetlands,
stream corridors, and surface waters to the maximum extent practicable at the
project site, and obtain the relevant state or federal permits if a disturbance will
take place. Land development activities shall not discharge untreated stormwater
directly into a natural wetland or water body without adequate treatment, nor
modify natural wetlands for stormwater impoundment. To the extent possible, a
buffer must be maintained between land development activities (including the
placement of silt fencing) and wetland boundaries, stream banks, or lake or pond
shorelines.
(2) The groundwater recharge capacity of an area being developed shall, to the
maximum extent possible, be maintained where site conditions permit. The use of
structural and nonstructural methods, reduction of impervious surfaces, and use of
permeable pavement, where appropriate, are encouraged.
(3) Notwithstanding Subsection D(2) above, stormwater discharges from land uses or
activities with higher potential pollutant loadings, known as "hotspots," shall not
infiltrate into groundwater unless sufficient water quality treatment is provided to
avoid potential water supply contamination.
(4) Redevelopment projects often make more efficient use of the land, and may reduce
overall impacts to natural areas. Alternatives to the technical standards required by
this chapter may be appropriate for certain redevelopment projects. The Design
Manual describes alternative methods and sizing requirements for redevelopment
projects. For those projects that the Stormwater Management Officer determines
meet the definition of a redevelopment project and for which he or she determines
flexibility of standards is appropriate, the applicant may use such alternative
standards.
E. Equivalence to technical standards. Where stormwater management practices are not in
accordance with the technical standards set forth in § 228-9A above, the applicant or
developer must demonstrate equivalence to such technical standards, and any SWPPP
must be prepared by a qualified licensed professional and approved by both the Town
and New York State Department of Environmental Conservation.
§ 228-10. Stormwater pollution prevention plans and erosion and sedimentation control
plans.
A. Plan requirements. No application for approval of a land development activity shall be
reviewed or considered until any required SWPPP or erosion and sedimentation control
plan, prepared in accordance with the specifications of this chapter, is submitted to the
Town of Ithaca and deemed acceptable by the Stormwater Management Officer, or his or
her designee.
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B. Contents of a simple erosion and sedimentation control plan. All simple erosion and
sedimentation control plans shall provide the following:
(1) The names, addresses, and telephone numbers of the landowner(s) and the
developer(s), and the address or Tax Map number of the proposed project site.
(2) Written description of the project, existing site conditions, and conditions at
adjacent areas in relation to potential erosion and sediment problems, including
locations of on-site and adjacent off-site surface water(s).
(3) A location map or drawing showing the total site area, including areas to be
disturbed and areas of land that will not be disturbed.
(4) List of erosion and sedimentation control practices to be implemented, with
maintenance procedures and revegetation plan.
(5) Map showing location of practices to be used for erosion and sedimentation
control.
C. Contents of a basic SWPPP. All basic SWPPPs shall provide the following:
(1) The names, addresses, and telephone numbers of the landowner(s) and the
developer(s), and the Tax Map number for the parcel(s)being developed.
(2) Written description of the project, existing site conditions, and conditions at
adjacent areas in relation to potential erosion and sediment problems, including
locations of on-site and adjacent off-site surface water(s).
(3) A map showing the delineation of the watershed boundaries in which the project is
sited.
(4) Site maps and construction drawing(s) for the project, including a general location
map. At a minimum, the site map must show, at a scale no smaller than one inch
equals 100 feet (e.g., one inch equal 500 feet is smaller than one inch equals 100
feet):
(a) The total site area.
(b) All proposed development elements, including, but not limited to, structures
and roads.
(c) Areas of land disturbance.
(d) Areas of land that will not be disturbed.
(e) Areas of pre-existing and proposed vegetative cover.
(f) Locations of on-site and adjacent off-site surface water(s).
(g) Wetlands and drainage patterns that could be affected by the land
development activity.
(h) Areas of existing and proposed final slopes.
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§228-10 ITHACA CODE § 228-10
(i) Locations of off-site material, waste, borrow or equipment storage areas.
(j) Location(s) of the stormwater management practices and stormwater
discharge(s).
(5) Description of the existing soil(s) present at the site, vegetative surface cover, and
site impervious cover present.
(6) A land development plan describing the intended sequence of construction
activities, including clearing and grubbing, excavation and grading, utility and
infrastructure installation and any other activity at the site that results in soil
disturbance. Consistent with the Erosion Control Manual, not more than three acres
shall be disturbed at any one time, unless such disturbance is pursuant to an
approved SWPPP.
(7) Description of the pollution prevention measures that will be used to control litter,
construction chemicals and construction debris from becoming a pollutant source
in stormwater runoff.
(8) Description of the type, quantities, and size of, and disposal methods for,
construction and waste materials expected to be stored on site, and a description of
controls to reduce pollutants released from these materials, including storage
practices to minimize exposure of the materials to stormwater.
(9) Temporary and permanent structural and vegetative measures to be used for soil
stabilization, runoff control and sediment and erosion control for each stage of the
project, from initial land clearing and grubbing to project closeout, to include a
landscaping and vegetation plan describing existing woody and herbaceous
vegetation to be preserved and proposed landscaping to be installed.
(10) A site map/construction drawing(s) specifying the location(s), size(s) and length(s)
of each erosion and sediment control practice shown on drawings with a minimum
scale of 1:50.
(11) Dimensions, material specifications and installation details for all erosion and
sediment control practices, including the siting and sizing of any temporary
sediment and stormwater runoff catch basins, with details shown on drawings with
a minimum scale of 1:50.
(12) A list of each erosion control facility, if any, that will be converted from temporary
to permanent control measures.
(13) For each phase of development, submission of a separate and distinct plan for
stormwater erosion and sedimentation control, including the sequencing plan.
(14) Implementation schedule for the staging and sequencing of temporary erosion and
sediment control practices, including the timing of initial placement and duration
that each practice will remain in place.
(15) Maintenance and operating procedures and schedules to ensure continuous and
effective operation of the erosion and sediment control practices.
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§228-10 SEDIMENT CONTROL § 228-10
(16) The name or location and description of any surface waters that will receive
stormwater runoff and/or sedimentation from the proposed project site.
(17) Description of structural practices designed to divert flows away from exposed
soils, store flows, or otherwise limit runoff and the discharge of pollutants from
exposed areas of the site to the degree attainable.
(18) Any existing site data that describes the stormwater runoff at the site.
D. Contents of a full SWPPP. All full SWPPPs shall provide the following:
(1) All information required in the basic SWPPP described in §228-10C above.
(2) A summary section including a narrative describing each control structure, its
purpose, and how the selected controls will be appropriate and effective for the
given conditions and proposed project.
(3) A drainage area map showing the pre- and postconstruction watershed boundaries,
drainage area and stormwater flow paths, including municipal drainage system
flows.
(4) Comparison of postdevelopment stormwater runoff conditions with
predevelopment conditions. Such calculations shall include:
(a) Evaluation of the design storm frequency, intensity and duration for the two-,
ten-, twenty-five-, and one hundred-year storm event.
(b) Time of concentration.
(c) Soil runoff curve number (RCN) based on land use and soil hydrologic
group.
(d) Peak runoff rates and total runoff volumes for each watershed area, including
upstream, off-site contributing areas.
(e) Infiltration rates, where applicable.
(f) Culvert capacities.
(g) Flow velocities.
(h) Data on the increase in rate and volume of runoff for the specified design
storms.
(i) Documentation of sources for all computation methods and field test results.
(5) Hydrologic and hydraulic analysis for all structural components of the stormwater
management system for the applicable design storm.
(6) Calculations for sizing stormwater management facilities and practices using the
following four unified stormwater sizing criteria as described in the Design
Manual:
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§228-10 ITHACA CODE §228-10
(a) Water quality volume.
(b) Stream channel protection volume requirements.
(c) Overbank flood control criteria.
(d) Extreme flood control criteria.
(7) Description of each permanent postconstruction stormwater management practice.
(8) Site map/construction drawing(s) showing the specific location(s) and size(s) of
each permanent postconstruction stormwater management practice.
(9) Dimensions, material specifications and installation details for each permanent
postconstruction stormwater management practice, including site/construction
drawing(s) specifying the location(s), size(s) and length(s) of each stormwater
management practice.
(10) Site map/construction drawing(s) specifying the location(s), size(s) and length(s) of
each erosion and sediment control practice.
(11) Description of the nonstructural measures (minimum of two) from the New York
State Department of Environmental Conservation's Better Site Design manual that
will be used on the site to reduce impacts on the watershed, or an explanation of
why such measures are not feasible on the site.
(12) Description and calculations for the use and implementation of any stormwater
credits sought to be incorporated into the SWPPP pursuant to §228-9A(2).
(13) Maintenance and operating procedures and schedules to ensure continuous and
effective operation of each permanent postconstruction stormwater management
practice.
(14) Postdevelopment downstream analysis, if deemed necessary by the Stormwater
Management Officer.
E. Plan certification.
(1) A full SWPPP must be prepared by a qualified licensed professional and must be
signed by the professional preparing the plan, who shall certify that the design of
all stormwater management practices meets the requirements in this chapter and
New York State law.
(2) A basic SWPPP does not require professional certification. However, the SWPPP
must follow the standards and specifications in the Erosion Control Manual as
described in §228-9.
(3) A simple erosion and sedimentation control plan does not require professional
certification. However, the plan must follow the standards and specifications in the
Erosion Control Manual as described in §228-9.
F. Certification.
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§ 228-10 SEDIMENT CONTROL § 228-11
(1) Each contractor and subcontractor who will be involved in soil disturbance and/or
stormwater management practice installation shall sign a certification statement
provided by the Town before undertaking any land development activity. If no
contractor is involved in soil disturbance and/or stormwater management practice
installation, then said statement shall be signed by the owner and any developers
before any land development activities are undertaken. Said certification statement
shall certify under penalty of law that the signatory understands and agrees to
comply with the terms and conditions of the relevant stormwater pollution
prevention plan or erosion and sedimentation control plan, and that the signatory
understands it is unlawful for any person to cause or contribute to a violation of
water quality standards established by New York State or any other governmental
authority.
(2) The certification must include the name and title of the person providing the
signature, address and telephone number of the contracting firm, the address (or
other identifying description) of the site, and the date the certification is made.
(3) The certification statement(s) shall become part of the SWPPP or simple erosion
and sedimentation control plan for the land development activity.
G. A copy of the basic and full SWPPP shall be retained at the site of the land development
activity during construction from the date of initiation of construction activities until the
date of final stabilization.
§228-11. Maintenance,inspection, and repair of stormwater management practices.
A. Maintenance and inspection during construction.
(1) The developer and landowner of the land development activity shall at all times
properly operate and maintain all stormwater management practices and systems of
treatment and control (and related appurtenances) to achieve compliance with the
requirements of this chapter. Sediment shall be removed from sediment traps or
sediment ponds whenever their design capacity has been reduced by 50%.
(2) For land development activities meeting any of the thresholds described in
§228-61) (full SWPPP required):
(a) The developer and landowner shall have a qualified inspector or someone
working under the direct supervision of the qualified inspector conduct site
inspections and document the effectiveness of all erosion and sediment
control practices every seven days and within 24 hours of any storm event
producing 0.5 inch of precipitation or more. Inspection reports shall be
signed by the qualified inspector and submitted within one week of the
inspection date to the Stormwater Management Officer and also copied to the
site logbook, which shall be maintained on site during construction from the
date of initiation of construction activities until the date of final stabilization.
(b) A qualified inspector shall submit to the Town an initial inspection report
prior to the commencement of any land development activities. This report
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§228-11 ITHACA CODE § 228-11
shall document whether the initial sediment and erosion control practices
have been installed correctly and are functional. The report shall include the
name and contact information of, and be signed by, the qualified inspector.
(3) For land development activities meeting any of the thresholds described in
§228-6E (basic SWPPP required):
(a) The developer and landowner or his or her representative shall inspect and
document the effectiveness of all erosion and sediment control practices.
Inspection reports shall be completed every seven days and within 24 hours
of any storm event producing 0.5 inch of precipitation or more. Inspection
reports shall be submitted within one week of the inspection date to the
Stormwater Management Officer and also copied to the site logbook, which
shall be maintained on site during construction from the date of initiation of
construction activities until the date of final stabilization.
(b) A qualified inspector, developer, landowner or his or her representative shall
submit to the Town an initial inspection report, prior to the commencement
of any land development activities. This report shall document whether the
initial sediment and erosion control practices have been installed correctly
and are functional. This report shall include the name and contact information
of, and be signed by, the qualified inspector, developer, landowner, or his or
her representative.
B. Maintenance after construction. The landowner and the owner and the operator of
permanent stormwater management practices installed in accordance with this chapter
shall operate and maintain such practices in compliance with the requirements in the full
SWPPP and to achieve the goals of this chapter. Proper operation and maintenance of the
permanent stormwater management practices includes,but is not limited to the following:
(1) A preventive/corrective maintenance program for all stormwater management
practices which are installed or used by the developer, landowner, or owner or
operator of the stormwater management practices in order to achieve the
requirements of this chapter.
(2) Written procedures for operation and maintenance of any stormwater management
practices, together with written procedures for the training of new maintenance
personnel.
(3) Operation of the stormwater management practices in a manner so that discharges
from the stormwater facility do not exceed design criteria or cause or contribute to
water quality standard violations in accordance with §228-9C.
C. Right-of-way and easement for Town inspections and maintenance. Where at least one
stonnwater management practice is required as part of a project's approval, prior to the
issuance of any building permit, the landowner must execute a right-of-way and
easement that shall be binding on all subsequent landowners. The right-of-way and
easement shall provide for Town access to the stormwater management practices for
inspections, and possible maintenance, by the Town to ensure that the stormwater
management practices are maintained in proper working condition to meet design
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§228-11 SEDIMENT CONTROL §228-13
standards and any other provisions established by this chapter. After review and approval
by the attorney for the Town, the right-of-way and easement shall be recorded by the
grantor in the office of the Tompkins County Clerk, and noted on the subdivision plat (if
applicable).
D. Stormwater management practices operation and maintenance agreements. Where at least
one stormwater management practice is required as part of a project's approval, prior to
the issuance of any building permit, or, in the discretion of the Planning Board, any
certificate of occupancy, the landowner must receive the Town Board's approval of a
formal operation and maintenance agreement for stormwater management practices that
is binding on all subsequent landowners, and recorded in the office of the Tompkins
County Clerk as a deed restriction on the property. In lieu of an operation and
maintenance agreement, the Town may, in its sole discretion, accept dedication of any
existing or future stormwater management practice, provided such practice meets all the
requirements of this chapter and includes adequate and perpetual access and sufficient
area,by easement or otherwise, for inspection and regular maintenance.
§228-12. Effect on other provisions.
Where any provision of federal, state, county, or Town statutes, codes, or laws conflicts with
any provision of this chapter, the most restrictive provision shall govern except where
preempted by state or federal law. Nothing in this chapter shall be construed to affect the
applicability of extraction and fill requirements in Town Code §270-217.
§228-13. Administration and enforcement.
A. Construction inspection.
(1) Erosion and sediment control inspection (for full SWPPPs, basic SWPPPs, and
simple erosion and sedimentation control plans).
(a) The Stormwater Management Officer may require such inspections as
necessary to determine compliance with this chapter and may either approve
that portion of the work completed or notify the landowner and developer
wherein the work fails to comply with the requirements of this chapter, the
approved SWPPP, or the approved erosion and sedimentation control plan.
The developer and landowner or his or her representative shall notify the
Stormwater Management Officer or his or her designee at least 48 hours
before any of the following activities, which require inspections:
[1] After sediment and erosion control measures have been installed and
before commencement of any land development activities.
[2] Close of the construction season.
[3] Successful establishment of landscaping.
(b) Additionally, the Town may also conduct random inspections during all
phases of construction. If any violations are found, the landowner and
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§228-13 ITHACA CODE § 228-13
developer shall be notified of the nature of the violation and the required
corrective actions. The Stormwater Management Officer may direct that no
further work be conducted, except for site stabilization, until all violations are
corrected and all work previously completed has received approval by the
Stormwater Management Officer.
(2) Inspection of stormwater management practices during project construction (for
full SWPPP). The Town of Ithaca Stormwater Management Officer or his or her
designee is responsible for conducting inspections of stormwater management
practices required by a full SWPPP. If any violations are found, the landowner and
developer shall be notified of the nature of the violation and the required corrective
actions. The Stormwater Management Officer may direct that no further work be
conducted, except for site stabilization, until all violations are corrected and all
work previously completed has received approval by the Stormwater Management
Officer.
B. Inspection of stormwater management practices after project completion.
(1) All landowners are required to submit as-built plans for any stormwater
management practices located on site after final construction is completed. The
plan must show the final design specifications for all stormwater management
practices and must be certified by a professional engineer.
(2) Inspections of stormwater management practices required by a full SWPPP shall
occur on any reasonable basis, including but not limited to: routine inspections;
random inspections; inspections based upon complaints or other notices of possible
violations; inspection of drainage basins or areas identified as having higher levels
of sediment or other contaminants or pollutants than would be typical for such
basins or areas; inspections of businesses or industries of a type associated with
higher-than-usual discharges of contaminants or pollutants or with discharges of a
type which are more likely than the typical discharge to cause violations of state or
federal water or sediment quality standards or the SPDES stormwater permit; and
joint inspections with other agencies inspecting under environmental or safety
laws. Inspections may include, but are not limited to: reviewing maintenance and
repair records; sampling discharges, surface water, groundwater, and material or
water in drainage control facilities; and evaluating the condition of drainage
control facilities and other stormwater management practices. Inspections may be
performed by the Stormwater Management Officer or a designee(s).
(3) If any violations are found, the Town may issue a notice of violation pursuant to
§ 228-15 or take other actions as authorized by this chapter.
C. Submission of reports. The Town of Ithaca Stormwater Management Officer may require
additional monitoring and reporting from entities subject to this chapter as are necessary
to determine compliance with this chapter.
D. Town right of entry for inspection. When any new stormwater management practice is
installed or used on private property or when any new connection is made between
private property and the public stormwater system, the Town may require the landowner
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STORMWATER MANAGEMENT AND EROSION AND
§ 228-13 SEDIMENT CONTROL § 228-15
to grant to the Town of Ithaca the right to enter the property at reasonable times and in a
reasonable manner for the purpose of inspections.
§228-14. Performance guarantee; maintenance guarantee; recordkeeping.
A. Construction completion guarantee. In order to ensure the full and faithful completion of
all land development activities in compliance with all SWPPP requirements, the Town
may require the applicant, developer or landowner to provide, prior to the
commencement of development, a performance bond, cash escrow, or irrevocable letter
of credit from an appropriate financial or surety institution which guarantees satisfactory
completion of the project and names the Town of Ithaca as the beneficiary. The security
shall be in an amount to be determined by the Town Board or Planning Board based on
submission of final design plans, with reference to actual construction and landscaping
costs. The performance guarantee shall remain in force until the surety is released from
liability by the Town of Ithaca, provided that such period shall not be less than one year
from the date of final acceptance or such other certification that the stormwater
management practices have been constructed in accordance with the approved plans and
specifications and that a one-year inspection has been conducted and the stormwater
management practices have been found to be acceptable to the Town of Ithaca. Per
annum interest on cash escrow deposits shall be reinvested in the account until the surety
is released from liability.
B. Maintenance guarantee. Where stormwater management practices and/or erosion and
sediment control practices (collectively referred to in this Subsection B as "practices")
are to be operated and maintained by any person or entity other than the Town, the
applicant, developer, landowner, or owner or operator of the practices may be required to
provide the Town of Ithaca, prior to the commencement of development, with an
irrevocable letter of credit from an approved financial institution or surety to ensure
proper operation and maintenance of the practices both during and after construction, and
until the practices are removed from operation. If the applicant, developer, landowner, or
owner or operator of the practices fails to properly operate and maintain them, the Town
of Ithaca may draw upon the account to cover the costs of proper operation and
maintenance, including engineering, legal and inspection costs.
C. Recordkeeping. The Town of Ithaca may require entities subject to this chapter to
maintain and provide to the Town, as specified by the Town, records demonstrating
compliance with this chapter.
§ 228-15. Enforcement; penalties for offenses.
A. Notice of violation.
(1) When the Town of Ithaca determines that the requirements of this chapter are not
being met, it may issue a written notice of violation to the landowner and, in the
discretion of the Town, to any applicant, developer, or owner or operator of
stormwater management practices. The notice of violation shall contain:
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§228-15 ITHACA CODE § 228-15
(a) The name and address of the landowner and of any applicant, developer, or
owner or operator of the stormwater management practices receiving the
notice of violation.
(b) The address, when available, or a description of the building, structure or
land upon which the violation is occurring.
(c) A statement specifying the nature of the violation.
(d) A description of the remedial measures necessary to bring the violation into
compliance with this chapter and a time schedule for the completion of such
remedial action.
(e) A statement of the fines and penalties applicable to such violations.
(2) If the remedial measures are not completed to the satisfaction of the Town's
Stormwater Management Officer within the period set forth in the Town's notice of
violation, the Town may enter the property to undertake the remedial measures or
cause them to be made. The Town's entry onto such private property shall be
pursuant to an agreement between the Town and landowner. If no agreement exists
or can be obtained in a timely manner, the Town may enter such property to
remove an imminent danger to life, property or safety of the public caused by the
inadequate operation or repair of the stormwater management practices.
(3) The Town shall present the landowner with a bill for all costs and expenses
incurred by the Town in connection with the remedial measures. If the landowner
shall fail to pay such costs and expenses within 10 days after the demand for same,
or within 30 days of the final decision on any administrative or judicial contest the
landowner may pursue, then such unpaid costs, expenses and interest at the per
annum rate of 9% incurred from the date of the remedial measures shall constitute
a lien upon the land on which the stormwater management practices are located. A
legal action or proceeding may be brought to collect such costs, expenses, interest,
and recoverable attorney's fees, or to foreclose such lien. As an alternative to the
maintenance of any such action, the Town may file a certificate with the Tompkins
County Department of Assessment stating the costs and expenses incurred and
interest accruing as aforesaid, together with a statement identifying the property
and landowner. The Tompkins County Department of Assessment shall, in the
preparation of the next assessment roll, assess such unpaid costs, expenses and
interest upon such property. Such amount shall be included as a special ad valorem
levy (administered as a move tax) against such property, shall constitute a lien, and
shall be collected and enforced in the same manner, by the same proceedings, at
the same time, and under the same penalties as are provided by law for collection
and enforcement of real property taxes in the Town of Ithaca. The assessment of
such costs, expenses and interest shall be effective even if the property would
otherwise be exempt from real estate taxation.
(4) The Town's rights to undertake remedial measures and recover the costs from the
landowner are in addition to all other rights and remedies allowed by this chapter
or by law or in equity.
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B. Stop-work orders.
(1) Authority to issue. The Stormwater Management Officer or Code Enforcement
Officer is authorized to issue stop-work orders under this chapter for violations of
this chapter.
(2) Content of stop-work orders. Stop-work orders shall be in writing, be dated and
signed by the issuing officer, state the reason or reasons for issuance, and if
applicable, state the conditions which must be satisfied before work will be
permitted to resume.
(3) Service of stop-work orders. The issuing officer shall cause the stop-work order, or
a copy thereof, to be served on the owner of the affected property personally or by
certified mail. The issuing officer shall be permitted, but not required, to cause the
stop-work order, or a copy thereof, to be served personally or by certified mail on
any applicant, developer, tenant, contractor, subcontractor, construction
superintendent, owner or operator of stormwater management practices, or his or
her agents, or any other person or entity taking part or assisting in work affected
by the stop-work order; provided, however, that failure to serve any person or
entity mentioned in this sentence shall not affect the efficacy of the stop-work
order.
(4) Effect and duration of stop-work order. Upon the issuance of a stop-work order,
the owner of the affected property, applicant, and any other person or entity
receiving said order or performing, taking part in or assisting in the work, shall
immediately halt all on-site work and activities, except for those activities that
address the violations leading to the stop-work order, and except for such work as
may be necessary to mitigate or control stormwater and erosion. The stop-work
order shall be and shall remain in effect until the Town confirms that the land
development activity is in compliance and the violation has been satisfactorily
addressed.
(5) Violations of stop-work orders. In addition to any other right or remedy allowed by
this chapter or by law or in equity, failure to comply with a stop-work order in a
timely manner is a violation of this chapter and may result in civil penalties,
criminal fines, imprisonment and/or injunctive relief in accordance with the
provisions of this chapter.
(6) Remedy not exclusive. The issuance of a stop-work order shall not be the
exclusive remedy available to address violations of this chapter, and the authority
to issue a stop-work order shall be in addition to, and not in substitution for or
limitation of, the right and authority to pursue any other remedy or impose any
other penalty under other sections of this chapter, under any other applicable local
law or state law, or in equity. Any such other remedy or penalty may be pursued at
any time, whether prior to, at the time of, or after the issuance of a stop-work
order.
C. Violations. Any land development activity that is commenced or is conducted contrary to
this chapter, and all other violations of this chapter, may be abated in any manner
provided by law.
228:23 04-15-2008
§ 228-15 ITHACA CODE § 228-15
D. Fines, penalties and injunctive relief.
(1) Fines and imprisonment.
(a) A violation of this chapter's requirements to obtain or comply with the terms
of a full SWPPP is hereby declared to be an offense, with conviction
punishable by a fine of up to $1,000 or imprisonment not to exceed 15 days,
or both.
(b) A violation of this chapter's requirements to obtain or comply with the terms
of a basic SWPPP is hereby declared to be an offense, with conviction
punishable by a fine of up to $500 or imprisonment not to exceed 15 days, or
both.
(c) A violation of this chapter's requirements to obtain or comply with a simple
erosion and sedimentation control plan is hereby declared to be an offense,
with conviction punishable by a fine of up to $250 or imprisonment not to
exceed 15 days, or both.
(d) Any other violation of this chapter's requirements is hereby declared to be an
offense, with conviction punishable by a fine of up to $1,000 or
imprisonment not to exceed 15 days, or both.
(e) Each day a violation exists shall constitute a separate violation.
(f) Any police officer or peace officer or any person who may be lawfully
designated by the Town Board shall have the authority to issue appearance
tickets in connection with such violations.
(2) Civil penalties and injunctions.
(a) Persons and other entities that violate this chapter's requirements to obtain or
comply with the terms of a full SWPPP shall be liable for a civil penalty of
up to $1,000 for each such violation.
(b) Persons and other entities that violate this chapter's requirements to obtain or
comply with the terms of a basic SWPPP shall be liable for a civil penalty of
up to $500 for each such violation.
(c) Persons and other entities that violate this chapter's requirements to obtain or
comply with the terms of a simple erosion and sedimentation control plan
shall be liable for a civil penalty of up to $250 for each such violation.
(d) Persons and other entities that violate any other requirements of this chapter
shall be liable for a civil penalty of up to $1,000 for each such violation.
(e) Each day a violation exists shall constitute a separate violation.
(f) The Attorney for the Town or his or her designee may commence an action
or special proceeding against the violator in a court of competent jurisdiction
to collect these penalties, together with costs, disbursements and recoverable
228:24 04-15-2009
STORMWATER MANAGEMENT AND EROSION AND
§ 228-15 SEDIMENT CONTROL § 228-15
attorneys' fees, and/or to compel compliance with this chapter or restrain by
injunction any such violation.
E. Withholding of issuance of building permit, certificate of occupancy, or inspections. If
any building or land development activity is installed or conducted in violation of this
chapter, the Stormwater Management Officer or Code Enforcement Officer may withhold
any building permit or certificate of occupancy, and/or prevent the occupancy of said
building or land.
F. Restoration of lands. Any violator may be required to restore land to its undisturbed
condition. In the event that restoration is not undertaken within the time schedule set
forth in a notice of violation, the Town may take necessary corrective action and recover
the costs of same pursuant to §228-15A. In addition, the Town may commence any one
or more civil proceedings in the Town Court, or any other court of competent
jurisdiction,to recover the costs of such restoration.
228:25 04-15-2008
§234-14 SUBDIVISION OF LAND § 234-16
E. A fee or deposit in the amount required by the applicable section of Chapter 153, Fees,
of the Code of the Town of Ithaca, or other statute as appropriate.
§234-15. Preliminary subdivision review.
A. The procedure for preliminary subdivision review shall be as provided for in these
regulations and Town Law §§ 276 through 281, as they may from time to time be
amended. The preliminary plat, topographic map, street profiles and all other necessary
information shall be in full compliance with the provisions of Town Law and these
regulations except where variations therefrom may be specifically authorized by the
Board.
B. The subdivider shall submit to the Town Planner or the Town Planner's designee a
development review application, a preliminary plat in the form required by Article VI, §
234-36, the Town of Ithaca Environmental Assessment Form, Part I, a stormwater
pollution prevention plan meeting the requirements of Town Code Chapter 228, and 20
reduced copies of the improvement plans and other information required by these
regulations. All required information must be received by the Planning Department at
least 20 business days prior to the Planning Board meeting at which the subdivision will
be considered. [Amended 2-11-2008 by L.L. No. 5-2008]
C. The applicant shall post a public notice sign on the property at least 14 and no more than
30 days prior to the public hearing as specified in § 234-41), as amended. Failure to post
or maintain the signs as provided in this subsection shall not be a jurisdictional defect
and any action taken by the Planning Board in connection with the application shall not
be nullified or voidable by reason of the failure to comply with this subsection. However,
the failure to post or maintain the sign may be grounds, should the Planning Board in its
discretion so determine, to deny the application sought or to decline to hear the matter at
the scheduled meeting date by reason of the failure to have the appropriate signs installed
and/or maintained. The Planning Board may, on good cause shown, waive the
requirement of the posting of signs as called for by this section and by the applicable
provisions of Chapter 270, Zoning.
D. Any action or determination of the Planning Board approving an application, in whole or
in part, whether final or preliminary, shall be revocable, in whole or in part, if the action
or determination was made in reliance on any misrepresentation, concealment, or other
fraudulent act or statement by the applicant or was based on a mistake as to a material
matter.
§234-16. Final subdivision review.
A. The procedure for final subdivision review shall be as provided for in these regulations
and Town Law §§276 through 281, as they may from time to time be amended. The
subdivider must file with the Board an original and four copies of the final subdivision
plat and street profiles in the form described in Article VI, § 234-38, except where
variations therefrom may be specifically authorized by the Board. The subdivider must
also file a modified stormwater pollution prevention plan meeting the requirements of
Town Code Chapter 228, if modifications are necessary to comply with any conditions
234:9 04-15-2008
§ 234-16 ITHACA CODE § 234-19
imposed as part of the preliminary plat approval. [Amended 2-11-2008 by L.L. No.
5-2008)
B. The final plat and improvement plans shall be submitted to the Town Planner or Town
Planner's designee at least 20 business days prior to the date of the Planning Board
meeting at which time final approval is requested. The Town Planner shall enter the date
of receipt on the material submitted.
C. The Planning Board shall, within 45 days from the date of submission of the final plat,
conditionally approve with or without modifications, disapprove, or grant final approval
and authorize signing of such plat. The Planning Board may also, for good reason, cause
the extension of this review period. Such approval shall, however, not be deemed final
until the subdivider has complied with the provisions of the following subsections:
(1) The subdivider shall tender "offers of cession," in a form certified as satisfactory
by the Town Attorney, of all land included in streets, highways or other public
improvements. However, approval of the plat by the Planning Board shall not
constitute acceptance by the Town Board of any street, highway, or other public
improvements.
(2) The subdivider shall obtain and file with the Planning Board a letter from the
Tompkins County Department of Health indicating satisfactory design compliance
with the realty subdivision provisions of the County Sanitary Code.
§234-17. Modifications of final plat.
If there are modifications of the final plat requested by the subdivider subsequent to its filing
in the office of the County Clerk, such requests shall be made in writing to the Town
Engineer, who is hereby empowered to approve minor, practical modifications on behalf of
the Planning Board. When, in the opinion of the Town Engineer, the requested modifications
are substantial in nature, scope or extent, and materially affect the subdivision plat as
approved by the Planning Board, the subdivider shall not proceed without the approval of the
Planning Board. Such approval may be granted at any public meeting of the Board called for
this purpose. The Town Engineer shall report any modifications approved by him to the
Planning Board at its next regularly scheduled meeting.
ARTICLE III
Interpretations and Definitions
§234-18. Internal references.
References herein to articles, sections, subsections, and paragraphs are to those parts of these
regulations,unless context indicates otherwise.
§ 234-19. Construction.
For the purposes of these regulations, the language set forth shall be interpreted according to
the following rules of construction:
234:10 04-15-2008
§ 234-19 SUBDIVISION OF LAND § 234-19
A. The singular includes the plural.
B. The plural includes the singular.
C. The word "shall' means the action is mandatory.
234:10.1 04-15-2008
Chapter 239
TAXATION
ARTICLE I §239-12. Grant of exemption; conditions.
Senior Citizens Exemption §239-13. Application for exemption.
§239-1. Statutory authority. §239-14. Penalties for offenses.
§239-2. Grant of exemption. §239-15. When effective.
§239-3. Application for exemption. ARTICLE V
§2394. Penalties for offenses. Exemption for Improvements to Property
§239-5. When effective. Made Pursuant to Americans with
Disabilities Act
ARTICLE II
Alternative Veterans Exemption §239-16. Statutory authority.
§239-17. Grant of exemption; conditions.
§239-6. Repeal of opt-out. §239-18. Application for exemption.
§239-7. Maximum exemption granted. §239-19. Applicability.
ARTICLE III ARTICLE VI
Business Investment Exemption Historic Barn Exemption
§239-8. Reduction in exemption. §239-20. Statutory authority.
§239-9. Effect on current projects. §239-21. Grant of exemption; conditions.
§239-10. When effective. §239-22.Application for exemption.
ARTICLE IV §239-23. Applicability.
Exemption for Certain Disabled Persons
With Limited Incomes
§239-11. Statutory authority.
[HISTORY: Adopted by the Town Board of the Town of Ithaca as indicated in article
histories. Amendments noted where applicable.]
ARTICLE I
Senior Citizens Exemption
[Adopted 3-8-1971 by L.L.No. 1-1971; last amended 1-7-2008 by L.L. No. 2-20081
§239-1. Statutory authority.
This article is enacted pursuant to §467 of the Real Property Tax Law of the State of New
York as amended through Chapter 434 of the Laws of 2007.
239:1 04-15-2008
§ 239-2 ITHACA CODE § 239-3
§239-2. Grant of exemption.
A. Pursuant to the provisions of §467 of the Real Property Tax Law of the State of New
York, real property located in the Town of Ithaca, owned by one or more persons, each
of whom is 65 years of age or over, or real property owned by husband and wife or by
siblings, one of whom is 65 years of age or over, or real property owned by one or more
persons, some of whom qualify under §467 and the others of whom qualify under §
459-c of the Real Property Tax Law of the State of New York, shall be partially exempt
from taxation by said Town for the applicable taxes specified in said §467 based upon
the income of the owner or combined incomes of the owners. Such partial exemption
shall be to the extent set forth in the schedule following:
Percentage Assessed
Annual Income of Owner or Valuation Exempt From
Combined Annual Income of Owners Taxation
Up to and including $27,000 50%
More than $27,000 but less than $28,000 45%
$28,000 or more but less than $29,000 40%
$29,000 or more but less than $30,000 35%
$30,000 or more but less than $30,900 30%
$30,900 or more but less than $31,800 25%
$31,800 or more but less than $32,700 20%
$32,700 or more but less than $33,600 15%
$33,600 or more but less than $34,500 10%
$34,500 or more but less than $35,400 5%
B. This partial exemption provided by this article shall, however, be limited to such
property and persons as meet the conditions, qualification, exclusions and limitations set
forth in §467 of the Real Property Tax Law of the State of New York. This article shall
be administered in accordance with said section of the Real Property Tax Law as now
adopted and as it may be amended from time to time, and the provisions of said section
shall be applicable to the effectuation of the exemption provided for in this article.
§239-3. Application for exemption.
Application for such exemption must be made by the owner, or all of the owners of the
property on forms prescribed by the State Board of Real Property Services of the State of
New York (or any successor agency) to be furnished by the appropriate assessing authority
and shall furnish the information and be executed in the manner required or prescribed in such
forms, and shall be filed in the Tompkins County Assessment office on or before the
appropriate taxable status date.
239:2 04-15-2008
§ 2394 TAXATION §239-9
§2394. Penalties for offenses.
Any conviction of having made any willful false statement of the application for such
exemption shall be punishable by a fine of not more than $100 and shall disqualify the
applicant or applicants from further exemption for a period of five years.
§239-5. When effective.
The schedule in §239-2A shall apply to assessment rolls prepared on the basis of taxable
status dates occurring on or after March 1, 2008. With respect to assessment rolls prepared on
the basis of taxable status dates prior to March 1, 2008, the partial exemption allowed by the
Town of Ithaca shall be limited to qualified properties, to those persons otherwise qualified
under, and to the amounts permitted by, the applicable Town of Ithaca local laws in effect on
the relevant taxable status date.
ARTICLE II
Alternative Veterans Exemption
[Adopted 9-11-1989 by L.L. No. 4-1989]
§239-6. Repeal of opt-out.
Pursuant to the authority and provisions of Subdivision 4 of§458-a of the Real Property Tax
Law of the State of New York, the Town of Ithaca hereby repeals Local Law No. 1 for the
year 1985 adopted by the Town Board of the Town of Ithaca entitled "A Local Law Not To
Have the Exemption of§ 458-a of the Real Property Tax Law Apply to the Town of Ithaca."
§ 239-7. Maximum exemption granted.
By adoption of this article repealing Local Law No. 1 of the year 1985 the Town of Ithaca
hereby elects to have the exemption permitted pursuant to § 458-a of the Real Property Tax
Law in the maximum amount permitted by such law.
ARTICLE III
Business Investment Exemption
[Adopted 8-7-2000 by L.L. No. 4-20001
§239-8. Reduction in exemption.
Pursuant to the provisions of Subsection 7 of §485-b of the Real Property Tax Law of the
State of New York, the Town of Ithaca hereby reduces the business investment exemption to
an amount equal to 0%.
§239-9. Effect on current projects.
A project in course of construction pursuant to a building permit issued by the Town of Ithaca
at the time of the adoption of this article, and exemptions existing prior in time to the
239:3 04-15-2009
§239-9 ITHACA CODE § 239-12
adoption of this article shall not be subject to the reduction in the business investment
exemption adopted herein.
§239-10. When effective.
This article and the reduction in the Business Investment Exemption adopted herein shall be
effective immediately.
ARTICLE IV
Exemption for Certain Disabled Persons With Limited Incomes
[Adopted 1-8-2001 by L.L. No. 1-2001; last amended 7-7-2008 by L.L. No. 1-20081
§239-11. Statutory authority.
This article is enacted pursuant to §459-c of the Real Property Tax Law of the State of New
York as amended through Chapter 348 of the Laws of 2007.
§239-12. Grant of exemption; conditions.
A. Pursuant to the provisions of§459-c of the Real Property Tax Law of the State of New
York, real property located in the Town of Ithaca, owned by one or more persons with
disabilities as defined in §459-c, or by a husband, wife, or both, or by siblings, at least
one of whom has such a disability, or real property owned by one or more persons, some
of whom qualify under §459-c and the others of whom qualify under §467 of the Real
Property Tax Law of the State of New York, and whose income is limited by reason of
such disability, shall be partially exempt from taxation by said Town for the applicable
taxes specified in said § 459-c based upon the income of the owner or combined incomes
of the owners. Such partial exemption shall be to the extent set forth in the schedule
following:
Percentage Assessed
Annual Income of Owner or Valuation Exempt From
Combined Annual Income of Owners Taxation
Up to and including $27,000 50%
More than$27,000 but less than $28,000 45%
$28,000 or more but less than $29,000 40%
$29,000 or more but less than $30,000 35%
$30,000 or more but less than $30,900 30%
$30,900 or more but less than $31,800 25%
$31,800 or more but less than $32,700 20%
$32,700 or more but less than $33,600 15%
$33,600 or more but less than $34,500 10%
$34,500 or more but less than $35,400 5%
239:4 04-15-2008
§239-12 TAXATION §239-16
B. The partial exemption provided by this article shall, however, be limited to such property
and persons as meet the conditions, qualification, exclusions and limitations set forth in
§459-c of the Real Property Tax Law of the State of New York. This article shall be
administered in accordance with said section of the Real Property Tax Law as now
adopted and as it may be amended from time to time, and the provisions of said section
shall be applicable to the effectuation of the exemption provided for in this article.
Without limiting the foregoing, the partial exemption authorized by this article shall be
computed in accordance with the provisions of §459-c and shall not apply to real
property for which a partial exemption has been received pursuant to the provisions of
§467 of the Real Property Tax Law of the State of New York as applied to the Town of
Ithaca by the provisions of Article I, Senior Citizens Exemption, of this Chapter 239, as
amended from time to time.
§ 239-13. Application for exemption.
Application for such exemption must be made by the owner, or all of the owners of the
property on forms prescribed by the State Board of Real Property Services of the State of
New York (or any successor agency) to be fixrnished by the appropriate assessing authority
and shall furnish the information and be executed in the manner required or prescribed in such
forms, and shall be filed in the Tompkins County Assessment office on or before the
appropriate taxable status date.
§239-14. Penalties for offenses.
Any conviction of having made any willful false statement of the application for such
exemption shall be punishable by a fine of not more than $100 and shall disqualify the
applicant or applicants from further exemption for a period of five years.
§239-15. When effective.
The schedule in § 239-12A shall apply to assessment rolls prepared on the basis of taxable
status dates occurring on or after March 1, 2008. With respect to assessment rolls prepared on
the basis of taxable status dates prior to March 1, 2008, the partial exemption allowed by the
Town of Ithaca shall be limited to qualified properties, to those persons otherwise qualified
under, and to the amounts permitted by, the applicable Town of Ithaca local laws in effect on
the relevant taxable status date.
ARTICLE V
Exemption for Improvements to Property Made Pursuant to Americans with Disabilities
Act
[Adopted 2-13-2006 by L.L. No. 4-20061
§239-16. Statutory authority.
This article is enacted pursuant to §459-a of the Real Property Tax Law of the State of New
York, as amended through Chapter 759 of the Laws of 2005.
239:5 04-15-2008
§ 239-17 ITHACA CODE § 239-18
§239-17. Grant of exemption; conditions.
A. Pursuant to the provisions of§459-a of the Real Property Tax Law of the State of New
York, real property located in the Town of Ithaca that is altered, installed or improved
pursuant to the Americans with Disabilities Act of 1990 for the purposes of removal of
architectural barriers for persons with disabilities in existing property shall be partially
exempt from general municipal taxes as hereinafter provided. Such alterations,
installations or improvements to such real property shall be exempt pursuant to the
following exemption schedule:
Year of Exemption Percentage of Exemption
1 50%
2 45%
3 40%
4 35%
5 30%
6 25%
7 20%
8 15%
9 10%
10 5%
B. No exemption shall be granted for alterations, installations or improvements unless such
alterations, installations or improvements were commenced subsequent to the effective
date of this article.
C. Notwithstanding the foregoing provision, if such alterations, installations or
improvements were commenced prior to the effective date of this article, such alterations,
installations or improvements may receive an exemption pursuant to the exemption
schedule of this section for the remainder of the authorized period of exemption as if
such alterations, installations or improvements had been commenced on or after such
effective date; provided, however, the property shall not be eligible for refunds of
property taxes paid prior to the effective date of this article.
D. The partial exemption provided by this article shall, however, be limited to such property
and persons as meet the conditions, qualifications, exclusions and limitations set forth in
§459-a of the Real Property Tax Law of the State of New York. This article shall be
administered in accordance with said section of the Real Property Tax Law as now
adopted and as it may be amended from time to time, and the provisions of said section
shall be applicable to the effectuation of the exemption provided for in this article.
§ 239-18. Application for exemption.
Such exemption shall be granted only upon successful application by the owner or all the
owners of such building on forms prescribed by the State Board of Real Property Services of
239:6 04-15-2008
§ 239-18 TAXATION § 239-21
the State of New York (or any successor agency). The owner or owners shall furnish the
information and execute the forms in the manner required or prescribed in such forms and
shall file such forms in the Tompkins County Assessment office on or before the appropriate
taxable status date. Such exemption shall be granted only if the appropriate assessing authority
approves the application.
§239-19. Applicability.
This article shall apply to assessment rolls prepared after the effective date of this article on
the basis of taxable status dates occurring on or after March 1, 2006.
ARTICLE VI
Historic Barn Exemption
[Adopted 2-13-2006 by L.L. No.3-20061
§239-20. Statutory authority.
This article is enacted pursuant to §483-b of the Real Property Tax Law of the State of New
York, as amended through Chapter 759 of the Laws of 2005.
§239-21. Grant of exemption; conditions.
A. Pursuant to the provisions of§483-b of the Real Property Tax Law of the State of New
York, historic barns located in the Town of Ithaca which are reconstructed or
rehabilitated shall be partially exempt from general municipal taxes to the extent
provided hereinafter. For the purposes of this article, an historic barn shall mean a
structure that was at least partially constructed before 1936 and that was originally
designed and used for storing farm equipment or agricultural products, or for housing
livestock.
B. Historic barns shall be exempt for a period of one year to the extent of 100% of the
increase in assessed value thereof attributable to such reconstruction or rehabilitation and
for an additional period of nine years subject to the following:
(1) The extent of such exemption shall be decreased by 10% of the "exemption base"
each year during such additional period. The "exemption base" shall be the
increase in assessed value as determined in the initial year of the term of the
exemption, except as provided below.
(2) In any year in which a change in level of assessment of 15% or more is certified
for a final assessment roll pursuant to the rules of the State Board of Real Property
Services of the State of New York (or any successor agency), the exemption base
shall be recalculated and the exemption shall be recomputed as described in
§483-b of the Real Property Tax Law of the State of New York.
C. No such exemption shall be granted for reconstruction or rehabilitation unless such
reconstruction or rehabilitation was commenced subsequent to the effective date of this
article.
239:7 04-15-Zoos
§239-21 ITHACA CODE § 239-23
D. No such exemption shall be granted to an historic barn which is receiving an exemption
pursuant to §483 of the Real Property Tax Law of the State of New York or which has
received an exemption pursuant to that section within 10 years of the date of the
application for exemption filed pursuant to this article.
E. No such exemption shall be granted to an historic barn which is used for residential
purposes.
F. No such exemption shall be granted for reconstruction and rehabilitation expenses that
materially alter the historic appearance of the barn.
G. The partial exemption provided by this article shall, however, be limited to such property
and persons as meet the conditions, qualifications, exclusions and limitations set forth in
§483-b of the Real Property Tax Law of the State of New York. This article shall be
administered in accordance with said section of the Real Property Tax Law as now
adopted and as it may be amended from time to time, and the provisions of said section
shall be applicable to the effectuation of the exemption provided for in this article.
§239-22. Application for exemption.
Such exemption shall be granted only upon successful application by the owner or all the
owners of such barn on forms prescribed by the State Board of Real Property Services of the
State of New York (or any successor agency). The owner or owners shall furnish the
information and execute the forms in the manner required or prescribed in such forms and
shall file such forms in the Tompkins County Assessment office on or before the appropriate
taxable status date. Such exemption shall be granted only if the appropriate assessing authority
approves the application.
§ 239-23. Applicability.
This article shall apply to assessment rolls prepared after the effective date of this article on
the basis of taxable status dates occurring on or after March 1, 2006.
239:8 04-15-2008
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 3-8-2004]
On Alison Drive at Sesame Street intersection [Added 3-10-2008 by L.L.No.6-20081
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 Blackstone Avenue at Christopher Lane
On Blackstone Avenue at Roat Street,northbound approach
On Blackstone Avenue at Roat Street,southbound approach
On Brandywine Drive at Winthrop Drive [Added 1-10-2005 by L.L.No. 1-2005]
On Brandywine Drive at Christopher Lane
On Briarwood Drive at Birchwood Drive
On Briarwood Drive at Birchwood Drive North
On Burleigh Drive at Uptown Road [Added 1-10-2005 by L.L.No. 1-20051
On Burns Way at its southbound approach to the intersection with Bums Road [Amended 1-
10-2005 by L.L.No. 1-20051
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 Campbell Avenue at Brookfield Road [Added 1-10-2005 by L.L.No. 1-20051
On Christopher Circle(east end)at Christopher Lane
On Christopher Circle(west end)at Christopher Lane
On Concord Place at Burleigh Drive
On Conifer Circle at intersection with Conifer Drive [Added 3-10-2008 by L.L.No.6-20081
On Coy Glen Road at Elm Street Extension
On Culver Road at Poole Road
On Deerfield Place at Salem Drive
' Editor's Note:Stop intersections were repealed on the following dates:3-8-2004; 1-10-2005 by
L.L.No.1-2005.
250 Attachment 1:1 04-15-2008
ITHACA CODE
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 Woodgate Lane
On Easter Heights Drive at Sharlene Drive,eastbound approach
On Easter Heights Drive at Sharlene Drive,westbound approach
On Easter Heights Park driveway at its intersection with Skyvue Road [Added 3-10-2008 by
L.L.No.6-2008]
On Eldridge Circle at its intersection with Southwoods Drive [Added 3-8-20041
On Elm Street Extension at Culver Road [Added 3-10-2008 by L.L.No.6-2008]
On Elm Street Extension at Poole 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 intersection with Pleasant Grove Road [Added 3-10-2008 by L.L.
No.6-20081
On Forest Home Drive at intersection with Warren Road,northbound approach [Added 3-10-
2008 by L.L.No.6-20081
On Forest Home Drive at intersection with Warren Road, southbound approach [Added 3-10-
2008 by L.L.No.6-20081
On Glenside Road at Coy Glen Road
On Grove Road at Woolf Lane
On Hackberry Lane at Coy Glen 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.7-20041
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
On Harwick Road at Honness Lane
On Harwick Road at Strawberry Hill Circle [Added 1-10-2005 by L.L.No. 1-20051
On Harwick Road at Wildflower Drive
On Hopkins Road at intersection with Bundy Road [Added 3-10-2008 by L.L.No.6-2008]
On John Street at Park Lane
On Judd Falls Road at Arboretum Road
250 Attachment 1:2 04-15-2008 -
VEHICLES AND TRAFFIC
On Judd Falls Road at Campus Road,northbound approach
On Judd Falls Road at Campus Road,southbound approach
On Judd Falls Road(north end)at Forest Home Drive [Added 1-10-2005 by L.L.No. 1-20051
On Judd Falls Road at Tower Road,northbound approach
On Judd Falls Road at Tower Road, southbound approach
On LaGrand Court at Chase Lane
On Landmark Drive at Park Lane
On Larissa Lane at Schickel Road intersection [Added 3-10-2008 by L.L.No.6-20081
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 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 Old Gorge Road at intersection with Southwoods Drive [Added 3-10-2008 by L.L.No. 6-
20081
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 Lois Lane,eastbound approach [Amended 1-10-2005 by L.L.No. 1-20051
On Perry Lane at intersection with Bundy Road [Added 3-10-2008 by L.L.No.6-20081
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 Elm Street Extension [Added 1-10-2005 by L.L.No. 1-2005]
On Regency Lane at Snyder Hill Road
On Renwick Heights Road at Renwick Drive
On Roat Street at intersection with Blackstone Avenue [Added 3-10-2008 by L.L.No.6-20081
On Roat Street at intersection with Orchard Street, eastbound approach[Added 3-10-2008 by
L.L.No. 6-20081
250 Attachment 1:3 04-15-2008
ITHACA CODE
On Roat Street at intersection with Orchard Street, westbound approach [Added 3-10-2008 by
L.L.No.6-20081
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 Sanctuary Drive at Sapsucker Woods Road
On Sandra Place at Winthrop Drive
On Saranac Way at its north intersection with Whitetail Drive
On Saranac Way at its south intersection with Whitetail Drive
On Simsbury Drive at Brandywine Drive
On Sky-Vue Road at Snyder Hill Road
On Stone Quarry Road at King Road West
On Strawberry Hill Road at Wildflower Drive
On Sugarbush Lane at Snyder Hill 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 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 West Hill Circle at intersection with West Hill Drive(both intersections) [Added 3-10-2008
by L.L.No.6-2008]
250 Attachment 1:4 04-15-2008
VEHICLES AND TRAFFIC
On West Hill Circle on the westerly exit of the bus turnaround [Added 3-10-2008 by L.L.No.
6-20081
On Westview Road at Towerview Drive,northwestbound approach
On Wildflower Drive at Honness Lane
On Wildflower Drive(north end)at intersection with Strawberry Hill Circle [Added 3-10-2008
by L.L.No.6-20081
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
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 Whitetail Drive at its northerly intersection with Saranac Way, eastbound approach [Added
10-4-19991
On Whitetail Drive at Teton Court,westbound approach[Added 104-19991
On Woodgate Lane at Poole Road
On Wyckoff Road at Renwick Drive
250 Attachment 1:5 04-15-2008
VEHICLES AND TRAFFIC
250 Attachment 2
Schedule B
Yield Intersections
[Adopted 4-12-1999
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 [Repealed 3-10-2008 by L.L.No.6-20081
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 Lois Lane,westbound approach [Amended 1-10-2005 by L.L.No. 1-20051
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 [Repealed 1-10-2005 by L.L.No. 1-20051
250 Attachment 2:1 04-15-2009
WATER RATE
261 Attachment 1
Schedule A
Water Rate Schedule
[Adopted 8-23-1976 by L.L.No.2-1976;last amended
11-8-2007 by L.L.No. 10-2007,effective 1-1-20081
The rate charged for water consumption shall be $3.55 per 1,000 gallons. This rate is
equal to $2.66 per 100 cubic feet. The foregoing rate will be the rate charged for all regular
quarterly bills sent on or after January 1, 2008. Actual or base consumption may occur prior to
January 1,2008.
Notwithstanding the foregoing rates, the following minimum base charges shall be
applicable to the meter size indicated below for regular quarterly bills issued on or after January
1, 2008. The table below also shows the amount of water consumption that is permitted before
the minimum base charge would be exceeded:
Meter Size Base Consumption Minimum
inches in allons Charge
3/4 10,000 $35.50
1 30,000 $106.50
1 1/2 45,000 $159.75
2 90,000 $319.50
3 140,000 $497.00
4 200,000 $710.00
6 350,000 $1,242.50
Multiple housing and mobile home parks of over two dwelling units,using a master meter,
will be computed as follows: The quarterly master meter reading will be divided by the number
of dwelling units and the water charge will be figured on this number as if the unit was
individually metered. The water charge will then be multiplied by the number of units on the
master meter and this will be the billing rendered. If the calculation of the water consumed per
dwelling unit is less than the allowable consumption for a three-quarter inch meter, then the
billing will be calculated by multiplying the number of units on the master meter times the
minimum charge for a three-quarter inch meter [e.g., if there were 20 dwelling units on the
master meter, and total water consumption shown by the master meter was 100,000 gallons, the
billing would be $710.00 (20 units times $35.50) rather than $355.00 (100,000 gallons times
$3.55/1,000 gallons)].
The water application fee for each new application for water service shall be the
charges for new water connections charged by the Southern Cayuga Lake Intermunicipal Water
Commission including application fees, meter charges, service tap fees, inspection fees,
accessory materials, installation costs, and any other fee or cost charged by the Southern
Cayuga Lake Intermunicipal Water Commission for connecting new water services.
261 Attachment 1:1 04-15-2008
ITHACA CODE
An annual charge for each fire protection main serving a fire suppression system will
be billed along with the first quarterly water bill of the calendar year.The annual charge for this
service shall be $20 per diameter inch of the pipe supplying the fire suppression system or such
other amount as is charged by the Southern Cayuga Lake Intermunicipal Water Commission for
such systems. The pipe supplying the fire suppression system is the pipe needed to supply the
fire suppression system,installed downstream of the system control valve.
261 Attachment 1:2 04-15-2008
§ 270-186 ZONING § 270-186
profile of the highway or alley along the highway center line and location of the
sidewalks, if any.
(25) Reference on the site plan to any separate instruments, including restrictive
covenants, which directly affect the land in the project.
(26) Names and addresses of all property owners of all parcels abutting the site, or
within 500 feet of the perimeter boundary of the site, including owners of
easements or rights-of-way, together with tax parcel numbers for all such owners.
(27) Estimate of the cost of improvements (excluding the purchase cost of land) to be
prepared by a licensed professional engineer or other qualified professional
satisfactory to the Planning Board.
(28) Three dark-line prints of the proposed site plan and 25 copies of all sheets of the
proposed site plan in reduced format (no larger than 11 inches by 17 inches) and
copy of all other items required above (except development review application).
(29) A certificate signed by the owner and, if applicable, any contract vendee to the
effect that i) the owner owns the land, ii) the owner or contract vendee caused the
land to be surveyed and the site plan to be prepared, iii) the owner (or, if
applicable, the contract vendee) agrees to construct the project in the manner
represented by the finally approved site plan and all related approved application
documents, and iv) the owner (or, if applicable, the contract vendee) makes any
dedications indicated in any of the site plan documentation and agrees and
guarantees to construct any required infrastructure elements set forth on the finally
approved site plan.
(30) Where required by Town Code Chapter 228, a stormwater pollution prevention
plan or erosion and sedimentation control plan meeting the requirements of
Chapter 228. [Added 2-11-2008 by L.L. No. 4-20081
C. Final site plan requirements. The final site plan shall include:
(1) All of the items set forth above for preliminary site plan approval, modified if
necessary to comply with any conditions imposed as part of the preliminary site
plan approval process.
(2) One original set of the final site plan drawings on Mylar, vellum or paper, signed
and sealed by the registered land surveyor(s), engineer(s), architect(s) or landscape
architect(s) who prepared the site plan materials, to be retained by the Town, and
two sets of paper copies of the final site plan drawings.
(3) Record of application for and approval status of all necessary permits from county,
state, and/or federal agencies with copies of all necessary permits or approvals to
be provided prior to issuance of any certificate of occupancy.
(4) Design development drawings for all buildings and construction details of all other
proposed structures, roads, water/sewer facilities, and other improvements,
including, but not limited to, specifications for water lines, including locations and
descriptions of mains, valves, hydrants, appurtenances, etc., and profiles and
270:97 04-15-2008
§ 270-186 ITHACA CODE § 270-188
specifications for sanitary sewers and storm drainage facilities, including locations
and descriptions of pipes, manholes, lift stations, and other facilities.
(5) A certificate signed and sealed by the mortgagee(s), if any, to the effect that the
mortgagee consents to the site plan, the construction of the project as shown, and
the dedications and restrictions, if any, shown on or referred to on the site plan.
§270-187. Waiver of requirements.
The Town Board in those circumstances where a site plan is required for Town Board review,
and the Planning Board in those circumstances where a site plan is provided for Planning
Board review, may waive one or more items (e.g., topography) otherwise normally required to
be shown on the site plan when the applicable board determines that the circumstances of the
application do not require a full site plan for adequate consideration of the applicant's
proposal.
§270-188. Considerations for approval.
The Planning Board's review of a site plan shall include as appropriate, but shall not be
limited to, the following considerations:
A. Adequacy, arrangement, and location of vehicular access and circulation, including
intersections, road widths, pavement surfaces, off-street parking and loading areas, and
traffic controls.
B. Adequacy, arrangement, and location of pedestrian and bicycle traffic access and
circulation, control of intersections with vehicular traffic, and appropriate provisions for
handicapped persons.
C. Adequacy, location, arrangement, size, design, and general site compatibility of
buildings, lighting, signs, open spaces, paved areas, outdoor waste disposal facilities, and
contiguity of open spaces.
D. Adequacy, type, and arrangement of trees, shrubs, and other landscaping, including those
on site and those constituting a visual and/or noise-deterring buffer between the
applicant's and adjoining lands, including the retention of existing vegetation of value to
the maximum extent possible.
E. In the case of a residential property, and in the case of other properties where
appropriate, the adequacy and utility of open space for playgrounds and for informal
recreation.
F. Compatibility of the project with the surrounding neighborhood, including protection of
adjacent properties and the general public against noise, glare, unsightliness, or other
objectionable features.
G. Adequacy of stormwater drainage, water supply, sewage disposal facilities and other
community infrastructures and services.
H. Adequacy of fire lanes and other emergency provisions.
270:98 04-15-2008
§ 270-188 ZONING § 270-188
I. The effect of the proposed development on environmentally sensitive areas including but
not limited to wetlands, floodplains, woodlands, steep slopes, watercourses or bodies,
270:98.1 04-15-2008
§ 270-216 ZONING § 270-217
such reasonable conditions as the Board may deem necessary to minimize the
impact of the addition of an elder cottage upon the lot on which it is being located
as well as the neighborhood in which it is being located.
G. Limitation on variances: Notwithstanding any other provisions of this chapter there shall
be no variances granted for extension of time for removal of an elder cottage except that
the Board of Appeals may, upon making the same findings that would normally be
required for the granting of a use variance, extend the time for removal of the elder
cottage for one additional six-month period.
H. Definition of 'owner:" For the purposes of this section, the term 'owner" as applied to
ownership of a principal building shall mean a natural person:
(1) Who owns at least a 50% interest in the real property and related buildings,
whether individually or as a tenant in common; or
(2) Who owns the real property and related buildings with no more than one other
individual or entity as co joint tenants or tenants by the entirety, in either event
each of the co joint tenants or tenants by the entirety having identical interests.
§270-217. Extraction or deposit of fill and related products.
A. In any zone no more than 50 cubic yards of fill, sod, loam, sand, gravel, stone or similar
materials (hereinafter referred to collectively as "fill') shall be deposited or removed or
offered for sale in any one year, except in connection with a public work on the property
or the removal of silt or other recently accumulated material that blocks a normal flow of
a watercourse, without obtaining an approval pursuant to this section.
B. For the purposes of this section, movement of fill from one area on a site to another
location on the site shall be considered a deposit and removal and shall be subject to the
fill permit requirements of this section if the requisite volume of fill is being moved,
unless such activity is an activity specifically excepted from the requirements of this
section by the provisions set forth below.
C. If the application is for deposit or extraction of more than 50 but less than 250 cubic
yards of fill, the approval may be given by the Town Engineer. If the application is for
deposit or extraction of 250 cubic yards or more, special approval shall be obtained from
the Board of Appeals.
D. In applying for such approval, the applicant shall submit to the Town Engineer a plan of
the proposed project, showing property lines, and adjacent public ways, grades and
depths of proposed deposit or removal, soil types or fill types to be deposited or
removed, watercourses, erosion control during and after construction as required by
Chapter 228, Stormwater Management and Erosion and Sediment Control, projected
duration of project, proposed regrading and replanting of the property upon completion
of the operation, and such other items as the Board of Appeals or Town Engineer may
require to adequately review the proposed project. [Amended 2-11-2008 by L.L. No.
4-2008]
270:115 04-15-2008
§ 270-217 ITHACA CODE §270-217
E. In those cases requiring a special approval from the Board of Appeals, the Board shall
not act until the Town Engineer has reviewed such plan and advised the Board that in his
professional opinion the plan adequately protects the property and surrounding properties
from significant adverse consequences of such deposit or removal, including, when
completed, adverse drainage, erosion, visual or other adverse impacts. Before issuing a
special approval, the Board shall make the same findings as are required for the
Engineer's opinion. In considering the proposed use the Board shall take into account the
distance of the operation from neighboring property and public ways, the possible
detriment of such use to the future development of the land in question, and significant
nuisance or detriment of the operation to neighboring landowners and to the community
as a whole.
F. The Board may impose such conditions upon the applicant as it deems necessary to
protect the general welfare of the community, which may include a time limit upon
operations, standards for performance, and the requirement that a performance bond be
posted to insure compliance with the requirements of this chapter and with any further
reasonable conditions imposed by the Board.
G. In the event that the proposed movement of material involves the deposit or extraction of
more than 2,500 cubic yards, the matter shall first be referred to the Planning Board for
its recommendation before the Board of Appeals makes its final decision.
H. Proposed movement of fill involving the deposit or extraction of less than 250 cubic
yards.
(1) In the event that the proposed movement of fill involves the deposit or extraction
of less than 250 cubic yards, the Town Engineer may grant written approval
provided that the Engineer determines, before issuing the approval, that the
proposed plan:
(a) Provides for appropriate erosion control during and after construction;
(b) Protects against adverse drainage on the subject property and surrounding
properties;
(c) Provides for appropriate revegetation when necessary;
(d) Provides for appropriate slope controls; and
(e) Does not adversely affect properties surrounding the designated site both
during and after removal or deposit of the fill.
(2) The Town Engineer may impose such reasonable conditions upon the applicant as
the Engineer deems necessary to protect the general welfare of the community,
which may include a reasonable time limit upon operations, reasonable standards
for performance, and the requirement that a performance bond or other security in
a reasonable amount be posted to insure compliance with the requirements of this
chapter and with any further reasonable conditions imposed by the Engineer.
I. The following are excepted from the requirements set forth above:
270:116 04-15-2008
§270-217 ZONING § 270-217
(1) Any normal building operation in connection with a legal building permit, such as
excavation, filling, or grading, shall be excepted from the provisions of this section
provided, however, that this exception shall apply only where the total amount of
270:116.1 04-15-2008
§ DL-1 DISPOSITION LIST § DL-1
Local Adoption
Law No. Date Subject Disposition
6-2007 8-13-2007 Zoning amendment Ch. 270
7-2007 8-13-2007 Zoning amendment Ch. 270
8-2007 9-10-2007 Zoning amendment Ch. 270
9-2007 9-10-2007 Moratorium NCM
10-2007 11-8-2007 Water rates amendment Ch. 261
1-2008 1-7-2008 Tax exemption for certain Ch. 239,Art. IV
disabled persons with limited
incomes amendment
2-2008 1-7-2008 Senior citizens tax exemption Ch. 239, Art. I
amendment
3-2008 2-11-2008 Stormwater management and Ch. 228
erosion and sediment control
L.L. No. 2-11-2008 Zoning amendment Ch. 270
4-2008
L.L. No. 2-11-2008 Subdivision of land amendment Ch. 234
5-2008
L.L. No. 3-10-2008 Vehicles and traffic amendment Ch. 250
6-2008
DL:3 04-15-2008
GENERAL CODE
INSTRUCTIONS
Town of Ithaca Code Supplement No. 13
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
Table of Contents, Table of Contents,
vii—viii vii—viii
153:1 - 153:2 153:1 - 153:2
250:1 —250:4 250:1 —250:3
271:29—271:30 271:29—271:30
271:30.1
DL:3 DL:3
Index Pages 1 —24 Index Pages 1 —24
Legislation, by number or date of adoption, included in this supplement: L.L. Nos. 7-2008; 9-
2008; 10-2008.
98-15-2008
TABLE OF CONTENTS
104. Agricultural Assessments..................................................... 104:1
112. Animals................................................................................ 112:1
Article I Dog Control and Licensing
121. Bingo.................................................................................... 121:1
125. Building Construction and Fire Prevention.......................... 125:1
129. Buildings,Unsafe................................................................. 129:1
148. Environmental Quality Review............................................ 148:1
153. Fees ...................................................................................... 153:1
157. Flood Damage Prevention.................................................... 157:1
161. Freshwater Wetlands............................................................ 161:1
166. Games of Chance ................................................................. 166:1
173. Lighting,Outdoor................................................................. 173:1
175. Lock Boxes........................................................................... 175:1
184. Noise .................................................................................... 184:1
188. Notification of Defects......................................................... 188:1
192. Numbering of Buildings....................................................... 192:1
200. Parks and Recreation Areas.................................................. 200:1
205. Property Maintenance .......................................................... 205:1
210. Sewer Rents.......................................................................... 210:1
214. Sewer Use: Use of Public Sewers........................................214:1
215. Sewer Use: Rules,Regulations&Penalties of Board of
Public Works, City of Ithaca,NY,Re: Water Supply,
Sewage Disposal&Air Conditioning..................................215:1
vii 08-15-2008
ITHACA CODE
216. Sewer Use: Requirements for Contributors Into Joint
POTW...................................................................................216:1
217. Sewer Use:Administration and Amendments.....................217:1
221. Signs.....................................................................................221:1
225. Sprinkler Systems.................................................................225:1
228. Stormwater Management and Erosion and Sediment
Control..................................................................................228:1
230. Streets and Sidewalks........................................................... 230:1
Article I Excavations in Town Streets and Highways
Article II Construction and Repair of Sidewalks
Article III Hanshaw Road Walkway
234. Subdivision of Land.............................................................234:1
239. 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
Article V Exemption for Improvements to Property Made Pur-
suant to Americans with Disabilities Act
Article VI Historic Barn Exemption
243. Taxicabs...............................................................................243:1
250. Vehicles and Traffic............................................................. 250:1
Article I (Reserved)
Article II Vehicle Weight Limits
Article III Parking;Stop and Yield Intersections
254. Watercraft............................................................................. 254:1
256. Water Protection................................................................... 256:1
Part 1 Cross-Connection Control
Part 2 Supplementary Cross-Connection Control
261. Water Rates..........................................................................261:1
viii 08-15-2008
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,
§ 153-4. Town Clerk: Freedom of Zoning Board of Appeals, and
Information Law. development application fees.
§ 153-5. Town Clerk: miscellaneous § 153-11. Town of Ithaca Fee Schedule.
fees. § 153-12. Fill permits.
§ 153-6. Building and foundation permit § 153-13. Fees in lieu of recreational land
fees. reservation.
§ 153-7. Certificates of occupancy. § 153-14. Amendments.
§ 153-15. Transition provisions.
[HISTORY: Adopted by the Town Board of the Town of Ithaca 5-10-2004 by L.L. No.
5-2004.1 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 08-15-2008
§ 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): $10 for spayed and neutered dogs; $20 for
unspayed and unneutered dogs. [Amended 4-7-2008 by L.L. No. 9-2008]
E. Purebred licenses: $40 for 10 dogs or fewer; $75 for 11 to 25 dogs; $125 for more than
25 dogs.
F. Tax searches: $5 for one-year search.
§ 153-4. 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 mads 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 08-15-2W
Chapter 250
VEHICLES AND TRAFFIC
ARTICLE I ARTICLE III
(Reserved) Parking; Stop and Yield Intersections
§ 250-1. (Reserved) § 250-13. Legislative authority.
§ 250-2. (Reserved) § 250-14. Applicability.
§ 250-3. (Reserved) § 250-15. Effect on other provisions.
§ 250-4. (Reserved) § 250-16. Parking of vehicles.
§ 250-5. (Reserved) § 250-17. Stopping of motor vehicles.
§ 250-18. Stop signs.
ARTICLE II
Vehicle Weight Limits § 250-19. Yield signs.
§ 250-20. Penalties for offenses.
§ 250-6. Legislative authority. § 250-21. Authority to impound vehicles.
§ 250-7. Purpose. § 250-22. Storage and charges.
§ 250-8. Restricted locations. § 250-23. Notice of removal.
§ 250-9. Definitions. § 250-24. Review.
§ 250-10. Penalties for offenses. § 250-25. When effective.
§ 250-11. Exclusions. Schedule A, Stop Intersections
§ 250-12. Signage. Schedule B, Yield Intersections
[HISTORY: Adopted by the Town Board of the Town of Ithaca as indicated in article
histories. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles in parks-See Ch.200. Taxicabs-See Ch.243.
Storage of vehicles on property-See Ch.205.
ARTICLE I
(Reserved) t
§ 250-1. (Reserved)
§ 250-2. (Reserved)
1. Editor's Note: Former Art I, East Hills Shopping Plaza, adopted 2-7-1983 by L.L. No. 1-1983, as amended, was
repealed 6.9-2008 by L.L.No.10-2008.
250:1 08-15-2008
§ 250-3 ITHACA CODE § 250-9
§ 250-3. (Reserved)
§ 250-4. (Reserved)
§ 250-5. (Reserved)
ARTICLE R
Vehicle Weight Limits
[Adopted 8-8-1988 by L.L. No. 8-1988 and 3-12-1990 by L.L. No. 2-1990; amended at
time of adoption of Code (see Ch. 1, General Provisions, Art.I)]
§ 250-6. Legislative authority.
This article is adopted pursuant to the authority of § 1660 of the Vehicle and Traffic Law of
the State of New York and § 10 of the Municipal Home Rule Law of the State of New York.
§ 250-7. Purpose.
This article is adopted in order to minimize the adverse impact of traffic upon certain
communities in the Town and certain of its streets and bridges, and in order to promote the
health, safety and welfare of the community.
§ 250-8. Restricted locations.
No through traffic of trucks, commercial vehicles, truck tractors, or tractor-trailer
combinations, with a maximum registered gross vehicle weight in excess of five tons shall be
permitted on:
A. McIntyre Place.
B. Forest Home Drive, between the western terminus of Plantation Road (also known as
Arboretum Road) and Caldwell Road.
C. Judd Falls Road, between Forest Home Drive and the intersection with Plantation Road
(also known as Arboretum Road).
D. Honness Lane.
§ 250-9. Definitions.
For purposes of this article:
MAXIMUM REGISTERED GROSS VEHICLE WEIGHT — Shall mean the maximum
gross vehicle weight for which the vehicle is registered with the New York State Department
of Motor Vehicles. If the vehicle is registered in a jurisdiction other than the State of New
York, the term shall mean the maximum gross vehicle weight for which the vehicle is
250:2 08-15-zoos
§ 250-9 VEHICLES AND TRAFFIC § 250-10
registered with the applicable motor vehicle department or similar agency in the jurisdiction in
which the vehicle is registered and which weight is shown on the registration for such vehicle.
If the vehicle is registered in a governmental jurisdiction that does not indicate a maximum
gross vehicle weight on registrations, the term shall mean the manufacturer's gross vehicle
weight rating (GVWR) as indicated on the vehicle safety certification label.
§ 250-10. Penalties for offenses.
A violation of this article shall be a traffic infraction. Every person convicted of a violation of
any of the provisions of this article shall for a first conviction be punished by a fine of not
more than $50 or by imprisonment for not more than 15 days or by both such fine and
imprisonment; for a second such conviction within 18 months thereafter such person shall be
punished by a fine of not more than $100 or by imprisonment for not more than 45 days or by
both such fine and imprisonment; upon a third or subsequent conviction within 18 months
after the first conviction such person shall be punished by a fine of not more than $250 or by
imprisonment of not more than 90 days or by such fine and imprisonment.
250:3 08-15-2008
§ 271-9 ZONING: SPECIAL LAND USE DISTRICTS § 271-9
(10) Signs, as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca.
(11) Day-care homes and group day-care facilities.
(12) Group family day-care homes upon special approval by the Board of Zoning
Appeals pursuant to Section 77, Subdivision 7.21
(13) Bed-and-breakfast, as that term is defined in § 270-5. [Added 4-7-2008 by L.L.
No. 7-2008]
E. Accessory uses. Permitted accessory uses in Special Land Use District No. 8 shall be
limited to the following:
(1) Office of a resident doctor, dentist, musician, engineer, teacher, lawyer, artist,
architect, computer consultant, software consultant, or member of other recognized
profession and quasi-profession where such office is a part of the residence
building provided that not more than three additional persons not residing on the
premises may be employed.
(2) Customary home occupation.
(a) A customary home occupation (such as dressmaking, hair dressing,
laundering, home cooking, carpentry, electrical, and plumbing work or
similar manual or mechanical trade) operated solely by a resident of the
dwelling provided that:
[1] No additional person not residing on the premises may be employed
therein; and
[2] No goods or products are publicly displayed or advertised for sale; and
[3] There is no outside storage; and
[4] No noise, dust, disorder, or objectionable odor is experienced beyond
the dwelling where such use is conducted.
(b) Any of the above mechanical trades that are conducted in the home shall be
conducted within the confines of the dwelling or the basement of the
dwelling or in a garage area not to exceed 200 square feet.
(3) Offices or occupations as set forth in Subsection E(1) and (2) above may be
conducted in the common house provided:
(a) The person or persons conducting such profession or home occupation is a or
are permanent residents of the Special Land Use District except, as to
professions enumerated in Subsection E(1) above, no more than one
additional nonresident person may be employed by any one professional or
quasi-professional, and no more than four additional nonresident persons may
be employed in the aggregate by all of the professionals and
quasi-professionals occupying work space in the common house; and
21. Editor's Note:Numbering refers to the Zoning Ordinance as it existed in 1995,when this section was adopted.
271:29 08-15-2008
§ 271-9 ITHACA CODE § 271-9
(b) No more than eight separate offices or work spaces are so occupied in the
common house; and
(c) The aggregate space of all the offices and occupation spaces combined does
not exceed 20% of the total gross floor area of the common house; and
(d) No goods or products are publicly displayed or advertised for sale; and
(e) There is no outside storage; and
(f) No noise, dust, disorder, or objectionable odor is experienced beyond the
space where such occupation or use is conducted; and
(g) No one office or trade authorized above shall be conducted in any space in
excess of 200 square feet; and
(h) The total number of offices or occupations set forth in Subsection E(l) and
(2) located anywhere in this Special Land Use District, whether in common
houses or in residences, shall not in the aggregate exceed the number of
dwelling units. (i.e., there shall be no more home occupations or professional
offices authorized within the Special land Use District than if the property
were in a Residence District R30). [Amended 9-10-2001 by L.L. No.
4-2001]
(4) Off-street garage or parking space for the occupants, users and employees in
connection with uses specified above, but subject to provisions of Section 45 and
Section 69 of the Ordinance,22and subject to the other provisions of this section.
(5) A temporary building for commerce or industry, where such building is necessary
or incidental to the development of the residential area. Such buildings may not be
continued for more than one year except upon special approval of the Board of
Appeals.
(6) Accessory buildings such as dog houses, storage sheds, carports, gazebos, or other
small structures clearly ancillary and related to dwelling uses in the Special Land
Use District and subject to all other provisions of this section.
(7) The keeping of domestic animals or fowl in accessory buildings, provided that no
such building shall be nearer than 50 feet to any other dwelling and shall be
located on land owned or leased by the person occupying the principal dwelling to
which such building is accessory, and further provided that there shall be no
raising of fur-bearing animals, keeping of horses for hire, or kennels for more than
three dogs over six months old.
(8) Signs, as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca.
F. Manner of land ownership.
22. Editor's Note:Numbering refers to the Zoning Ordinance as it existed in 1995,when this section was adopted.
271:30 08-15-2W
§ 271-9 ZONING: SPECIAL LAND USE DISTRICTS § 271-9
(1) The property in this Special Land Use District may be owned in the following
manners:
271:30.1 08-15-2008
§ DL-1 DISPOSITION LIST § DL-1
Local Adoption
Law No. Date Subject Disposition
6-2007 8-13-2007 Zoning amendment Ch. 270
7-2007 8-13-2007 Zoning amendment Ch. 270
8-2007 9-10-2007 Zoning amendment Ch. 270
9-2007 9-10-2007 Moratorium NCM
10-2007 11-8-2007 Water rates amendment Ch. 261
1-2008 1-7-2008 Tax exemption for certain Ch. 239, Art. IV
disabled persons with limited
incomes amendment
2-2008 1-7-2008 Senior citizens tax exemption Ch. 239, Art. I
amendment
3-2008 2-11-2008 Stormwater management and Ch. 228
erosion and sediment control
4-2008 2-11-2008 Zoning amendment Ch. 270
5-2008 2-11-2008 Subdivision of land amendment Ch. 234
6-2008 3-10-2008 Vehicles and traffic amendment Ch. 250
7-2008 4-7-2008 Zoning: special land use districts Ch. 271
amendment
8-2008 4-7-2008 Extension of moratorium NCM
9-2008 4-7-2008 Fees amendment Ch. 153
10-2008 6-9-2008 Vehicles and traffic: East Hills Ch. 250, Art. I (footnote
Shopping Plaza repealer only)
DL:3 08-15-2W
GENERAL CODE
INSTRUCTIONS
Town of Ithaca Code Supplement No. 14
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
Table of Contents, Table of Contents,
vii—viii vii—viii
227:1 —227:13
250 Attachment 1:3— 1:5 250 Attachment 1:3— 1:5
250 Attachment 2:1 250 Attachment 2:1
270:1 —270:6 270:1 —270:6
270:6.1
270:9—270:10 270:9—270:10
270:10.1 270:10.1
270:17—270:20 270:17—270:20
270:20.1 270:20.1 —270:20.2
270:23—270:26 270:23—270:26
270:26.1 270:26.1
270:31 —270:34 270:31 —270:34
270:34.1 270:34.1
270:39—270:40 270:39—270:40
270:47—270:48 270:47—270:48
270:48.1 270:48.1
270:51 —270:60 270:51 —270:60
270:60.1 270:60.1
270:63—270:64 270:63—270:64
270:64.1 270:64.1
270:67—270:68 270:67—270:68
270:68.1
270:73—270:82 270:73—270:82
270:82.1 270:82.1 —270:82.2
270:85—270:86 270:85—270:86
270:86.1 270:86.1
270:126.7—270:126.8 270:126.7—270:126.16
DL:3 DL:3
Index Pages 1 —24 Index Pages 1 —25
Legislation,by number or date of adoption, included in this supplement: L.L. Nos. 11-2008; 12-
2008; 13-2008.
10-01-2008
TABLE OF CONTENTS
104. Agricultural Assessments..................................................... 104:1
112. Animals................................................................................ 112:1
Article I Dog Control and Licensing
121. Bingo.................................................................................... 121:1
125. Building Construction and Fire Prevention.......................... 125:1
129. Buildings,Unsafe................................................................. 129:1
148. Environmental Quality Review............................................ 148:1
153. Fees ...................................................................................... 153:1
157. Flood Damage Prevention.................................................... 157:1
161. Freshwater Wetlands............................................................ 161:1
166. Games of Chance ................................................................. 166:1
173. Lighting,Outdoor................................................................. 173:1
175. Lock Boxes........................................................................... 175:1
184. Noise .................................................................................... 184:1
188. Notification of Defects......................................................... 188:1
192. Numbering of Buildings....................................................... 192:1
200. Parks and Recreation Areas..................................................200:1
205. Property Maintenance ..........................................................205:1
210. Sewer Rents..........................................................................210:1
214. Sewer Use: Use of Public Sewers........................................214:1
215. Sewer Use: Rules,Regulations&Penalties of Board of
Public Works,City of Ithaca,NY,Re: Water Supply,
Sewage Disposal &Air Conditioning..................................215:1
vii 10-0/-2008
ITHACA CODE
216. Sewer Use:Requirements for Contributors Into Joint
POTW...................................................................................216:1
217. Sewer Use:Administration and Amendments .....................217:1
221. Signs.....................................................................................221:1
225. Sprinkler Systems.................................................................225:1
227. Storm Sewer System and Surface Waters Protection...........227:1
228. Stormwater Management and Erosion and Sediment
Control..................................................................................228:1
230. Streets and Sidewalks...........................................................230:1
Article I Excavations in Town Streets and Highways
Article 1I Construction and Repair of Sidewalks
Article III Hanshaw Road Walkway
234. Subdivision of Land.............................................................234:1
239. 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
Article V Exemption for Improvements to Property Made Pur-
suant to Americans with Disabilities Act
Article VI Historic Barn Exemption
243. Taxicabs...............................................................................243:1
250. Vehicles and Traffic.............................................................250:1
Article I (Reserved)
Article 1I Vehicle Weight Limits
Article III Parking;Stop and Yield Intersections
254. Watercraft.............................................................................254:1
256. Water Protection...................................................................256:1
Part 1 Cross-Connection Control
Part 2 Supplementary Cross-Connection Control
261. Water Rates.......................................................................... 261:1
viii 10-01-2009
Chapter 227
STORM SEWER SYSTEM AND SURFACE WATERS
PROTECTION
§ 227-1. Purposes and objectives. § 227-10. Industrial or construction
§ 227-2. Definitions. activity discharges.
§ 227-3. Applicability. § 227-11. Suspension of access to
§ 2274. Responsibility for municipal storm sewer system.
administration. § 227-12. Access to premises; monitoring
§ 227-5. Discharge prohibition. of discharges.
§ 227-13. Notification and records of
§ 227-6. Authorized discharges. spills.
§ 227-7. Prohibited connections. § 227-14. Enforcement; penalties for
§ 227-8. Prohibition against activities offenses.
contaminating stormwater. § 227-15. Violations deemed a public
§ 227-9. Requirement to use best nuisance.
management practices to § 227-16. Remedies not exclusive.
prevent, control and reduce
stormwater pollutants.
[HISTORY: Adopted by the Town Board of the Town of Ithaca 7-27-2008 by L.L. No.
11-2008. Amendments noted where applicable.]
GENERAL REFERENCES
Appearance tickets—See Ch.9. Stormwater management and erosion and sediment
Environmental quality review—See Ch.148. control—See Ch.228.
Freshwater wetlands—See Ch.161. Water protection—See Ch.256.
Use of public sewers—See Ch.214.
§ 227-1. Purposes and objectives.
The purpose of this chapter is to provide for the protection of the natural environment and for
the health, safety, and general welfare of the citizens of the Town of Ithaca through the
regulation of nonstormwater discharges to the municipal storm sewer system and surface
waters to the maximum extent practicable. This chapter establishes methods for controlling
the introduction of pollutants into the municipal storm sewer system in order to comply with
requirements of the Town's SPDES general permit for stormwater discharges from municipal
separate storm sewer systems. This chapter also establishes methods for controlling the
introduction of pollutants into surface waters. The objectives of this chapter are:
A. To regulate the contribution of pollutants to the municipal storm sewer system, since
such systems are not designed to accept, process or discharge nonstormwater wastes.
227:1 10-01 -2008
§ 227-1 ITHACA CODE § 227-2
B. To prohibit certain activities regarding, and certain connections and discharges to, the
municipal storm sewer system and surface waters.
C. To meet the requirements of the Town's SPDES general permit for stormwater discharges
from municipal separate storm sewer systems, as it may be amended or revised from
time to time.
D. To establish the legal authority to carry out all inspection, surveillance, monitoring and
enforcement procedures necessary to ensure compliance with this chapter.
E. To promote public awareness of the hazards involved in the improper discharge of trash,
yard waste, lawn chemicals, fertilizers, pet waste, wastewater, grease, oil, petroleum
products, cleaning products, paint products, hazardous materials, sediment and other
pollutants into the municipal storm sewer system and into surface waters.
§ 227-2. Definitions.
Whenever used in this chapter, the following terms shall have the meanings set forth below:
BEST MANAGEMENT PRACTICES — Schedules of activities, prohibitions of practices,
general good-housekeeping practices, pollution prevention and educational practices,
maintenance procedures, and other management practices to prevent or reduce the discharge
of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance
systems. This term also includes treatment practices, operating procedures, and practices to
control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials
storage.
CONSTRUCTION ACTIVITY — Activities requiring authorization under the New York
State SPDES permit for stormwater discharges from construction activity, GP-02-01, as
amended or revised. These activities include, but are not limited to, construction projects
resulting in land disturbance of one or more acres through clearing, grubbing, grading,
excavating, or demolition.
DEC— The New York State Department of Environmental Conservation.
HAZARDOUS MATERIAL — Any material, including any substance, waste, or
combination thereof, which, because of its quantity, concentration, or physical, chemical, or
infectious characteristics, may cause, or significantly contribute to, a substantial present or
potential hazard to human health, safety, property, or the environment when improperly
treated, stored, transported, disposed of, or otherwise managed. This term also includes any
material or substance defined as or otherwise included in the definition of "hazardous
substances," "hazardous wastes," "hazardous materials," or "toxic pollutants" under the
Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§ 9601
et seq., Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq., Clean Water
Act, 33 U.S.C. §§ 1251 et seq., New York Environmental Conservation Law, and all
regulations promulgated under these statutes.
ILLICIT CONNECTION — Any connection to the municipal storm sewer system or surface
waters prohibited by § 227-7 of this chapter.
227:2 10-01 -2008
STORM SEWER SYSTEM AND SURFACE WATERS
§ 227-2 PROTECTION § 227-2
ILLICIT DISCHARGE — Any discharge to the municipal storm sewer system or surface
waters prohibited by § 227-5 of this chapter.
INDIVIDUAL SEWAGE TREATMENT SYSTEM — A sewage treatment facility serving
one or more residential parcels of land or residential households, or a private commercial or
institutional sewage treatment facility, that treats sewage or other liquid wastes for discharge
into the groundwaters of New York State, except where a permit for such a facility is required
under the applicable provisions of Article 17 of the New York Environmental Conservation
Law.
INDUSTRIAL ACTIVITY — Activities requiring the New York State SPDES permit for
discharges from industrial activities except construction, GP-98-03, as amended or revised.
MUNICIPAL STORM SEWER SYSTEM — A conveyance or system of conveyances
(including roads with drainage systems, municipal streets, culverts, catch basins, curbs,
gutters, ditches, man-made channels, swales, ponds, stormwater pipes, and storm drains):
A. Owned or operated by the Town;
B. Designed or used for collecting or conveying stormwater;
C. Which is not a combined sewer; and
D. Which is not part of a publicly owned treatment works, as that term is defined at 40 CFR
122.2.
NONSTORMWATER DISCHARGE — Any discharge to the municipal storm sewer system
or a surface water that is not composed entirely of stormwater.
PERSON— Any individual, association, organization, partnership, firm, corporation or other
entity recognized by law.
POLLUTANT — Any material which may cause or might reasonably be expected to cause
pollution of waters of the state, including but not limited to dredged spoil; filter backwash;
solid waste; incinerator residue; treated or untreated sewage; animal wastes; cooking grease;
detergents; oil; antifreeze and other automotive fluids or residues; fertilizers; pesticides;
herbicides; garbage; sewage sludge; munitions; chemical wastes; paints; varnishes; solvents;
pharmaceuticals; biological materials; radioactive materials; hazardous materials; heat;
wrecked or discarded equipment; rock; sand; industrial waste (including but not limited to
process wastewater and wash water); municipal waste; agricultural waste; ballast; and wastes
and residues that result from constructing or remodeling a building or other structure
(including but not limited to concrete, cement, slurries, mud, plasters and concrete rinsates).
POLLUTION — The human-made or human-induced alteration of the chemical, physical,
biological,thermal or radiological integrity of water.
PREMISES — Any building, structure, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
SMO— Stormwater Management Officer.
227:3 10-01 -2008
§ 227-2 ITHACA CODE § 227-2
SPDES PERMIT — A State Pollutant Discharge Elimination System permit issued by DEC
to authorize the discharge of pollutants to the waters of the state.
STATE— New York State.
STORMWATER— Any surface flow, runoff, and drainage consisting entirely of water from
any form of natural precipitation (such as rain, snow or ice) and resulting from such
precipitation.
STORMWATER MANAGEMENT OFFICER — The Town Engineer, his or her designee,
and any other public official(s) designated by the Town Board.
SURFACE WATERS — All aboveground waters of the state that lie within the Town's
municipal boundaries or are within the Town's jurisdiction.
303(d) LIST— A list of all surface waters in the state for which beneficial uses of the water
(drinking, recreation, aquatic habitat, and industrial use) are impaired by pollutants, prepared
periodically by DEC as required by Section 303(d) of the Clean Water Act, 33 U.S.C.
§§ 1251 et seq. Section 303(d)-listed waters are estuaries, lakes and streams that fall short of
state surface water quality standards and are not expected to improve within the next two
years.
TMDL— Total maximum daily load.
TOTAL MAXIMUM DAILY LOAD — The maximum amount of a pollutant allowed to be
released into a water body so as not to impair uses of the water, allocated among the sources
of that pollutant.
TOWN— The Town of Ithaca, New York.
WASTEWATER — Water that is not stormwater, is contaminated with pollutants, and is or
will be discarded.
WATERS OF THE STATE — Lakes, ponds, impounding reservoirs, springs, wells, rivers,
intermittent and perennial streams, creeks, wetlands, marshes, inlets, canals, man-made bodies
of water created for the treatment of stormwater, and all other bodies of surface or
underground water, natural or artificial, public or private (except those private waters that do
not combine or effect a junction with natural surface or underground waters), which are
wholly or partially within or bordering the state or within its jurisdiction. Storm sewers and
nonstonmwater waste treatment systems, including treatment ponds or lagoons, which meet the
criteria of this definition are not waters of the state. This exclusion applies only to man-made
bodies of water which neither were originally created in Waters of the State (such as a
disposal area in wetlands) nor resulted from impoundment of waters of the state.
WETLANDS — Any area that is inundated or saturated by surface or ground water at a
frequency and duration sufficient to support, and that under normal circumstances does
support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
227:4 10-01 -2008
STORM SEWER SYSTEM AND SURFACE WATERS
§ 227-3 PROTECTION § 227-6
§ 227-3. Applicability.
All references to discharges in this chapter shall apply to all discharges entering the municipal
storm sewer system or surface waters generated on any developed or undeveloped lands,
unless explicitly exempted or otherwise authorized by this chapter.
§ 2274. Responsibility for administration.
The Stormwater Management Officer(s) (SMO) shall administer, implement, and enforce the
provisions of this chapter. The SMO shall have such additional powers and duties as the
Town Board may delegate to him or her.
§ 227-5. Discharge prohibition.
A. No person shall discharge or cause to be discharged into the municipal storm sewer
system or surface waters any material or substance that is not composed entirely of
stormwater, unless it is an authorized discharge as set forth in § 227-6.
B. This prohibition applies to direct discharges (such as through pipes, hoses, or
human-created channels) and indirect discharges (such as through sheet flow,
groundwater infiltration, or natural swales) into the municipal storm sewer system or
surface waters.
C. Any person who is notified that it is violating the prohibitions in this section shall
immediately take appropriate action to abate the violation and comply with this section.
§ 227-6. Authorized discharges.
A. The discharge prohibition in § 227-5 shall not apply to the following:
(1) Discharges authorized under an SPDES permit, waiver, or waste discharge order
issued to the discharger and administered under DEC's authority, provided that the
discharger is in full compliance with all requirements of the permit, waiver, or
order and other applicable laws and regulations, and further provided that DEC has
granted written approval for the discharge into the municipal storm sewer system
or surface water.
(2) Discharges approved in writing by the SMO to protect life or property from
imminent harm or damage, provided that such approval shall not be construed to
constitute compliance with other applicable laws and requirements, and further
provided that such discharges may be permitted for a specified time period and
under such conditions as the SMO may deem appropriate to protect such life and
property while reasonably maintaining the purpose and intent of this chapter.
(3) Dye testing in compliance with applicable state and local laws, provided that the
discharger provides a verbal notification to the SMO prior to the time of the test.
B. The following nonstormwater discharges are permissible, but only if they do not result in
a violation of New York State water quality standards, the DEC or Town has not
227:5 10-01-2008
§ 227-6 ITHACA CODE § 227-7
determined them to be substantial contributors of pollution, and they are undertaken in
compliance with any applicable or required best management practices:
(1) Water supply line flushing.
(2) Discharges from potable water sources.
(3) Runoff and infiltration from landscape irrigation.
(4) Runoff and infiltration from lawn watering.
(5) Existing legally diverted stream flows.
(6) Rising groundwater.
(7) Uncontaminated groundwater infiltration to storm drains.
(8) Uncontaminated pumped groundwater.
(9) Uncontaminated groundwater from foundation and footing drains.
(10) Uncontaminated groundwater from crawl space and basement sump pumps.
(11) Air-conditioning condensate.
(12) Irrigation water.
(13) Springs.
(14) Water from individual residential car washing.
(15) Flows from natural riparian habitats and wetlands.
(16) Dechlorinated swimming pool discharges.
(17) Residential street wash water.
(18) Water from fire-fighting activities.
(19) Any other water source not containing pollutants.
§ 227-7. Prohibited connections.
A. No person shall construct, use, maintain or permit the continued existence of any
human-created connection to the municipal storm sewer system or surface waters via
pipe, hose, drain, plumbing, channel, or other human-created conveyance, whether on the
surface or subsurface, where said connection could allow an illicit discharge into the
municipal storm sewer system or surface waters.
B. This prohibition expressly includes, without limitation, illicit connections that were made
prior to the effective date of this chapter and regardless of whether the connection was
permissible or approved under law or practices applicable or prevailing at the time of
connection.
227:6 10-01 -2009
STORM SEWER SYSTEM AND SURFACE WATERS
§ 227-7 PROTECTION § 227-8
C. Any person who is notified that it is violating the prohibitions in this section shall
immediately take appropriate action to abate the violation and comply with this section.
§ 227-8. Prohibition against activities contaminating stormwater.
The following activities are prohibited:
A. Activities that cause or contribute to a violation of the Town's Municipal Separate Storm
Sewer System SPDES permit.
B. Activities that cause or contribute to the triggering of any of the following special
conditions in the Town's Municipal Separate Storm Sewer System SPDES permit:
(1) Discharge compliance with water quality standards: This condition is triggered
where DEC has notified the Town that the discharge of stormwater authorized
under its Municipal Separate Storm Sewer System SPDES permit may have caused
or has the reasonable potential to cause or contribute to the violation of an
applicable water quality standard. Under this condition, the Town must take all
necessary actions to ensure future discharges do not cause or contribute to a
violation of water quality standards.
(2) 303(d)-listed waters: This condition is triggered where the municipal storm sewer
system discharges to a 303(d)-listed water. Under this condition, the Town's
stormwater management program must ensure no increase of the listed pollutant of
concern to the 303(d)-listed water.
(3) TMDL strategy. This condition is triggered where a TMDL, including
requirements for control of stormwater discharges, has been approved by the EPA
for a water body or watershed into which the municipal storm sewer system
discharges.
(4) This condition is triggered if a TMDL is approved in the future by the EPA for
any water body or watershed into which a municipal storm sewer system
discharges. Under this condition, the Town must review the applicable TMDL to
see if it includes requirements for control of stormwater discharges. If a municipal
storm sewer system is not meeting the TMDL stormwater allocations, the Town
must, within six months of the TMDL's approval, modify its stormwater
management program to ensure that reduction of the pollutant of concern specified
in the TMDL is achieved.
C. Such prohibited activities include, but are not limited to, improper management of animal
waste, application of fertilizer or pesticide not in accordance with label directions, and
storage of fertilizers or pesticides so they are exposed to stormwater, where such
activities cause or contribute to violations of the Town's Municipal Separate Storm Sewer
System SPDES permit or cause or contribute to the triggering of any of the special
conditions in said permit.
D. Any person who is notified that its activities violate the prohibitions in this section shall
immediately modify or abate such activities so they are no longer in violation.
227:7 10-01 -2008
§ 227-8 ITHACA CODE § 227-11
E. Failing individual sewage treatment systems may also contaminate stormwater, and the
failure to properly maintain and operate an individual sewage treatment system is a
violation of the Tompkins County Sanitary Code. If the Town receives notification of a
potentially failing system, the Town will refer the report to the Tompkins County Health
Department.
§ 227-9. Requirement to use best management practices to prevent, control and reduce
stormwater pollutants.
A. Where the Stormwater Management Officer has identified an illicit discharge or an
activity prohibited by § 227-8, the Town may, among other things, require
implementation of best management practices to control said discharges or practices.
Examples of best management practices include, but are not limited to, spill response
plans, proper storage of hazardous materials, and the marking of storm drains on
commercial, industrial, or institutional properties.
B. The owner and/or operator of premises used for commercial, industrial or institutional
purposes that violates said prohibitions may be required to provide, at its own expense,
reasonable protection from accidental discharge of pollutants into the municipal storm
sewer system or surface waters through the use of structural and/or nonstructural best
management practices.
C. The owner and/or operator of premises which are, or may be, the source of a prohibited
discharge or activity may be required to implement, at said person's expense, structural
and/or nonstructural best management practices to reduce or eliminate the source of
pollutant(s) to the municipal storm sewer system or surface waters.
§ 227-10. Industrial or construction activity discharges.
Any person subject to an industrial or construction activity SPDES stonmwater discharge
permit shall comply with all provisions of such permit. The Town may require proof of
compliance with said permit in a form acceptable to the Town before it allows such
discharges to the municipal storm sewer system.
§ 227-11. Suspension of access to municipal storm sewer system.
A. The SMO may, without prior notice, suspend municipal storm sewer system discharge
access to a person when such suspension is necessary to stop an actual or threatened
discharge which presents or may present imminent and substantial danger to the
environment, to the health or welfare of persons, or to the municipal storm sewer system.
The SMO shall notify the person of such suspension in writing within a reasonable time
thereafter of the reasons for the suspension. If the recipient fails to comply with a
suspension order issued in an emergency, the SMO may take such steps as deemed
necessary to prevent or minimize damage to the municipal storm sewer system and/or to
minimize danger to persons.
B. Suspension due to the detection of illicit discharge. Any person discharging to the
municipal storm sewer system in violation of this chapter may have its access terminated
227:8 10-01 -2008
STORM SEWER SYSTEM AND SURFACE WATERS
§ 227-11 PROTECTION § 227-12
if such termination would abate or reduce an illicit discharge. The SMO shall notify an
alleged violator in writing of the proposed termination of its access and the reasons
therefor. If the alleged violator disputes the SMO's allegations, it may appeal to the Town
Board pursuant to the procedures set forth in § 227-14C. Access may be granted by the
Town Board if it finds that the illicit discharge has ceased and the discharger has taken
steps to prevent its recurrence. Access may be denied if the Town Board determines in
writing that the illicit discharge has not ceased or is likely to recur. The Town Board's
decision shall constitute a final agency action.
C. No person shall reinstate municipal storm sewer access to premises terminated pursuant
to this § 227-11 without the prior written approval of the SMO.
§ 227-12. Access to premises; monitoring of discharges.
A. Applicability. This section applies to all premises that the SMO must inspect to enforce
or verify compliance with any provision of this chapter and to all premises upon which
the Town has reason to believe that there exists, or potentially exists, a condition which
constitutes a violation of this chapter.
B. Access to premises.
(1) The SMO shall be permitted to enter and inspect premises as often as may be
necessary to determine compliance with this chapter. If the owner, operator or
occupant of the premises has security measures in force which require proper
identification and clearance before entry, such person shall make the necessary
arrangements to allow access to the SMO.
(2) The owners, operators and occupants of premises shall allow the SMO ready
access to all parts of the premises for the purposes of inspection, sampling,
examination and copying of records as may be required to implement and enforce
this chapter.
(3) The Town shall have the right to set up upon any premises and to operate and
monitor such devices as are necessary in the opinion of the SMO to conduct
monitoring and/or sampling of discharges from the premises into the municipal
storm sewer system or surface waters.
(4) The Town has the right to require the owners, operators or occupants of premises
to install monitoring equipment as is reasonably necessary to determine compliance
with this chapter. Such person shall maintain such sampling and monitoring
equipment in a safe and proper operating condition at all times and at its own
expense. All devices used to measure stormwater flow and quality shall be
calibrated to ensure their accuracy, and written proof of such calibration shall be
submitted to the SMO upon his or her request.
(5) The owners, operators and occupants of premises shall not unreasonably delay the
Town in its access to the premises, nor shall they deny the Town reasonable access
to the premises where such access is required to conduct any activity authorized or
required by this chapter.
227.9 10-01 -2009
§ 227-12 ITHACA CODE § 227-14
(6) If the SMO has been refused access to any part of the premises to which access is
authorized or required pursuant to this chapter and the SMO is able to demonstrate
probable cause to believe that there may be a violation of this chapter, or that there
is a need to inspect and/or sample as part of a routine inspection and sampling
program designed to verify compliance with this chapter or any order issued
hereunder, then the SMO may seek issuance of a warrant from any court of
competent jurisdiction.
§ 227-13. Notification and records of spills.
A. Notwithstanding any other requirements of law, as soon as any person responsible for
any premises (including any facility or operation thereon) or for emergency response for
any premises, facility or operation has information of any known or suspected release of
materials which are resulting or may result in an illicit discharge into the municipal storm
sewer system or surface waters, said person shall take all necessary steps to ensure the
discovery, containment, and cleanup of such release. In the event of a release of
hazardous materials into the municipal storm sewer system or surface waters, said person
shall immediately notify the relevant emergency response agencies of the occurrence via
emergency dispatch services (911) and then immediately notify the SMO as soon as
possible. In the event of a release of nonhazardous materials into the municipal storm
sewer system or surface waters, said person shall notify the SMO by no later than the
next business day. All notifications shall be confirmed by written notice addressed and
mailed to the SMO within three business days of the release or discovery thereof.
B. If the illicit discharge emanates from a commercial, industrial or institutional
establishment, the owner or operator of such establishment shall also retain an on-site
written record of the discharge and the actions taken to prevent its recurrence. Such
records shall be retained for at least three years.
§ 227-14. Enforcement; penalties for offenses.
A. Notice of violation.
(1) When the SMO determines that any person has violated a prohibition or failed to
meet any other requirement of this chapter, the SMO may order compliance by
written notice of violation to the responsible person. Such notice may require,
without limitation:
(a) The performance of monitoring, analyses, and reporting;
(b) The elimination of illicit connections or illicit discharges;
(c) That violating discharges, practices, or operations cease and desist;
(d) The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property; and/or
(e) The implementation of source control or treatment best management
practices.
227:10 10-01-2008
STORM SEWER SYSTEM AND SURFACE WATERS
§ 227-14 PROTECTION § 227-14
(2) If abatement of a violation and/or restoration of affected property is required, the
notice of violation shall set forth a deadline within which such remediation or
restoration must be completed. Said notice of violation shall further advise that,
should the violator fail to remediate or restore within the established deadline, the
work may be done by a designated governmental agency or a contractor, with the
expense thereof to be charged to the violator and/or to become a lien against the
premises.
B. Town's performance of remediation and restoration.
(1) If any remedial or restoration measures are not completed to the satisfaction of the
SMO within the period set forth in the Town's notice of violation or Town Board's
decision after any appeal thereof pursuant to Subsection C below, the Town may
enter the premises to undertake the remedial or restoration measures or cause them
to be made. The Town's entry onto such premises shall be pursuant to an
agreement between the Town and the landowner. If no agreement exists or can be
obtained in a timely manner, the Town may enter such property to remove an
imminent danger to life, property or safety of the public caused by the activities
that violate this chapter. The Town further may seek a warrant from a court of
competent jurisdiction for access to the premises and/or may seek a court order
requiring or authorizing all actions reasonably necessary to abate the violation
and/or restore the property, with the costs of such actions the sole responsibility of
the violator.
(2) The Town shall present the landowner with a bill for all costs and expenses
incurred by the Town in connection with the remedial and restoration measures. If
the landowner shall fail to pay such costs and expenses within 15 days after the
demand for same, or within 30 days of the final decision on any administrative or
judicial contest the landowner may pursue, then such unpaid costs, expenses and
interest (at the statutory interest rate for money judgments in New York State
courts) incurred from the date of the remedial and restoration measures shall
constitute a lien upon the land on which such measures were undertaken. A legal
action or proceeding may be brought to collect such costs, expenses, interest, and
recoverable attorney's fees or to foreclose such lien. As an alternative to the
maintenance of any such action, the Town may file a certificate with the Tompkins
County Department of Assessment stating the costs and expenses incurred and
interest accruing as aforesaid, together with a statement identifying the property
and landowner. The Tompkins County Department of Assessment shall in the
preparation of the next assessment roll assess such unpaid costs, expenses and
interest upon such property. Such amount shall be included as a special ad valorem
levy (administered as a move tax) against such property, shall constitute a lien, and
shall be collected and enforced in the same manner, by the same proceedings, at
the same time, and under the same penalties as are provided by law for collection
and enforcement of real property taxes in the Town of Ithaca. The assessment of
such costs, expenses and interest shall be effective even if the property would
otherwise be exempt from real estate taxation.
227:11 10-01-2008
§ 227-14 ITHACA CODE § 227-14
(3) The Town's rights to undertake remedial and restoration measures and recover the
costs from the landowner are in addition to all other rights and remedies allowed
by this chapter or by law or in equity.
C. Appeals of notices of violation, notices of proposed suspension of access, and Town
bills. Any person receiving a notice of violation, notice of proposed suspension of access
to the municipal storm sewer system, or a bill for Town costs and expenses may appeal
to the Town Board by, within 15 days of receipt of such notice or bill, delivering to the
Town Clerk at the Town offices an appeal requesting a reconsideration and
administrative hearing before the Town Board. Such appeal shall state the basis for the
request for reconsideration and shall be accompanied by any supporting materials. Failure
to serve such an appeal within 15 days shall be deemed a waiver of any claim or defense
that the notice or bill is not justified, and the violator shall comply with the requirements
of the notice or pay the bill. If the appeal is timely filed, the Town Board shall, within 40
days of the filing, hold a hearing and, based upon any relevant materials presented by the
Town and the appellant, shall issue a resolution deciding the appeal within 30 days after
the hearing. Such resolution shall be filed with the Town Clerk, who shall arrange for
delivery of a copy of the decision to the appellant within five days after such filing, at
the address for such person designated in the appeal or at such other address as the
appellant may thereafter designate in writing to the Town Clerk. The Town Board's
decision after the hearing shall constitute a final agency action.
D. Fines, penalties and injunctive relief.
(1) Fines and imprisonment.
(a) A violation of any of this chapter's requirements is hereby declared to be an
offense, with conviction of a first offense punishable by a fine of up to $500
or imprisonment not to exceed 15 days, or both. For conviction of a second
or subsequent offense which was committed within a period of five years
from the commission of the prior offense, a violator shall be subject to a fine
of up to $1,000 or imprisonment not to exceed 15 days, or both.
(b) Each day a violation exists shall constitute a separate violation.
(c) Any police officer, peace officer, Town Code Enforcement Officer, or any
other person who may be lawfully designated by the Town Board shall have
the authority to issue appearance tickets in connection with such violations.
(2) Civil penalties and injunctions.
(a) Persons violating any of this chapter's requirements shall be liable for a civil
penalty of up to $500 for a first violation and up to $1,000 for a second or
subsequent violation which was committed within a period of five years from
the commission of the prior violation.
(b) Each day a violation exists shall constitute a separate violation.
(c) The Attorney for the Town or his or her designee may commence an action
or special proceeding against the violator in a court of competent jurisdiction
to collect these penalties, together with costs, disbursements and recoverable
227:12 10-01 -2009
STORM SEWER SYSTEM AND SURFACE WATERS
§ 227-14 PROTECTION § 227-16
attorney's fees, and/or to compel compliance with this chapter or restrain by
injunction any such violation.
E. Withholding of building permits and certificates of occupancy. If any activity is
undertaken or condition exists in violation of this chapter, the SMO or Town Code
Enforcement Officer may withhold or revoke any building permit or withhold a
certificate of occupancy.
F. Alternative remedies.
(1) Upon the recommendation of the Attorney for the Town and concurrence of the
SMO, the Town and any violator of this chapter may agree that the violator will
voluntarily be subject to alternative remedies in lieu of the Town's seeking a civil
penalty. Such an agreement is appropriate where:
(a) The violation was unintentional;
(b) The violator has no history of previous violations of this chapter;
(c) Environmental damage did not occur or was minimal;
(d) The violator acted quickly to remedy the violation; and
(e) The violator cooperated in the investigation and the violation's resolution.
(2) Alternative remedies may consist of one or more of the following:
(a) Attendance at compliance workshops.
(b) Storm drain stenciling or storm drain marking.
(c) River, stream or creek cleanup activities.
(d) Any other activity deemed by the Town to be a significant contribution to the
health, safety and welfare of the Town, its citizens and/or the environment.
§ 227-15. Violations deemed a public nuisance.
In addition to the enforcement processes and penalties provided in this chapter, any condition
caused or permitted to exist in violation of any of the provisions of this chapter is hereby
deemed and declared to be a threat to public health, safety, and welfare and is declared and
deemed a nuisance and may be summarily abated or restored at the violator's expense, and/or
a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be
undertaken by the Town in its sole discretion.
§ 227-16. Remedies not exclusive.
The remedies set forth in this chapter are not exclusive of any other remedies available under
any applicable federal, state or local law, and it is within the discretion of the Town to seek
cumulative remedies.
227:13 10-01-2008
VEHICLES AND TRAFFIC
On Judd Falls Road at Campus Road,northbound approach
On Judd Falls Road at Campus Road, southbound approach
On Judd Falls Road(north end)at Forest Home Drive [Added 1-10-2005 by L.L.No. 1-20051
On Judd Falls Road at Tower Road,northbound approach
On Judd Falls Road at Tower Road, southbound approach
On LaGrand Court at Chase Lane
On Landmark Drive at Park Lane
On Larissa Lane at Schickel Road intersection [Added 3-10-2008 by L.L.No.6-2008]
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 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 Old Gorge Road at intersection with Southwoods Drive [Added 3-10-2008 by L.L. No. 6-
20081
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 Lois Lane,eastbound approach [Amended 1-10-2005 by L.L.No. 1-20051
On Peng Lane at intersection with Bundy Road [Added 3-10-2008 by L.L.No.6-20081
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 Elm Street Extension [Added 1-10-2005 by L.L.No. 1-20051
On Regency Lane at Snyder Hill Road
On Renwick Heights Road at Renwick Drive
On Roat Street at intersection with Blackstone Avenue [Added 3-10-2008 by L.L.No.6-20081
On Roat Street at intersection with Orchard Street,eastbound approach [Added 3-10-2008 by
L.L.No.6-20081
250 Attachment 1:3 10-01-2008
ITHACA CODE
On Roat Street at intersection with Orchard Street, westbound approach [Added 3-10-2008 by
L.L.No.6-20081
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 Sanctuary Drive at Sapsucker Woods Road
On Sandra Place at Winthrop Drive
On Saranac Way at its north intersection with Whitetail Drive
On Saranac Way at its south intersection with Whitetail Drive
On Sharlene Road at Snyder Hill Road [Added 7-27-2008 by L.L.No. 12-2008]
On Sharlene Road at Tudor Road [Added 7-27-2008 by L.L.No. 12-20081
On Simsbury Drive at Brandywine Drive
On Sky-Vue Road at Snyder Hill Road
On Stone Quarry Road at King Road West
On Strawberry Hill Road at Wildflower Drive
On Sugarbush Lane at Snyder Hill 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 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
250 Attachment 1:4 10-01-2008
VEHICLES AND TRAFFIC
On West Hill Circle at intersection with West Hill Drive(both intersections) [Added 3-10-2008
by L.L.No.6-20081
On West Hill Circle on the westerly exit of the bus turnaround [Added 3-10-2008 by L.L.No.
6-20081
On Westview Road at Towerview Drive,northwestbound approach
On Wildflower Drive at Honness Lane
On Wildflower Drive(north end) at intersection with Strawberry Hill Circle [Added 3-10-2008
by L.L.No.6-20081
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
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 Whitetail Drive at its northerly intersection with Saranac Way, eastbound approach [Added
10-4-19991
On Whitetail Drive at Teton Court,westbound approach [Added 104-19991
On Woodgate Lane at Poole Road
On Wyckoff Road at Renwick Drive
250 Attachment 1:5 10-01-2008
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 [Repealed 3-10-2008 by L.L.No.6-20081
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 Lois Lane,westbound approach [Amended 1-10-2005 by L.L.No. 1-20051
On Pinewood Place at Birchwood Drive North
On Pineview Terrace at Juniper Drive
On Sharlene Road at Snyder Hill Road [Repealed 7-27-2008 by L.L.No. 12-20081
On Sharlene Road at Tudor Road [Repealed 7-27-2008 by L.L.No. 12-20081
On Sunnyhill Lane at Harwick Road lRepealed 1-10-2005 by L.L.No. 1-20051
250 Attachment 2:1 10-01-2008
Chapter 270
ZONING
ARTICLE I § 270-15. Accessory buildings and
Title uses authorized by special
approval only.
§ 270-1. Title. § 270-16. Height limitations.
ARTICLE II § 270-17. Yard regulations.
Purpose § 270-18. Lot coverage.
§ 270-19. Size and area of lot.
§ 270-2. Purpose. § 270-20. Clustering.
§ 270-21. Parking.
ARTICLE III
Terminology § 270-22. Additional requirements and
restrictions.
§ 270-3. Word usage. § 270-23. Park and recreation
§ 2704. Controlling regulation. setasides and fees in lieu
thereof.
§ 270-5. Definitions. § 270-24. Site plan approval.
ARTICLE IV ARTICLE VI
Establishment of Zones Agricultural Zones
§ 270-6. Enumeration of zones. § 270-25. Purpose.
§ 270-7. Continuation of special land
§ 270-26. Permitted principal uses.
use districts.
§ 270-8. Zone boundaries. § 270-27. Principal uses authorized by
special permit only.
§ 270-9. Prohibition of uses. § 270-28. Principal uses authorized by
ARTICLE V special approval only.
Conservation Zones § 270-29. Permitted accessory
buildings and uses.
§ 270-10. Purpose. § 270-30. Accessory buildings and
§ 270-11. Permitted principal uses. uses authorized by special
approval only.
§ 270-12. Principal uses authorized by
special permit only. § 270-31. Height limitations.
§ 270-13. Additional requirements for § 270-32. Yard regulations.
special permit. § 270-33. Building area.
§ 270-14. Permitted accessory § 270-34. Size and area of lot.
buildings or uses.
270:1 10-01-2008
ITHACA CODE
§270-35. Density limitations and § 270-57. Accessory buildings and
limitations on subdivision of uses authorized by special
parent tracts. approval only.
§ 270-36. Parking. § 270-58. Accessory buildings and
§ 270-37. Additional special uses authorized by special
requirements. permit only.
§270-38. Site plan approval. § 270-59. Height limitations.
§270-39. Right to farm. § 270-60. Yard regulations.
§ 270-61. Building area.
ARTICLE VII § 270-62. Size and area of lot.
Lakefront Residential Zones § 270-63. Special properties.
§27040. Purpose. § 270-64. Parking.
§27041. Permitted principal uses. ARTICLE IX
§27042. Principal uses authorized by Medium Density Residential Zones
special permit only.
§ 27043. Permitted accessory § 270-65. Purpose.
structures and uses. § 270-66. Permitted principal uses.
§ 270-44. Accessory buildings and § 270-67. Principal uses authorized by
uses authorized by special special permit only.
approval only.
§ 270-68. Permitted accessory
§270-45. Accessory structures and buildings and uses.
uses authorized by special
permit only. § 270-69. Accessory buildings and
uses authorized by special
§27046. Height limitations. approval only.
§27047. Yard regulations. § 270-70. Height limitations.
§27048. Building area. § 270-71. Yard regulations.
§27049. Size and area of lot. § 270-72. Building area.
§270-50. Special properties. § 270-73. Size and area of lot.
§270-51. Parking. § 270-74. Special properties.
§270-52. Special requirements. § 270-75. Parking.
ARTICLE VIII ARTICLE X
Low Density Residential Zones High Density Residential Zones
§ 270-53. Purpose. § 270-76. Purpose.
§270-54. Permitted principal uses. § 270-77. Permitted principal uses.
§270-55. Principal uses authorized by § 270-78. Principal uses authorized by
special permit only. special permit only.
§270-56. Permitted accessory
buildings and uses.
270:2 10-01-2008
ZONING
§ 270-79. Permitted accessory § 270-104. Minimum area for multiple
buildings and uses. residence zone.
§ 270-80. Accessory buildings and § 270-105. Height limitations.
uses authorized by special § 270-106. Yard regulations.
approval only.
§ 270-107. Building area.
§ 270-81. Height limitations.
§ 270-108. Minimum usable open
§ 270-82. Yard regulations. space.
§ 270-83. Building area. § 270-109. Size and area of lot.
§ 270-84. Size and area of lot. § 270-110. Parking.
§ 270-85. Special properties. § 270-111. Additional special
§ 270-86. Parking. requirements.
§ 270-112. Site plan approval.
ARTICLE XI
Mobile Home Park Zones ARTICLE XIII
Commercial Zones Generally
§ 270-87. Purpose.
§ 270-88. Minimum area. § 270-113. Purpose.
§ 270-89. Permitted principal uses. § 270-114. Permitted accessory uses.
§ 270-90. Principal uses authorized by § 270-115. Minimum area for
special permit only. commercial zone.
§ 270-91. Permitted accessory uses. § 270-116. Height limitations.
§ 270-92. (Reserved) § 270-117. Yard regulations.
§ 270-93. Height limitations. § 270-118. Building area.
§ 270-94. Yard regulations. § 270-119. Minimum usable open
§ 270-95. Building area. space.
§ 270-96. Lot area. § 270-120. Size and area of lot.
§ 270-97. Special requirements. § 270-121. Parking.
§ 270-98. Site plan approvals. § 270-122. Additional special
requirements.
ARTICLE XII § 270-123. Drive-through operations.
Multiple Residence Zones § 270-124. Site plan approval.
§ 270-99. Purpose. ARTICLE XIV
§ 270-100. Permitted principal uses. Neighborhood Commercial Zones
§ 270-101. Permitted accessory
b § 270-125. Purpose.
buildings and uses.
§ 270-102. Principal uses authorized by § 270-126. Permitted principal uses.
special permit only. § 270-127. Principal uses authorized by
§ 270-103. (Reserved) special permit only.
270:3 10-01 -2008
ITHACA CODE
§ 270-128. Maximum building size. ARTICLE XIX
Light Industrial Zones
ARTICLE XV
Office Park Commercial Zones § 270-143. Purpose.
§ 270-144. Permitted principal uses.
§270-129. Purpose. § 270-145. Adult entertainment uses
§ 270-130. Permitted principal uses. authorized by special
§ 270-131. Principal uses authorized by approval only.
special permit only. § 270-146. Permitted accessory
§ 270-132. Additional permitted buildings and uses.
accessory uses. § 270-147. Minimum area for a light
industrial zone.
ARTICLE XVI § 270-148. Height limitations.
Community Commercial Zones § 270-149. Yard regulations.
§ 270-133. Purpose. § 270-150. Building area.
§ 270-134. Permitted principal uses. § 270-151. Minimum usable open
§ 270-135. Principal uses authorized by space.
special permit only. § 270-152. Size and area of lot.
§ 270-153. Parking.
ARTICLE XVII § 270-154. Additional special
Vehicle Fueling and Repair Commercial requirements.
Zones § 270-155. Performance standards.
§ 270-136. Purpose. § 270-156. Site plan approval.
§ 270-137. Permitted principal uses. ARTICLE XX
§ 270-138. Principal use authorized by Industrial Zones
special permit only.
§ 270-157. Purpose.
ARTICLE XVIII § 270-158. Permitted principal uses.
Lakefront Commercial Zones
§ 270-159. Prohibited uses.
§ 270-139. Purpose. § 270-160. Permitted accessory
§ 270-140. Permitted principal.uses. buildings and uses.
§ 270-141. Principal uses authorized by § 270-161. Placement of accessory
special permit only. structures.
§ 270-142. Accessory uses authorized § 270-162. Minimum area for an
by special permit only. industrial zone.
§270-142.1. Additional yard regulations. § 270-163. Height limitations.
§ 270-164. Yard regulations.
§ 270-165. Building area.
270:4 10-01 -2009
ZONING
§ 270-166. Minimum usable open § 270-187. Waiver of requirements.
space. § 270-188. Considerations for approval.
§ 270-167. Size and area of lot. § 270-189. Limitations on construction.
§ 270-168. Parking. § 270-190. Reservation of parkland on
§ 270-169. Additional special site plans containing
requirements. residential units.
§ 270-170. Performance standards. § 270-191. Modifications of site plans.
§ 270-171. Site plan approval. § 270-192. Letter of credit.
§ 270-193. Completion of
ARTICLE XXI improvements.
Planned Development Zones § 270-194. Expiration of site plan
§ 270-172. Purpose. approval.
§ 270-173. Establishment and location. ARTICLE XXIV
§ 270-174. Permitted principal and Special Permits and Special Approvals
accessory uses.
§ 270-175. Additional requirements. § 270-195. Purpose.
§ 270-176. Minimum area for Planned § 270-196. Requirement preceding
Development Zone. issuance of building permit
§ 270-177. Yard and other regulations. or certificate of occupancy.
§ 270-178. Site plan approval. § 270-197. Applicability.
§ 270-198. Procedure.
ARTICLE XXII § 270-199. Waiver of requirements.
Procedures for Creation of New Zones § 270-200. Considerations for approval.
§ 270-201. Modifications of special
§ 270-179. Zones to which applicable. permits or special approvals.
§ 270-180. General provisions. § 270-202. Expiration of special permit
§ 270-181. Procedures for creation of a or special approval.
zone.
ARTICLE XXV
ARTICLE XXIII Nonconforming Uses
Site Plan Review and Approval
Procedures § 270-203. Nonconforming lots of
record.
§ 270-182. Purpose. § 270-204. Nonconforming uses of land.
§ 270-183. Site plan required prior to § 270-205. Nonconforming structures.
building permit or
occupancy. § 270-206. Nonconforming uses of
certificate r
§ 270-184. Applicability, structures.
§ 270-207. Interruption of
§ 270-185. Procedure. nonconforming use.
§ 270-186. Site plan requirements.
270:5 10-01-2008
ITHACA CODE
§ 270.208. Dwellings on nonconforming § 270.221. Side yard on corner lot.
lots. § 270-222. Porches and carports.
§ 270-209. Continuation of § 270.223. Fences and walls.
construction.
§ 270.224. Projections in yards.
§ 270-210. Alterations in use.
§270-225. Reduction of lot area.
§ 270.211. Restoration. §270.226. More than one building on a
§ 270-212. Board of Appeals lot.
determination.
§ 270.227. Parking facilities.
§ 270-213. Variance criteria. §270.228. Approval of County Health
§ 270-214. Amortization of certain Department.
nonconforming uses relating
to pre-1991 residential § 270.229. Abandoned cellar holes and
occupancies. buildings.
§ 270-214.1. Nonconforming farms in §270.230. Agricultural lands in
Medium Density Residential County Agricultural
Zones.
Districts.
ARTICLE XXVI ARTICLE XXVIII
Special Regulations Administration
§ 270-215. Mobile homes and trailers. § 270-231. Enforcement.
§ 270-216. Elder cottages. §270-232. Applications for approvals,
remedies or relief.
§ 270-217. Extraction or deposit of fill
and related products. §270-233. Permit to build.
§ 270-218. Limitations on vehicle § 270.234. Certificate of occupancy.
repair garages and gasoline §270.235. Zoning Board of Appeals.
sales stations. § 270.236. Planning Board.
§ 270-219. Telecommunications § 270.237. Posting of notices.
facilities.
§ 270.238. Entry and inspection.
§ 270-219.1. Solar collectors and
§ 270-239. Violations and penalties.
installations.
§ 270-219.2. Limitations on home § 270-240. Amendments.
occupations. § 270.241. Validity.
§ 270-219.3. Amateur radio facilities. § 270-242. Existing Zoning Ordinance
§ 270.219.4. Small wind energy facilities. amended, readopted and
reenacted.
ARTICLE XXVII §270.243. Fees.
General Provisions § 270.244. Effective date.
§ 270-245. Transition provisions.
§ 270.220. Building floor area.
270:6 10-01 -2008
ZONING
[HISTORY: Adopted by the Town Board of the Town of Ithaca 12-8-2003 by L.L. No.
7-2003. Amendments noted where applicable.]
270:6.1 10-01 -2008
§ 270-5 ZONING § 270-5
(1) Books, magazines, periodicals, or other printed matter or photographs, films,
motion pictures, video cassettes, slides or other visual representations, which are
characterized by an emphasis upon the depiction or description of specified sexual
activities or specified anatomical areas, or
(2) Instruments, devices or paraphernalia which are designed for use in connection
with specified sexual activities.
C. Adult cabarets meaning any nightclub, bar (including establishments which do not serve
alcoholic beverages), restaurant, or similar establishment, which regularly features live
performances characterized by exposure of specified anatomical areas or by specified
sexual activities or films, motion pictures, video cassettes, slides or other photographic
reproductions characterized by an emphasis upon the depiction or description of specified
sexual activities or specified anatomical areas.
D. Adult motion-picture theater where, for any form of consideration, films, motion pictures,
video cassettes, slides or other photographic reproductions are regularly shown, and in
which a substantial portion of the total presentation time is devoted to the showing of
material characterized by an emphasis upon the depiction or description of specified
sexual activities or specified anatomical areas.
E. Adult theater meaning a theater, concert hall, auditorium or similar establishment which,
for any form of consideration, regularly features live performances in which a substantial
portion of the total presentation time is devoted to the exposure of specified sexual
activities or specified anatomical areas.
F. Massage parlor where, for any form of consideration, massage, alcohol rub, fomentation,
electric or magnetic treatment or manipulation of the human body is administered, unless
by a medical practitioner, chiropractor, acupuncturist, physical therapist, licensed
massage therapist, or similar professional person licensed by the state. This definition
shall not be deemed to include an athletic club, health club, school, gymnasium, reducing
salon, spa or similar establishment where massage or similar manipulation of the human
body is offered as an incidental accessory service.
G. Peep show where, for any form of consideration, persons may observe from individual
enclosures shows which regularly feature live performances characterized by exposure of
specified anatomical areas or by specified sexual activities or films, motion pictures,
video cassettes, slides, computer generated images, or other photographic reproductions
characterized by an emphasis upon the depiction or description of specified sexual
activities or specified anatomical areas.
ALTERATION—
A. As applied to a building or structure:
(1) An enlargement by increasing in height or by extending on a side, front, or back;
(2) Moving from one location or position to another;
(3) Any change, addition, or removal of the structural parts; or
270:9 10-01 -2008
§ 270-5 ITHACA CODE § 270-5
(4) Any change, addition, or removal of partitions, or any change in walls, ceiling,
windows, or doors.
B. The term "ALTER," in its various modes and tenses and its participial form, refers to the
making of an alteration.
AMATEUR RADIO FACILITIES — Structures and equipment used by amateur radio
operators who are licensed by the Federal Communications Commission, including antennas,
towers, rotors, mounts, guy wires and anchors, but this term shall not include mobile
equipment that is contained in a car or other motor vehicle or is completely portable and not
affixed in any manner to realty (the exception for mobile equipment does not extend to any
antennas attached, directly or indirectly, such as on a tower or other structure, to realty or to
other facilities used in connection with such mobile equipment). [Added 8-13-2007 by L.L.
No. 7-20071
BASEMENT — That space of a building that is partly below grade which has half, or more
than half, of its height, measured from floor to ceiling, above the average finished grade of the
ground adjoining the building.
BED-AND-BREAKFAST — A building originally built and used as a dwelling other than a
hotel or motel in which accommodations for transients are regularly offered for compensation
and which accommodations include provision of at least one meal, and in which building no
more than four bedrooms are utilized for such accommodations.
BUILDING — A structure having a roof supported by columns or by walls and intended for
shelter, housing,protection or enclosure of persons, animals or property.
BUILDING, ACCESSORY — A detached building subordinate and clearly incidental to the
principal building on the same lot and used for purposes customarily incidental to those of the
principal building.
BUILDING AREA— The total areas taken on a horizontal plane at the main grade level of
the principal building and all accessory buildings exclusive of uncovered porches, terraces and
steps.
BUILDING CODE — The New York State Uniform Fire Prevention and Building Code (9
NYCRR Part 600 et seq.) as the same may be amended from time to time, and any successor
regulations, laws or codes.
BUILDING LINE — The line formed by the intersection of the vertical plane that coincides
with the most projected exterior point of a building on any side and the ground. Front, side,
and rear building lines are respectively the building lines closest to the highway right-of-way,
side property line and rear property line.
BUILDING-MOUNTED SMALL WIND ENERGY FACILITY — A small wind energy
facility that is specifically designed for installations on the roofs, sides or other elevated
surfaces of buildings. [Added 8-11-2008 by L.L. No. 13-2008]
BUILDING, PRINCIPAL — A building within which is conducted the primary uses of the
lot on which the building is located.
270:10 10-01 -2009
§ 270-5 ZONING § 270-5
CATERER — A person or enterprise that prepares food for hire for consumption
predominantly off premises.
CELLAR— That space of a building that is partly or entirely below grade, which has more
than half of its height, measured from floor to ceiling, below the average finished grade of the
ground adjoining the building.
CHILD DAY-CARE CENTER— A facility, home, or other establishment defined as a child
day-care center in § 390 of the Social Services Law providing child care for seven or more
children for hire licensed by the New York State Department of Social Services at which day
care is provided for hire, and which is not a school, day-care home, family day-care home, or
group family day-care home. (See also "day-care home," "family day-care home," "group
family day-care home.")
270:10.1 10-01 -2008
§ 270-5 ZONING § 270-5
additional cubic capacity. A mobile home may also be designed as two or more separately
towable components designed to be joined into one integral unit capable of again being
separated into the components for repeated towing. This definition excludes travel or camping
trailers towed by a motor vehicle and neither wider than eight feet nor longer than 32 feet.
Self-propelled motor homes, or modular housing which is not built with an integral chassis
and which must be transported on a separate vehicle from factory to housing site are also
excluded from this definition. A mobile home shall be considered a one-family dwelling only
for purposes of determining the number of occupants permitted.
MOBILE HOME LOT — A parcel of land used for the placement of a single mobile home
and the exclusive use of its occupants. A mobile home lot shall be located in a mobile home
park as defined by this chapter.
MOBILE HOME PARK — A parcel of land owned by an individual, partnership, or
corporation which has been planned and improved for the placement of mobile homes.
MOBILE HOME STAND — That part of an individual mobile home lot which has been
reserved and improved for the placement of the mobile home, appurtenant structures and
additions.
MULTIPLE-FAMILY DWELLING — A building or group of buildings on one lot
containing three or more dwelling units.
NATURAL AREA — An area of land designated as a Critical Environmental Area, Unique
Natural Area, or other similar environmental designation in accordance with regulations
promulgated by the New York State Department of Environmental Conservation or any
similar successor state agency, or by any other federal, state, or local governmental unit, and
any area specifically designated as a Significant Natural Area by the Town Board of the Town
of Ithaca after notice to the owner or owners of the area and a public hearing on such
designation.
NONCONFORMING USE— A use of land existing at the time of enactment of this chapter
and its amendments which does not conform to the zoning regulations of the district in which
it is situated.
NURSERY — A lot or structure where trees, shrubs, flowering and other plants are
cultivated, grown or stored and sold.
NURSING OR CONVALESCENT HOME — A building other than a hospital where sick or
infirmed persons are lodged, furnished with meals and nursing care for hire and licensed by
the State of New York.
ONE-FAMILY DWELLING— A detached building containing a single dwelling unit.
ORDINARY HIGH WATER LINE — The line on the shore established by the fluctuations
of water and indicated by physical characteristics such as a clear, natural line impressed on
the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the
presence of litter and debris, or other appropriate means that consider the characteristics of the
surrounding areas. [Added 9-10-2007 by L.L. No. 8-20071
270:17 10-01 -2008
§ 270-5 ITHACA CODE § 270-5
PARKING SPACE — An area for the temporary parking of a motor vehicle 180 square feet
in size exclusive of the parking lot circulation areas.
PUBLIC PARKING GARAGE — A garage or other structure used for the parking of
automobiles for the public for a fee on an itinerant basis.
QUALIFIED SOLAR INSTALLER— A person who has skills and knowledge related to the
construction and operation of solar electrical equipment and installations and has received
safety training on the hazards involved. Persons who are on the list of eligible photovoltaic
installers maintained by the New York State Energy Research and Development Authority
(NYSERDA), or who are certified as a solar installer by the North American Board of
Certified Energy Practitioners (NABCEP), shall be deemed to be qualified solar installers for
the purposes of this definition. Persons who are not on NYSERDA's list of eligible installers
or NABCEP's list of certified installers may be deemed to be qualified solar installers if the
Town determines such persons have had adequate training to determine the degree and extent
of the hazard and the personal protective equipment and job planning necessary to perform the
installation safely. Such training shall include the proper use of special precautionary
techniques and personal protective equipment, as well as the skills and techniques necessary
to distinguish exposed energized parts from other parts of electrical equipment and to
determine the nominal voltage of exposed live parts. [Added 10-16-2006 by L.L. No.
11-2006]
QUALIFIED WIND ENERGY INSTALLER — A person who has skills and knowledge
related to the construction and operation of wind energy equipment and installations and has
received safety training on the hazards involved. Persons who are on the list of eligible wind
installers maintained by the New York State Energy Research and Development Authority
(NYSERDA) shall be deemed to be qualified wind energy installers. Persons who are not on
NYSERDA's list of eligible wind energy installers may be deemed qualified wind energy
installers if the Town determines such persons have had adequate training to determine the
degree and extent of the hazard and the personal protective equipment and job planning
necessary to perform the installation safely. Such training shall include the proper use of
special precautionary techniques and personal protective equipment, as well as the skills and
techniques necessary to safely install wind energy components such as towers, inverters, and
electrical wiring, to distinguish exposed energized parts from other parts of electrical
equipment, and to determine the nominal voltage of exposed live parts. [Added 8-11-2008
by L.L. No. 13-20081
SEQR — Article 8 of the New York State Environmental Conservation Law, or any similar
successor statute, together with any state regulations (presently 6 NYCRR Part 617) and local
regulations promulgated thereunder.
SHORELINE— The mean high-water elevation of Cayuga Lake along the shore.
SMALL WIND ENERGY FACILITY — A wind energy facility that supplies power
primarily to on-site structures or, in the case of a wind energy facility that is a principal use
on a lot, that supplies power primarily to structures on an adjacent lot. [Added 8-11-2008
by L.L. No. 13-20081
270:18 10-01 -2008
§ 270-5 ZONING § 270-5
SOLAR COLLECTOR— A solar photovoltaic cell, panel, or array, or solar hot air or water
collector device, which relies upon solar radiation as an energy source for the generation of
electricity or transfer of stored heat. [Added 10-16-2006 by L.L. No. 11-20061
SOLAR STORAGE BATTERY — A device that stores energy from the sun and makes it
available in an electrical form. [Added 10-16-2006 by L.L. No. 11-20061
SPECIFIED ANATOMICAL AREAS— The following areas of the human body:
A. Less than completely and opaquely covered human genitals, pubic region, buttock, and
female breast below a point immediately above the top of the areola; and
B. Human male genitals in a discernible turgid state even if completely and opaquely
covered.
SPECIFIED SEXUAL ACTIVITIES— The following activities:
A. Human genitals in a state of sexual stimulation or arousal; or
B. Acts of human masturbation, sexual intercourse or sodomy; or
C. Fondling or other erotic touching of human genitals, pubic region, buttocks or female
breast.
STREET LINE or HIGHWAY RIGHT-OF-WAY LINE— The limit of the right-of-way of a
street, road or highway. Where the word "street" appears this also means highway or road.
STORAGE — The outdoor accumulation or laying-up of manufactured products or raw
materials, or the keeping of one or more pieces of movable equipment other than pleasure
automobiles.
STRUCTURE — Anything that is constructed or erected on the ground or upon another
structure or building. "Structure" also includes anything that is constructed or erected
underground and projects up to the ground surface or above, or anything that is constructed or
erected wholly underground other than utility lines, septic and water systems, or other similar
types of underground construction wholly ancillary to a principal building or structure on the
premises. "Structure" also includes constructed parking spaces. The term "structure" includes a
building. There is excluded from the term "structure," however, underground graves, vaults or
other underground facilities for the interment of bodies.
TELECOMMUNICATIONS FACILITY — Any equipment, other than A) equipment used
by amateur radio licensees regulated by the Federal Communications Commission; or B)
equipment that is used by a governmental unit or agency that is statutorily expressly exempt
from regulation by the Town of Ithaca; or C) mobile equipment that is contained in a car or
other motor vehicle or is completely portable and not affixed in any manner to realty [the
exception for mobile equipment does not extend to any antenna(s) attached, directly or
indirectly, such as on a tower or other structure, to realty or to other facilities used in
connection with such mobile equipment); or D) devices covered by the Federal
Communication Commission's over-the-air reception devices rule, found at 47 CFR Section
1.4000; or E) antennas that are not licensed by the Federal Communications Commission and
are one meter or less in diameter or diagonal measurement or (for whip antennas) are one
270:19 10-01 -2009
§ 270-5 ITHACA CODE § 270-6
meter or less in length and no more than three inches thick; used in connection with the
provision of two-way communication services of which at least one of the directions of
communications is wireless, including cellular telephone services, personal communications
services, private radio communications services, fire and emergency communications, and any
other private or public radio communications transmissions regulated by the Federal
Communications Commission in accordance with the Telecommunications Act of 1996 and
other federal laws. Such uses shall include private commercial uses as well as public uses. A
telecommunications facility shall include monopole, guyed, or latticework tower(s), as well as
antenna(s), switching stations, principal and accessory telecommunications equipment and
supporting masts, wires, structures and buildings. [Amended 5-9-2005 by L.L. No. 5-2005]
TWO-FAMILY DWELLING— A detached building containing two dwelling units.
VEHICLE REPAIR GARAGE— A facility at which the principal activity is the servicing or
repairing of motor vehicles for hire. Such facilities include but are not limited to mechanic's
shops, speedy-type oil and lubrication facilities, and muffler and brake repair facilities.
WIND ENERGY FACILITY — The structures and associated equipment which convert
wind energy into usable mechanical or electrical energy, including towers, turbines, guy wires,
associated anchors and foundations, mounts, connected facilities such as generators,
alternators, inverters and batteries, and other associated equipment. [Added 8-11-2008 by
L.L. No. 13-20081
YARD — An open space on the same lot with a building, unoccupied and unobstructed from
the ground upward except as otherwise permitted herein.
YARD, FRONT — The yard between the street right-of-way line and the front facade of the
principal building, extended from each rearmost exterior corner of the front facade to the
adjacent side lot line. [Amended 8-13-2007 by L.L. No. 6-20071
YARD, REAR — The yard between the rear lot line and the rear facade of the principal
building, extended from each most forwardly exterior corner of the rear facade to the adjacent
side lot line. [Amended 8-13-2007 by L.L. No. 6-2007]
YARD, SIDE— The yard between the principal building and a side lot line, but excluding a
front yard or rear yard. [Amended 8-13-2007 by L.L. No. 6-20071
ARTICLE IV
Establishment of Zones
§ 270-6. Enumeration of zones.
A. For the purpose of this chapter the Town of Ithaca is hereby divided into the following
types of zones (also sometimes hereinafter referred to as "districts"): [Amended
8-1-2005 by L.L. No. 7-2005]
Conservation Zones
Agricultural Zones
270:20 10-01 -2008
§ 270-6 ZONING § 270-6
Lakefront Residential Zones
Low Density Residential Zones
Medium Density Residential Zones
High Density Residential Zones
Mobile Home Park Zones
Multiple Residence Zones
Neighborhood Commercial Zones
Office Park Commercial Zones
Community Commercial Zones
Vehicle Fueling and Repair Commercial Zones
Lakefront Commercial Zones
Light Industrial Zones
Industrial Zones
Planned Development Zones
Areas of Special Flood Hazard
Special Land Use Districts (Limited Mixed Use) - In accordance with and pursuant to
Local Law No. 2-1984
Special Land Use District No. 1 - In accordance with and pursuant to Local Law No.
3-1984 [Wiggins]
Special Land Use District No. 2 - In accordance with and pursuant to Local Law No.
4-1984 [Sapsucker Woods]
Special Land Use District No. 3 (Limited Mixed Use) - In accordance with and pursuant
to Local Law No. 4-1986 [Biggs Complex]
Special Land Use District No. 4 (Limited Mixed Use) - In accordance with and pursuant
to Local Law No. 1-1987 as amended by Local Law No. 2-2002 [Statler West]
Special Land Use District No. 5 (Limited Mixed Use) - In accordance with and pursuant
to Local Law No. 2-1988 [Chamber of Commerce]
Special Land Use District No. 7 (Limited Mixed Use) - In accordance with and pursuant
to Local Law No. 1-1994 [Ithacare]
Special Land Use District No. 8 (Limited Mixed Use) -In accordance with and pursuant
to Local Law No. 1-1995 as amended by Local Law No. 4-2001 [Ecovillage]
Special Land Use District No. 9 (Limited Mixed Use) -In accordance with and pursuant
to Local Law No. 14-1995 [Cornell Precinct 7]
Special Land Use District No. 10 (Limited Mixed Use) - In accordance with and
pursuant to Local Law No. 6-1998 [Sterling House/Sterling Cottage]
Special Land Use District No. 11 (Limited Mixed Use) - In accordance with and
pursuant to Local Law No. 7-1998 [Cornell Chilled Water Plant]
Planned Development Zone No. 12 - In accordance with and pursuant to Local Law No.
8-2005 [South Hill Business Campus]
270:20.1 10-01 -2008
§ 270-6 ITHACA CODE § 270-6
B. Said districts are set forth on the map accompanying this chapter, Town of Ithaca Zoning
Map (the "Zoning Map"), dated August 25, 2003, and signed by the Town Clerk. Said
270:20.2 10-01 -2008
§ 270-11 ZONING § 270-12
§ 270-11. Permitted principal uses.
In a Conservation Zone, no building shall be erected or extended and no land or building or
part thereof shall be used for other than any of the following purposes:
A. A one-family dwelling, except a mobile home, to be occupied by no more than:
(1) One family, or
(2) One family plus no more than one boarder, roomer, lodger or other occupant.
B. A two-family dwelling provided that:
(1) Each dwelling unit is occupied by no more than one family; and
(2) The floor area of the second dwelling unit is not more than 50% of the floor area
excluding the basement of the primary dwelling unit except where the second
dwelling unit is constructed entirely within the basement area, it may exceed 50%.
C. Garden, nursery or farm.
D. Roadside stand or other structure, not exceeding 500 square feet of enclosed space, for
the display and sale of farm or nursery products related to farming and as a seasonal
convenience to the owner or owners of the land. Any such stand shall be located a
minimum of 30 feet from the street line, in such a manner as to permit safe access and
egress for automobiles, and parking off the highway right-of-way.
E. Forest management and other forest resource uses, including the harvesting of timber in
conformance with environmentally sound forestry practices, provided that logging of
more than one acre of contiguous land shall require the submission of a forest
management plan to and approval by the Planning Board. Such a plan shall include, but
not be limited to, a description of the area to be logged, what percentage of trees will be
cut, the method of cutting and removing trees, and how the land will be restored (e.g.,
through reforestation, agriculture or otherwise).
F. Public water supply.
G. Small wind energy facilities, subject to the limitations on small wind energy facilities set
forth in § 270-219.4. [Added 8-11-2008 by L.L. No. 13-20081
§ 270-12. Principal uses authorized by special permit only.
The following uses are permitted in a Conservation Zone, but only upon receipt of a special
permit for same from the Planning Board in accordance with the procedures set forth in this
chapter:
A. Church or other places of worship.
B. Public, parochial and private schools, public library, public museum, day-care center,
nursery school, hospital, and any institution of higher learning including dormitory
accommodations. [Amended 6-12-2006 by L.L. No. 9-2006]
r
270:23 10-01 -2008
§ 270-12 ITHACA CODE § 270-13
C. Publicly owned park or playground, including accessory buildings and improvements.
D. Fire station or other public building necessary to the protection of or the servicing of a
neighborhood.
E. Roadside stand or other structure, exceeding 500 square feet but not more than 2,500
square feet of enclosed space, for the display and sale of farm or nursery products related
to farming and as a seasonal convenience to the owner or owners of the land. The
majority of the products sold at such stand shall be, or be derived from, products
produced on the farm on which the roadside stand is located. Any such stand shall be
located a minimum of 30 feet from the street line, in such a manner as to permit safe
access and egress for automobiles, and parking off the highway right-of-way.
F. Bed-and-breakfast.
G. Equestrian facility, provided that adequate provision is made to prevent nuisance to
adjoining properties and provided: [Added 8-1-2005 by L.L. No. 7-20051
(1) The lot size is at least two acres (three acres if public sewers are not available);
(2) There is a nonoccupied and unused buffer of at least 50 feet around the perimeter
of the lot;
(3) Any building in which farm animals are kept shall be at least 100 feet from any lot
line or street line; and
(4) No manure shall be stored within 100 feet of any lot line or street line.
§ 270-13. Additional requirements for special permit.
The application for a special permit for any of the uses set forth in the immediately preceding
section shall be made to the Planning Board. Any required site plan shall conform to the
requirements of, and be subject to the procedures contained in Article XXHI. No building
permit shall be issued unless the proposed structure is in accordance with the final site plan
approved by the Planning Board. In determining whether to grant a special permit, the
Planning Board shall consider the matters set forth elsewhere in this chapter and in addition
shall grant a special permit for any of the above uses only if it can be demonstrated that:
A. The proposal is consistent with the goals and objectives of the Conservation Zone, as
enumerated in the purpose section relating to this zone;
B. The proposal provides adequate measures to control stormwater runoff and minimize
erosion and sedimentation;
C. The project includes adequate measures to protect surface and groundwaters from direct
or indirect pollution; and
D. Off-street parking facilities are adequately buffered to minimize visual and noise impacts
on surrounding areas, and are designed to minimize the increase in impervious surfaces
on the site.
270:24 10-01 -2008
§ 270-14 ZONING § 270-15
§ 270-14. Permitted accessory buildings or uses.
The following accessory buildings or uses are permitted as of right in a Conservation Zone:
A. Accessory buildings customarily incidental to the above permitted uses.
B. Home occupations, subject to the limitations on home occupations set forth in
§ 270-219.2. [Amended 2-12-2007 by L.L. No. 1-20071
C. Wildlife rehabilitation operation as defined and regulated under six NYCRR Part 184,
provided that no noise, dust, disorder, or objectionable odor is experienced (as a result of
that use) beyond the boundary lines of the property where such use is conducted, and that
no more than three additional persons not residing on the premises may be employed.
D. Day-care homes, family day-care homes, and group family day-care homes.
E. Adult day-care facilities serving no more than four clients at any one time.
F. The keeping of household pets in a dwelling unit or other location adjacent to or
accessory to a dwelling unit (e.g., outside doghouse, etc.) provided that no more than
three household pets shall be kept outside of dwelling units unless a greater number is
authorized by special approval of the Zoning Board of Appeals.
G. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in
§ 270-219.3. [Added 8-13-2007 by L.L. No. 7-20071
H. Small wind energy facilities, subject to the limitations on small wind energy facilities set
forth in § 270-219.4. [Added 8-11-2008 by L.L. No. 13-20081
§ 270-15. Accessory buildings and uses authorized by special approval only.
The following accessory buildings or uses are permitted in a Conservation Zone, but only
upon receipt of a special approval for same from the Board of Appeals in accordance with the
procedures set forth in this chapter:
A. Elder cottages.
B. A second dwelling unit in a building other than the principal building, provided that:
(1) All of the general criteria set forth elsewhere in this chapter for the issuance of a
special approval have been satisfied;
(2) The location of the second dwelling, and the building in which it is located, does
not adversely impact in any significant manner the adjoining neighbors;
(3) The building containing such second dwelling is located at least 50 feet from any
side boundary of the lot, and is not constructed in any required front yard;
(4) There is adequate off-street parking for the proposed number of occupants,
including occupants of both the principal building and the dwelling unit for which
special approval is sought;
270:25 10-01 -2008
§ 270-15 ITHACA CODE § 270-17
(5) The floor area of the second dwelling (inclusive of floor area on all floors
dedicated to such dwelling) does not exceed 50% of the floor area of the primary
dwelling on the lot;
(6) The second dwelling is located in a building that is accessory to the principal
dwelling;
(7) The building containing the primary dwelling does not contain more than one
dwelling; and
(8) There are no elder cottages or other buildings on the lot containing dwellings other
than the building containing the primary dwelling and the building for which
special approval is sought.
§ 270-16. Height limitations.
Except as may be specifically otherwise authorized in this chapter, in Conservation Zones no
nonagricultural building shall exceed 38 feet in height from lowest interior grade nor 36 feet
in height from lowest exterior grade, and no nonagricultural structure other than a building
shall exceed 30 feet in height. Nonagricultural accessory buildings shall in no case exceed 15
feet in height.
§ 270-17. Yard regulations.
Except as may be specifically otherwise authorized in this chapter, in Conservation Zones
yards of at least the following dimensions are required:
A. Front yard: Not less than the average depth of the front yards of building immediately
adjacent. However, except for roadside stands authorized by § 270-11, the front yard
shall not be less than 50 feet nor need it be greater than 75 feet in depth.
B. Rear yard: Not less than 200 feet in depth.
C. Side yards: Each not less than 50 feet.
D. Greater yards: Notwithstanding the foregoing, any special yard requirements for specific
uses or buildings set forth elsewhere in this chapter shall, if more restrictive, supersede
the above yard provisions.
E. Buffer areas: The foregoing requirements may include any required buffer areas and shall
not be in addition to any required buffer areas.
F. Accessory buildings: In Conservation Zones accessory buildings other than garages may
not occupy any open space other than a rear yard. The total lot area covered by
nonagricultural accessory buildings may not occupy more than 1,000 square feet of any
required rear yard and shall be not less than 50 feet from any side or rear lot line.
270:26 10-01 -2009
§ 270-18 ZONING § 270-19
§ 270-18. Lot coverage.
The maximum building area shall not exceed 10% of the lot area. Projections described in
§ 270-224 are not to be included in computing the percentage. For the purposes of this zone,
roads, driveways, parking areas, and other paved areas shall be considered buildings in
computing the percentage of lot coverage.
§ 270-19. Size and area of lot.
Lots in Conservation Zones shall meet the following minimum requirements:
A. Minimum lot area shall be at least seven acres; and
B. Minimum lot width at the street line shall be 300 feet; and
C. Minimum width at the maximum required front yard setback line (75 feet from the street
line) shall be 300 feet; and
D. Minimum depth from the street line shall be 450 feet.
270:26.1 10-01 -2008
§ 270-26 ZONING § 270-27
(1) One family, or
(2) One family plus no more than one boarder, roomer, lodger, or other occupant.
G. A two-family dwelling provided that:
(1) Each dwelling unit is occupied by no more than one family; and
(2) The floor area of the second dwelling unit is not more than 50% of the floor area
excluding the basement of the primary dwelling unit except where the second
dwelling unit is constructed entirely within the basement area, it may exceed 50%.
H. Publicly owned park or playground including accessory buildings and improvements.
I. Any municipal or public utility purpose necessary to the maintenance of utility services
except that substations and similar structures shall be subject to the same setback
requirements as apply to residences in the district in which the substations or similar
structures are constructed.
J. Day-care homes, family day-care homes and group family day-care homes.
K. Community residence.
L. Forest management and other forest resource uses, including the harvesting of timber in
conformance with environmentally sound forestry practices.
M. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in
§ 270-219.3. [Added 8-13-2007 by L.L. No. 7-20071
N. Small wind energy facilities, subject to the limitations on small wind energy facilities set
forth in § 270-219.4. [Added 8-11-2008 by L.L. No. 13-20081
§ 270-27. Principal uses authorized by special permit only.
The following uses are permitted in an Agricultural Zone, but only upon receipt of a special
permit for same from the Planning Board in accordance with the procedures set forth in this
chapter:
A. Retail sales related to agricultural operations.
(1) Except as permitted as of right in the preceding section retail sales of machinery,
products, supplies, or produce primarily related to, or derived from, agricultural
operations subject to the following limitations:
(a) Any building devoted to such activity may be no larger than 4,000 square
feet;
(b) No more than six persons may be engaged in or employed by the activity;
(c) No more than three acres, inclusive of building, parking, driveways, well,
septic system and other ancillary facilities, be dedicated to the use;
270:31 10-01 -2008
§ 270-27 ITHACA CODE § 270-27
(d) No outside storage other than temporary day-time only display of products,
unless otherwise authorized by the Planning Board.
(2) In determining whether to grant such authorization, the Planning Board shall
consider, in addition to other criteria set forth in this chapter, that:
(a) The nature of the business generally requires outside storage;
(b) There is adequate space on the lot for the proposed storage;
(c) The premises are screened or otherwise buffered so that the outside storage
does not adversely impact the neighboring properties and property owners;
and
(d) The proposed outside storage will not adversely affect the character of the
surrounding neighborhood.
B. Veterinary offices or hospitals.
C. Church or other places of worship, convent and parish house.
D. Cemetery and the buildings and structures incident thereto.
E. Public, parochial and private schools, public library, public museum, nursery school, and
any institution of higher learning relating to agricultural pursuits.
F. Fire station or other public building necessary to the protection of or the servicing of a
neighborhood.
G. Golf course or driving range with related facilities such as clubhouse, restaurant, and pro
shop.
H. Cross-country ski center with related facilities such as lodge, ski shop and restaurant.
I. Commercial composting facility where composting occurs for sale, utilizing more than
400 square feet of land in which event the following additional requirements shall apply:
(1) The lot on which the facility is located shall be at least two acres in size;
(2) The composting facility shall be located at least 100 feet from any roadway and
any lot line, except for lot lines adjacent to Residential Zones, in which event the
setback from the Residential Zone line shall be increased to 250 feet and shall
have a buffer of vegetation or fencing to screen the facility from the Residential
Zone;
(3) The facility shall be operated in a clean and orderly manner so that it does not
create a nuisance to any neighboring property.
J. Hunting preserves, lodges, or clubhouses.
K. Bed-and-breakfast.
270:32 10-01 -2008
§ 270-27 ZONING § 270-28
L. Television, commercial radio, telecommunication, microwave, satellite or other electronic
transmission facility operated pursuant to a license from the Federal Communications
Commission or any successor federal or state agency. [Amended 8-13-2007 by L.L.
No. 7-20071
M. Research facilities principally dedicated to research in agriculture or animal husbandry.
[Amended 8-1-2005 by L.L.No. 7-20051
N. Farm retreat.
O. Adult day-care facilities serving no more than four clients at any one time.
§ 270-28. Principal uses authorized by special approval only.
The following uses are permitted in an Agricultural Zone, but only upon receipt of a special
approval for same from the Board of Appeals in accordance with the procedures set forth in
this chapter:
A. Mining, subject to the following requirements in addition to the normal requirements for
a special approval:
(1) No special approval shall be granted until:
(a) The Planning Board approves a site plan for the proposed mining operations;
and
(b) The appropriate New York State authorities (DEC or other regulatory body)
has approved a reclamation plan and the plan and any required security for
the performance of the plan has been provided to the State of New York.
(2) There shall be a buffer area of at least 100 feet around the perimeter of the mined
area between the mined area and any surrounding property, such buffer to consist
of natural vegetation, plantings, berms, fences, or other screening as deemed
reasonable by the Board of Appeals to minimize the auditory and visual impacts of
the mining operations on surrounding properties.
(3) A fill permit shall be obtained in accordance with the fill permit requirements of
this chapter before commencement of any mining operations.
(4) Hours of operation shall be limited to business days(days other than weekends and
holidays) from 8:00 a.m. to 5:00 p.m. local time unless the applicant, for good
cause shown, demonstrates to the Zoning Board of Appeals that special
circumstances exist which compel that the times be extended.
(5) Notwithstanding the foregoing, if the material to be mined is soil, gravel, or other
similar types of fill, up to 50 cubic yards of such product may be mined in any one
calendar year without special approval. If more than 50 cubic yards but not more
than 250 cubic yards in any one year are being mined, the special approval may be
issued by the Director of Engineering of the Town. In all other cases, the special
approval shall be obtained as set forth above.
270:33 10-01-2008
§ 270-29 ITHACA CODE § 270-30
§ 270-29. Permitted accessory buildings and uses.
The following accessory buildings or uses are permitted as of right in an Agricultural Zone:
A. Any farm-related structure not otherwise expressly referred to or limited by any provision
in this chapter.
B. If the principal use is as a farm, one or more one- or two-family dwellings, subject to the
occupancy limitations set forth above for one- and two-family dwellings and subject to
the overall density limitations set forth below in § 270-35.
C. If the principal use is as one- or two-family dwelling or as a farm with dwellings; a
private swimming pool, tennis court, or other similar recreational facility for the principal
private use of the occupants of the dwelling.
D. If the principal use is as a one- or two-family dwelling, up to three accessory buildings,
all such accessory buildings in the aggregate not to exceed a total of 1,500 square feet in
size.
E. Off-street garage or parking space for the occupants, users and employees in connection
with uses permitted in this article, but subject to provisions of§ 270-227.
F. A temporary building for commerce or industry, where such building is necessary or
incidental to the development of a residential area. Such buildings may not be continued
for more than one year except upon receipt of a special approval from the Board of
Appeals.
G. Signs, as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca.
H. The keeping of household pets in a dwelling unit or other location adjacent to or
accessory to a dwelling unit (e.g., outside doghouse, etc.) provided that no more than
three household pets shall be kept outside of dwelling units unless a greater number is
authorized by special approval of the Zoning Board of Appeals.
1. Home occupations, subject to the limitations on home occupations set forth in
§ 270-219.2. [Added 2-12-2007 by L.L. No. 1-20071
J. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in
§ 270-219.3. [Added 8-13-2007 by L.L. No. 7-20071
K. Small wind energy facilities, subject to the limitations on small wind energy facilities set
forth in § 270-219.4. [Added 8-11-2008 by L.L. No. 13-20081
§ 270-30. Accessory buildings and uses authorized by special approval only.
The following accessory buildings or uses are permitted in an Agricultural Zone, but only
upon receipt of a special approval for same from the Board of Appeals in accordance with the
procedures set forth in this chapter:
270:34 10-01-2008
§ 270-30 ZONING § 270-30
A. Elder cottages.
B. If the property is not used for agricultural purposes, a second dwelling unit in a building
other than the principal building on the lot, provided that:
(1) All of the general criteria set forth elsewhere in this chapter for the issuance of a
special approval have been satisfied;
(2) The location of the second dwelling, and the building in which it is located, does
not adversely impact in any significant manner the adjoining neighbors;
(3) The building containing such second dwelling is located at least 40 feet from any
side boundary of the lot, and is not constructed in any required front yard;
270:34.1 10-01 -2008
§ 270-40 ZONING § 270-42
ARTICLE VII
Lakefront Residential Zones
§ 27040. Purpose.
The purposes of the Lakefront Residential Zone are to minimize excessive and undesirable
development in fragile lakefront areas, to protect the natural beauty and ambiance of the
lakeshore in the Town of Ithaca for all of the citizens of the community to enjoy, and to
enhance the experience provided to those living near, and those who use, the resource
provided by Cayuga Lake.
§ 27041. Permitted principal uses.
Only the following buildings or uses are permitted as a matter of right in a Lakefront
Residential Zone:
A. A one-family dwelling to be occupied by no more than:
(1) One family, or
(2) One family plus no more than one boarder, roomer, lodger, or other occupant.
B. A two-family dwelling provided that:
(1) Each dwelling unit is occupied by no more than one family; and
(2) The floor area of the second dwelling unit is not more than 50% of the floor area
excluding the basement of the primary dwelling unit except where the second
dwelling unit is constructed entirely within the basement area, it may exceed 50%.
C. Publicly owned park or playground including accessory buildings and improvements.
D. Any municipal or public utility purpose necessary to the maintenance of utility services
except that substations and similar structures shall be subject to the same setback
requirements as apply to residences in the district in which the substations or similar
structures are constructed.
E. Day-care homes, family day-care homes and group family day-care homes.
F. Community residence.
G. Small wind energy facilities, subject to the limitations on small wind energy facilities set
forth in § 270-219.4. [Added 8-11-2008 by L.L. No. 13-20081
§ 270-42. Principal uses authorized by special permit only.
The following uses are permitted in a Lakefront Residential Zone, but only upon receipt of a
special permit for same from the Planning Board in accordance with the procedures set forth
in this chapter:
270:39 10-01 -2008
§ 270-42 ITHACA CODE § 270-43
A. Church or other places of worship, convent and parish house.
B. Public library, public museum, and public schools.
C. Fire station or other public building necessary to the protection of or the servicing of a
neighborhood.
D. Clubhouse or lodge, provided that no building so used shall be within 100 feet from any
street or within 150 feet of the lot line of any adjoining owner or within 200 feet of any
lakeshore.
E. Bed-and-breakfast.
§ 270-43. Permitted accessory structures and uses.
The following accessory structures or uses are permitted as of right in a Lakefront Residential
Zone:
A. Off-street garage or parking space for the occupants, users and employees in connection
with uses permitted in this article, but subject to provisions of § 270-227 and further
subject to the requirement that no vehicle parking shall occur within 100 feet of any
shoreline.
B. Where the principal use is as a one- or two-family dwelling, private swimming pool,
tennis courts, and other similar recreational facilities for the principal private use of the
occupants of the dwelling.
C. Up to two accessory storage buildings other than a garage, all such accessory buildings
in the aggregate not to exceed a total of 600 square feet in size.
D. A temporary building for commerce or industry, where such building is necessary or
incidental to the development of a residential area. Such buildings may not be continued
for more than one year except upon receipt of a special approval from the Board of
Appeals.
E. Signs, as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca.
F. Adult day-care facilities serving no more than four clients at any one time.
G. The keeping of household pets in a dwelling unit or other location adjacent to or
accessory to a dwelling unit (e.g., outside doghouse, etc.) provided that no more than
three household pets shall be kept outside of dwelling units unless a greater number is
authorized by special approval of the Zoning Board of Appeals.
H. Home occupations, subject to the limitations on home occupations set forth in
§ 270-219.2. [Added 2-12-2007 by L.L. No. 1-20071
I. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in
§ 270-219.3. [Added 8-13-2007 by L.L. No. 7-20071
J. Small wind energy facilities, subject to the limitations on small wind energy facilities set
forth in § 270-219.4. [Added 8-11-2008 by L.L. No. 13-20081
270:40 10-01 -2008
§ 270-54 ZONING § 270-55
E. Any municipal or public utility purpose necessary to the maintenance of utility services
except that substations and similar structures shall be subject to the same setback
requirements as apply to residences in the district in which the substations or similar
structures are constructed.
F. Day-care homes, family day-care homes and group family day-care homes.
G. Community residence.
H. Any lawful farm purpose, including usual farm buildings and structures, but excluding
rendering plants, on lands the principal use of which is as a farm and which are located
within a county agricultural district created under the provisions of Article 25-AA of the
New York State Agriculture and Markets Law, notwithstanding the provisions of
Subsection C above and regardless of the size of the lot, provided that such use is in
compliance with all other provisions, such as yard regulations, building area, and other
provisions governing Low Density Residential Zones. [Added 8-1-2005 by L.L. No.
7-2005]
I. Small wind energy facilities, subject to the limitations on small wind energy facilities set
forth in § 270-219.4. [Added 8-11-2008 by L.L. No. 13-20081
§ 270-55. Principal uses authorized by special permit only.
The following uses are permitted in a Low Density Residential Zone, but only upon receipt of
a special permit for same from the Planning Board in accordance with the procedures set forth
in this chapter:
A. Church or other places of worship, convent and parish house.
B. Cemetery and the buildings and structures incident thereto.
C. Public, parochial and private schools, public library, public museum, day-care center,
nursery school, and any institution of higher learning including dormitory
accommodations.
D. Fire station or other public building necessary to the protection of or the servicing of a
neighborhood.
E. Golf course, driving range or miniature golf course.
F. Clinic and nursing or convalescent home, provided that no building so used shall be
within 100 feet from any street or within 150 feet of the lot line of any adjoining owner.
G. Clubhouse or lodge, provided that no building so used shall be within 100 feet from any
street or within 150 feet of the lot line of any adjoining owner.
H. Bed-and-breakfast.
1. Equestrian facility, provided that adequate provision is made to prevent nuisance to
adjoining residences and provided:
270:47 10-01 -2008
§ 270-55 ITHACA CODE § 270-56
(1) The lot size is at least two acres (three acres if public sewers are not available);
(2) There is a nonoccupied and nonused buffer of at least 50 feet around the perimeter
of the lot;
(3) Any building in which farm animals are kept shall be at least 100 feet from any lot
line or street line; and
(4) No manure shall be stored within 100 feet of any lot line or street line.
§ 270-56. Permitted accessory buildings and uses.
The following accessory buildings or uses are permitted as of right in a Low Density
Residential Zone:
A. Off-street garage or parking space for the occupants, users and employees in connection
with uses permitted in this article, but subject to provisions of§ 270-227.
B. Where the principal use is as a one- or two-family dwelling, private swimming pool,
tennis courts, and other similar recreational facilities for the principal private use of the
occupants of the dwelling.
C. Up to three accessory buildings other than a garage, all such accessory buildings in the
aggregate not to exceed a total of 600 square feet in size unless the lot is three acres or
larger, in which event the aggregate area of the accessory building may not exceed 2,000
square feet.
D. A temporary building for commerce or industry, where such building is necessary or
incidental to the development of a residential area. Such buildings may not be continued
for more than one year except upon receipt of a special approval from the Board of
Appeals.
E. The keeping of household pets in a dwelling unit or other location adjacent to or
accessory to a dwelling unit (e.g., outside doghouse, etc.) provided that no more than
three household pets shall be kept outside of dwelling units unless a greater number is
authorized by special approval of the Zoning Board of Appeals.
F. The keeping of domestic animals in accessory buildings, provided that no such building
shall be nearer than 30 feet to any lot line of any adjoining owner, and further provided
that there shall be no raising of fur-bearing animals, or kennels for more than three dogs
over six months old.
G. Signs, as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca.
H. A roadside stand or other structure, not exceeding 500 square feet of enclosed space, for
the display and sale of farm or nursery products related to farming and as a seasonal
convenience to the owner or owners of the land. The majority of the products sold at
such stand shall be, or be derived from, products produced on the farm on which the
roadside stand is located. Any such stand shall be located a minimum of 30 feet from the
street line, in such a manner as to permit safe access and egress for automobiles, and
parking off the highway right-of-way.
270:48 10-01 -2008
§ 270-56 ZONING § 270-56
I. Adult day-care facilities serving no more than four clients at any one time.
J. Home occupations, subject to the limitations on home occupations set forth in
§ 270-219.2. [Added 2-12-2007 by L.L. No. 1-2007]
K. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in
§ 270-219.3. [Added 8-13-2007 by L.L. No. 7-20071
L. Small wind energy facilities, subject to the limitations on small wind energy facilities set
forth in § 270-219.4. [Added 8-11-2008 by L.L. No. 13-2008]
270:48.1 10-01 -2008
§ 270-63 ZONING § 270-66
§ 270-63. Special properties.
In the case of publicly owned properties, properties of universities, colleges, cemeteries, or
other private institutions, located in Low Density Residential Zones, which comprise at least
six acres in area and are traversed by interior roads or driveways, the front, side, and rear yard
requirements set forth above shall apply only along the exterior public street frontages and
boundaries with adjacent properties.
§ 270-64. Parking.
Parking requirements shall be as set forth in Article XXVII.
ARTICLE IX
Medium Density Residential Zones
§ 270-65. Purpose.
The purpose of the Medium Density Residential Zone is to create areas that are almost
exclusively residential in nature where there is minimal intrusion of commercial, farming, or
other activities that could be detrimental to residential development and occupancy.
§ 270-66. Permitted principal uses.
Only the following buildings or uses are permitted as a matter of right in a Medium Density
Residential Zone:
A. A one-family dwelling to be occupied by no more than:
(1) One family, or
(2) One family plus no more than one boarder, roomer, lodger, or other occupant.
B. A two-family dwelling provided that:
(1) Each dwelling unit is occupied by no more than one family; and
(2) The floor area of the second dwelling unit is not more than 50% of the floor area
excluding the basement of the primary dwelling unit except where the second
dwelling unit is constructed entirely within the basement area, it may exceed 50%.
C. Publicly owned park or playground including accessory buildings and improvements.
D. Any municipal or public utility purpose necessary to the maintenance of utility services
except that substations and similar structures shall be subject to the same setback
requirements as apply to residences in the district in which the substations or similar
structures are constructed.
E. Day-care homes, family day-care homes and group family day-care homes.
F. Community residence.
270:51 10-01 -2008
§ 270-66 ITHACA CODE § 270-68
G. Small wind energy facilities, subject to the limitations on small wind energy facilities set
forth in § 270-219.4. [Added 8-11-2008 by L.L. No. 13-20081
§ 270-67. Principal uses authorized by special permit only.
The following uses are permitted in a Medium Density Residential Zone, but only upon
receipt of a special permit for same from the Planning Board in accordance with the
procedures set forth in this chapter:
A. Church or other places of worship, convent and parish house.
B. Cemetery and the buildings and structures incident thereto.
C. Public, parochial and private schools, public library, public museum, day-care center,
nursery school, and any institution of higher learning including dormitory
accommodations.
D. Fire station or other public building necessary to the protection of or the servicing of a
neighborhood.
E. Golf course, driving range or miniature golf course.
F. Bed-and-breakfast facilities providing no more than two bedrooms for transients, unless
the size of the lot on which the facility is located is at least 30,000 square feet, in which
event up to four bedrooms may be used for transients.
§ 270-68. Permitted accessory buildings and uses.
The following accessory buildings or uses are permitted as of right in a Medium Density
Residential Zone:
A. Off-street garage or parking space for the occupants, users and employees in connection
with uses permitted in this article, but subject to provisions of§ 270-227.
B. Where the principal use is as a one- or two-family dwelling, private swimming pool,
tennis courts, and other similar recreational facilities for the principal private use of the
occupants of the dwelling.
C. Up to three accessory buildings other than a garage, all such accessory buildings in the
aggregate not to exceed a total of 600 square feet in size unless the lot is three acres or
larger, in which event the aggregate area of the accessory building may not exceed 2,000
square feet.
D. A temporary building for commerce or industry, where such building is necessary or
incidental to the development of a residential area. Such buildings may not be continued
for more than one year except upon receipt of a special approval from the Board of
Appeals.
E. The keeping of household pets in a dwelling unit or other location adjacent to or
accessory to a dwelling unit (e.g., outside doghouse, etc.) provided that no more than
270:52 10-01-2008
§ 270-68 ZONING § 270-69
three household pets shall be kept outside of dwelling units unless a greater number is
authorized by special approval of the Zoning Board of Appeals.
F. Signs, as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca.
G. Adult day-care facilities serving no more than four clients at any one time.
H. Home occupations, subject to the limitations on home occupations set forth in
§ 270-219.2. [Added 2-12-2007 by L.L. No. 1-20071
1. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in
§ 270-219.3. [Added 8-13-2007 by L.L. No. 7-20071
J. Small wind energy facilities, subject to the limitations on small wind energy facilities set
forth in § 270-219.4. [Added 8-11-2008 by L.L. No. 13-20081
§ 270-69. Accessory buildings and uses authorized by special approval only.
The following accessory buildings or uses are permitted in a Medium Density Residential
Zone, but only upon receipt of a special approval for same from the Board of Appeals in
accordance with the procedures set forth in this chapter:
A. Elder cottages pursuant to, and subject to, the provisions of§ 270-216 of this chapter.
B. A second dwelling unit in a building other than the principal building, provided that:-6
(1) All of the general criteria set forth elsewhere in this chapter for the issuance of a
special approval have been satisfied;
(2) The location of the second dwelling, and the building in which it is located, does
not adversely impact in any significant manner the adjoining neighbors;
(3) The building containing such second dwelling is located at least 15 feet from any
side boundary of the lot, and is not constructed in any required front yard;
(4) There is adequate off-street parking for the proposed number of occupants,
including occupants of both the principal building and the dwelling unit for which
special approval is sought;
(5) The floor area of the second dwelling (inclusive of floor area on all floors
dedicated to such dwelling) does not exceed 50% of the floor area of the primary
dwelling on the lot;
(6) The second dwelling is located in a building that is accessory to the principal
dwelling;
(7) The building containing the primary dwelling does not contain more than one
dwelling; and
6. Editor's Note:Former Subsection B,Home occupation,was repealed 2-12-2007 by L.L.No.1-2007.This local law also
provided for the renumbering of former Subsections C and D as Subsections B and C,respectively.
270:53 10-01 -2008
§ 270-69 ITHACA CODE § 270-71
(8) There are no elder cottages or other buildings on the lot containing dwellings other
than the building containing the primary dwelling and the building for which
special approval is sought.
C. The keeping of domestic animals in accessory buildings, provided that:
(1) The lot on which such accessory building is located is at least two acres in size
unless the Zoning Board of Appeals requires a larger lot in order to prevent
adverse effects on the adjacent or surrounding neighbors, in which event the lot
size shall be the minimum reasonably established by such Board; and
(2) No such accessory building shall be nearer than 30 feet to any lot line of any
adjoining owner; and
(3) There shall be no raising of fur-bearing animals, or kennels for more than three
dogs over six months old.
§ 270-70. Height limitations.
In Medium Density Residential Zones, no building shall be erected, altered, or extended to
exceed 38 feet in height from the lowest interior grade or 36 feet in height from the lowest
exterior grade, whichever is lower. No structure other than a building shall be erected, altered,
or extended to exceed 30 feet in height. Accessory buildings shall in no case exceed 15 feet in
height.
§ 270-71. Yard regulations.
In Medium Density Residential Zones yards of at least the following dimensions are required:
A. Front yard: Not less than the average depth of the front yards of buildings on lots
immediately adjacent. However, the front yard depth shall not be less than 25 feet or
need it be greater than 50 feet.
B. Rear yard: Not less than 30 feet in depth.
C. Side yards: Each not less than 15 feet in width, except that in one of the side yards a
one-story garage, either attached to the principal building or separate therefrom, may be
10 feet from a side line which is not a street line.
D. Greater yards: Notwithstanding the foregoing, any special yard requirements for specific
uses or buildings set forth elsewhere in this chapter shall, if more restrictive, supersede
the above yard provisions.
E. Accessory buildings: In Medium Density Residential Zones accessory buildings other
than garages may not occupy any open space other than a rear yard. Accessory buildings,
in the aggregate, may occupy not more than 40% of any required rear yard and, if other
than a garage, shall be not less than three feet from any side or rear lot line.
Notwithstanding the foregoing, a private garage that serves dwellings on two separate
lots may be built across a common lot line with a party wall by mutual agreement
between adjoining property owners provided that there is at least one garage bay on each
270:54 10-01 -2008
§ 270-71 ZONING § 270-76
lot. Any accessory building on a corner lot shall not be less than five feet from the rear
lot line. Where the average natural slope of a lot exceeds 8% rise or fall directly from the
street line, a private garage not over one story in height and housing not in excess of two
cars may be located in the front or side yard not less than five feet from said street line
upon receiving a special approval from the Board of Appeals.
§ 270-72. Building area.
The maximum building area shall not exceed 20% of the lot area. Projections described in
§ 270-224 are not to be included in computing the percentage.
§ 270-73. Size and area of lot.
Lots in Medium Density Residential Zones shall meet the following minimum requirements:
A. Minimum lot area shall be at least 15,000 square feet; and
B. Minimum width at the street line shall be 60 feet; and
C. Minimum width at the maximum required front yard setback line (50 feet from the street
line) shall be 100 feet; and
D. Minimum depth from the highway right-of-way shall be 150 feet.
§ 270-74. Special properties.
In the case of publicly owned properties, properties of universities, colleges, cemeteries, or
other private institutions, located in Medium Density Residential Zones, which comprise at
least six acres in area and are traversed by interior roads or driveways, the front, side, and rear
yard requirements set forth above shall apply only along the exterior public street frontages
and boundaries with adjacent properties.
§ 270-75. Parking.
Parking requirements shall be as set forth in Article XXVII.
ARTICLE X
High Density Residential Zones
§ 270-76. Purpose.
The purpose of the High Density Residential Zone is to maintain the residential character of
certain areas of the Town, to provide a buffer or transition from the less dense residential
areas of the Town to areas where multiple residences or commercial activities may be
permitted, to provide for more affordable housing, and to encourage more intense
development where there is infrastructure already in place to support such development.
270:55 10-01 -2008
§ 270-77 ITHACA CODE § 270-78
§270-77. Permitted principal uses.
Only the following buildings or uses are permitted as a matter of right in a High Density
Residential Zone:
A. A one-family dwelling to be occupied by no more than:
(1) One family, or
(2) One family plus no more than one boarder, roomer, lodger, or other occupant.
B. A two-family dwelling provided that:
(1) Each dwelling unit is occupied by no more than one family; and
(2) The floor area of the second dwelling unit is not more than 50% of the floor area
excluding the basement of the primary dwelling unit except where the second
dwelling unit is constructed entirely within the basement area, it may exceed 50%.
C. Publicly owned park or playground including accessory buildings and improvements.
D. Any municipal or public utility purpose necessary to the maintenance of utility services
except that substations and similar structures shall be subject to the same setback
requirements as apply to residences in the district in which the substations or similar
structures are constructed.
E. Day-care homes, family day-care homes and group family day-care homes.
F. Community residence.
G. Small wind energy facilities, subject to the limitations on small wind energy facilities set
forth in § 270-219.4. [Added 8-11-2008 by L.L. No. 13-2008]
§ 270-78. Principal uses authorized by special permit only.
The following uses are permitted in a High Density Residential Zone, but only upon receipt of
a special permit for same from the Planning Board in accordance with the procedures set forth
in this chapter:
A. Church or other places of worship, convent and parish.house.
B. Cemetery and the buildings and structures incident thereto.
C. Public, parochial and private schools, public library, public museum, day-care center,
nursery school, and any institution of higher learning including dormitory
accommodations.
D. Fire station or other public building necessary to the protection of or the servicing of a
neighborhood.
E. Golf course, driving range or miniature golf course.
270:56 10-01 -2008
§ 270-78 ZONING § 270-79
F. Clinic and nursing or convalescent home, provided that no building so used shall be
within 100 feet from any street or within 150 feet of the lot line of any adjoining owner.
G. Clubhouse or lodge, provided that no building so used shall be within 100 feet from any
street or within 150 feet of the lot line of any adjoining owner.
H. Bed-and-breakfast facilities providing no more than two bedrooms for transients, unless
the size of the lot on which the facility is located is at least 30,000 square feet, in which
event up to four bedrooms may be used for transients.
I. Adult care facility.
J. Child day-care center.
§ 270-79. Permitted accessory buildings and uses.
The following accessory buildings or uses are permitted as of right in a High Density
Residential Zone:
A. Off-street garage or parking space for the occupants, users and employees in connection
with uses permitted in this article, but subject to provisions of§ 270-227 of this chapter.
B. Where the principal use is as a one- or two-family dwelling, private swimming pool,
tennis courts, and other similar recreational facilities for the principal private use of the
occupants of the dwelling.
C. Up to three accessory buildings other than a garage, all such accessory buildings in the
aggregate not to exceed a total of 600 square feet in size unless the lot is three acres or
larger, in which event the aggregate area of the accessory building may not exceed 2,000
square feet.
D. A temporary building for commerce or industry, where such building is necessary or
incidental to the development of a residential area. Such buildings may not be continued
for more than one year except upon receipt of a special approval from the Board of
Appeals.
E. The keeping of household pets in a dwelling unit or other location adjacent to or
accessory to a dwelling unit (e.g., outside doghouse, etc.) provided that no more than
three household pets shall be kept outside of dwelling units unless a greater number is
authorized by special approval of the Zoning Board of Appeals.
F. Signs, as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca.
G. Home occupations, subject to the limitations on home occupations set forth in
§ 270-219.2. [Added 2-12-2007 by L.L. No. 1-20071
H. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in
§ 270-219.3. [Added 8-13-2007 by L.L. No. 7-20071
1. Small wind energy facilities, subject to the limitations on small wind energy facilities set
forth in § 270-219.4. [Added 8-11-2008 by L.L. No. 13-20081
270:57 10-01 -2008
§ 270-80 ITHACA CODE § 270-82
§ 270-80. Accessory buildings and uses authorized by special approval only.
The following accessory buildings or uses are permitted in a High Density Residential Zone,
but only upon receipt of a special approval for same from the Board of Appeals in accordance
with the procedures set forth in this chapter:
A. Elder cottages pursuant to, and subject to, the provisions of§ 270-216 of this chapter.
B. (Reserved)?
§ 270-81. Height limitations.
In High Density Residential Zones, no building shall be erected, altered, or extended to
exceed 38 feet in height from the lowest interior grade or 36 feet in height from the lowest
exterior grade, whichever is lower. No structure other than a building shall be erected, altered,
or extended to exceed 30 feet in height. Accessory buildings shall in no case exceed 15 feet in
height.
§ 270-82. Yard regulations.
In High Density Residential Zones yards of at least the following dimensions are required:
A. Front yard: Not less than the average depth of the front yards of buildings on lots
immediately adjacent. However, the front yard depth shall not be less than 25 feet or
need it be greater than 50 feet.
B. Rear yard: Not less than 30 feet in depth.
C. Side yards: Each not less than 10 feet in width, except that in one of the side yards a
one-story garage, either attached to the principal building or separate therefrom, may be
seven feet from a side line which is not a street line.
D. Greater yards: Notwithstanding the foregoing, any special yard requirements for specific
uses or buildings set forth elsewhere in this chapter shall, if more restrictive, supersede
the above yard provisions.
E. Accessory buildings: In High Density Residential Zones accessory buildings other than
garages may not occupy any open space other than a rear yard. Accessory buildings, in
the aggregate, may occupy not more than 40% of any required rear yard and, if other
than a garage, shall be not less than three feet from any side or rear lot line.
Notwithstanding the foregoing, a private garage that serves dwellings on two separate
lots may be built across a common lot line with a party wall by mutual agreement
between adjoining property owners provided that there is at least one garage bay on each
lot. Any accessory building on a comer lot shall not be less than five feet from the rear
lot line. Where the average natural slope of a lot exceeds 8%rise or fall directly from the
street line, a private garage not over one story in height and housing not in excess of two
7. Former Subsection B,Home occupation,was repealed 2-12-2007 by L.L.No.1-2007.
270:58 10-01 -2008
§ 270-82 ZONING § 270-88
cars may be located in the front or side yard not less than five feet from said street line
upon receiving a special approval from the Board of Appeals.
§ 270-83. Building area.
The maximum building area shall not exceed 25% of the lot area. Projections described in
§ 270-224 are not to be included in computing the percentage.
§ 270-84. Size and area of lot.
Lots in High Density Residential Zones shall meet the following minimum requirements:
A. Minimum lot area shall be at least 9,000 square feet; and
B. Minimum width at the street line shall be 60 feet; and
C. Minimum width at the maximum required front yard setback line (50 feet from the street
line) shall be 75 feet; and
D. Minimum depth from the highway right-of-way shall be 120 feet.
§ 270-85. Special properties.
In the case of publicly owned properties, properties of universities, colleges, cemeteries, or
other private institutions, located in High Density Residential Zones, which comprise at least
six acres in area and are traversed by interior roads or driveways, the front, side, and rear yard
requirements set forth above shall apply only along the exterior public street frontages and
boundaries with adjacent properties.
§ 270-86. Parking.
Parking requirements shall be as set forth in Article XXVII.
ARTICLE XI
Mobile Home Park Zones
§ 270-87. Purpose.
The purpose of the Mobile Home Park Zone is to provide an area in which concentrated
development utilizing mobile homes may occur to encourage alternative and less costly
housing accommodations in the Town.
§ 270-88. Minimum area.
A minimum tract of at least five acres is required for a mobile home park.
270:59 10-01 -2008
§ 270-89 ITHACA CODE § 270-91
§ 270-89. Permitted principal uses.
Only the following buildings or uses are permitted as a matter of right in a Mobile Home Park
Zone:
A. Mobile homes, each to be occupied by not more than:
(1) One family, or
(2) One family plus no more than two boarders, roomers, lodgers, or other occupants.
B. Not more than one one-family dwelling (other than a mobile home) to be occupied by no
more than one family.
C. Publicly owned park or playground including accessory buildings and improvements.
D. Any municipal or public utility purpose necessary to the maintenance of utility services
except that substations and similar structures shall be subject to the same setback
requirements as apply to residences in the zone in which the substations or similar
structures are constructed.
E. Day-care homes, family day-care homes and group family day-care homes.
F. Community residence.
G. Small wind energy facilities, subject to the limitations on small wind energy facilities set
forth in § 270-219.4. [Added 8-11-2008 by L.L. No. 13-20081
§ 270-90. Principal uses authorized by special permit only.
The following uses are permitted in a Mobile Home Park Zone, but only upon receipt of a
special permit for same from the Planning Board in accordance with the procedures set forth
in this chapter:
A. Child day-care center.
§270-91. Permitted accessory uses.
The following accessory buildings or uses are permitted as of right in a Mobile Home Park
Zone:
A. Automobile parking and garages, subject to the further requirements of this article.
B. Structures and open land for recreation, intended for use by the residents of the mobile
home park.
C. Such areas and structures as may be necessary for housekeeping activities, such as a
common laundry or garden plots. The use of any such area or structure may be limited to
residents of the mobile home park.
D. Storage buildings for storage of belongings of the residents of the mobile home park.
270:60 10-01 -2008
§ 270-91 ZONING § 270-93
E. Maintenance buildings, storage buildings, and one central office building, all of which
must be utilized solely in connection with the operation of the mobile home park.
F. Community building for use by the residents of the mobile home park and their guests.
G. The keeping of household pets in a dwelling unit or other location adjacent to or
accessory to a dwelling unit (e.g., outside doghouse, etc.) provided that no more than
three household pets shall be kept outside of dwelling units unless a greater number is
authorized by special approval of the Zoning Board of Appeals.
H. Home occupations, subject to the limitations on home occupations set forth in
§ 270-219.2. [Added 2-12-2007 by L.L. No. 1-20071
I. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in
§ 270-219.3. [Added 8-13-2007 by L.L. No. 7-20071
J. Small wind energy facilities, subject to the limitations on small wind energy facilities set
forth in § 270-219.4. [Added 8-11-2008 by L.L. No. 13-20081
§ 270-92. (Reserved) a
§270-93. Height limitations.
In Mobile Home Park Zones the following height restrictions shall apply:
A. No mobile home or one-family dwelling shall be erected, altered, or extended to exceed
38 feet in height from the lowest interior grade or 36 feet in height from the lowest
exterior grade, whichever is lower.
8. Editor's Note: Former § 270-92, Accessory buildings and uses authorized by special approval only, was repealed
2-12-2007 by L.L.No.1-2007.
270:60.1 10-01 -2008
§ 270-97 ZONING § 270-99
approval. The fee for the operating permit shall be in accordance with the following
schedule based on the number of mobile homes then located in the mobile home park:
Number of Units Operating Permit Fee
1 to 4 $25
5 to 9 $50
10 to 24 $100
25 to 49 $200
50 to 100 $400
Over 100 (No. of Units) times ($4)
L. Building permits. Notwithstanding any other provision of this chapter of the Building
Code, a building permit shall be required for each mobile home and/or structure to be
sited or constructed.
§ 270-98. Site plan approvals.
No building permit shall be issued for a structure in a Mobile Home Park Zone unless the
proposed structure is in accordance with a site plan approved by the Planning Board and, if
required, by the Tompkins County Health Department. No subdivision of a mobile home park
site plan is permitted without approval of the Town Board, following Planning Board review.
No alteration, amendment or change in a mobile home park site plan is permitted without
approval of the Planning Board.
ARTICLE XII
Multiple Residence Zones
§ 270-99. Purpose.
The purpose of the Multiple Residence Zone is to permit, where appropriate, the construction
and development of multiple-family residences in the Town. At the same time, the Town does
not desire the large-scale development of these units to the extent that large areas of the Town
would be devoted to such use and single-family residences would be incompatible.
Accordingly, additional areas may be zoned as a Multiple Residence Zone upon application
for a specific proposal in accordance with the normal rezoning procedures. Generally, such
rezoning will be permitted only in areas where public water and sanitary facilities are
available, where public transportation may be readily available, and where other resources and
facilities that complement multiple residence occupancy are found. In reaching its decision on
whether to rezone to a Multiple Residence Zone, the Town Board shall consider the general
criteria set forth in this chapter, the most current Comprehensive or Master Plan for the Town,
and this statement of purpose.
270:63 10-01 -2008
§ 270-100 ITHACA CODE § 270-101
§270-100. Permitted principal uses.
Only the following buildings or uses are permitted of right in a Multiple Residence Zone:
A. One-family dwellings, two-family dwellings and multiple-family dwellings. Each
dwelling unit in a Multiple Residence Zone shall be occupied by no more than:
(1) One family, or
(2) One family plus no more than two boarders, roomers, lodgers or other occupants.
B. Day-care homes, family day-care homes and group family day-care homes.
C. Small wind energy facilities, subject to the limitations on small wind energy facilities set
forth in § 270-219.4. [Added 8-11-2008 by L.L. No. 13-20081
§270-101. Permitted accessory buildings and uses.
Only the following accessory buildings or uses are permitted of right in a Multiple Residence
Zone:
A. Automobile parking and garages, subject to the further requirements of this article.
B. Structures or use of open land for recreation, intended for residents of the Multiple
Residence Zone, including swimming pools, tennis courts, and other similar recreational
facilities.
C. Such uses as may be necessary for housekeeping activities, such as drying yards or
structures in which laundry facilities are maintained but any such use must be limited to
residents of multiple dwellings.
D. Storage buildings for storage of belongings of the residents of the Multiple Residence
Zone.
E. Maintenance buildings and one central office building, all of which must be utilized
solely in connection with the operation of multiple-family dwellings in the Multiple
Residence Zone.
F. Community building for use by the residents of multiple-family dwellings in the Multiple
Residence Zone and their guests.
G. The keeping of household pets in a dwelling unit or other location adjacent to or
accessory to a dwelling unit (e.g., outside doghouse, etc.) provided that no more than
three household pets shall be kept outside of dwelling units unless a greater number is
authorized by special approval of the Zoning Board of Appeals.
H. Home occupations, subject to the limitations on home occupations set forth in
§ 270-219.2. [Added 2-12-2007 by L.L. No. 1-20071
I. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in
§ 270-219.3. [Added 8-13-2007 by L.L. No. 7-20071
270:64 10-01 -2008
§ 270-101 ZONING § 270-102
J. Small wind energy facilities, subject to the limitations on small wind energy facilities set
forth in § 270-219.4. [Added 8-11-2008 by L.L. No. 13-20081
§ 270-102. Principal uses authorized by special permit only.
The following uses are permitted in a Multiple Residence Zone, but only upon receipt of a
special permit for same from the Planning Board in accordance with the procedures set forth
in this chapter:
A. Bed-and-breakfast.
B. Adult care facility.
270:64.1 10-01 -2008
§ 270-111 ZONING § 270-112
D. Buffer areas. No structure shall be placed nearer to any other Residence Zone,
Agricultural Zone, Commercial Zone or Industrial Zone than double the maximum
distance of the side yard requirement of the adjoining zone (e.g., if the Multiple
Residence Zone adjoins a Low Density Residence Zone, and if the maximum side yard
requirement in such Low Density Zone is 40 feet (excluding the fifteen-foot side yard
applicable to garages, as such fifteen-foot distance is not the maximum side yard
requirement), no structure in the Multiple Residence Zone shall be closer than 80 feet to
such Low Density Zone). A strip at least 10 feet wide within such buffer area shall be
suitably planted to screen a Multiple Residence Zone from other present or future
residences outside the zone, or a suitable screening fence shall be erected. The Planning
Board, in reviewing the site plan, may alter or waive the vegetative requirement along
the public street side.
E. Additional screening. In addition to the landscaping, screening, fencing and buffer
requirements set forth above, the Planning Board in the site plan review process may
require additional landscaping, fencing, screening, or earth berm to be provided in any
area where the proposed structure or use would, in the opinion of the Planning Board,
create a hazardous condition or would detract from the value of neighboring property if
such additional landscaping, fencing, screening, or berm were not provided.
§ 270-112. Site plan approval.
No building permit shall be issued for a building or structure within a Multiple Residence
Zone unless the proposed building is in accordance with a site plan approved pursuant to the
provisions of Article XXIII. In addition to the site plan requirements set forth such provisions,
the site plan shall be subject to the following additional requirements as authorized by Town
Law § 274-a:
A. Such site plan shall show, when required by the Planning Board, a park or parks suitably
located for playground or other recreational purposes.
B. Land for park, playground or other recreational purposes shall not be required until the
Planning Board has made a finding that a proper case exists for requiring that a park or
parks be suitably located for playgrounds or other recreational purposes within the Town.
Such finding shall include an evaluation of the present and anticipated future needs for
park and recreational facilities in the Town based on projected population growth to
which the particular site plan will contribute. Such evaluation may also include reference
to any current Parks, Recreation and Open Space Plan existing in the Town.
C. In the event the Planning Board makes a finding pursuant to Subsection B of this section
that the proposed site plan presents a proper case for requiring a park or parks suitably
located for playgrounds or other recreational purposes, but that a suitable park or parks
of adequate size to meet the requirement cannot be properly located on such site plan, the
Planning Board may require a sum of money in lieu thereof in an amount to be
established by the Town Board. In making such determination of suitability, the Planning
Board shall assess the size and suitability of lands shown on the site plan which could be
possible locations for park or recreational facilities, as well as practical factors including
whether there is a need for additional facilities in the immediate neighborhood. Any
270:67 10-01 -2008
§ 270-112 ITHACA CODE § 270-114
monies required by the Planning Board in lieu of land for park, playground or other
recreational purposes, pursuant to the provisions of this section, shall be deposited into a
trust fund to be used by the Town exclusively for park, playground or other recreational
purposes, including the acquisition of property.
D. Notwithstanding the foregoing, if the land included in a site plan under review is a
portion of a subdivision plat which has been reviewed and approved pursuant to § 276 of
the Town Law or pursuant to Chapter 234, Subdivision of Land, of the Code of the
Town of Ithaca (as either may be amended from time to time), the Planning Board shall
credit the applicant for any land set aside or money donated in lieu thereof under such
subdivision plat approval. In the event of resubdivision of such plat, nothing shall
preclude the requiring the reservation of additional parkland or additional money to be
donated in lieu thereof.
E. If the Town Board, by resolution or local law, has established the amounts, or a formula
by which amounts payable in lieu of land reservation may be determined, the amounts
payable pursuant to this section shall be as set forth in, or determined by, such local law.
ARTICLE XIII
Commercial Zones Generally
§ 270-113. Purpose.
The purpose of the establishing Commercial Zones and the following regulations is to
establish certain areas where retail businesses and other commercial uses of land will be
encouraged and to establish standards by which development in these areas shall occur.
§ 270-114. Permitted accessory uses.
Permitted accessory uses in all Commercial Zones shall be the following:
A. Automobile parking and off-street loading areas, subject to the further requirements of
this chapter.
B. Accessory storage buildings,but not to include outside storage.
C. Signs, as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca.
D. The dwelling of a guard, caretaker or custodian but not more than one dwelling unit per
building.
E. Child day-care centers upon receipt of a special permit for same from the Planning Board
in accordance with the procedures set forth in this chapter.
F. Where the use is as a dwelling, home occupations, subject to the limitations on home
occupations set forth in § 270-219.2. [Added 2-12-2007 by L.L. No. 1-20071
G. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in
§ 270-219.3. [Added 8-13-2007 by L.L. No. 7-20071
270:68 10-01 -2008
§ 270-114 ZONING § 270-114
H. Small wind energy facilities, subject to the limitations on small wind energy facilities set
forth in § 270-219.4. [Added 8-11-2008 by L.L. No. 13-20081
270:68.1 10-01 -2008
§ 270-126 ZONING § 270-127
(1) Any municipal or public utility purpose necessary to the maintenance of utility
services except that substations and similar structures shall be subject to the same
setback requirements as apply to other buildings in the district in which the
substations or similar structures are constructed.
F. Small wind energy facilities, subject to the limitations on small wind energy facilities set
forth in § 270-219.4. [Added 8-11-2008 by L.L. No. 13-20081
§ 270-127. Principal uses authorized by special permit only.
The following uses are permitted in a Neighborhood Commercial Zone, but only upon receipt
of a special permit for same from the Planning Board in accordance with the procedures set
forth in this chapter:
A. Any of the uses, except caterer, set forth above as being permitted as of right where the
interior floor area for such use exceeds 5,000 square feet.
B. The following uses where the construction on the lot exceeds 5,000 square feet of land
area but does not exceed 10,000 square feet of land area (excluding underground
utilities):
(1) Any municipal or public utility purpose necessary to the maintenance of utility
services except that substations and similar structures shall be subject to the same
setback requirements as apply to other buildings in the district in which the
substations or similar structures are constructed.
C. Bank or other financial institution with a drive-through with a maximum of two
drive-througb lanes served by tellers or automatic teller machines.
D. Furniture and appliance sales and service.
E. Packaging/mailing service.
F. Hotel or motel provided the facility fronts on a state highway.
G. Child day-care center and elder care center.
H. Clubhouse, lodge, community center.
I. Mixed use commercial and residential provided the commercial use is a use that would
be permitted in a Neighborhood Commercial Zone if it were not in a mixed use facility.
J. Health or fitness center.
K. Any other lawful use, not otherwise specifically referred to in this chapter, that both the
Planning Board and the Zoning Board of Appeals find is substantially similar to a use
permitted as of right in the Neighborhood Commercial Zone and does not have greater
adverse effects upon traffic, noise, air quality, parking, or any other attribute reasonably
relevant, than a use permitted as of right.
270:73 10-01 -2008
§ 270-128 ITHACA CODE § 270-131
§ 270-128. Maximum building size.
No building in a Neighborhood Commercial Zone shall exceed 7,500 square feet in size
(inclusive of all floors except a basement used solely for storage) unless the Planning Board,
by special permit, authorizes the size to be increased up to 10,000 square feet. In no event
shall a building exceed 10,000 square feet in size (inclusive of all floors except a basement
used solely for storage).
ARTICLE XV
Office Park Commercial Zones
§ 270-129. Purpose.
The purpose of the Office Park Commercial Zone is to provide areas in the Town where
office parks involving business offices but not retail sales nor industrial products might be
located in a manner that is not totally inconsistent with residential areas but which may serve
as transition zones from lower density residential to higher intensity residential and
commercial uses and may involve traffic and other impacts that would begin to degrade the
residential environment.
§ 270-130. Permitted principal uses.
Only the following buildings or uses are permitted of right in an Office Park Commercial
Zone:
A. Bank or other financial institution with or without a drive-through facility, provided any
drive-through facility shall be limited to no more than two drive-through lanes.
B. Business, administrative or professional offices.
C. Medical and dental clinics not involving any overnight occupancy.
D. Optician and related facilities.
E. Municipal or other governmental offices.
F. Small wind energy facilities, subject to the limitations on small wind energy facilities set
forth in § 270-219.4. [Added 8-11-2008 by L.L. No. 13-20081
§ 270-131. Principal uses authorized by special permit only.
The following uses are permitted in an Office Park Commercial Zone, but only upon receipt
of a special permit for same from the Planning Board in accordance with the procedures set
forth in this chapter:
A. Any municipal or public utility purpose necessary to the maintenance of utility services
involving construction on more than 10,000 square feet of land.
B. Fire station or other public building necessary to the protection of or servicing of a
neighborhood.
270:74 10-01 -2008
§ 270-131 ZONING § 270-134
C. Arts and crafts gallery or studio.
D. Restaurant.
E. Packaging/mailing service.
F. Research and development facility which contains laboratories or other areas that are not
offices.
G. Clubhouse, lodge, community center.
H. Hospital, medical or dental clinic that involves overnight occupancy.
§270-132. Additional permitted accessory uses.
In addition to accessory uses authorized in all Commercial Zones, the following accessory
uses are permitted in an Office Park Commercial Zone:
A. Cafeteria or lunchroom.
B. Retail sales of candy, ice cream,baked goods, flowers, and other small items.
C. Child or elder day-care center.
D. Health or fitness center.
ARTICLE XVI
Community Commercial Zones
§ 270-133. Purpose.
The purpose of the Community Commercial Zone is to provide areas in the Town for a
broader range of economic activities which include activities that may draw clientele from all
areas in the Town and from outside the Town. It is the intention to locate such areas where
there is minimal impact on established residential neighborhoods, where the necessary
infrastructure is available, and where transportation facilities can be provided. The uses in this
zone will typically involve more traffic and related noises than in the Neighborhood and
Office Park Commercial Zones.
§ 270-134. Permitted principal uses.
Only the following buildings or uses are permitted of right in a Community Commercial
Zone:
A. Any of the uses permitted in a Neighborhood Commercial Zone or the Office Park
Commercial Zone that do not require a special permit or approval other than for the size
of the facility. Such uses are permitted as of right if the interior floor area is not more
than 10,000 square feet.
270:75 10-01 -2008
§ 270-134 ITHACA CODE § 270-135
B. Any of the following uses provided that the interior floor area is 10,000 square feet or
less:
(1) Bank or other financial institution with drive-through with a maximum of two
drive-through lanes served by tellers or automatic teller machines.
(2) Building supply which may include outside displays.
(3) Drugstore with a drive-through with no more than one driving lane passing through
the drive-through window area.
(4) Electrical shop.
(5) Furniture and appliance sales and service.
(6) Glass shop.
(7) Greenhouse which may include outside displays.
(8) Heating shop.
(9) Monument works which may include outside displays.
(10) Optician.
(11) Package liquor store.
(12) Pet shop, provided such shop does not have any outside pens or runs.
(13) Plumbing shop.
(14) Printer.
(15) Video store.
(16) Packaging/mailing service.
C. Hotel or motel of 30 sleeping rooms or less.
D. Small wind energy facilities, subject to the limitations on small wind energy facilities set
forth in § 270-219.4. [Added 8-11-2008 by L.L. No. 13-20081
§ 270-135. Principal uses authorized by special permit only.
The following uses are permitted in a Community Commercial Zone, but only upon receipt of
a special permit for same from the Planning Board in accordance with the procedures set forth
in this chapter and provided the interior floor area for each store (or if the use is other than as
a store, the space occupied by each entity) is no greater than 25,000 square feet unless limited
below to a lesser amount:
A. Any of the uses permitted in Neighborhood Commercial Zone or Office Park
Commercial Zone upon receipt of a special permit.
270:76 10-01 -2008
§ 270-135 ZONING § 270-135
B. Any of the uses set forth in §§ 270-126, 270-127, 270-130 and 270-134 above where the
interior floor area for such use exceeds the maximum permitted allowable in said
sections, usually 10,000 square feet.
C. Public library.
D. Theater, skating rink, bowling alley, dance hall, where the activity involved is conducted
exclusively inside a building provided that such place of business shall be located at least
200 feet from any residence district.
E. Restaurant or other place for the serving of food, with or without a drive-through facility
provided, however, that no new restaurant with a drive-through facility shall be permitted
within 1,500 feet of the property boundary line of an existing restaurant with a
drive-through facility. If alcoholic beverages are served, the place of business shall be
located at least 200 feet from a school or church and at least 150 feet from any residence
zone. Notwithstanding any other provision of this chapter, no such facility with a
drive-through shall exceed 10,000 square feet of interior space.
F. Bar or tavern, provided the place of business is located at least 200 feet from a school or
church and at least 150 feet from any residence zone.
G. Bank or other financial institution with drive-through with not more than three
drive-through lanes served by tellers or automatic teller machines.
H. Drugstore or pharmacy with a drive-through with not more than three driving lanes
passing through the drive-through window(s) area.
I. Clubhouse or lodge, provided that no building so used shall be within 100 feet of any
street or within 150 feet of the lot line of an adjoining owner.
J. Undertaker.
K. Hotel or motel with more than 30 sleeping rooms.
L. Public parking garage or lot such as a park-n-ride parking lot.
M. Mixed use commercial and residential provided the commercial use is a use that would
be permitted in a Community Commercial Zone if it were not in a mixed use facility.
N. Veterinary office or clinic. No veterinary office or clinic shall exceed 10,000 square feet
of interior space.
O. Medical and dental clinics not involving any overnight occupancy.
P. Upholsterer.
Q. Car wash, including a car wash drive-through facility, provided the footprint of the car
wash building does not exceed 10,000 square feet.
R. Any other lawful use, not otherwise specifically referred to in this chapter, that both the
Planning Board and the Zoning Board of Appeals find is substantially similar to a use
permitted as of right in the Community Commercial Zone and does not have greater
270:77 10-01 -2008
§ 270-135 ITHACA CODE § 270-138
adverse effects upon traffic, noise, air quality, parking, or any other attribute reasonably
relevant, than a use permitted as of right.
ARTICLE XVII
Vehicle Fueling and Repair Commercial Zones
§ 270-136. Purpose.
The purpose of the Vehicle Fueling and Repair Commercial Zone is to provide areas where
retail sales of automotive gasoline and related products might occur as well as the sale and
repair of automobiles, all in an environment that minimizes the impact of such activities on
residential and Neighborhood Commercial Zones.
§ 270-137. Permitted principal uses.
Only the following buildings or uses are permitted of right in a Vehicle Fueling and Repair
Commercial Zone:
A. Vehicle fuel sales station and vehicle repair garage provided that all servicing of vehicles
shall take place on private property, and that no repair work, except short-term
emergency repairs, be carried on out-of-doors.
B. Car wash, including a car wash that is a drive-through facility.
C. Small wind energy facilities, subject to the limitations on small wind energy facilities set
forth in § 270-219.4. [Added 8-11-2008 by L.L. No. 13-2008]
§ 270-138. Principal use authorized by special permit only.
The following use is permitted in a Vehicle Fueling and Repair Commercial Zone, but only
upon receipt of a special permit for same from the Planning Board in accordance with the
procedures set forth in this chapter:
A. Convenience store with gasoline sales.
B. Public parking garage or parking lot.
C. Any municipal or public utility purpose necessary to the maintenance of utility services
except that substations and similar structures shall be subject to the same setback
requirements as apply to other buildings in the district in which the substations or similar
structures are constructed.
270:78 10-01 -2008
§ 270-139 ZONING § 270-141
ARTICLE XVIII
Lakefront Commercial Zones
§ 270-139. Purpose.
The purpose of the Lakefront Commercial Zone is to provide areas in the Town for coherent
development of commercial facilities that are uniquely related to the shore front of Cayuga
Lake and are not inherently incompatible with adjacent residential zones.
§ 270-140. Permitted principal uses.
Only the following buildings or uses are permitted of right in a Lakefront Commercial Zone:
A. Boat harbor and marina.
B. Small wind energy facilities, subject to the limitations on small wind energy facilities set
forth in § 270-219.4. [Added 8-11-2008 by L.L. No. 13-20081
§ 270-141. Principal uses authorized by special permit only.
The following uses are permitted in a Lakefront Commercial Zone upon receipt of a special
permit for same from the Planning Board in accordance with the procedures set forth in this
chapter:
A. Restaurant or other place for the serving of food. If alcoholic beverages are served, the
place of business shall be located at least 200 feet from a school or church or 150 feet
from a residence district.
B. Hotel or motel, provided that the principal building is set back at least 100 feet from the
shoreline.
C. Clubhouse or lodge, provided that no buildings so used shall be within 100 feet of any
street, or within 150 feet of the lot line of an adjoining owner.
D. Mixed use commercial and residential, provided the commercial use is a use that would
be permitted in a Lakefront Commercial Zone if it were not in a mixed use facility and
provided that any residential component of any building is set back at least 100 feet from
the shoreline.
E. Any municipal or public utility purpose necessary to the maintenance of utility services
involving construction on not more than 5,000 square feet of land.
F. Institution of higher-leaming facilities principally dedicated to water-related research,
education and recreational activities, excluding dormitory accommodations. [Added
9-10-2007 by L.L. No. 8-20071
270:79 10-01 -2008
§ 270-142 ITHACA CODE § 270-143
§ 270-142. Accessory uses authorized by special permit only.
In addition to accessory uses authorized in all Commercial Zones, the following accessory use
is permitted in a Lakefront Commercial Zone but only upon receipt of a special permit for
same from the Planning Board in accordance with the procedures set forth in this chapter:
A. Retail sales of candy, ice cream, baked goods, flowers, and other small items.
§ 270-142.1. Additional yard regulations. [Added 9-10-2007 by L.L. No. 8-2007]
In addition to the yard regulations applicable to all Commercial Zones, the following
requirements shall apply to Lakefront Commercial Zones:
A. Minimum setback from shoreline. Any principal building, parking area, cabana, gazebo,
boathouse or other accessory structure, excluding such uncovered facilities as docks,
piers, wharves, sea walls, boat ramps, boatlifts, boat hoists and moorings, shall be located
at least 30 feet inland from the ordinary high water line of the shoreline.
B. Where site plan approval is required elsewhere in this chapter for a development or
activity, the site plan review shall include review of the adequacy, location, arrangement,
size, design, and general site compatibility of proposed structures, including piers, docks,
wharves, sea walls, boat lifts, boat hoists, boat ramps, and moorings. The Planning
Board, during site plan review, may establish a minimum setback of greater than 30 feet
from the ordinary high water line based on due consideration by the Board of the
preservation and protection of sensitive environmental features, and the maintenance of
the wooded character of the shoreline area (if applicable), as well as scenic views and
vistas. Where a site plan exists, an approved modified site plan shall be required if any of
the thresholds specified in § 270-191 of this chapter are met, including but not limited to
proposed changes to or additions of piers, docks, wharves and similar structures where
such changes or additions meet a § 270-191 threshold.
ARTICLE XIX
Light Industrial Zones
§ 270-143. Purpose.
The purpose of the Light Industrial Zone is to permit, where appropriate, the construction of
research and development oriented industries,high technology enterprises, light manufacturing
facilities, and other moderately intensive industrial activities which would not generally be
appropriate in residential areas but which may not require the same level of separation from
residential areas as more intensive industrial uses. Areas may be zoned as a Light Industrial
Zone by the Town Board or upon application for a specific proposal, all in accordance with
the normal rezoning procedures. Generally, such rezoning will be permitted only in areas
where public water and sanitary facilities are available, where public transportation may be
readily available, and where other resources and facilities that complement multiple light
industrial uses are found. In reaching its decision on whether to rezone to a Light Industrial
Zone, the Town Board shall consider the general criteria set forth in this chapter, the most
current Comprehensive or Master Plan for the Town, and this statement of purpose.
270:80 10-01 -2008
§ 270-144 ZONING § 270-145
§ 270-144. Permitted principal uses.
Only the following buildings or uses are permitted of right in a Light Industrial Zone:
A. Business, administrative or professional offices.
B. Industrial uses employing electric power or other motor power, or utilizing hand labor for
fabrication or assembly.
C. Indoor warehousing and indoor storage including self-service storage facilities.
D. Printing, publishing and bookbinding.
E. Research and development facilities utilizing office spaces, indoor scientific laboratories,
and other similar indoor spaces.
F. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in
§ 270-219.3. [Added 8-13-2007 by L.L. No. 7-20071
G. Small wind energy facilities, subject to the limitations on small wind energy facilities set
forth in § 270-219.4. [Added 8-11-2008 by L.L. No. 13-20081
§ 270-145. Adult entertainment uses authorized by special approval only.
Adult entertainment businesses are permitted in certain Light Industrial Zones, but only upon
receipt of a special approval for same from the Board of Appeals in accordance with the
procedures set forth in this chapter after receipt of a favorable recommendation for same from
the Planning Board, and only upon the conditions set forth below:
A. Adult entertainment businesses are permitted only in those Light Industrial Districts
which adjoin a State Highway (e.g.,New York State Route 13).
B. The Board of Appeals, after favorable recommendation of the Planning Board, grants a
special approval for same in accordance with the provisions of Article XXIV, Special
Permits and Special Approvals, of this chapter utilizing the criteria set forth or referred to
in said article for the granting of a special approval.
C. The building in which the business is conducted, and the related parking areas, are
located at least 150 feet from any highway right-of-way line, at least 280 feet from the
boundary of any other zoning district, and at least 280 feet from any public park, school,
or church. For this purpose, the Finger Lakes Trail is considered a public park, and the
boundaries of such trail are deemed to be the lines on each side of the center line that are
parallel to, and 20 feet from, the center line of the trail.
D. The building and lot upon which it is located comply in all other respects with the
requirements set forth in the provisions of this article governing Light Industrial Zones,
except as modified by this section and with the following further exceptions:
(1) If the type of adult entertainment business is one specified in § 270-227 the
minimum parking requirements shall be those set forth in such section for that type
270:81 10-01 -2008
§ 270-145 ITHACA CODE § 270-146
of structure (e.g., if the adult entertainment business is a theater, there shall be one
parking space for each five seats).
(2) If the type of adult entertainment business is not one specified in § 270-227 the
minimum parking requirement shall be 300 square feet of parking area, including
lanes and driveways, for each 100 feet of floor area, exclusive of basements used
for storage (e.g., if the adult entertainment business is a massage parlor, the
minimum parking area shall be 300 square feet for each 100 feet of floor area).
(3) The minimum parking requirements may be reduced in accordance with the criteria
and procedures referred to § 270-227.
§ 270-146. Permitted accessory buildings and uses.
Only the following accessory buildings or uses are permitted of right in a Light Industrial
Zone:
A. Automobile parking and off-street loading areas subject to the further requirements of
this article.
B. Accessory storage buildings,but not to include outside storage.
C. Signs, as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca.
D. The dwelling of an owner, operator, or manager, or of a guard, caretaker, or custodian,
provided that no more than one dwelling unit per industry shall be established.
E. Guardhouse.
F. Child day-care centers upon receipt of a special permit for same from the Planning Board
in accordance with the procedures set forth in this chapter.
G. Cafeteria or lunchroom.
H. Recreational facilities including playfields, ballfields, tennis and volleyball courts,
swimming pools and fitness centers.
I. Fences up to eight feet in height if approved by the Planning Board as appropriate and
necessary for the proposed use.
J. Where the use is as a dwelling, home occupations, subject to the limitations on home
occupations set forth in § 270-219.2. [Added 2-12-2007 by L.L. No. 1-20071
K. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in
§ 270-219.3. [Added 8-13-2007 by L.L. No. 7-20071
L. Small wind energy facilities, subject to the limitations on small wind energy facilities set
forth in § 270-219.4. [Added 8-11-2008 by L.L. No. 13-2008]
270:82 10-01 -2008
§ 270-147 ZONING § 270-152
§ 270-147. Minimum area for a light industrial zone.
A minimum tract of 10 acres is required for the development of a Light Industrial Zone.
§ 270-148. Height limitations.
Except as may be specifically otherwise authorized in this chapter, in Light Industrial Zones
no building shall exceed 38 feet in height from lowest interior grade nor 36 feet in height
from lowest exterior grade, and no structure other than a building shall exceed 36 feet in
height.
§ 270-149. Yard regulations.
A. Except as may be specifically otherwise authorized in this chapter, in Light Industrial
Zones yards of at least the following dimensions are required:
(1) Front yard: Not less than 150 feet in depth.
(2) Rear yard: Not less than 60 feet in depth.
(3) Side yards: None required with respect to buildings all on the same lot, but not less
than 60 feet from any structure to a side property line.
(4) Greater yards: Notwithstanding the foregoing, any special yard requirements for
specific uses or buildings set forth elsewhere in this chapter shall, if more
restrictive, supersede the above yard requirements.
B. The foregoing requirements may include any required buffer areas and shall not be in
addition to any required buffer areas.
§ 270-150. Building area.
The maximum building area shall not exceed 30% of the lot area. Projections described in
§ 270-224 are not to be included in computing the percentage.
§ 270-151. Minimum usable open space.
Minimum usable open space shall be not less than 30% of the lot area. For this purpose
"usable open space" shall mean that portion of the lot area not covered by any structure (as
defined in Article III) or driveway, and generally intended to be occupied by suitable
vegetation or landscaping.
§ 270-152. Size and area of lot.
Lots in Light Industrial Zones shall meet the following minimum requirements:
A. Minimum lot area shall be at least two acres; and
B. Minimum width at the street line shall be 150 feet; and
270:82.1 10-01 -2008
§ 270-152 ITHACA CODE § 270-153
C. Minimum width at the maximum required front yard setback line (150 feet from the
street line) shall be 200 feet; and
D. Minimum depth from the street line shall be 300 feet.
§ 270-153. Parking.
Parking requirements shall be as set forth in Article XXVII.
270:82.2 10-01-2008
§ 270-158 ZONING § 270-160
expressly enumerated below. Certain uses or facilities, set forth below, are permitted only
upon receipt of a special permit from the Planning Board as set forth below.
§ 270-159. Prohibited uses.
The following uses are prohibited in an Industrial Zone:
A. Dwelling units, except as an accessory use as set forth below.
B. Sales of any products at retail to the general public except as the same may be related to
and an incidental by-product of a permitted principal use such as manufacturing.
C. Restaurants of any nature except for cafeterias or other similar facilities that are
incidental to and related specifically to a permitted principal use such as manufacturing.
D. Motel.
E. Hotel.
F. Adult entertainment business.
G. Any of the following factories or works: arsenal, blast furnace, boiler works, iron, steel,
brass or copper foundry, metal ore, smelting, planing mill, rolling mill and stockyards or
slaughterhouse.
H. The manufacturing or storage of explosives and gas, oil and other flammables or
petroleum products.
§ 270-160. Permitted accessory buildings and uses.
Only the following accessory buildings or uses are permitted of right in an Industrial Zone:
A. Automobile parking and off-street loading areas subject to the further requirements of
this article.
B. Accessory storage buildings.
C. Signs, as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca.
D. The dwelling of an owner, operator, or manager, or of a guard, caretaker, or custodian,
provided that no more than one dwelling unit per industry shall be established.
E. Guardhouse.
F. Child day-care centers upon receipt of a special permit for same from the Planning Board
in accordance with the procedures set forth in this chapter.
G. Cafeteria or lunchroom incidental to and related specifically to a permitted use.
H. Recreational facilities including playfields, ballfields, tennis and volleyball courts,
swimming pools and fitness centers.
270:85 10-01 -2008
§ 270-160 ITHACA CODE § 270-164
I. Fences up to eight feet in height if approved by the Planning Board as appropriate and
necessary for the proposed use.
J. Where the use is as a dwelling, home occupations, subject to the limitations on home
occupations set forth in § 270-219.2. [Added 2-12-2007 by L.L. No. 1-20071
K. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in
§ 270-219.3. [Added 8-13-2007 by L.L. No. 7-20071
L. Small wind energy facilities, subject to the limitations on small wind energy facilities set
forth in § 270-219.4. [Added 8-11-2008 by L.L. No. 13-20081
§ 270-161. Placement of accessory structures.
Accessory structures or buildings may be placed in any required side or rear yard but no
closer than five feet to the boundary of the property. Except as herein otherwise provided, no
structures shall be placed in any required buffer zone. Parking, signs, guardhouses, and fences
may be placed in a front yard provided the Planning Board finds the location of such
structures is in accordance with the criteria for approval of the site plan and the location is
shown on an approved site plan. Signs, guardhouses and fences if placed in a required front
yard may also be placed in any required buffer zone that is in the front of the property.
§ 270-162. Minimum area for an industrial zone.
A minimum tract of 10 acres is required for the development of an Industrial Zone.
§ 270-163. Height limitations.
Except as may be specifically otherwise authorized in this chapter, in Industrial Zones no
building shall exceed 38 feet in height from lowest interior grade nor 36 feet in height from
lowest exterior grade, and no structure other than a building shall exceed 36 feet in height.
§ 270-164. Yard regulations.
A. Except as may be specifically otherwise authorized in this chapter, in Industrial Zones
yards of at least the following dimensions are required:
(1) Front yard: Not less than 150 feet in depth.
(2) Rear yard: Not less than 60 feet in depth.
(3) Side yards: None required with respect to buildings all on the same lot, but not less
than 60 feet from any structure to a side property line.
(4) Greater yards: Notwithstanding the foregoing, any special yard requirements for
specific uses or buildings set forth elsewhere in this chapter shall, if more
restrictive, supersede the above yard requirements.
270:86 10-01 -2008
§ 270-164 ZONING § 270-165
B. The foregoing requirements may include any required buffer areas and shall not be in
addition to any required buffer areas.
§ 270-165. Building area.
The maximum building area shall not exceed 30% of the lot area. Projections described in
§ 270-224 are not to be included in computing the percentage.
270:86.1 10-01-2008
§ 270-219.2 ZONING § 270-219.3
exterior indication of the home occupation or variation from the residential character of
the lot, district or surrounding neighborhood.
F. No offensive noise, vibration, smoke, dust, odor, heat, glare or electronic disturbance
shall be produced beyond the boundary line of the property occupied by the business.
G. The business shall not generate traffic in any greater volume than would normally be
expected in a residential neighborhood, and any need for parking generated by the use
shall be met off the street and in accordance with any other regulation of this chapter.
H. The business or use shall not be detrimental to the residential character of the lot on
which the business is located nor of the surrounding neighborhood.
I. The lot on which the business is operated shall be large enough to allow such business to
be conducted with minimal impact on the neighbors.
J. All business activities that are conducted within the bounds of the lot on which the
business is located must be conducted wholly within the dwelling or accessory building.
§ 270-219.3. Amateur radio facilities. [Added 8-13-2007 by L.L. No. 7-20071
A. Amateur radio facilities located within a building are permitted in all zoning districts in
the Town.
B. Amateur radio facilities located outside of a building are permitted as specified in
Articles V through XX of this chapter and shall meet all of the following requirements:
(1) The height of each amateur radio facility shall not exceed 65 feet from the ground
elevation.
(2) Where the amateur radio facilities are an accessory use, they shall be located on
the roof of a building, or in a side or rear yard only, except feed lines connecting
the radio to the antenna and rotor control wires may also be located in a front yard.
(3) The location of the amateur radio facilities shall meet all applicable setback and
buffer requirements of the zone in which they are located.
(4) A fall zone must exist around any tower constructed as part of an amateur radio
facility and must have a radius at least equal to the height of the tower and any
attached antennas. The fall zone may not include public roads and must be entirely
located on the property on which the amateur radio facilities are located and/or on
property which the tower user owns or for which the tower user has obtained an
easement.
(5) Any towers shall not be artificially lighted or marked beyond the requirements of
the Federal Aviation Administration or any successor agency.
(6) Co-location of equipment or facilities that are not used for amateur radio purposes
on an amateur radio tower is prohibited.
270:126.7 10-01 -2008
§ 270-219.3 ITHACA CODE § 270-219.4
(7) The placement of more than two amateur radio towers on one lot is permitted only
upon receipt of a special permit for same from the Planning Board in accordance
with the procedures set forth in this chapter.
(8) When required by Chapter 125, Building Construction and Fire Prevention, of the
Town of Ithaca Code, a building permit must be obtained for the amateur radio
facilities.
C. An accessory building that is part of an amateur radio facility is subject to all
requirements applicable to accessory buildings other than garages in the zone in which it
is located, except such accessory buildings may be located in side yards as well as rear
yards.
D. Where site plan approval is required elsewhere in this chapter for a development or
activity, the site plan review shall include review of the adequacy, location, arrangement,
size, design, and general site compatibility of proposed amateur radio facilities. Where a
site plan exists, an approved modified site plan shall be required if any of the thresholds
specified in § 270-191 of this chapter are met, including but not limited to proposed
changes to or additions of amateur radio facilities where such changes or additions meet
a § 270-191 threshold.
E. If a tower that is part of an amateur radio facility ceases to perform its originally
intended function for more than 12 consecutive months, the property owner shall remove
the tower, antennas, mounts and associated equipment and facilities by no later than 90
days after the end of the twelve-month period.
§ 270-219.4. Small wind energy facilities. [Added 8-11-2008 by L.L. No. 13-20081
A. Findings. The Town of Ithaca finds that wind is an abundant and renewable source of
energy. The conversion of wind energy into usable forms of energy will reduce
dependence on nonrenewable energy sources such as coal, gas and oil, the use of which
not only releases harmful pollutants into the atmosphere but also contributes to
phenomena such as global warming/climate change. Furthermore, wind energy facilities
also enhance the reliability of the power grid, reduce peak power demands and help
diversify the state's energy portfolio and will help to insulate residents in the Town of
Ithaca from increasing energy costs associated with the depletion of fossil fuels such as
coal, gas and oil.
B. Purpose. The purpose of this section is to promote the public safety and welfare by
fostering the small-scale development of the Town of Ithaca's wind power resources and
by providing standards for the safe provision of small wind energy facilities.
C. Development standards. Small wind energy facilities are permitted in all zoning districts
in the Town as accessory structures providing power primarily to structures on the same
lot, and as principal structures providing power primarily to structures on an adjacent lot,
with any excess power net-metered to the public utility system if the facility is
grid-connected, subject to the following requirements:
270:126.8 10-01 -2008
§ 270-219.4 ZONING § 270-219.4
(1) Small wind energy facilities are permitted as a matter of right, except facilities
located in or within 500 feet of public parkland, a natural area (as defined in this
chapter), or nature preserves (as designated by the Town of Ithaca, Cornell
Plantations or a land trust), or within 500 feet of the ordinary high-water line of
the Cayuga Lake shoreline, shall be permitted only upon receipt of a special permit
for same by the Planning Board in accordance with the procedures set forth in this
chapter. Notwithstanding the foregoing, building-mounted small energy facilities
shall not require a special permit, regardless of location in or proximity to such
areas or the Cayuga Lake shoreline.
(2) No small wind energy facility shall exceed 145 feet in height as measured from the
lowest level or portion of the wind energy facility (slab or base) in contact with the
ground surface to the highest point of any part of the facility, with moving parts
measured at the highest points of their extension (see Figure 1 below).
Building-mounted small wind energy facilities are subject to the height restrictions
in § 270-219.4E.
f
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t '1
t
Hub Hub t
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F S
r
� r
Mi
Turbine blade
Turbine blade
i
IASft
max.
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ieipht
s
Parade W Grade
Vertical Axis Wind Turbine Hori:onW Axis Wind TurMna
270:126.9 10-01 -2008
§ 270-219.4 ITHACA CODE § 270-219.4
Figure 1. Illustration of Maximum Height (Horizontal and Vertical Axis Facilities)
(3) The fall zone around any ground-mounted tower constructed as part of a small
wind energy facility shall be a circular area around the tower, the center point of
which is marked by the center of the base of the tower, with a radius at least equal
to the facility's height plus 10 feet. The entire fall zone may not include public
roads, overhead transmission lines, aboveground fuel storage or pumping facilities,
or human-occupied buildings and must be located on property owned by the tower
owner or for which the owner has obtained an easement or deed restriction. The
minimum setback between the center of the base of the tower and any unoccupied
buildings or other structures is 15 feet.
(4) No exposed moving part of any small wind energy facility shall, at the lowest
point of its extension, be less than 30 feet above the ground. Notwithstanding the
foregoing, the lowest extension of any blade or other exposed moving component
of a building-mounted small wind energy facility shall be at least 15 feet above the
ground (at grade level) and in addition at least 15 feet above any outdoor surfaces
intended for human occupancy, such as balconies or roof gardens, that are located
directly below the facility.
(5) For wind speeds in the range of zero miles per hour to 25 miles per hour, the
sound pressure level produced by a small wind energy facility or a combination of
small wind energy facilities shall not exceed 55 dB(A), measured at any site
property line abutting a property owned by an entity other than the owner of the
property on which the small wind energy facility or facilities are located. The
sound pressure level shall be determined by successively measuring the sound
pressure with the facility or facilities turned on and off and referring to the
accompanying chart (Figure 2). This level, however, may be exceeded during
short-term events such as utility outages or wind speeds exceeding 25 miles per
hour.
Figure 2. Noise Measurements
Sound measured with Small wind energy Maximum allowable
turbine off(ambient facility(s) sound limit, combined sound, dB(A)
noise), dB(A) dB(A) (ambient+generator)
20 55 55
21 55 55
22 55 55
23 55 55
24 55 55
25 55 55
26 55 55
27 55 55
28 55 55
270:126.10 10-01 -2008
§ 270-219.4 ZONING § 270-219.4
Figure 2. Noise Measurements
Sound measured with Small wind energy Maximum allowable
turbine off(ambient facility(s) sound limit, combined sound, dB(A)
noise), dB(A) dB(A) (ambient+generator)
29 55 55
30 55 55
31 55 55
32 55 55
33 55 55
34 55 55
35 55 55
36 55 55
37 55 55
38 55 55
39 55 55
40 55 55
41 55 55
42 55 55
43 55 55
44 55 55
45 55 55
46 55 56
47 55 56
48 55 56
49 55 56
50 55 56
51 55 56
52 55 57
53 55 57
54 55 58
55 55 58
56 55 59
57 55 59
58 55 60
59 55 60
60 55 61
61 55 62
62 55 63
Above 62 55 Ambient+ 1 dB(A)
270:126.11 10-01-2008
§ 270-219.4 ITHACA CODE § 270-219.4
(6) The number of wind energy towers per lot shall be limited to one for lots of less
than two acres in size. For lots of two acres or more, one wind energy tower shall
be permitted as a matter of right, and one additional tower shall be permitted upon
receipt of a special permit for same by the Planning Board in accordance with the
procedures set forth in this chapter. Notwithstanding the foregoing, there is no
limit on the number of building-mounted small wind energy facilities.
(7) Where small wind power facilities are an accessory use, they shall be located on
the roof, side or other elevated surface of a building or in a side or rear yard only.
(8) The location of a small wind power facility shall meet all applicable setback and
buffer requirements of the zone in which it is located, but in no event shall the
setback from adjacent property lines be less than 50 feet.
(9) Co-location of equipment or facilities that are not used for wind power purposes
on a wind energy tower is permitted only upon receipt of a special approval for
same from the Board of appeals in accordance with the procedures set forth in this
chapter. Co-located solar panels shall also be subject to the provisions of
§ 270-219.1 of this chapter. Notwithstanding the foregoing, co-located
telecommunications facilities shall not require special approval from the Board of
appeals but shall instead be subject to the requirements of § 270-219 of this
chapter.
(10) When required by Chapter 125 of the Town of Ithaca Code (Building Construction
and Fire Prevention), a building permit must be obtained for the small wind energy
facility.
(11) Where site plan approval is required elsewhere in this chapter for a development or
activity, the site plan review shall include review of the adequacy, location,
arrangement, size, design, and general site compatibility of proposed small wind
energy facilities. Where a site plan exists, an approved modified site plan shall be
required if any of the thresholds specified in § 270-191 of this chapter are met,
including but not limited to proposed changes to or additions of small wind energy
facilities where such changes or additions meet a § 270-191 threshold.
D. Safety standards.
(1) The small wind energy facility must meet all applicable New York State Uniform
Fire Prevention and Building Code requirements.
(2) All wiring connected with the small wind energy facility shall be underground,
except for:
(a) Wiring that runs from the turbine to the base of the facility; and
(b) All wiring associated with building-mounted small wind energy facilities.
(3) The small wind energy facility shall be equipped with an automatic braking or
governing system to prevent uncontrolled rotation, overspeeding, and excessive
pressure on the tower structure,rotor blades and other wind energy components.
270:126.12 10-01 -2008
§ 270-219.4 ZONING § 270-219.4
(4) The small wind energy facility shall not interfere with electromagnetic
communications such as radio, telephone or television or emergency
communication systems.
(5) All small wind energy facilities shall be installed by a qualified wind energy
installer, and prior to operation, the electrical connections and structural integrity
must be inspected by the Town and by the New York Board of Fire Underwriters
or other appropriate electrical and structural inspection person or agency as
determined by the Town.
(6) The small wind energy facility, if connected to a public utility system for
net-metering purposes, shall meet the requirements for interconnection and
operation as set forth in the public utility's then-current service regulations
applicable to wind power generation facilities, and the connection shall be
inspected by the appropriate public utility.
(7) To reduce the possibility of nighttime bird collisions with any part of the small
wind energy facility, all on-site lighting shall conform with the Town's Outdoor
Lighting Law, Chapter 173 of the Town of Ithaca Code.
E. Building-mounted small wind energy facility standards. The following additional
requirements apply to building-mounted small wind energy facilities only:
(1) The diameter of the building-mounted small wind energy facility, when measured
from the furthest outward extensions of all moving parts, may not exceed seven
feet.
(2) The height of a building-mounted small wind energy facility mounted on a roof
shall not exceed 15 feet as measured from the base of the mount (the location at
which the mount and exterior layer of roof meet). The height of all other
building-mounted small wind energy facilities shall not exceed 15 feet above the
highest point of the building's roof, excluding chimneys, antennas and other similar
protuberances.
(3) If more than one building-mounted small wind energy facility is installed, a
distance equal to the length of the height of the tallest building-mounted small
wind energy facility must be maintained between the bases of each
building-mounted small wind energy facility.
(4) A letter or certificate bearing the signature of a certified New York State
professional engineer must be submitted to the Code Enforcement Officer,
indicating that the existing structure onto which the building-mounted small wind
energy facility will be attached is capable of withstanding the additional load,
force, torque, and vibration imposed by the building-mounted small wind energy
facilities for the foreseeable future; will comply with seismic and structure
provisions set out in state and national building codes; all related components have
been designed in accordance with generally accepted good engineering practices
and in accordance with generally accepted industry standards; and if constructed in
accordance with the plans the entire facility, including the building onto which the
wind energy facility will be attached, will be safe, will be in accordance with all
270:126.13 10-01 -2008
§ 270-219.4 ITHACA CODE § 270-219.4
applicable governmental building codes, laws, and regulations, and in accordance
with generally accepted good engineering practices and industry standards,
including, without limitation, acceptable standards for stability, wind and ice loads.
F. Appearance.
(1) No small wind energy facilities shall be used for signage, promotional or
advertising purposes, including but not limited to company names, phone numbers,
banners, streamers, and balloons. Reasonable identification of the manufacturer or
owner of the small wind energy facility is permitted.
(2) Small wind energy facilities shall be painted or finished with a nonreflective,
unobtrusive color that blends the system and its components into the surrounding
landscape to the greatest extent possible and shall incorporate nonreflective
surfaces to minimize visual disruption.
(3) No small wind energy facility shall be artificially lighted except to the extent
required by the Federal Aviation Administration or other applicable authority.
G. Removal.
(1) If a small wind energy facility ceases to perform its originally intended function
for more than 12 consecutive months, the property owner shall so notify the Town
Clerk in writing within 30 days after the end of such twelve-month period, and the
property owner shall remove the tower, rotor, guy wires, and associated equipment
and facilities by no later than 90 days after the end of the twelve-month period.
(2) If the property owner fails to remove the small wind energy facility within the time
frame described above, the Town Code Enforcement Officer may issue the
property owner a notice of violation directing facility removal within a specified
time frame. Said notice of violation shall further advise that, should the violator
fail to meet the established deadline, the work may be done by a designated
governmental agency or a contractor, with the expense thereof to be charged to the
violator and/or to become a lien against the premises.
(3) If removal of the small wind energy facility is not completed to the satisfaction of
the Code Enforcement Officer within the period set forth in the Town's notice of
violation or Town Board's decision after any appeal thereof pursuant to Subsection
G(5) below, the Town may enter the premises to perform the removal or cause it
to be made. The Town's entry onto such premises shall be pursuant to an
agreement between the Town and landowner. If no agreement exists or can be
obtained in a timely manner, the Town may enter such property to remove an
imminent danger to life, property or safety of the public caused by the
nonfunctioning small wind energy facility. The Town further may seek a warrant
from a court of competent jurisdiction for access to the premises and/or may seek a
court order requiring or authorizing all actions reasonably necessary to remove the
facility, with the costs of such actions the sole responsibility of the violator.
(4) The Town shall present the landowner with a bill for all costs and expenses
incurred by the Town in connection with the removal and disposal of the small
270:126.14 10-01 -2008
§ 270-219.4 ZONING § 270-219.4
wind energy facility. If the landowner fails to pay such costs and expenses within
15 days after the demand for same, or within 30 days of the final decision on any
administrative or judicial contest the landowner may pursue, then such unpaid
costs, expenses and interest (at the statutory interest rate for money judgments in
New York State courts) incurred from the date of the removal activities shall
constitute a lien upon the land on which such measures were undertaken. A legal
action or proceeding may be brought to collect such costs, expenses, interest, and
recoverable attorney's fees or to foreclose such lien. As an alternative to the
maintenance of any such action, the Town may file a certificate with the Tompkins
County Department of Assessment stating the costs and expenses incurred and
interest accruing as aforesaid, together with a statement identifying the property
and landowner. The Tompkins County Department of Assessment shall, in the
preparation of the next assessment roll, assess such unpaid costs, expenses and
interest upon such property. Such amount shall be included as a special ad valorem
levy (administered as a move tax) against such property, shall constitute a lien, and
shall be collected and enforced in the same manner, by the same proceedings, at
the same time, and under the same penalties as are provided by law for collection
and enforcement of real property taxes in the Town of Ithaca. The assessment of
such costs, expenses and interest shall be effective even if the property would
otherwise be exempt from real estate taxation.
(5) Any person receiving a notice of violation or a bill for Town costs and expenses
may appeal to the Town Board by, within 15 days of receipt of such notice or bill,
delivering to the Town Clerk at the Town offices an appeal requesting a
reconsideration and administrative hearing before the Town Board. Such appeal
shall state the basis for the request for reconsideration and shall be accompanied
by any supporting materials. Failure to serve such an appeal within 15 days shall
be deemed a waiver of any claim or defense that the notice or bill is not justified,
and the violator shall comply with the requirements of the notice or pay the bill. If
the appeal is timely filed, the Town Board shall, within 40 days of the filing, hold
a hearing and, based upon any relevant materials presented by the Town and the
appellant, shall issue a resolution deciding the appeal within 30 days after the
hearing. Such resolution shall be filed with the Town Clerk, who shall arrange for
delivery of a copy of the decision to the appellant within five days after such
filing, at the address for such person designated in the appeal or at such other
address as the appellant may thereafter designate in writing to the Town Clerk. The
Town Board's decision after the hearing shall constitute a final agency action.
H. In addition to the enforcement processes and penalties provided in this chapter, any
condition caused or permitted to exist in violation of any of the provisions of this
§ 270-219.4 is hereby deemed and declared to be a threat to public health, safety, and
welfare and is declared and deemed a nuisance and may be summarily abated or restored
at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the
cessation of such nuisance may be undertaken by the Town in its sole discretion.
270:126.15 10-01 -2008
§ 270-220 ITHACA CODE § 270-221
ARTICLE XXVII
General Provisions
§ 270-220. Building floor area.
No dwelling in any zone shall be erected or altered so as to provide for less than 600 square
feet of net enclosed floor area.
§ 270-221. Side yard on corner lot.
On a comer lot in a residence zone the yard width on the side street shall be at least 1/2 the
required front yard for adjoining properties on the side street, but in no event less than 10 feet
On a comer lot in any other zone, the yard depth on both streets shall be equal to the required
front yard for adjoining properties on both streets.
270:126.16 10-01 -2008
§ DL-1 DISPOSITION LIST § DL-1
Local Adoption
Law No. Date Subject Disposition
6-2007 8-13-2007 Zoning amendment Ch. 270
7-2007 8-13-2007 Zoning amendment Ch. 270
8-2007 9-10-2007 Zoning amendment Ch. 270
9-2007 9-10-2007 Moratorium NCM
10-2007 11-8-2007 Water rates amendment Ch. 261
1-2008 1-7-2008 Tax exemption for certain Ch. 239, Art. IV
disabled persons with limited
incomes amendment
2-2008 1-7-2008 Senior citizens tax exemption Ch. 239, Art. I
amendment
3-2008 2-11-2008 Stormwater management and Ch. 228
erosion and sediment control
4-2008 2-11-2008 Zoning amendment Ch. 270
5-2008 2-11-2008 Subdivision of land amendment Ch. 234
6-2008 3-10-2008 Vehicles and traffic amendment Ch. 250
7-2008 4-7-2008 Zoning: special land use districts Ch. 271
amendment
8-2008 4-7-2008 Extension of moratorium NCM
9-2008 4-7-2008 Fees amendment Ch. 153
10-2008 6-9-2008 Vehicles and traffic: East Hills Ch. 250, Art. I (footnote
Shopping Plaza repealer only)
11-2008 7-27-2008 Storm sewer system and surface Ch. 227
waters protection
12-2008 7-27-2008 Vehicles and traffic: parking; Ch. 250, Art. III
stop and yield intersections
amendment
13-2008 8-11-2008 Zoning amendment Ch. 270
DL:3 10-01 -2008