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HomeMy WebLinkAbout4.17.25 PC Packet DEPARTMENT OF PLANNING 215 N. Tioga St 14850 607.273.1747 www.town.ithaca.ny.us TOWN OF ITHACA PLANNING COMMITTEE THURSDAY, APRIL 17, 2025 at 3:00 P.M. Meeting Location: Ithaca Town Hall, 215 N. Tioga Street, Aurora Conference Room (Enter from the rear entrance of Town Hall, adjacent employee parking lot.) Members of the public may also join the meeting virtually via Zoom at https://us06web.zoom.us/j/6750593272. AGENDA 1. Persons to be heard. 2. Committee announcements and concerns. 3. Consider approval of March meeting minutes. 4. Continued discussion of approach to requiring Payment In Lieu Of Taxes (PILOT) for Solar Energy Systems. 5. Review draft Resolution Adopting a Vision Zero Policy template provided to Tompkins County Joint Safety Action Plan advisory group. 6. Continued discussion of potential amendments to Short-term rental uses in Town Code Chapter 270-219.7 (Zoning). 7. Staff updates and reports. 8. Discuss next meeting date and upcoming agenda items. A quorum of the Ithaca Town Board may be present, however, no official Board business will be conducted. 1 Town of Ithaca Planning Committee Thursday, March 20, 2025 (3:00 PM Aurora Conference Room and on Zoom) Draft Minutes Committee members present: Rich DePaolo, Chair; Rod Howe & Margaret Johnson Board/Staff members: Director of Planning C.J. Randall; Director of Codes Marty Moseley. Guests. Scott D'Vileskis 1. Persons to be heard: None. 2. Committee announcements and concerns: None 3. Approval of February minutes: Rod moved the minutes for approval as presented, Rich seconded. February 20, 2025, minutes were approved as presented. 4. Discuss potential amendments to the Short-term rental uses in Town Code Chapter 270-217.9 (Zoning). A new Short Term Rental Map prepared by the Town’s GIS Analyst was presented with a layer showing parcels with “active” and “complete” operating permits for short-term rentals in Conservation and Agricultural zoning districts. The map’s green outlined parcels were said to identify “complete” applications, meaning a permit has been issued; the map’s red outlined parcels were said to identify “active” applications still in the review process. The map did not distinguish hosted verses un- hosted rentals. Viewing setbacks from existing structures require zooming in to each parcel and using the map Measure tool. There was discussion about parcels that are split by zoning districts. Any text amendments would have to reflect that the zone in which the dwelling unit is in would be the prevailing zone relative to rental uses or that if any portion of the parcel (over 5 acres, with setbacks met) is in the Conservation or Ag zones, those rental regulations/exemptions would apply, not based on where the dwelling is located. There were not an large number of parcels to be affected by any proposed changes and the committee was comfortable with moving forward and drafting (staff and Rich) the language to be proposed at the next meeting. Marty was asked if there is anything else in the town code section 270-219.7 that would need additional review, as when the code was adopted the right to review and amend as needed was reserved. Those could be presented to the committee with the new language at the next meeting. 5. Draft Local Law for Flood Damage Prevention (updating Town Code Chapter 157) provided by NYS Department of Environmental Conservation. A final draft of the proposed Flood Damage Prevention law was passed around, with the optional language added to define “critical facilities,” “Director of Code Enforcement,” and “Zoning Board of Appeals.” The town did not have a lot of leeway to modify the recommended language, and any proposed changes would need to be approved by the NYS DEC before going to the town board for final adoption. The committee was in favor of the draft law as proposed and recommended it be scheduled for Town Board consideration. 2 6. Discussion of approach to requiring Payment in Lieu of Taxes (PILOT) for Solar Energy Systems over 1 MW. A draft resolution was distributed as an option for the town to require a PILOT for large scale solar projects. 1 MW, 500 kW, and 200 kW sizes were discussed. The committee was in favor of being consistent with Tompkins County and consider what other municipalities are doing, however needed more information to continue for a recommendation to the town board for a resolution or a local law. A local law was recommended (rather than a resolution) by one of the Attorneys for the town. The committee had questions about how the properties are valued and calculated by the assessment department, they asked if the Director of Assessment would be available to come to the next meeting. C.J. offered to check with Mr. Franklin and follow up. It was noted that a large-scale solar applicant currently has the choice to offer a PILOT in the town’s existing law, but it is not currently required. There was a passage read about “opting out” and being “in” automatically; otherwise, “opting out” by a local law or resolution would ensure that a PILOT would be required. 7. Staff updates and reports. C.J. updated on the following: Two applications for the Town’s Purchase Development Rights program were reviewed by the PC in January and February 2024; the first purchase was finalized. The second purchase (for 84 acres) is moving forward, and the prior appraisal amount is still being used for the proposal. It is unknown if this property owner intends to donate an amount back for a tax incentive or not. The committee did not request to review the application again as nothing has changed. Chapter 161 in the Town Code relating to NYS DEC Wetlands may need to be rescinded due to the new NYS regulations taking full permit authority over all wetlands. The Town’s involvement would be to direct the property owners to the new regulations and permitting process through the NYS DEC. Safe Streets Tompkins program has made good progress, and street profiles have been released. The Town of Ithaca priorities were the intersection of Sheffield Rd. & NYS-79 and the segment of NYS-13 from the city to Enfield, respectively. Safety countermeasures were offered along with basic budget projections. The information has been shared with the Town Director of Engineering who made comments. NYS DOT has been actively involved, and the final plan is anticipated in May. A public virtual meeting is scheduled for April 30th at 6:30 p.m. and information will be shared on the Town website. The finished plan/project will be a good tool for the town to have been a part of for future funding opportunities. There is an upcoming meeting with the Town, Cornell and Forest Home Drive residents regarding traffic and speed in the Forest Home neighborhood. The neighborhood formed a committee, and this will be the kickoff meeting. 8 Next meeting date and upcoming agenda items: Thursday, April 17, 2025, 3:00 p.m. Possible County Assessment Director attendance regarding Solar project taxes. The Town of Ithaca Planning Committee meeting concluded at 4:00 p.m. Ordinance Language Editors Notes Resolution No. _____ A RESOLUTION OF THE [TOWN BOARD] OF THE [JURISDICTION] ADOPTING A VISION ZERO POLICY WHEREAS, the life and health of all persons living and traveling within the [Jurisdiction] are our utmost priority, and no one should die or be seriously injured while traveling on our town streets; WHEREAS, Vision Zero is the concept that traffic deaths and serious injuries on our roadways are unacceptable; WHEREAS, Vision Zero is a holistic strategy aimed at eliminating all traffic fatalities and severe injuries suffered by all road users while increasing safe, healthy, and equitable mobility for all; WHEREAS, streets and transportation systems have traditionally been designed primarily to move cars efficiently, and Vision Zero supports a paradigm shift by designing streets and transportation systems to move all people safely, including people of all ages and abilities, pedestrians, bicyclists, public transit users, scooter riders, and motorcyclists, as well as drivers and passengers of motor vehicles; WHEREAS, Vision Zero recognizes that people will sometimes make mistakes, so the road system and related policies should be designed to ensure that those inevitable mistakes do not result in severe injuries or fatalities; therefore, transportation planners and engineers and policymakers are expected to improve the roadway environment, policies, and other related systems to lessen the severity of crashes; WHEREAS, [number] people in the [Jurisdiction] lost their lives to traffic deaths in [year/time period], and traffic crashes are among the leading cause of deaths in the United States;6 WHEREAS, the [Jurisdiction]’s transportation infrastructure serves an increasing The “Whereas” clauses explain the underlying reasons for adopting this resolution and Vision Zero policy, providing the legal rationale for the local council, board, or other legislative body to take legislative action. In addition, these statements can serve as useful talking points for policymakers and other stakeholders. For this model resolution, we have endeavored to include clauses highlighting equity, crash data, and other reasons for adopting a Vision Zero resolution. These clauses can be amended as desired to fit the circumstances of your jurisdiction. The references, which provide an evidentiary basis for the clauses, should be deleted from the final version. Adapted from 2022 ChangeLab Solutions Resolution Template Page 2 number of vulnerable road users such as pedestrians and bicyclists; WHEREAS, according to the Tompkins County Safety Performance Dashboard, pedestrians and bicyclists are involved in [percentage] percent of collisions and account for [percentage] percent of traffic deaths in the [Jurisdiction]; WHEREAS, the injury rate for pedestrians involved in collisions is approximately [percentage] percent, and the injury rate for bicyclists involved in collisions is approximately [percentage] percent; WHEREAS, speed is recognized as a major determining factor of survival in a crash;7 WHEREAS, the [Town] [is working/will work] toward reducing vehicle speeds because the likelihood of a pedestrian surviving a crash is 10 percent if hit by a vehicle moving 40 mph;8 WHEREAS, children, older adults, people of color, people with disabilities, people who are unhoused, and people with low income face a significantly disproportionate risk of traffic injuries and fatalities;9 WHEREAS, people of color are disproportionately affected by racial profiling and inequitable enforcement of traffic violations;10–12 WHEREAS, making streets safer for all people using all modes of transportation will encourage people to travel on foot, by bicycle, and by public transit, which supports a healthier, more active lifestyle and reduces environmental pollution; WHEREAS, successful Vision Zero programs are a result of all stakeholders, including government at all levels, industry, non-profit/advocacy, researchers, and the general public, collaborating to preventing fatalities and serious injuries on our roadways; WHEREAS, the [Jurisdiction] has already adopted a Complete Streets Policy on April 15, 2015; Highlighting Vision Zero’s consistency with previous municipal planning initiatives can help solicit support for Vision Zero. Adapted from 2022 ChangeLab Solutions Resolution Template Page 3 NOW, THEREFORE, BE IT RESOLVED, by the [Town Board] of the [Jurisdiction], State of New York, as follows: The [Jurisdiction] adopts the goal of eliminating traffic deaths and a 50% reduction in serious injuries by 2040 and endorses Vision Zero as a comprehensive and holistic approach to achieving this goal. The [Jurisdiction] adopts the goal of eliminating racial profiling and inequitable enforcement of traffic violations. The [Jurisdiction] adopts the Joint Safety Action Plan, attached hereto as Exhibit A, as a comprehensive and holistic approach to achieving Vision Zero. The [Jurisdiction] Clerk shall certify the adoption of this Resolution, effective immediately, by the Town Board. PASSED AND ADOPTED by the [Town Board] of the [Jurisdiction], State of New York, on [Date], 20[__], by the following vote: [______________]. This statement of commitment is highly encouraged by SS4A for evaluation of implementation grants. Town of Dryden, NY Thursday, April 10, 2025 Chapter 225. Solar Energy Systems Pilot [HISTORY: Adopted by the Town Board of the Town of Dryden 4-11-2024 by L.L. No. 1-2024. Amendments noted where applicable.] Article I. General Provisions § 225-1. Title. This chapter shall be referred to as Local Law No. 1-2024, entitled "Solar Energy Systems PILOT Law" § 225-2. Authority. This chapter is intended to be consistent with and is enacted by the Town Board of the Town of Dryden pursuant to its authority to adopt laws under the New York State Constitution, the New York State Municipal Home Rule Law, the New York State Town Law, and the New York Real Property Tax Law. It is intended and hereby declared to address matters of local concern only and is intended to act in furtherance of the Town's authority with respect to zoning and land use laws and its police and taxation powers, related to solar energy systems. § 225-3. Statement of purpose. This chapter is adopted to ensure that the benefits of the community's solar energy resource are available to the entire community, by promoting the installation of solar energy generating equipment through a payment in lieu of taxes (PILOT), granting reduced costs to system developers and energy consumers, and providing a revenue stream to the entire community. § 225-4. Conflict with other laws. Where this chapter differs or conflicts with other laws, rules, and regulations the more restrictive applicable law, rule or regulation shall apply. This section shall be inapplicable where county, state or federal law preempts the application of a more restrictive law, rule or regulation, include the provisions contained in this chapter. Article II. Solar Energy Systems Pilot Agreements § 225-5. Word usage; definitions. For the purposes of this chapter, and where not inconsistent with the context of a particular section, the terms, phrases, words, abbreviations and their derivations defined below shall have the meaning given in this article. When not inconsistent with the context, words in the present tense include the future tense, words used in the plural number include words in the singular number. The word "shall" is always mandatory and not merely directory. ANNUAL PAYMENT The payment due under a PILOT agreement entered into pursuant to Real Property Tax Law § 487(9). ANNUAL PAYMENT DATE January 1 of each year. BUILDING INTEGRATED SOLAR ENERGY SYSTEM A combination of photovoltaic building components integrated into any building envelope system, such as vertical facades, including glass and other facade material, semitransparent skylight systems, roofing materials, and shading over windows. CAPACITY The manufacturer's nameplate capacity of the solar energy system as measured in kilowatts (kW) or megawatts (MW) AC. COMMERCIAL SOLAR ENERGY SYSTEM A solar energy system that primarily produces energy that is fed directly into the grid primarily for off-site sale or consumption, or any solar energy system with a nameplate generating capacity of 200 kilowatts or more. Commercial solar energy systems include building-integrated, roof-mounted and ground-mounted solar energy systems that meet or exceed the above-stated nameplate generating capacity. GROUND-MOUNTED SOLAR ENERGY SYSTEM A solar energy system that is anchored to the ground and attached to a pole or other mounting system, detached from any other structure for the primary purpose of producing electricity. HOST COMMUNITY AGREEMENT A contract between a commercial solar energy system owner/developer and the Town, whereby such owner/developer agrees to provide the community with certain benefits and mitigate specified impacts of the solar project. NONCOMMERCIAL SOLAR ENERGY SYSTEM A solar energy system with a nameplate generating capacity of less than 200 kilowatts that is incidental and subordinate to another use on the same parcel and which primarily produces energy for on-site consumption. Noncommercial solar energy systems include building-integrated, roof- mounted and ground-mounted solar energy systems that do not meet or exceed the above-stated nameplate generating capacity. OWNER The owner of the property on which a solar energy system is located or installed, or their lessee, licensee or other person authorized to install and operate a solar energy system on the property. PHOTOVOLTAIC SYSTEMS A solar energy production system that produces electricity by the use of semiconductor devices, i.e., photovoltaic cells that generate electricity when light strikes them. ROOF-MOUNTED SOLAR ENERGY SYSTEM A solar panel system located on the roof of any legally permitted building or structure for the purpose of producing electricity for on-site or off-site consumption. SOLAR ENERGY EQUIPMENT Electrical energy storage devices, material, hardware, inverters, or other electrical equipment and conduits of photovoltaic devices associated with the production of electrical energy. A. (1) (2) B. C. D. E. A. B. C. D. E. SOLAR ENERGY SYSTEM All components and subsystems required to convert solar energy into electric energy suitable for use. This term includes, but is not limited to, solar panels and solar energy equipment. The area of a solar energy system includes all the land and/or structures inside the perimeter of the solar energy system, which extends to any interconnection equipment. § 225-6. PILOT required. The owner of a property on which a solar energy system is located or installed (including any improvement, reconstruction, or replacement thereof), shall enter into a PILOT agreement with the Town of Dryden consistent with the terms of this chapter, except for: Noncommercial solar energy systems. Solar energy systems that do not seek or qualify for an exemption from real property taxes pursuant to Real Property Tax Law § 487(4). The lessee or licensee of any owner of a property required to enter into a PILOT agreement by this section, which owns or controls the solar energy system, may enter into the PILOT agreement on behalf of the owner of the property. Pursuant to Real Property Tax Law § 487(9)(b), the Town of Dryden hereby expresses its ongoing intent to require a contract for PILOT for such solar energy systems, and this chapter shall be considered notification to owners or developers of such systems and no further action is required on the part of the Town of Dryden with respect to the notification requirements by the Town of Dryden as set forth in Real Property Tax Law § 487(9)(a). Nothing in this chapter shall exempt any requirement for compliance with state and local codes for the installation of any solar energy equipment or a solar energy system, or authorize the installation of any solar energy equipment or a solar energy system. All solar energy systems must file a real property tax exemption application pursuant to Real Property Tax Law § 487 to receive a tax exemption. Nothing in this chapter shall act to prohibit the Town of Dryden from also requiring a Host Community Agreement, in accordance with its authority otherwise granted by state and local law. § 225-7. Contents of PILOT agreements. Each PILOT agreement entered into shall include: Name and contact information of the owner or other party authorized to act upon behalf of the owner of the solar energy system. The tax identification number for each parcel or portion of a parcel on which the solar energy system will be located. A requirement for not more than 15 successive annual payments, to be paid commencing on the first annual payment date after the effective date of the real property tax exemption granted pursuant to Real Property Tax Law § 487. The capacity of the solar energy system, and that if the capacity is increased or decreased as a result of a system upgrade, replacement, partial removal or retirement of solar energy equipment, the annual payments shall be increased or decreased on a pro rata basis for the remaining years of the agreement. That the parties agree that under the authority of Real Property Tax Law § 487 the solar energy system shall be considered exempt from real property taxes for the fifteen-year life of the PILOT agreement. F. G. H. I. That the PILOT agreement may not be assigned without the prior written consent of the Town of Dryden, which consent may not be unreasonably withheld if the assignee has agreed in writing to accept all obligations of the owner, except that the owner may, with advance written notice to the Town of Dryden but without prior consent, assign its payment obligations under the PILOT agreement to an affiliate of the owner or to any party who has provided or is providing financing to the owner for or related to the solar energy system, and has agreed in writing to accept all payment obligations of the owner. That a notice of this agreement may be recorded by the owner at its expense, and that the Town of Dryden shall cooperate in the execution of any notices or assignments with the owner and its successors. That the Town of Dryden Town Board may establish by resolution the payment amount and terms of PILOT agreements by developers of solar energy systems with the Town of Dryden or may delegate to the Tompkins County Industrial Development Agency the authority to negotiate such agreements on behalf of the Town of Dryden. That if the annual payment is not paid when due, that upon failure to cure within 30 days, the Town of Dryden may cancel the PILOT agreement without notice to the owner, and the solar energy system shall thereafter be subject to taxation at its full assessed value § 225-8. Severability. If any provision, clause, sentence, subsection, word or part of this chapter is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words, or parts of this chapter or their application to other persons or circumstances. It is hereby declared to be the legislative intent that this chapter would have been adopted if such illegal, invalid, or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and as if such person or circumstance, to which this chapter or part thereof is held inapplicable, had been specifically exempt therefrom. § 225-9. Repealer. All ordinances, local laws, and parts thereof inconsistent with this chapter are hereby repealed. § 225-10. When effective. This chapter shall take effect immediately upon filing with the New York State Secretary of State in accordance with § 27 of the Municipal Home Rule Law.