HomeMy WebLinkAboutMN-CC-1998-08-05August 5, 1998
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COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 P.M. August 5, 1998
PRESENT:
Mayor Cohen
Alderpersons (10) Shenk, Sams, Blumenthal, Marcham, Hershey, Manos,
Farrell, Vaughan, Spielholz, Taylor
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Geldenhuys
City Controller – Cafferillo
Building Commissioner – Eckstrom
Planning and Development Director – Van Cort
Superintendent of Public Works – Gray
Acting Assistant City Attorney - Dunn
PLEDGE OF ALLEGIANCE:
Mayor Cohen led all present in the Pledge of Allegiance to the American flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Budget and Administration Committee
Alderperson Marcham requested the addition of the following items:
17.7 - Resolution Approval of Salary Ranges for Director and Deputy Director of Human
Resources
17.8 Appointment to the Position of Human Resources Deputy Director - Resolution
17.9 Appointment to the Position of City Prosecutor - Resolution
No Council member objected.
Planning and Development Committee
Alderperson Blumenthal requested the deletion of Item 19.11 - An Ordinance Amending
Sections 228-3 and 228-4 of Chapter 228 of the City of Ithaca Municipal Code entitled
“Landmarks Preservation” regarding the Review of Certain Awning and Canopy
Encroachments.
No Council member objected.
Community Issues Committee
Alderperson Sams requested that Item 18.1, Immigration Guide to City Hall, be moved
to the top of the agenda.
No council member objected
SPECIAL ORDER OF BUSINESS:
4.1 Public Hearing to Consider an Authorization to Submit the Brownfields Grant
Resolution to Open Public Hearing
By Alderperson Vaughan: Seconded by Alderperson Marcham
RESOLVED, That the Public Hearing to consider an authorization to submit the
Brownfields grant be declared open.
Carried Unanimously
No one appeared to address Council.
August 5, 1998
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Resolution to Close Public Hearing
By Alderperson Marcham: Seconded by Alderperson Spielholz
RESOLVED, That the Public Hearing to consider an authorization to submit the
Brownfields grant be declared closed.
Carried Unanimously
4.2 Public Hearing to Consider the City of Ithaca Bicycle Plan
Resolution to Open Public Hearing
By Alderperson Manos: Seconded by Alderperson Vaughan
RESOLVED, That the Public Hearing to consider the City of Ithaca Bicycle Plan be
declared open.
Carried Unanimously
The following people addressed comments to Common Council regarding the Bicycle
Plan:
Guy Gerard, City of Ithaca
Fay Gougakis, City of Ithaca
Donald Tall, City of Ithaca
Guy VanBenschoten, City of Ithaca, provided a one page written statement to Council
instead of speaking.
Resolution to Close Public Hearing
By Alderperson Hershey: Seconded by Alderperson Vaughan
RESOLVED, That the Public Hearing to consider the City of Ithaca Bicycle Plan be
declared closed.
Carried Unanimously
4.3 Public Hearing to Consider an Ordinance Amending Sections 325-3 and 325-
41 of the City Code Regarding the Review of Certain Awning and Canopy
Encroachments by the Design Review Board
Resolution to Open Public Hearing
By Alderperson Sams: Seconded by Alderperson Manos
RESOLVED, That the Public Hearing to consider an Ordinance amending sections
325-3 and 325-41 of the City Code regarding the review of certain awning and canopy
encroachments by the Design Review Board be declared open.
Carried Unanimously
No one appeared to address Council.
Resolution to Close Public Hearing
By Alderperson Shenk: Seconded by Alderperson Sams
RESOLVED, That the Public Hearing to consider an Ordinance amending sections
325-3 and 325-41 of the City Code regarding the review of certain awning and canopy
encroachments by the Design Review Board be declared closed.
Carried Unanimously
4.4 Public Hearing to Consider an Ordinance Amending Sections 325-3 of the City
Code Regarding the Definition of Dwelling – Owner Occupied
Resolution to Open Public Hearing
By Alderperson Sams: Seconded by Alderperson Marcham
RESOLVED, That the Public Hearing to consider an Ordinance amending sections
325-3 of the City Code regarding the definition of dwelling – owner occupied be
declared open.
Carried Unanimously
No one appeared to address Council.
August 5, 1998
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Resolution to Close Public Hearing
By Alderperson Hershey: Seconded by Alderperson Spielholz
RESOLVED, That the Public Hearing to consider an Ordinance amending sections
325-3 of the City Code regarding the definition of dwelling – owner occupied be
declared closed.
Carried Unanimously
YOUTH AWARD:
Alderpersons Hershey and Taylor presented the Youth Award to the students in the
Ithaca City School District ESOL Program. The students were part of the Ithaca Middle
School Summer School program, and met every morning for five weeks. Some of the
participants were refugees, immigrants, and visitors to the city. They traced their origins
to foreign countries, conducted research into Ithaca City Government by doing
interships and taking field trips to various departments, and produced a brochure called
the Immigrant’s Guide to Ithaca City Government.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Guy Gerard, City of Ithaca, spoke regarding the public hearing time limits.
Donald Tall, City of Ithaca, brought a petition with 300 signatures to keep the library on
Cayuga Street.
Fay Gougakis, City of Ithaca, submitted written comments and spoke regarding the
location of the library, the skateboard park, and public pools.
David Nutter, City of Ithaca, spoke in support of the Bike Plan.
RESPONSE TO THE PUBLIC:
Alderperson Marcham responded to comments regarding the use of library space.
Mayor Cohen noted that Mr. Tall spoke to the County Board the night before the
meeting.
COMMUNICATIONS FROM COMMON COUNCIL:
Alderperson Sams thanked the City staff that helped the ESOL students. She also
thanked the staff, Wheaton’s Sheet Metal Shop, the business community, and the GIAC
staff involved with First Lady Hillary Clinton’s recent visit.
Alderperson Vaughan noted that the National Night Out parties were great fun, and she
hoped more neighborhoods would be encouraged to take part next year.
Alderperson Farrell noted that the National Night Out celebration is only one-way for
neighborhoods to get together. They can also have other gatherings.
REPORT OF THE CITY CONTROLLER:
City Controller Cafferillo reported that both computers in the City Prosecutor’s Office
were out of service. There is funding available within the existing computer capital
project to acquire at least two replacement computers.
He further reported that a report of audited sales tax receipts will be submitted for
discussion at the August, 1998 Budget and Administration meeting to clarify recent
media reports of heightened sales tax receipts.
REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES:
Board of Public Works
Mayor Cohen reported that most of the Board’s time has been spent preparing the 1999
departmental budget. Upcoming work includes the Properties Sub-Committee reviewing
a policy on leasing public space to private entities, and the Traffic Committee will be
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making a recommendation on the alteration of the East Spencer Street intersection with
Prospect Street and Turner Place.
Board of Fire Commissioners
Cynthia Yahn reminded Council of the January,1998 efforts of the Ithaca Fire
Department in the North Country ice-storm disaster.
Assistant Fire Chief Guy VanBenschoten reported that the Town of Bangor held a
recognition field day the previous Saturday at which they presented a plaque of
appreciation to the City of Ithaca Fire Department.
CONSENT AGENDA ITEMS:
16.1 Finance/Controller - Request to Approve 1999 Civil Service Agreement
By Alderperson Vaughan: Seconded by Alderperson Marcham
RESOLVED, That the Mayor and City Clerk be authorized and directed to execute an
agreement between the City of Ithaca and the Ithaca City School District for performance
of services by the City in connection with Civil Service matters for the period July 1, 1998
to June 30, 1999, in the amount of $29,217.00, payable to the City of Ithaca on or before
November 1, 1998.
Carried Unanimously
17.1 An Ordinance Amending Chapter 317 of the Municipal Code of the City of
Ithaca, Entitled “Vehicles, Removal of.”
By Alderperson Marcham: Seconded by Alderperson Vaughan
Ordinance 98-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca
as follows:
Section 1. Section 317-2 (D) of Chapter 317 of the City of Ithaca Municipal Code
entitled “VEHICLES, REMOVAL OF” is hereby amended to read as follows:
Section 317-2 Storage and charges
D. Removal charges are hereby established as follows:
a. Ordinary removal charges shall not exceed [forty-five dollars ($45.00)] fifty
dollars ($50.00) total charge. “Ordinary removal” means the removal of any vehicle that
is not a special equipment removal, a special problem or circumstance removal, or an
extraordinary removal.
b. Special equipment removal charges shall not exceed [sixty-five dollars
($65.00)] seventy dollars ($70.00) total charge. “Special equipment removal” means the
removal of any vehicle that requires special equipment such as dollies, flat beds, ramps,
jacks or slings.
c. Special problem or circumstance removal charges shall not exceed $70.00
total charge. “Special problem or circumstance” means the removal of any vehicle that
involves additional steps such as snow removal, difficult access to a locked vehicle, or
extra cleanup. A request shall be made by the tow truck operator to the police officer at
the scene that the tow be treated as a special problem or circumstance removal.
Reasons for the request shall be stated by the tow truck operator to the police officer at
the scene and shall be recorded in the Police Tow Away Log. Approval or denial of
request is to be made at the discretion of the police officer at the scene of the tow and
indicated on the “Police Tow Away” Log. Denial of the request by the police officer shall
cause the removal to be deemed an ordinary removal.
d. Extraordinary removal charges shall be based on the actual costs of the use
of the extraordinary equipment, plus labor charges. Extraordinary removal means
the removal of any vehicle requiring the use of a crane or other extraordinary equipment
other than regular or special towing equipment.
[E. A fee not to exceed fifteen dollars ($15.00) may be charged by the wrecker or tow
service operator to the owner or operator of any vehicle requiring removal services as
provided in this chapter whenever the owner or operator appears to remove the vehicle
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after the wrecker or towing service operator has been dispatched or arrives, but before
the vehicle has been hooked up for towing or removal.]E. [F]. A fee not to exceed
[twenty dollars ($20.00)] twenty-five dollars ($25.00) may be charged by the wrecker or
towing service operator to the owner or operator of any vehicle requiring removal
services as provided in this chapter whenever the owner or operator appears to remove
the vehicle after the wrecker or towing service operator has hooked up the vehicle for
towing or removal, but before the vehicle has been removed from the scene.
F.[G.] Storage fees not exceeding [ten dollars ($10.00)]fifteen dollars ($15.00) per day
or fraction thereof may be charged by the wrecker or towing service after the vehicle
has been stored for more than 24 hours.
G. An after-hours service charge not to exceed $10.00 may be charged by the tow
truck operator whenever the tow truck operator appears to remove a vehicle during the
hours of 11 P.M. to 7 A.M.
Section 2. This Ordinance shall take effect immediately and in accordance with law
upon publication of notice as provided in the Ithaca City Charter.
Carried Unanimously
REGULAR AGENDA ITEMS:
Budget and Administration Committee:
17.2 Common Council - Approval of Counseling Memo Policy for Managerial and
Confidential Staff
By Alderperson Marcham: Seconded by Alderperson Farrell
WHEREAS, a request was made to the Budget and Administration Committee to review
and clarify the removal process of counseling memorandum from employees' personnel
files, and
WHEREAS, an Ad Hoc Committee, the Budget and Administration Committee and Senior
Staff reviewed the counseling memorandum removal process and are recommending the
following policy, applying to managerial and confidential City employees only, be approved
for implementation:
1. A Counseling Memorandum, which is the equivalent of a warning letter, is an
initial step in disciplinary action and not subject to a grievance procedure.
2. Any managerial and confidential City employee may request the removal of
Counseling Memoranda from his or her personnel file after two working
years of active employment with the City from the date the behavior
occurred. Such a request shall be granted provided that no similar behavior
reoccurs during the two-year period. The employee must make a written
request for the memorandum's removal, addressed to the Director of Human
Resources. The Director of Human Resources must respond in writing to
the employee within 30 working days on the status of the memorandum's
removal;
now, therefore, be it
RESOLVED, That Common Council hereby adopts said policy and recommends its
transmittal to all parties involved.
Carried Unanimously
17.3 Common Council - Managerial Pay Raise Requests
By Alderperson Marcham: Seconded by Alderperson Vaughan
WHEREAS, Common Council adopted a policy on March 4, 1998, regarding salary
increases for managerial employees not covered by a bargaining unit, which established
procedures for individual requests and criteria for granting an increase, and
August 5, 1998
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WHEREAS, Common Council subsequently received several requests for increases from
managerial staff, and the Budget and Administration Committee therefore appointed a
subcommittee consisting of Sara Shenk, Pat Vaughan and Paulette Manos, with Mayor
Cohen as a non-voting member, and
WHEREAS, the subcommittee considered the requests in view of the Council-adopted
criteria and related data, which included possible changes in job responsibilities, the City's
current managerial salary structure, salaries for comparable jobs in a dozen other Upstate
cities and, where relevant, comparisons with net income in the private sector; now,
therefore, be it
RESOLVED, Common Council approves an increase of $3,768.60 in base salary for
Steven Thayer, Deputy City Controller, retroactive to January 1, 1998.
Alderperson Sams stated she would like to see criteria reviewed for next year to avoid
problems that were experienced.
Alderperson Hershey thanked the subcommittee for their tough decisions.
Carried Unanimously
17.4 Approval of Quit Claim Deed for Miller Street
By Alderperson Marcham: Seconded by Alderperson Shenk
WHEREAS, the city has been approached to either open or abandon the unopened paper
street of Miller Street, east of Pearl Street, and
WHEREAS, the City Attorney's Office has advised DPW staff that after researching title to
the property it does not appear that the city holds clear title to this property, and
WHEREAS, DPW staff has advised that there are no utilities, nor plans for any in the
paper street and after reviewing the attorney's comments recommended that any city
interest be transferred to the interested property owner as driveway access, and
WHEREAS, the Board of Public Works considered and approved this recommendation;
now, therefore, be it
RESOLVED, That Common Council hereby approves of a quit claim deed which will
abandon Miller Street east of Pearl Street to the city line.
Carried Unanimously
17.5 Human Resources - Request Fund Transfer for the Human Resources
Department Consulting Services
By Alderperson Marcham: Seconded by Alderperson Manos
WHEREAS, the Human Resources Department is in need of consultation and advice with
regard to labor issues; now, therefore, be it
RESOLVED, That the Human Resources Department is authorized to enter into an
agreement with Brock & Schwab, LLP as an independent contractor for consulting and
legal services for a total amount not to exceed $6,000, and be it further
RESOLVED, That the sum of $6,000 shall be transferred from account A1430-5105
Salaries to account A1430-5435 Contractual Services, and be it further
RESOLVED, That after the expenditure of $6,000.00 on consulting services, the contract
shall be re-evaluated by City staff to determine possible extension of the contract.
Carried Unanimously
August 5, 1998
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17.6 City Prosecutor - Request Funds for Online Legal Research Services
By Alderperson Marcham: Seconded by Alderperson Hershey
WHEREAS, the City Prosecutor’s Office is in need of an unlimited online legal research
service to assist the office with 24 hour access to statutes, and
WHEREAS, the City Attorney’s Office currently uses and recommends a Westlaw
subscription for online legal research, and
WHEREAS, the legal research service on New York State Contract would cost the
Prosecutor’s Office $119 per month for a 1998 total cost of $595; now, therefore, be it
RESOLVED, That an amount not to exceed $595 be transferred from Account A1990
Unrestricted Contingency to A1110-5435 for the purchase of said unlimited online legal
research service.
Carried Unanimously
17.7 Human Resources - Approval of Salary Ranges for Director and Deputy
Director of Human Resources
By Alderperson Marcham: Seconded by Alderperson Manos
RESOLVED, That Common Council hereby establishes the positions of Director of Human
Resources and Deputy Director of Human Resources, both to be designated as
managerial positions pursuant to Section 201.7(a) of the New York State Civil Service
Law, and be it further
RESOLVED, That the 1998 annual salary ranges for the position of Director of Human
Resources and the position of Deputy Director of Human Resources be established as
follows:
Minimum Midpoint Maximum
Director of Human Resources $47,289 $58,644 $69,999
Deputy Director of Human $41,302 $51,220 $61,137
Resources
Carried Unanimously
17.8 Appointment to the Position of Deputy Director of Human Resources
By Alderperson Marcham: Seconded by Alderperson Sams
RESOLVED, That Valerie Saul be hereby appointed to the position of Deputy Director
of Human Resources at an annual salary of $38,472, which represents 77% of the full-
time equivalent position.
Carried Unanimously
17.9 Appointment to the Position of City Prosecutor
By Alderperson Marcham: Seconded by Alderperson Sams
RESOLVED, That Margaret McCarthy be hereby appointed to the position of City
Prosecutor on a full-time basis, at an annual salary of $50,000, effective August 6,
1998.
Carried Unanimously
18. COMMUNITY ISSUES AGENDA:
18.1 Immigrant Guide to City Hall - Presentation
This item was not discussed, as it was included in the Youth Award presentation.
19. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
19.1 Adoption of Scope for GEIS - Southwest Area Land Use Plan
By Alderperson Blumenthal: Seconded by Alderperson Taylor
WHEREAS, On May 6, 1998, the Common Council for the City of Ithaca, acting as Lead
Agency, determined that the Southwest Area Land Use Plan may have a significant
environmental impact and that a draft Generic Environmental Impact Statement must be
prepared, and
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WHEREAS, on June 1, 1998, the City of Ithaca held both an Agency Scoping Session
and a Public Scoping Session to identify issues to be analyzed in the draft Generic
Environmental Impact Statement for the proposed Southwest Area Land Use Plan, and
WHEREAS, Common Council, advertised a public comment period on the proposed
scope, and
WHEREAS, Common Council received, analyzed and incorporated substantive
comments from the public regarding issues to be included in the scope; now, therefore,
be it
RESOLVED, That after considering both the written scope and the comments made
during the public comment period, the Common Council for the City of Ithaca adopts the
scope, dated July 15, 1998 to be used for the draft Generic Environmental Impact
Statement for the Southwest Area Land Use Plan.
Extensive discussion followed on the floor regarding the following issues: the Cherry
Street Industrial Park, whether the area could handle the proposed road network,
stormwater management, and areas adjacent to substitute parklands. Environmental
regulations regarding air quality, including traffic, were also discussed. The goal of the
GEIS was to identify these problems. Traffic studies must be conducted while Ithaca
College and Cornell are in session.
A vote on the Resolution resulted as follows:
Ayes (9) Shenk, Blumenthal, Marcham, Hershey,
Manos, Farrell, Vaughan, Spielholz,
Taylor
Nays (0)
Abstentions (1) Sams
Carried
19.2 Authorization to Hire a Consultant to Prepare the GEIS for the Southwest
Area Land Use Plan
By Alderperson Blumenthal: Seconded by Alderperson Vaughan
WHEREAS, the Common Council, on May 6, 1998, acting as Lead Agency, determined
that the Southwest Area Land Use Plan may have a significant environmental impact and
that a Generic Environmental Impact Statement must be prepared, and
WHEREAS, the Common Council endorsed the concept that the Generic Environmental
Impact Statement should be prepared by a professional engineering and planning firm
experienced in the preparation of GEISs and authorized the Planning and Development
staff to release a Request for Proposal to qualified engineering and planning firms for this
assignment, and
WHEREAS, a committee consisting of representatives from the Planning and
Development Board, Planning and Development Committee, the MPO, and the Planning
and Development Department has reviewed the three responses to the RFP and have
recommended Clark Patterson Associates of Rochester, NY for this assignment based on
the following factors:
1. Experience of the firm with issues relevant to the GEIS such as stormwater
management, dump closures, traffic, and community character
2. Strength in both engineering and planning disciplines
3. Composition of the project team which will consist of
planners, engineers and a traffic consultant;
now, therefore, be it
August 5, 1998
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RESOLVED, that the Mayor for the City of Ithaca is hereby authorized and directed to
enter into a contract with Clark Patterson Associates to prepare the Generic
Environmental Impact Statement for the Southwest Area Land Use Plan for an amount not
to exceed $270,000, including all reimbursable expenses.
Extensive discussion followed regarding they types of businesses that may locate in
Southwest Park, and consultant studies on the impact to downtown business including
alternative ideas to direct consumers downtown.
City Attorney Geldenhuys stated that there have been some conflicting cases regarding
the extent an economic analysis can be looked at, but the underlying issue being analyzed
is impact on character of neighborhood and socio-economic issues, as opposed to
competitive economic issues.
Ayes (9) Shenk, Blumenthal, Marcham, Hershey,
Manos, Farrell, Vaughan, Spielholz,
Taylor
Nays (0)
Abstentions (1) Sams
Carried
19.2a Establishment of Capital Project – Resolution
By Alderperson Blumenthal: Seconded by Alderperson Farrell
RESOLVED, That capital project #390 Southwest Area Development, be hereby
established, in an amount not to exceed $325,000, for the purpose of acquiring
property, performing necessary planning studies, and other related services, such as
surveys and required environmental testing, and be it further
RESOLVED, That said project be financed by the issuance of serial bonds, pending the
future disposition of said parcels.
City Controller Cafferillo noted that the second Resolved clause is needed if the City
borrows money to acquire or develop property, and subsequently sells that property,
any monies derived from the sale, up to the amount that was borrowed for that purpose,
has to be set aside in a mandatory reserve to retire that debt.
Ayes (9) Shenk, Blumenthal, Marcham, Hershey,
Manos, Farrell, Vaughan, Spielholz,
Taylor
Nays (0)
Abstentions (1) Sams
Carried
19.3 Southwest Area Land Use Plan Design Guidelines Study Area in Conjunction
with the GEIS
By Alderperson Blumenthal: Seconded by Alderperson Vaughan
WHEREAS, the Common Council, on May 6, 1998, acting as Lead Agency, determined
that the Southwest Area Land Use Plan may have a significant environmental impact
and that a Generic Environmental Impact Statement must be prepared, and
WHEREAS, the Design Guidelines will be incorporated into the GEIS and will be utilized
to mitigate visual and aesthetic impacts, and
WHEREAS, development that is carefully designed and considers both the private and
public sector needs and uses which can most successfully be accomplished with clearly
written and presented guidelines, especially for use by the Planning and Development
Board during the site plan review process, and
August 5, 1998
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WHEREAS, the Common Council endorsed the concept that these Design Guidelines
should be prepared by a professional design firm independent of the GEIS Consultant
and this firm should be experienced in the preparation of urban design guidelines, and
WHEREAS, a client committee shall be established to work as part of the process; now,
therefore, be it
RESOLVED, that the Mayor for the City of Ithaca is hereby authorized and directed to
enter into a contract with a design firm to prepare the Design Guidelines for the
Southwest Area Land Use Plan study area for an amount not to exceed $15,000,
including all reimbursable expenses.
Amending Resolution
By Alderperson Shenk: Seconded by Alderperson Manos
RESOLVED, That a fifth Whereas clause be added to read as follows:
WHEREAS, a client committee shall be established to work as part of the process; now,
therefore, be it
Carried Unanimously
Main Motion as Amended:
A vote on the main motion as amended resulted as follows:
Carried Unanimously
19.4 Authorization to Hire Legal Counsel for the Southwest Area Land Use Plan
GEIS preparation process
By Alderperson Blumenthal: Seconded by Alderperson Manos
WHEREAS, the Common Council, on May 6, 1998, acting as Lead Agency, determined
that the Southwest Area Land Use Plan may have a significant environmental impact
and that a Generic Environmental Impact Statement must be prepared, and
WHEREAS, the City will require legal services during the preparation of the GEIS, and
WHEREAS, the Planning and Development Department recommends John Kirkpatrick,
of Kirkpatrick & Silverberg, for this assignment based on Kirkpatrick’s experience and
expertise in land use law and SEQR.
RESOLVED, that the Mayor for the City of Ithaca is hereby authorized and directed to
enter into a contract with John Kirkpatrick, of Kirkpatrick & Silverberg LLP, for legal
services during the preparation of the GEIS for the Southwest Area Land Use Plan for
an amount not to exceed $20,000, including all reimbursable expenses.
Carried Unanimously
19.5 An Ordinance Amending Sections 113-1, 113-2, 113-3, 113-4, 113-5, and 113-6
of Chapter 113 Entitled "Six Mile Creek Advisory Committee," Enacting Sections
113-7 and 113-8 and Chapter 114, Amending sections 320-1, 320-5, 320-8 and 320-
9, and Deleting Sections 320-6 and 320-7 of Chapter 320 Entitled “Watershed” of
the City of Ithaca Municipal Code.
By Alderperson Blumenthal: Seconded by Alderperson Manos
WHEREAS, the City Code of the City of Ithaca provides for oversight of the Six Mile
Creek Natural Area by the Six Mile Creek Advisory Committee; and
WHEREAS, Common Council of the City of Ithaca wishes to provide for designation and
oversight of all Natural Areas located within the City; now, therefore, be it
ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York,
as follows:
SECTION 1. That Chapter 113 entitled "Six Mile Creek Advisory Committee" be
amended by renaming the chapter “Natural Areas Commission.”
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SECTION 2. That Chapter 113 be amended to read as follows:
113-1. The Six Mile Creek Advisory Committee established by the Common Council of
the City of Ithaca, by resolution of Dec. 21, 1993, is hereby renamed the "Natural Areas
Commission" and is continued pursuant to the terms outlined herein.
113-2. Purposes and duties.
The purposes and duties of the [Committee] Commission shall be as follows:
A. To support the conservation of the [Six Mile Creek Natural Area] designated
Natural Areas of the City of Ithaca, in accordance with the commitments [to
preservation] and policies [on use] contained in Chapter 114, Natural Areas, and Article
I, '320-1, of Chapter 320, Watershed ("Natural Areas") of the City of Ithaca Code.
B. To advise the Board of Public Works, the Department of Public Works, the
appropriate committee of the Common Council, and [other entities] the Conservation
Advisory Council, with regard to public concerns about the Natural Areas, [and] threats
to the ecosystems contained therein and opportunities to improve the protection thereof.
C. To monitor public use of the Natural Areas.
D. To assist in efforts to educate the public about the importance and the fragility
of the Natural Areas.. To gather and present expert environmental information about
preservation of the resources of the Natural Areas and proper human use of the Areas.
F. To assist the Superintendent of Public Works and the Director of Human
Resources in the selection of [a Six Mile Creek Gorge Ranger] one or more Natural
Area Rangers, by reviewing applications and interviewing candidates.
G. To hear regular reports from and advise the Natural Area Ranger(s).
H. To make recommendations to the Department of Public Works and/or Board
of Public Works regarding maintenance needs, procedures, rules or policies for the [Six
Mile Creek Natural Area] Natural Areas.
I. With regard to Natural Areas partially within or adjacent to the Town of Ithaca,
[T]to participate in discussions with the government of the Town of Ithaca regarding
town policies with a potential effect on [the Six Mile Creek Natural Area] said Natural
Areas, at the direction of the Mayor or the Common Council.
J. To make policy recommendations as needed regarding [the Six Mile Creek
Natural Area] any of the Natural Areas, including the need for a change in the boundary.
K. To submit an annual report of the [Committee=s] Commission's activities and
concerns to the Board of Public Works and Common Council.
113-3. Membership; appointment; residency; terms.
A. (1) The [Committee] Commission shall consist of [nine (9)]eleven (11)
voting members.
(2)The members of the Six Mile Creek Advisory Committee serving at the
time of adoption of this Chapter shall be appointed to the Commission. Additional
members shall be appointed to bring the membership of the Commission up to eleven.
(3) The Mayor shall appoint one (1) member from each of the following
three (3) entities: the Common Council, the Board of Public Works, and the City
Conservation Advisory Council [Circle Greenway and the Town of Ithaca Conservation
Advisory Board]. The Town of Ithaca Conservation Advisory Board may name one
member from its ranks, and Cornell University may name one (1) member.
In addition, the Mayor, subject to the approval of Common Council, shall appoint [four]
six (6) members from the public, all of whom shall have a scientific, environmental
and/or civic interest in [the Six Mile Creek Natural Area] one or more of the designated
Natural Areas, at least three (3) of whom shall have a strong interest in and familiarity
with the Six Mile Creek Natural Area and at least two (2) of whom shall have a strong
interest in and familiarity with the Ithaca Falls area. The Mayor shall use best efforts to
insure to appoint Board members with training or expertise in geology, woodland or
August 5, 1998
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forest ecology, and archaeology. At least [six (6)] eight (8) members of the [Committee]
Commission shall be residents of the City of Ithaca.
B. In addition, the Assistant Superintendent for Water and Sewer, the Chief Operator of
the City Water Filtration Plant, the City Forester, the [Gorge] Natural Areas Ranger(s),
the Director of Planning and Development (or his/her designee) and a member of
Cornell University's Natural Areas Commission (designated by the chair of that group)
shall serve as non-voting, ex officio members of the [Committee] Commission.
C. All members representing city or town boards or committees shall initially be
appointed for [a]terms ending Dec. 31, [1994]1999, but shall be replaced if their service
on said board or committee ends. Of the [four (4)] six (6) initial representatives from the
public, two (2) shall be appointed for a term ending December. 31, [1994]1998, two
shall be appointed for terms ending Dec. 31,[1995] 1999, and [one (1)]two (2) for terms
ending December 31, 2000. Subsequently, each seat shall be filled for a three-year
term. Incumbent Commission members may be reappointed.
113-4. Officers.
The Officers of the [Committee] Commission shall be a Chairperson, Vice
Chairperson, and Secretary, all of whom shall be elected by the [Committee]
Commission, on an annual basis. The initial chairperson shall be drawn from the
members continuing from the Six Mile Creek Advisory Committee.
13-5. Quorum.
The [Committee] Commission shall not act on substantive matters without the
presence of a quorum, which shall be [five (5)] six (6) voting members.
113-6. Bylaws; records.
The [Committee] Commission shall adopt bylaws establishing rules of procedure.
The [Committee] Commission shall keep accurate records of its meetings and shall file
an annual report as provided in ' 113-2 of this chapter.
113-7. Subcommittees.
The Commission shall maintain separate subcommittees for Six Mile Creek and
for Ithaca Falls. Other subcommittees for other Areas shall be established as deemed
necessary by the Commission. The representative from Cornell University shall serve
on the Ithaca Falls subcommittee.
113-8. Meetings.
The Commission shall meet on a regular basis, at least once in each quarter of
the year.
SECTION 3. That a new Chapter 114 shall be enacted, to read as follows:
CHAPTER 114: NATURAL AREAS
114-1. Designation of Natural Areas; boundaries; maps.
A. The Common Council may designate as Natural Areas of the City of
Ithaca those areas which are wholly or substantially in a natural and/or undeveloped
state, which have significance for ecological and/or recreational reasons, and which are
best appreciated and maintained in a natural, relatively undisturbed state (rather than as
an active use park).
B. The Six Mile Creek Natural Area is a designated Natural Areas of the City of
Ithaca. Additional Natural Areas may be designated in the future, including, but not
limited to, the following:
1. The Ithaca Falls Natural Area,
2. The Fuertes Sanctuary, and
3. The Southwest Natural Area.
August 5, 1998
13
C. The boundaries of the Natural Areas shall be shown on maps approved and
amended as necessary by Common Council.
114-2. Commitment to preservation.
The Common Council hereby affirms the City of Ithaca's commitment and intent to
protect and maintain the Natural Areas of the City of Ithaca in a generally natural,
undisturbed state. The addition of human-made elements shall be as minimal as
possible, and shall be primarily in the form of hiking trails, educational aids and
measures necessary for the public safety, and in the case of the Six Mile Creek Natural
Area, measures necessary to maintain the water supply system.
114-3. Natural Areas Commission.
The Natural Areas Commission shall be the advisory body to the Board of Public
Works (and Common Council, when appropriate) that shall coordinate City and public
concerns about the Natural Areas. The purposes, duties and membership of the
Commission are set forth in further detail in Chapter 113, Natural Areas Commission, of
this Code.
114-4. New Construction or Rehabilitation.
A. City boards and staff involved in any plans for construction of new facilities or
rehabilitation of existing facilities in a Natural Area shall give vigorous and thorough
consideration to the commitment in Section 114-2, above, and shall inform and work
with the Natural Areas Commission in the development of such plans.
B. Except for necessary, emergency repairs to the water supply system at
Six Mile Creek and routine maintenance of existing facilities, no significant, permanent
changes shall be made in the Natural Areas without prior approval from the Board of
Public Works or the Common Council, acting after soliciting the advice of the Natural
Areas Commission. “Routine maintenance” refers to work carried out on a regular basis
and according to standardized, general procedures set forth in the “ecologically-
informed guidelines” described in Section 114-5 of this chapter.
114-5. Maintenance.
Ecologically-informed general guidelines for Department of Public Works
maintenance activities within the Natural Areas shall be promulgated and updated as
necessary by the Department of Public Works, in consultation with the Natural Areas
Commission, and subject to the approval of the Board of Public Works.
114-6. Restoration.
Any significant disruption of a Natural Area by the City shall be restored to as
natural or compatible a state as practical, on the basis of a restoration plan promulgated
with the advice of the Natural Areas Commission. If the Department of Public Works
and the Natural Areas Commission cannot agree on the plan, the Board of Public Works
shall make a final determination.
114-7. Prohibited activities.
The following activities are prohibited in all of the Natural Areas of the City of
Ithaca, unless expressly permitted or carried out pursuant to a duly issued permit:
A. Camping.
B. Littering.
C. Amplified sound.
D. Wood cutting.
E. Trapping.
F. Rock and ice climbing and rappelling.
G. Hunting and shooting.
H. Motorized vehicle riding.
I. Bicycle riding.
J. Plant digging.
K. Flower picking.
August 5, 1998
14
L. Consumption of alcoholic beverages.
M. Fires of any kind.
114-8 Ranger(s)
The position of [Six Mile Creek Gorge] Natural Area Ranger is hereby
established to advise users of regulations governing [Six Mile Creek] the Natural Areas
and to demonstrate the City's intention to protect [such a unique and natural area] said
areas and enforce the regulations. The Ranger(s) shall be provided with adequate
equipment to communicate readily with law enforcement agencies. The Ranger(s) shall
work under the direction of the Superintendent of Public Works and [will serve as liaison
with the overseeing committee and Circle Greenway] shall consult regularly with the
Natural Areas Commission.
114-9. Signage
The City hereby directs the Department of Works to provide adequate and
attractive signage to alert the public to the rules and regulation covering trails and
hazards in the gorge.
114-10. Penalties for offenses
The violation of any of the provisions in this chapter shall be punishable as
prescribed in Chapter 1, General Provisions, Article I, Penalties, of this Code.
SECTION 4. That Section 320-1, subsection B(2) and (5) of Chapter 320, entitled
“Watershed”, shall be amended to read as follows:
320-1. A. Commitment to preservation and policy on use.
B. (2) City boards and staff involved in any plans for construction of new facilities or
rehabilitation of existing facilities in the Six Mile Creek Natural Area shall give thorough
consideration to the objective of preserving, to the greatest extent possible, all three (3)
of the uses listed above. Except in emergency situations where it is not practical, the
Natural Areas Commission shall be contacted and given an opportunity to comment
before such new construction or rehabilitation is commenced.
(5) The [Six Mile Creek Advisory Committee] Natural Areas Commission shall be the
advisory body to the Board of Public Works (and to the Common Council, when
appropriate) [that shall coordinate city and public concerns] about the Six Mile Creek
Natural Area. The purposes, duties and membership of the Commission are set forth in
further detail in Chapter 113, Natural Areas Commission, of this Code.
SECTION 5. That section 320-3 subsection A shall be amended to read as follows:
320-3. Public entrances and parking.
A. There shall be only [five (5)] seven (7) entrances to the Six Mile Creek Natural Area,
all to be marked:
(1) Hudson Street at Renzetti Place.
(2) Giles Street at Columbia at the present stairway.
(3) Giles Street at the Indian campground (west of bridge).
(4) Giles Street to the Van Natta’s Dam Pond (east of bridge.)
(5) Giles Street just below East State Street.
(6) South Hill Recreation Way.
(7) Commonland off New York State Route 79.
August 5, 1998
15
SECTION 6. That section 320-4 subsections A and B shall be amended as follows:
320-4. Prohibited activities. [Amended 4-8-1996 by Ord. No. 96-5]
A. The City hereby prohibits the following activities throughout the Six Mile Creek
Natural Area, unless expressly permitted or carried out pursuant to a duly issued permit.
(1) Swimming.
(2) Boating.
(3) Ice skating.
(4) Camping.
(5) Littering.
(6) Amplified sound.
(7) Wood cutting.
(8) Trapping.
(9) Rock and ice climbing and rappelling.
(10) Hunting and shooting.
(11) Motorized vehicle [and bicycle] riding.
(12) Bicycle riding.
(13) Plant digging.
(14) Flower picking.
(15) Consumption of alcoholic beverages.
(16) Fires of any kind.
[(17) Skiing.]
B. The Board of Public Works is authorized to grant specific, revocable exceptions
to any of the above prohibitions, upon consultation with the Natural Areas Commission
and a finding of special circumstances. When granting such an exception, the Board
shall retain the right of the city to impose reasonable conditions intended to protect
public safety, the water supply system or the natural environment or to control the city's
potential liability.
SECTION 7. That section 320-5 shall be amended to read as follows:
320-5. Ranger(s).
A. The position of [Six Mile Creek Gorge] Natural Area Ranger is hereby
established to advise users of regulations governing [Six Mile Creek] the Natural Areas
and to demonstrate the City's intention to protect [such a unique and natural area] said
areas and enforce the regulations. The Ranger(s) shall be provided with adequate
equipment to communicate readily with law enforcement agencies. The Ranger(s) shall
work under the direction of the Superintendent of Public Works and [will serve as liaison
with the overseeing committee and Circle Greenway] shall consult regularly with the
Natural Areas Commission.
SECTION 8. That section 320-9 entitled “Penalties for offenses” shall be renumbered
as section 320-7.
SECTION 9. That sections 320-6 entitled “Circle Greenway Commission” and 320-7
entitled “Six Mile Creek Advisory Committee” shall be deleted.
SECTION 10. This Ordinance shall take effect immediately and in accordance with law
upon publication of a notice as provided in the Ithaca City Charter.
Superintendent Gray reported that the Board of Public Works feels that Six Mile Creek
should be designated as a Natural Area as opposed to a city utility location.
A vote on the Ordinance resulted as follows:
Carried Unanimously
August 5, 1998
16
MAYOR’S APPOINTMENTS:
Affirmative Action Advisory Committee
Resolution
By Mayor Cohen: Seconded by Alderperson Sams
RESOLVED, That Common Council approves the appointment of Samuel Valazquez to
the Affirmative Action Advisory Committee, with a term to expire December 31, 2000.
RESOLVED, That Common Council approves the appointment of Satomi Hill to the
Affirmative Action Advisory Committee, with a term to expire December 31, 1999.
RESOLVED, That Common Council approves the appointment of Winnie Taylor to the
Affirmative Action Advisory Committee, with a term to expire December 31, 1999.
Carried Unanimously
Cable Commission
By Mayor Cohen: Seconded by Alderperson Shenk
RESOLVED, That Common Council approves the appointment of Tom Edwards to the
Cable Commission with a term to expire December 31, 2003.
Carried Unanimously
Conservation Advisory Committee
By Mayor Cohen: Seconded by Alderperson Blumenthal
RESOLVED, That Common Council approves the appointment of Gregory Thomas to
the Conservation Advisory Committee, with a term to expire December 31, 1999.
Carried Unanimously
Ithaca Housing Authority
By Mayor Cohen: Seconded by Alderperson Shenk
RESOLVED, That Common Council approves the appointment of Nancy Pringle to the
Ithaca Housing Authority, with a term to expire October 17, 2000.
Carried Unanimously
19.6 An Ordinance Amending Chapter 290 entitled “Subdivision of Land” of the
City of Ithaca Municipal Code – Declaration of No Significant Environmental
Effect
By Alderperson Blumenthal: Seconded by Alderperson Vaughan
WHEREAS, an Ordinance amending Chapter 290 entitled “Subdivision of Land” of the
City of Ithaca Municipal Code, has been submitted to Common Council for
consideration, and
WHEREAS, appropriate environmental review has been conducted, and
WHEREAS, the proposed action is an “unlisted” action under the City Environmental
Quality Review Ordinance, and
WHEREAS, it appears that the proposed action will not have a significant effect on the
environment; now, therefore, be it
RESOLVED, that this Common Council, as lead agency in this matter, hereby does
adopt as its own the findings and conclusions set forth on the Short Environmental
Assessment Form dated April 8, 1998, and be it further
RESOLVED, that this Common Council, as lead agency, hereby does determine that
the proposed action at issue will not have a significant effect on the environment, and
that further environmental review is unnecessary, and be it further
RESOLVED, that this resolution shall constitute notice of this negative declaration, and
the City Clerk be, and hereby is, directed to file a copy of the same, together with the
attachment, in the City Clerk’s Office and forward the same to any other parties as
required by law.
Carried Unanimously
August 5, 1998
17
19.7 An Ordinance Amending Chapter 290 entitled “Subdivision of Land” of the
City of Ithaca Municipal Code
By Alderperson Blumenthal: Seconded by Alderperson Farrell
ORDINANCE 98-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New
York, as follows:
Section 1. The City of Ithaca Municipal Code, Chapter 290 entitled “Subdivision of
Land” is hereby amended as follows:
ARTICLE I. General Provisions
290-1. Definitions
As used in this chapter, unless the context or subject matter requires otherwise, the
following terms shall have the meanings indicated:
[A.] BOARD -- The Planning and Development Board of the City of Ithaca, New
York.
[B.] ENGINEER -- The City Engineer of the City of Ithaca, New York, unless
otherwise specified.
[C.] INFRASTRUCTURE -- Improvements to the land to be subdivided that are
necessary to provide the basis for final development and operation of the
subdivision considered as a whole. Such improvements include but are not
limited to streets, sidewalks, gutters and curbs, water mains, storm and
sanitary sewer mains, drainage ways, street lighting facilities and other public
and private utility structures and facilities and may include amenity features,
such as street trees within street rights-of-way. Improvements to individual
parcels in a subdivision are not considered "infrastructure" for the purpose of
this chapter. [Added 5-3-1989 by Ord. No. 89-8]
[D.] LOT LINE ADJUSTMENT -- Any conveyance of real property between
adjacent landowners which does not result in additional buildable lot(s) nor
creates a zoning deficiency in either lot. A lot line adjustment is not
considered a subdivision for purposes of this Chapter.
[E.] MINOR SUBDIVISION B Any subdivision of land resulting in creation of a
maximum of one (1) additional buildable lot.
[F.] MAJOR SUBDIVISION -- Any subdivision of land resulting in creation of two
(2) or more additional buildable lots.
[G.] MASTER PLAN, GENERAL PLAN or GENERAL COMMUNITY PLAN –
A comprehensive plan prepared by or under the authority of the Planning and
Development Board, pursuant to Section 28-a of the General City Law, showing
the general locations recommended for various classes of public works,
structures, streets and open places and for the general physical development of
the city, and includes any unit or part of such plan separately adopted and any
amendment to such plan or parts thereof.
[H.] OFFICIAL MAP -- The map established by action of the Common Council
under the authority of Sections 26 and 29 of the General City Law, showing the
streets, other trafficway and parks or other public spaces laid out, adopted and
established by law and adopted by the Common Council or additions thereto
resulting from the approval of subdivisions plats by the Planning and
Development Board and the subsequent filing of such approved plats.
[I.] SUBDIVIDER -- The owner of the parcel seeking subdivision approval.
[J.] SUBDIVISION -- The division of a parcel of land into two (2) or more lots or
parcels for the purpose of sale or for building development or, if one (1) or
more new streets are involved, any division of a parcel of land, provided that
August 5, 1998
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a division of land for agricultural purposes into lots or parcels of five (5) acres
or more and not involving a new street shall not be deemed a "subdivision."
The term includes resubdivision and may refer either to the process of
subdividing or to the land subdivided. Subdivision does not include lot line
adjustments as defined in this Chapter.
[K.] SUBDIVISION PLAT -- The map or chart that is presented to the Planning
and Development Board for approval and which, if approved, will be
submitted to the County Clerk for recording.
[L.] PLAT -- A map, drawing or chart on which the subdivider's plan of subdivision
is presented to the Planning and Development Board.
[M.] PRELIMINARY PLAT -- The general plan of a subdivision, either designated
as such at the election of the subdivider or deemed preliminary by the
Planning Board as a result of conditional approval of a subdivision plat.
[N.] STREET -- A way for vehicular traffic or a public thoroughfare, recognized or
intended to be recognized as such by the Board of Public Works of the city.
(1) PUBLIC STREET -- One owned and maintained by the city.
(2) PRIVATE STREET -- One privately owned and which may be privately
maintained.
(3) MAJOR STREET, ARTERIAL STREET or ARTERIAL HIGHWAY -- One
carrying or designed to carry fast or heavy traffic or a recognized part of
a through route.
(4) COLLECTOR STREET or FEEDER STREET -- One which carries traffic
from minor to major streets, or vice versa, including the principal
entrance streets of a residential development and streets for circulation
within such development.
(5) MINOR STREET -- One used primarily for access to the abutting
properties.
(6) MARGINAL ACCESS STREET -- A minor street parallel and adjacent to
an arterial street or highway, providing access to abutting properties and
protection from through traffic.
(7) ALLEY -- A minor way used primarily for vehicular service to the back or
side of properties otherwise abutting on a street.
(8) DEAD-END STREET, CUL-DE-SAC or LOOP STREET -- A trafficway
which serves only properties bordering it and connects only with the
street where it originates.
290-2. Variances and modifications.
A. Grounds generally. In cases where the Planning and Development Board
finds that strict compliance with these regulations would involve unnecessary
hardship or practical difficulties not caused by the subdivider, the Board may
vary the regulations so that substantial justice may be done and the public
interest secured, provided that no variance may be granted which will have
the effect of nullifying the purpose and intent of the General Master Plan or of
these regulations.
B. Major developments. The standards and requirements of these regulations
may be modified by the Planning and Development Board in the case of a
more-comprehensive development than an ordinary subdivision, e.g., one
creating a complete neighborhood unit in which, in the judgment of the
Planning and Development Board, adequate public spaces and provision for
circulation, recreation, light, air and service needs of the tract, when
developed and used, will be the case and in which also protective covenants,
August 5, 1998
19
agreements or other provisions will assure substantial achievement of the
objectives of these regulations.
C. Purpose. In granting variances and modifications, the Planning and
Development Board may require such conditions as will, in its judgment,
secure the substantial achievement of any standards or requirements so
modified.
290-3. Approval and compliance required for sale of property.
A. Whenever any lot line is proposed to be adjusted between adjacent
landowners and before any sale of property for such lot line adjustment, the owner or
the owner’s agent shall apply, in writing, to the Building Commissioner for approval of
the lot line adjustment. [See Section 325-15E.] See Article II.
B. Whenever any land is proposed to be subdivided and before any sale of
property in such subdivision or an offer to sell the same or any part thereof as
subdivided property, the owner or the owner's agent shall apply, in writing, to the
Planning and Development Board for approval of such subdivision, conforming to the
provisions of Articles II and III of this chapter.
290-4. Environmental review.
A. The issuance of certificates of lot line adjustments pursuant to Article II are
ministerial acts for purposes of environmental review.
B. Unless otherwise specified by the Common Council, the Planning and
Development Board shall be the lead agency in all necessary environmental review
of any proposed subdivision, in accordance with state environmental quality review
regulations and the City Environmental Quality Review Ordinance, as provided
under this Code. No application for preliminary approval of a subdivision plat shall
be considered complete in the absence of a negative declaration or notice of
completed DEIS (General City Law Section 32).
290-5. Authorization of Building Commissioner and Planning and Development
Board.
A. The Planning and Development Board shall have the authority to implement
the provisions of this chapter pertaining to subdivisions and Article IV of
Chapter 325, Zoning, of the City of Ithaca Municipal Code.
B. The Building Commissioner shall have the authority to implement the
provisions of this chapter pertaining to lot line adjustments.
ARTICLE II: LOT LINE ADJUSTMENTS
290-6 Lot Line Adjustment Procedures
A. Applications for lot line adjustments shall be made in writing to the
Building Commissioner, and shall consist of the following documentation:
1. Map. A survey map prepared by a licensed engineer or surveyor which
indicates the existing lot lines as well as the proposed adjusted lot line on
a scale no smaller than 1 inch equaling 100 feet.
2. Copies of the deeds to the properties in their current configuration, and a
proposed deed for the parcel to be conveyed as a result of the lot line
adjustment. A metes and bounds description of the properties in their
present configuration and the proposed new configuration.
August 5, 1998
20
3. Fee. The lot line adjustment application fee in accordance with Section
290-15.
B. The Building Commissioner shall review the application to ensure that the lot line
adjustment will not result in violation of any city codes.
C. The Building Commissioner shall have thirty (30) days from the date he receives the
application to approve or deny an application for a lot line adjustment. If the application
is approved, the Building Commissioner shall issue a certificate of lot line adjustment,
which shall be filed in the Tompkins County Clerk concurrently with the deed effecting
the lot line adjustment.
ARTICLE III. Plat Approval Procedure
290-7. General procedure. Subdividers shall comply with the procedure set out herein:
A. Subdivision plat. The subdivider shall file a subdivision plat with the Planning
and Development Board. If the Planning and Development Board determines
that the application is for a lot line adjustment, the Board shall refer the
application to the Building Commissioner to be dealt with in accordance with
Article II, and shall inform the owner or the owner’s agent of the Board’s
action.
B. The subdivision plat shall include a certificate from a licensed engineer or
licensed surveyor. This shall be accompanied by an affidavit outlining the
extent of the development work which the subdivider is prepared to
undertake or for which he/she is to be financially responsible and outlining
the extent of city participation which he/she is requesting. This affidavit shall
also indicate the subdivider's willingness and ability to deed the street rights-
of-way to the city when required.
C. Proposed grades and locations. Prior to preparation of the subdivision plat,
the owner or the owner’s agent shall submit the proposed street grades,
locations and grades for sanitary sewers, storm sewers, and monuments to
the City Engineer for a determination of compliance with city requirements for
these matters.
D. Initial submission of plats.
(1) If the subdivision is a minor subdivision, the owner shall submit the
information required in '' 290-12 and 290-13 for final plats.
(2) If the subdivision is a major subdivision, the owner shall submit the
information required in Sections 290-10 and 290-11 for preliminary plats.
(3) If the owner submits a subdivision plat for approval and the Board
renders a preliminary approval, then the subdivision plat is deemed to be
a preliminary plat and the owner must submit a final plat satisfying the
Board’s conditions.
E. Board of Public Works. The Board shall submit those matters within the
Board of Public Works’ jurisdiction to the Board of Public Works for approval.
F. Approval. The owner shall obtain approval of both the Planning and
Development Board and the Board of Public Works, as required in
Subsection E, of both the plan and the extent of city participation in the
development.
G. Rights-of-way. The subdivider shall have all street right-of-way lines or
property corners either temporarily or permanently marked, as specified by
the Planning or Development Board.
H. Deed and map. The subdivider shall present a deed and a map for the
streets to the Common Council for acceptance by the city.
290-8. Conformance required.
August 5, 1998
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The layouts, topographic map, details and required data and all procedure
relating thereto shall comply with the provisions of Sections 32 and 33 of the General
City Law and with this chapter.
290-9. Preliminary Approval.
A. If the subdivision plat is for a major subdivision, then the subdivider shall
apply for preliminary approval. If the subdivision plat is for a minor
subdivision, then the subdivider shall comply with Section 290-12A (1).
B. Required documents and information. For preliminary approval, the
subdivider shall submit to the Planning and Development Board, in triplicate,
all the documents and information called for in Section 290-11. All the
information presented shall be as accurate and up-to-date as possible, and
all drawings or other graphic material shall be of a kind and quality approved
by the Planning and Development Board. The Planning and Development
Board shall then study the preliminary plat and proposed street design in
connection with the topography of the land and the requirements of the
Zoning Ordinance and of the Master Plan and the Official Map, insofar as
they exist and apply, and shall take into consideration the general needs of
the community and the best uses of the land to be subdivided. Particular
attention shall be given to the matters enumerated in Section 33 of the
General City Law and to specific requirements for parks, playgrounds, school
and other building sites, adequacy of the street layout and general suitability
of the development.
C. Public notice.
(1) By mail. At least ten (10) days before the first meeting of the Planning
and Development Board at which either a determination of significance
of environmental effect of a proposed subdivision or preliminary
approval of a proposed subdivision, whichever occurs first, is to be
considered, the subdivider shall provide the Board with certification that
notice of the proposed action has been mailed to the record owners of all
properties within two hundred (200) feet of the parcel(s) to be
subdivided. Such notice shall be in a form approved by the Board, briefly
stating essential facts about the proposal and informing recipients of the
date, time and place of the meeting and the place where further
information about the proposal and the review process may be obtained.
(2) By posting. At least ten (10) and not more than twenty (20) days before
the first meeting of the Planning and Development Board at which either
a determination of significance of environmental effect of a proposed
subdivision or conditional approval of a proposed subdivision, whichever
is applicable, is to be considered, the subdivider shall post a sign at the
center of each of the property lines of the property to be subdivided
which fronts on a public or private roadway to inform the public of the
proposed subdivision. Such signs shall be continuously maintained and
displayed facing the roadway until final action has been taken by the
Board to approve or deny the subdivision. The required signs shall be
obtained from the Department of Planning and Development, and a non-
refundable fee shall be paid for each sign or replacement obtained. At
the time such signs are obtained, the subdivider or subdivider's
representative shall indicate, in writing, the date on which the signs are
to be erected.
(3) By newspaper. The hearing on the preliminary plat shall be advertised at
least once in a newspaper of general circulation in the city at least five
(5) days before the hearing if no hearing is held on the draft
environmental impact statement or fourteen (14) days before a hearing
held jointly therewith. The Board may provide that the hearing be further
advertised in such a manner as it deems most appropriate for full public
August 5, 1998
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consideration of the preliminary plat. The hearing on the plat shall be
closed upon motion of the Board within one hundred twenty days (120)
after it has been opened.(General City Law Section 32(5)(d)(2)(ii).)
D. Public Hearings. The time within which the Board shall hold a public
hearing on the plat shall be coordinated with any hearings the Board may
schedule pursuant to the SEQR or CEQR as follows:
(1) If the Board determines that the preparation of an environmental
impact statement on the preliminary plat is not required, the public
hearing shall be held within sixty-two (62) days after the receipt of a
complete preliminary plat by the clerk of the Board; or
(2) If the Board determines that an environmental impact statement is
required, and a public hearing on the draft environmental impact
statement is held, the public hearing on the preliminary plat and the
DEIS shall be held jointly within sixty-two (62) days after the filing of
the notice of completion of the DEIS in accordance with the
provisions of the SEQR. If no public hearing is held on the DEIS,
the public hearing on the preliminary draft shall be held within sixty-
two (62) days of filing the notice of completion. (General City Law
Section 32(5)(d)(j).)
E. Conference with subdivider. The preliminary conclusions reached by the
Planning and Development Board, together with any recommended
revisions, shall be discussed with the subdivider or authorized
representative at a regular meeting of the Board not less than ten (10)
days nor more than six (6) weeks after receipt by the Board of a complete
application for subdivision approval, including a preliminary plat with
required accompanying data and a final lead agency determination as to
the significance of any effect which the proposed subdivision will or may
have on the environment. No approval action will be taken in the absence
of such discussion.
F. Findings of Planning and Development Board; effect of approval. Within
thirty (30) days after this discussion, the Planning and Development Board
shall submit its findings, in writing, to the subdivider, citing the specific
changes it will require in the preliminary plat, or, if approved, shall endorse
such approval thereon as conditional approval. The action of the Planning
and Development Board shall be noted on two (2) copies of the plat and
supporting documents, one (1) copy being returned to the subdivider and one
(1) retained by the Planning and Development Board. Conditional approval of
a preliminary plat shall not constitute final approval of the final plat but merely
tentative approval of the general layout submitted on the preliminary plat as a
guide to the preparation of the final plat, which shall be submitted later to the
Planning and Development Board for approval and for recording upon
fulfillment of the requirements of these regulations and the conditions, if any,
of the preliminary approval.
290-10. Minimum preliminary information.
The preliminary information referred to in Section 290-10 shall consist of the
following as a minimum requirement:
A. Generally: basic information describing the property to be subdivided, the
nature and purpose of the subdivision, its relationship to and potential effects
on the neighborhood in which it is located and other data serving to explain
the extent, character and intent of the proposal. Such information shall be
supplied in a form approved by the Planning and Development Board and
shall be submitted, together with the required application fee, at least ten (10)
days before the date of any regular meeting of the Board at which the
application is to be considered for conditional approval. [Added 2-3-1988 by
Ord. No. 88-1]
August 5, 1998
23
B. Plat. The plat shall be an original drawing or a good print of the same, with a
scale not smaller than one (1) inch equals one hundred (100) feet, showing
or accompanied by the following information:
(1) Topography. The topography of any but substantially level areas, using
contour intervals not greater than five (5) feet, shall be included, at the
same scale as the plat if on a separate drawing.
(2) Identification. The proposed name or identifying title of the subdivision, a
key map or diagram identifying the location, title data giving all essential
information, the name and address of the record owner, the subdivider
and the designer of preliminary studies and the identification of adjacent
subdivisions, with appropriate data on the same, shall be set out.
(3) Property lines and markers. The location of property lines and markers,
existing easements, watercourses and other natural features and
buildings and the location and sizes of any existing sewers, waterlines,
drains and culverts on the land to be subdivided shall be set out.
(4) Existing streets and similar data. The location, names and widths of
existing and proposed streets, easements, alleys, building setback lines,
parks or other reservations and similar data on adjacent property which
might conceivably affect the design of subject property shall be included.
(5) Land to be dedicated. All land proposed to be dedicated to public use,
with conditions stated, shall be set out.
(6) Trafficways and cross sections. The width, location, approximate grades
and profiles of all proposed trafficways and, where appropriate, typical
cross sections of the entire subdivision shall be included.
(7) Water and sewers. The connections and general arrangement of
proposed water- and sewer lines, subject to the advice of the City
Engineer, and the general arrangement of proposed storm sewer lines
shall be set forth.
(8) Bridges and culverts. The location and a general description of proposed
bridges and culverts shall be indicated.
(9) Lot lines. Proposed lot lines with approximate dimensions shall be set
out.
C. Description and survey. A deed description of the subject property, with a
certified survey, shall be included.
D. Contiguous land. Where the owner of a proposed subdivision also owns
contiguous land subject to later subdivision, a sketch of the same shall be
included for consideration with studies of the subject property.
E. Environmental data. The applicant shall submit all documents and
information necessary for a full environmental review of the proposed
subdivision by the lead agency. [Added 2-3-1988 by Ord. No. 88-1]
290-11. Final approval.
A. Documents to be submitted.
(1) If the plat is for a minor subdivision, the subdivision plat carries a
presumption that it is final and not preliminary. The subdivider shall
submit to the Planning and Development Board, in triplicate, all
documents and information required in Section 290-13. All the
information presented shall be as accurate and up-to-date as possible,
and all drawings or other presentation material shall be of a kind and
quality approved by the Planning and Development Board; or
(2) If the plat is for a major subdivision, the final plat shall conform
substantially to the preliminary plat, as approved, and, if desired by the
August 5, 1998
24
subdivider, it may constitute only that portion of the preliminary plat
approved by the Planning and Development Board which the subdivider
proposes to record and develop at the time; provided, however, that such
portion conforms to all the requirements of these regulations. For final
approval, the subdivider shall submit to the Planning and Development
Board, in triplicate, all the documents and information called for in
Section 290-13. All the information presented shall be as accurate and
up-to-date as possible, and all drawings or other presentation material
shall be of a kind and quality approved by the Planning and Development
Board.
B. Public Notice. Subdividers seeking approval of minor subdivisions shall
comply with the public notice requirements of Section 290-9C.
C. Time for submission. Application for approval of the final plat shall be
submitted to the Planning and Development Board, in writing, at least ten
(10) days prior to the meeting at which it is to be considered; and this
application and the required plat and documents shall be submitted to the
Planning and Development Board within six (6) months after approval of the
preliminary plat; otherwise such approval shall become null and void, unless
an extension of time shall have been applied for and granted by the Planning
and Development Board.
D. Formal hearings; findings. Before the Planning and Development Board acts
on the final plat and related matters, it shall hold a formal hearing thereon, in
accordance with Section 32 of the General City Law. There presence of the
subdivider or authorized representative at such hearing is recommended to
facilitate resolution of any issues raised that may affect the Board's decision.
(1) If the Board determines that the preparation of an environmental
impact statement on the plat is not required, the Planning and
Development Board shall by resolution, within sixty-two (62) days of
the date of public hearing, approve, modify and approve, or
disapprove such plat. (General City Law Section 32 (6)(d)(2).)
Such approval shall, however, not be deemed final until the
subdivider has complied with the provisions of Section 290-14 and
such requirements as are prescribed by the Board of Public Works
relative to the improvement of new streets and has offered the
streets to the Common Council for dedication.
(2) If the Board determines that an environmental impact statement is
required, and a public hearing is held on the DEIS, the final
environmental impact statement shall be filed within forty-five (45)
days following the close of such public hearing in accordance with
the provisions of the SEQR and CEQR. If no public hearing is held
on the DEIS, the FEIS shall be filed within forty-five (45) days
following the close of the public hearing on the final plat. Within
thirty (30) days of the filing of the FEIS, the planning board shall
issue findings on such FEIS and shall by resolution conditionally
approve, with or without modification, disapprove, or grant final
approval and authorize the signing of the plat.(General City Law
Section 32(6)(d)(3).) Such approval shall, however, not be deemed
final until the subdivider has complied with the provisions of Section
290-14 and such requirements as are prescribed by the Board of
Public Works relative to the improvement of new streets and has
offered the streets to the Common Council for dedication.
[Amended 2-3-1988 by Ord. No. 88-1]
August 5, 1998
25
290-12. Final subdivision plat.
A. Generally. The final set of documents and related information on a
subdivision shall embrace all the information required for the preliminary set,
with additions as noted below, and all in a more permanent form and shall
include working drawings and specifications, as compared with material in
sketch form earlier submitted.
B. Drawings. Drawings of plat, topography, if on separate sheets, profiles and
other essential details shall be drawn, according to generally accepted
standards of good draftsmanship, in ink on tracing cloth to be filed with the
Planning and Development Board.
C. Contents of drawings. The final drawings shall show the exact boundaries of
the property, a graphic scale and a true North point. The tops of all drawings
shall be north or approximate north. The plat shall show all street lines,
easements, reservations, pedestrian ways and areas to be dedicated to
public use. Sufficient data shall be given, acceptable to the City Engineer, to
clearly establish the location, bearing and length of every street line, lot line
and other line pertinent to the subdivision. Radii, arcs and central angles of
all curves shall be given. Dimensions relating to streets or other public places
shall be given in feet and decimals; other dimensions may be in either feet
and decimals or feet and inches.
D. Location references; numbering of lots. All location references shall be tied to
reference points established by the City Engineer or other public authority.
Permanent reference monuments shall be clearly noted on the plat and
properly set on the land, as directed by the City Engineer. When reference is
made to the state system of plane coordinates, it shall also conform to the
requirements of the State Department of Transportation. All lots shall be
numbered and their corners and angle points permanently marked in a
manner satisfactory to the Planning and Development Board.
E. Deeds of conveyance; reservation agreements. For all spaces dedicated to
public use, deeds of conveyance shall be included; for spaces reserved,
copies of proposed agreements shall be submitted showing the manner in
which such areas are intended to be owned and maintained and provision
made therefor. These documents shall have the certified approval of the City
Attorney for the Planning and Development Board's records.
F. Numbering blocks, lots and streets; street names. Block, lot and street
numbering shall follow the prevailing city practice. No street names shall be
proposed which may duplicate or be confused with the names of existing
streets, and all shall be subject to approval by the Planning and Development
Board.
290-13. Conditions prerequisite to approval.
A. Completion of improvements; bond. The subdivider shall complete, in
accordance with the Planning and Development Board's requirements and to
the satisfaction of the City Engineer and of any other official or body
authorized by law to act, all the street and sanitary improvements specified in
Section 33 of the General City Law and not specifically waived by the
Planning and Development Board or by the Board of Public Works or,
alternatively, shall file with the proper official or body a performance bond,
complying with the requirements of Section 33 of the General City Law and
satisfactory to the City Attorney, for the completion of such improvements as
are not constructed and approved by the City Engineer, or other official or
body authorized by law to act, prior to the approval of the plat.
B. Approval of sanitary provisions. A prerequisite of final approval shall be the
approval of all sanitary provisions by the state and/or county department
having jurisdiction over the same.
August 5, 1998
26
C. Certificates. The Planning and Development Board shall require a certificate
from the City Engineer or other duly designated official as to the satisfactory
completion of improvements ordered and from the City Attorney as to the
adequacy of any proffered bond and offers of conveyance.
D. Offers of conveyance. The subdivider shall tender offers of conveyance, in a
form approved as above, of all land included in trafficways or public spaces
not specifically reserved by him/her; but approval of the plat by the Planning
and Development Board shall not constitute acceptance by the city of the
dedication of any street or other trafficway or of any public open space.
290-14. Certification and filing.
After the completion of the details prescribed herein to the satisfaction and approval of
the Planning and Development Board, the Chairperson and Secretary of the Planning
and Development Board shall certify such approval, together with the date of the same,
upon the final plat; and within ninety (90) days thereafter, the subdivider shall file the
plat with the County Clerk; otherwise such approval shall expire, as provided in Section
32 of the General City Law.
290-15. Fees.
A. Application fee. In order to defray the costs of subdivision application
processing and review by city staff and agencies, an initial application fee will
be charged according to the following schedule:
Lot Line Adjustment $ 50
Subdivision Size Fee
(# lots)
Fewer than 3 $100.00
3 to 10 $500.00
More than 10 $500.00, plus $50.00 for each
additional lot over 10
Sign fee. A fee shall be charged for each sign obtained from the Department
of Planning and Development for public notice of the proposed subdivision
required in accordance with Section 290-9C above, which fee shall reflect
the city's cost for the sign.
C. Payment of fees. Payment for application and sign fees shall be by check,
payable to the City of Ithaca.
ARTICLE IV, Design Standards
290-16. Compliance required.
The subdivider shall observe the general requirements and design standards for land
subdivision set out in this Article.
290-17. Conformity to Official Map and Master Plan required.
In general, the proposed subdivision shall conform to the Official Map and to the Master
Plan, insofar as such exist.
290-18. Street design.
A. Street layout. The street layout in the subdivision shall, where appropriate,
provide for the continuation or projection of existing principal streets in
neighboring areas or shall conform to a plan for the neighborhood
approved or adopted by the Planning and Development Board to meet a
particular situation where topographical or other conditions make
continuance impracticable. Minor streets shall be so laid out that their use
by through traffic will be discouraged.
August 5, 1998
27
B. Street widths. Street widths shall, in general, be as noted on the Master
Plan, where such information exists. Otherwise the following schedule
shall govern, provided that where topographical conditions make such
widths impracticable, each case may be separately considered on its
merits:
(1) Arterial streets: not less than eighty (80) feet wide.
(2) Other major streets, including collector or feeder streets: sixty (60)
feet.
(3) Minor streets: fifty (50) feet.
(4) Dead-end or cul-de-sac streets: fifty (50) feet wide on approach,
diameter of turn around at least one hundred (100) feet for right-of-
way and at least eighty (80) feet for outer curb. Where topography
makes this impracticable, a corresponding back-around provision
may be made, suitable for all predictable traffic use. The overall
length of any dead-end street shall be not more than five hundred
(500) feet.
C. Extensions of existing streets. Where existing streets are continued, such
extensions shall be accomplished without offsets, abrupt curves or
objectionable changes in gradient.
D. Street jogs. Street jogs shall have center-line offsets of at least one
hundred twenty-five (125) feet.
E. Reverse curves. Reverse curves in major streets shall be connected by
tangents at least one hundred (100) feet long.
F. Deflection of street lines; connection. Street lines within a block deflecting
from each other at any point more than ten degrees (10°) shall be
connected by a curve, the radius of which for the inner street lines shall be
not less than three hundred fifty (350) feet on main thoroughfares or
collector or feeder streets, two hundred fifty (250) feet on minor streets
with natural grades nowhere greater than six percent (6%) and one
hundred (100) feet on local streets. The outer street line in each case shall
be parallel to such inner street line.
G. Street intersections.
(1) Generally. Streets shall be so laid out as to intersect as nearly as
possible at right angles, and no two (2) streets shall intersect at an
angle sharper than sixty degrees (60°). Property lines at street
intersections shall be rounded with a radius of at least twenty (20)
feet, or comparable chords may be used.
(2) Required sight distance. Intersections shall be so planned and
graded that a clear view exists across the corner property from a
vehicle seventy-five (75) feet from the center of the intersection on
one street to another vehicle the same distance from the
intersection on the other street and one hundred (100) feet in the
case of a major street. A corresponding sight distance shall be
observed on curves on all major streets, and up to this sight line of
the subdivider shall permit no obstruction to view.
H. Street grades. Street grades shall, in general, be not more than six
percent (6%) in the case of major or through streets or ten percent (10%)
in the case of minor or local streets, and no street shall have a longitudinal
grade of less than five-tenths percent (0.5%). Where exceptional
topographic conditions prevail, all these standards shall be subject to
special study and recommendation by the Planning and Development
Board.
August 5, 1998
28
I. Street cross sections. In relatively flat natural slopes, the average cross
section of the right-of-way shall be symmetrical. On steeper grades, the
paved strip and the respective sidewalks and planting strips shall be so
planned, as far as practicable and consistent with the longitudinal design,
as to harmonize with the natural slope of the land and to minimize the
required cut and fill.
J. Separation of through and local traffic. Where a subdivision abuts or
contains an existing or proposed arterial street, the Planning and
Development Board may require marginal access streets or such other
treatment as may be necessary for adequate protection of residential
properties and to afford separation of through and local traffic.
K. Railroad rights-of-way. Where a subdivision borders on or contains a
railroad right-of-way, the Planning and Development Board shall take
comparable precautions, and any streets parallel to the railroad shall be
laid out at suitable distance therefrom to accommodate suitable approach
grades and future grade separations.
290-19. Block design.
A. Lengths. Block lengths shall not, in general, exceed one thousand two
hundred (1,200) feet and, when longer than eight hundred (800) feet, shall
be divided across the block by an approved pedestrian way at least ten
(10) feet wide.
B. Widths. Block widths shall, in general, provide for two (2) lots back-to-back
and shall, in the case of two-faced blocks, be not less than two hundred
(200) feet, in addition to any alleys or public utility easements provided
through the interior. Single-faced blocks shall be not less than one
hundred (100) feet wide, in addition to the alley or easement strip.
C. Interior spaces and narrow trafficway. Irregularly-shaped blocks indented
by cul-de-sac streets and those written and recorded containing private
parks or other open spaces shall be covered by agreements as to
ownership and maintenance of such interior spaces. This shall also apply
to any trafficway allowed for any reason but too narrow to be acceptable
as city streets.
290-20. Lot design.
A. Size, shape, orientation and setback. Lot size, shape and orientation and
the minimum setback allowance for buildings shall be appropriate for the
location of the subdivision and for the type of development and use
intended. Lot dimensions shall, as a minimum, conform to appropriate
requirements of the Zoning Ordinance. In case of commercial use, ample
provisions shall be allowed for future off-street parking and loading
facilities. In the case of corner lots for residential use, account shall be
taken of the necessary setbacks on both streets or the corresponding
sight distance requirement for traffic safety.
B. Reverse-frontage lots. In the case of reverse-frontage lots, a planting
screen easement of at least ten (10) feet shall be provided, across which
there shall be no right of access.
290-21. Utility easements.
So far as practicable or as required by law, provision shall be made for interior services
requiring rights-of-way for any necessary utilities to be placed underground.
August 5, 1998
29
290-22. Loading space.
Paved rear service streets not less than twenty (20) feet wide or, in lieu thereof,
adequate off-street loading space suitably surfaced shall be provided in connection with
all lots designed for commercial use.
290-23. Arrangement of large parcels.
In case a tract is divided into larger parcels than ordinary building lots, such parcels
shall be so arranged as to allow the opening of future streets and reasonable further
subdivision.
290-24. Park, open space and recreation areas. [Amended 11-1-1989 by Ord. No.
89-15]
A. The plat shall show all areas proposed to be set aside for park, open
space or recreation areas. The plat shall show the size, character and
location of such park, open space or recreation areas, including features
such as trees, rock outcrops, streams or ponds.
B. The Planning and Development Board may require that up to ten percent
(10%) of the gross area of the proposed plat be reserved for park, open
space or recreation purposes. The Board shall approve the size, shape
and location of all areas proposed to be reserved for park, open space or
recreation purposes.
C. Payment in lieu of area.
(1) If the Board determines that a suitable park, open space or
recreation area of adequate size cannot be properly located in any
such plat or is otherwise not desirable, the Board may then require
as a condition of approval of the plat a payment to the City of Ithaca
as follows:
(a) In the R-1 and R-2 Zones, one thousand dollars ($1,000.)
per building lot within the subdivision.
(b) In the R-3, C-SU and B Zones, one thousand dollars
($1,000.) per three thousand (3,000) square feet of land area
within the subdivision.
(c) In the R-U Zone, one thousand dollars ($1,000.) per ten
thousand (10,000) square feet of land area within the
subdivision.
(2) Such payment shall be paid to the City of Ithaca at the time of final
plat approval, and no plat shall be signed by the authorized officer
of the Board until such payment is made. All such payments shall
be held by the City of Ithaca in a dedicated Park, Open Space and
Recreation Area Improvement Fund and shall be used only for the
following purposes:
(a) The acquisition of land that is suitable for a permanent public
park, open space or recreation area that is so located that it
will serve primarily the general neighborhood in which the
plat is located.
(b) The improvement of a public park, open space or recreation
areas which serve primarily the general neighborhood in
which the plat is located, provided that the need for such
improvements is established by the Planning and
Development Board or by the Board of Public Works.
August 5, 1998
30
D. The Planning and Development Board shall waive the requirement that
either park- open space or recreation land be reserved or that a payment
be made to the City of Ithaca if either of the following conditions exists:
(1) The subdivision of land does not create additional building lots
which meet the applicable area and lot width requirements
contained in the City of Ithaca's Zoning Ordinance, (e.g., boundary
line adjustments); or
(2) In the R-1, R-2 or R-3 Zones, the parcel of land to be subdivided is
divided into not more than two (2) building lots, provided that such
waiver shall not be applied to the same parcel of land or subdivided
parts thereof more than one (1) time in any ten-year period.
290-25. Reserve strips.
In general, no reserve strips controlling access to land dedicated or to be dedicated to
public use shall be permitted.
290-26. Uninhabitable land.
Land subject to flooding or otherwise deemed by the Planning and Development Board
to be uninhabitable shall not be platted for residential occupancy nor for any other use
such as may increase danger to health, life or property or aggravate the hazard or
difficulty inherent in the property.
290-27. Requirements for streets and infrastructure.
A. Any streets and utility infrastructure necessary to the proper service and
function of the property subdivided shall be provided at the subdivider's
expense before final approval of the subdivision becomes effective. If such
improvements are not complete, provision for completion shall be made by
means of a performance bond, as further specified under Section 290-14
below. Staged or phased development of a subdivision may be undertaken in
this manner, with the required infrastructure for each section covered by a
performance bond acceptable to the Board.
B. Any streets or infrastructure provided by the subdivider shall conform to the
following requirements, and in the event that such improvements are to be
offered to the city for dedication, they shall so conform before they may be
accepted.
(1) Street network and block size. All regulations of this chapter pertaining to
block length and width, dead-end streets, grades and lines shall have
been complied with, unless otherwise in compliance with the City Master
Plan or Official Map, if any.
(2) Trees and shrubs. Clearing and grubbing of trees and brush shall be
done for the full width of the right-of-way of each new street, unless
otherwise specified by the Board.
(3) Grades and grading.
(a) Grades proposed for the streets, surface drainageways and all water
and sewer mains must be approved by the City Engineer before any
street development is begun. Cross sections through street rights-of-
way shall be such that sidewalks can be constructed in the same
general plane as the street pavement. Any deviation in the above
due to special conditions must have prior approval from the City
Engineer.
(b) In rough grading the right-of-way for a new street, the subdivider
shall be responsible for the proper disposition of any rock excavated
or of any excess soil or other material. The subdivider shall also be
responsible for providing for any additional fill needed to meet the
approved grades for streets and sidewalks.
August 5, 1998
31
(4) Storm drainage.
(a) Any swales, ditches or channels within street or rights-of-way must
be approved by the City Engineer with respect to capacity and
construction design, including connecting with storm sewers, and
their construction shall be coordinated with the construction of any
streets or other vehicular or pedestrian accessways serving the
subdivision and shall have been completed before any subdivision
streets may be accepted by the city.
(b) Necessary storm sewers of capacity and construction design
approved by the City Engineer shall have been completed in
conjunction with construction of any new streets.
(c) Storm drainage facilities provided in accordance with this section
shall be designed to accommodate surface runoff from adjoining
undeveloped property uphill; and where storm drainage from the
subdivision will discharge into natural or artificial surface
drainageways, the subdivider shall ensure that such discharge will
not occur at a greater rate than would occur under the most severe
conditions if the subdivision site were undeveloped.
(5) Sanitary sewers. In accordance with city specifications, sanitary sewers
of adequate capacity to serve the subdivision and adjacent areas shall
have been installed, connecting to existing city mains. Plans for such
sanitary sewers must have received the approval of the Board of Public
Works and of the Tompkins County Department of Health before sewer
installation.
(6) Curbs and gutters. Curbs and gutters constructed in accordance with city
specifications shall be required to serve all or any portion of any street in
the subdivision, unless an alternate design is approved by the Planning
and Development Board and the Board of Public Works.
(7) Sidewalks. Construction of sidewalks serving all streets in the
subdivision shall be required, unless that requirement is waived by the
Planning and Development Board and the Board of Public Works. Any
such sidewalks shall conform to city specifications.
(8) Trees. The Planning and Development Board may require the planting of
trees within the space between the pavement and the edge of the right-
of-way of any new subdivision, street or portion thereof. The tree
species, size, spacing and method and location of planting shall be as
directed or approved by the Board in consultation with the City Forester
and shall conform to the guidelines and specifications of the city's Tree
Ordinance, if any. Appropriate guaranties for tree health may be
required. If appropriate, existing trees may be utilized. [Amended 12-5-
1990 by Ord. No. 90-17]
(9) Street monuments. Street monuments shall be placed at such block
corners, angle points, points of curvature in the streets and such
intermediate points as may be necessary to furnish a complete,
permanent marking of the bounds of the proposed streets. The street
monuments shall be of such material, size and length as may be fixed by
the city as a standard or as approved by the City Engineer.
(10) Evidence of title; maps. For any subdivision street or other area that is
offered to the city for dedication, the subdivider shall furnish an abstract
of title or other evidence satisfactory to the City Attorney and shall also
furnish an acceptable map on recordable Mylar, or other material
acceptable for record, showing the boundaries of the property offered
and describing them by dimension, bearings and other data necessary to
provide a complete, permanent record of the rights-of-way and street
monuments.
August 5, 1998
32
(11) Water mains. Water mains of capacity adequate to serve the entire
subdivision and adjacent areas where appropriate and required by the
Board upon the advice of the City Engineer, shall be installed in
accordance with city specifications. When a subdivision is opened and
developed in sections, the Board may decide not to require installation of
mains in a section until it is to be opened.
(12) Street grading. Final grading of the full street width to the approved
grades shall be completed, including provision of any fill needed, which
shall be of a type and quality acceptable to the City Engineer. The
developer shall also be responsible for removal of any dirt in excess of
that needed and for its disposition in accordance with applicable
regulations.
(13) Gravel roadway. A compacted gravel roadway of a finished depth and
width suitable to carry the anticipated type and volume of traffic, as
approved by the City Engineer, shall be provided by the subdivider.
(14) Street paving. Paving of the street to city standards, including base and
wearing courses of material approved by the City Engineer, shall be
provided by the subdivider. Such street shall be designed and built to
carry the anticipated type and volume of traffic, as approved by the
Engineer.
(15) Curb cuts and driveway aprons. Curb cuts and driveway aprons installed
by the subdivider in conjunction with the initial development of a
subdivision shall conform to city standards, shall be approved by the City
Engineer as to location and width and shall further conform to the
specifications of Section 325-20 of Chapter 325, Zoning, of the City
Code.
(16) Fire hydrants. Fire hydrants of a type acceptable to the Department of
Public Works and the Ithaca Fire Department shall be installed at
locations specified by the Department of Public Works in consultation
with the Fire Department and connected to water mains by piping
adequate to carry the volume of water required to serve the hydrants.
(17) Manholes, control valves, inlets, culverts and utility structures in streets.
All manholes, control valves, inlets, culverts and utility structures
required for access to and control and operation of utilities and services
installed or required to be installed by or for the subdivider in conjunction
with the initial development of a subdivision, or any section thereof, shall
conform to city standards or to the standards of the provider of the utility
or service, as applicable, and shall be approved by the City Engineer.
The installation of such structures, controls, etc., shall be coordinated
with the construction of subdivision streets at all stages and shall be
completed before the street may be accepted by the city.
(18) Storm drainage connections to streams. The connection of any storm
drain, ditch or swale that is constructed by the subdivider, emptying into
a stream or watercourse, shall be made in accordance with city
standards or as approved by the City Engineer and with applicable state
requirements. Such storm drainage connection shall be completed
before the beginning of any development of any lot in any section of the
subdivision which would be served by the drain, ditch or swale.
(19) Underground electric transmission and distribution facilities and other
utilities. If primary facilities for underground electric service or other
utilities within the subdivision, whether required by state law, by the
Board or otherwise provided by the subdivider, are to be installed before
subdivision streets are offered to the city, the subdivider shall be
responsible for assuring that such installation does not impair or damage
any other subdivision infrastructure. In the event that such installation
August 5, 1998
33
does impair or damage other infrastructure, the subdivider shall be
responsible for correcting the impairment or repairing any damage to
meet applicable city standards and the approval of the City Engineer.
(20) Retaining walls, etc. The design, construction material and details of any
retaining wall or other special engineering feature which is to be located
in or directly adjoining any street or pedestrian right-of-way within the
subdivision must be approved by the City Engineer prior to construction
of the feature.
(21) Street lighting. The developer shall provide street lighting as required by
the Board of Public Works or shall provide such ducts or other
infrastructure as the Board of Public Works shall determine will facilitate
later installation of lighting facilities.
290-28. Services supplied by city.
A. Provided that all requirements for subdivision infrastructure specified in
Section 290-3 above, together with any additional requirements specified by
the Board, have been satisfactorily met by the subdivider, the provisions of
this section shall apply.
B. The city may, at its discretion and subject to approval by the Board of Public
Works, provide the following additional improvements, if not required of the
subdivider:
(1) Street trees. Planting of suitable street trees, as determined by the city,
shall follow development of the individual lots.
(2) Sidewalks, curbs and gutters. Sidewalks, curbs and gutters may be
obtained from the city by a petition of the owners of the abutting lots and
by specific authority of the Board of Public Works. A special assessment
for the construction of sidewalks, curbs and gutters shall be levied
against the abutting properties in accord with Sections C-73B and C-89
of the City Charter.
(3) Streetlights. Adequate streetlighting may be provided when it is evident
that building construction in the subdivision warrants streetlighting.
Section 2. Effective Date.
This ordinance shall take effect immediately in accordance with law upon publication of
a notice as provided in the Ithaca City Charter.
Carried Unanimously
19.8 An Ordinance Amending Zoning Ordinance Sections 325-3 and 325-41 of the
City of Ithaca Municipal Code, regarding the Review of Certain Awning and
Canopy Encroachments by the Design Review Board – Lead Agency Status and
Declaration of No Significant Environmental Impact
By Alderperson Blumenthal: Seconded by Alderperson Farrell
WHEREAS, An ordinance amending Zoning Ordinance Sections 325-3, entitled
“Definitions and Word Usage,” and 325-41, entitled “Design Review,” of Chapter 325 of
the City of Ithaca Municipal Code, regarding the Review of Certain Awning and Canopy
Encroachments by the Design Review Board, has been submitted to Common Council
for consideration, and
WHEREAS, the proposed action is an "unlisted" action under the State Environmental
Quality Review Act and is a Type I action under the City Environmental Quality Review
Ordinance, and
WHEREAS, appropriate environmental review has been conducted, and
August 5, 1998
34
WHEREAS, it appears that the proposed action will not have a significant effect on the
environment; now, therefore, be it
RESOLVED, That Common Council of the City of Ithaca declares itself to be lead
agency in this matter, and
RESOLVED, That Common Council of the City of Ithaca as lead agency in this matter,
hereby adopts as its own the findings and conclusions more fully set forth on the Short
Environmental Assessment Form dated July 1, 1998, and be it further
RESOLVED, That Common Council of the City of Ithaca as lead agency, hereby does
determine that the proposed action at issue will not have a significant effect on the
environment, and that further environmental review is unnecessary under the
circumstances, and be it further
RESOLVED, That this resolution shall constitute notice of this negative declaration and
the City Clerk be and she is hereby directed to file a copy of the same, together with the
attachment, in the City Clerk's Office and forward the same to any other parties as
required by law.
Carried Unanimously
19.9 An Ordinance Amending Zoning Ordinance Section 325-3 and 325-41 of the
city of Ithaca Municipal Code, regarding the Review of Certain Awning and
Canopy Encroachments by the Design Review Board
By Alderperson Blumenthal: Seconded by Alderperson Farrell
ORDINANCE 98- ____
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New
York, as follow:
Section 1. Section 325-3 of the City of Ithaca Municipal Code shall be amended by
including new definitions as follows:
1) Standard Canopy - A non structural addition to the facade of any building which is
covered in fabric or other flexible membrane. The fabric or membrane is supported by a
rigid frame of tubing or other non-combustible material. A standard canopy is one that is
constructed so that it cannot be retracted. Such standard canopy may only project from
the face of the structure upon which it is mounted four (4) feet from the face of the
structure and be no taller than four (4) feet. The standard canopy must be mounted on
the face of the structure to provide for an unobstructed clearance below the rigid frame
of the standard canopy of eight (8) feet above the sidewalk below. A non-rigid valance
may hang no greater than one foot below the rigid frame.
2) Standard Awning – A non structural addition to the façade of any building which is
covered in fabric or other flexible membrane. The fabric or membrane is supported by a
rigid frame of tubing or other non-combustible material. A standard awning must be
capable of being rolled up or retracted to within one (1) foot of the face of the structure
to which it is attached. Such standard awning must not be capable of projecting from
the face of the structure upon which it is mounted more than four (4) feet from the face
of the structure and be no taller than four (4) feet. The standard awning must be
mounted on the face of the structure to provide for an unobstructed clearance below the
rigid frame of the standard awning of seven (7) feet above the sidewalk below. A non-
rigid valance may hang no greater than one foot below the rigid frame.
Section 2. Section 325-41.D.(6). Shall be added to the City of Ithaca Municipal Code to
read as follows:
August 5, 1998
35
325-41.D.(6). However, Design Review Board review is not required for any action that
consists solely of the installation of a standard canopy or a standard awning.
Section 3. Effective Date.
This Ordinance shall take effect immediately in accordance with law upon publication of
a notice as provided in the Ithaca City Charter.
Carried Unanimously
19.10 An Ordinance Amending Section A352-1 and A352-3.B.(3) of the Appendix
to the City of Ithaca Municipal Code Entitled “Commons Operations Manual”,
regarding the Review of Certain Awning and Canopy Encroachments
By Alderperson Blumenthal: Seconded by Alderperson Manos
Ordinance 98-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Section A352-1 of the Appendix to the City of Ithaca Municipal Code shall be
amended by including new definitions as follows:
Standard Canopy – A non structural addition to the façade of any building which
is covered in fabric or other flexible membrane. The fabric or membrane is
supported by a rigid frame of tubing or other non-combustible material. A
standard canopy is one that is constructed so that it cannot be retracted. Such
standard canopy may only project from the face of the structure upon which it is
mounted four (4) feet from the face of the structure and be no taller than four (4)
feet. The standard canopy must be mounted on the face of the structure to
provide for an unobstructed clearance below the rigid frame of the standard
canopy of eight (8) feet above the sidewalk below. A non-rigid valance may hang
no greater than one foot below the rigid frame.
Standard Awning – A non structural addition to the façade of any building which
is covered in fabric or other flexible membrane. The fabric or membrane is
supported by a rigid frame of tubing or other non-combustible material. A
standard awning must be capable of being rolled up or retracted to within one (1)
foot of the face of the structure to which it is attached. Such standard awning
must not be capable of projecting from the face of the structure upon which it is
mounted more than four (4) feet from the face of the structure and be no taller
than four (4) feet. The standard awning must be mounted on the face of the
structure to provide for an unobstructed clearance below the rigid frame of the
standard awning of seven (7) feet above the sidewalk below. A non-rigid valance
may hang no greater than one foot below the rigid frame.
Section 2. Section A352-3.B.(3). Of the Appendix to the City of Ithaca Municipal Code
shall be amended to read as follows:
§ A352-3.B.(3). Public and private construction, renovation and rehabilitation of
building facades and open spaces (parking areas, entries, etc.) except for the
installation of a standard awning or a standard canopy and demolition in the Tax
Benefit District. Review shall be in terms of aesthetic character, visual effect and
operational impact, provided that such review and advice shall not be required when the
construction, renovation and rehabilitation applies to a marquee, canopy or sunscreen
where the approval for such marquee, canopy or sunscreen has been granted by the
Planning and Development Board or the Ithaca Landmarks Preservation Commission
pursuant to Chapter 170, Encroachments.
August 5, 1998
36
Section 3. Effective Date.
This Ordinance shall take effect immediately in accordance with law upon publication of
a notice as provided in the Ithaca City Charter.
Carried Unanimously
19.11 An Ordinance Amending Sections 228-3 and 228-4 of the Landmarks
Preservation Chapter of the City of Ithaca Municipal Code, regarding the Review
of Certain Awning and Canopy Encroachments
This item was withdrawn from the agenda.
19.12 An Ordinance Amending Section 170-1, 170-4, 170-7 and
170-9 of the Encroachments Chapter of the City of Ithaca Municipal Code,
regarding the Review of Certain Awning and Canopy Encroachments
By Alderperson Blumenthal: Seconded by Alderperson Vaughan
Ordinance 98-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Section 170-1 of the City of Ithaca Municipal Code shall be amended by
including new definitions as follows:
1) Standard Canopy - A non structural addition to the facade of any building which is
covered in fabric or other flexible membrane. The fabric or membrane is supported by a
rigid frame of tubing or other non-combustible material. A standard canopy is one that is
constructed so that it cannot be retracted. Such standard canopy may only project from
the face of the structure upon which it is mounted four (4) feet from the face of the
structure and be no taller than four (4) feet. The standard canopy must be mounted on
the face of the structure to provide for an unobstructed clearance below the rigid frame
of the standard canopy of eight (8) feet above the sidewalk below. A non-rigid valance
may hang no greater than one foot below the rigid frame.
2) Standard Awning - A non structural addition to the facade of any building which is
covered in fabric or other flexible membrane. The fabric or membrane is supported by a
rigid frame of tubing or other non-combustible material. A standard awning must be
capable of being rolled up or retracted to within one (1) foot of the face of the structure
to which it is attached. Such standard awning must not be capable of projecting from
the face of the structure upon which it is mounted more than four (4) feet from the face
of the structure and be no taller than four (4) feet. The standard awning must be
mounted on the face of the structure to provide for an unobstructed clearance below the
rigid frame of the standard awning of seven (7) feet above the sidewalk below. A non-
rigid valance may hang no greater than one foot below the rigid frame.
Section 2. Section 170-4 of the City of Ithaca Municipal Code shall be amended to read
as follows:
§ 170-4. Issuance and limitations of permit.
A. Encroachment permits shall be issued by the Building Commissioner upon
application by the owner or tenant. Such permits shall specify the name of the person to
whom issued, the location of the premises and the encroachments included in the
permit. Additional encroachments may be endorsed upon such permits and shall not be
permitted until so endorsed. Each permit shall cover only one (1) building or lot. Permits
issued to owners may include all encroachments on or connected with the premises;
permits issued to tenants shall include only encroachments maintained or controlled by
such tenant.
August 5, 1998
37
B. A condition of any permit granted by the Building Commissioner shall be that, upon
removal of an encroachment, any damage caused by the installation shall be repaired
to restore the building’s façade to its original and or historic condition.
C. The city specifically reserves the right to revoke any encroachment permit if the
conditions warrant. Sufficient reasons to revoke a permit include but are not limited to:
insufficient maintenance to render the encroachment unsafe, changes in the use of
streets or sidewalks such that have rendered the encroachment a public nuisance. The
building commissioner shall notice the owner of the encroachment of the decision to
revoke the encroachment permit and shall fix a reasonable time to remove the
encroachment appropriate to the reason for the removal. Any person aggrieved by a
decision of the building commissioner must file an appeal with the Planning and
Development Board, as in section 170-9.B.(2) of this chapter, within 15 days of the
receipt of the removal notice. The revocation notice of the building commissioner shall
include notification to the encroachment owner of the right to appeal and the time
limitation for commencing an appeal.
Section 3. Sections 170-7 and 170-9.A. shall be amended to read as follows:
§ 170-7. Awnings.
No person shall place or maintain any awning over any sidewalk unless the same shall
be supported by metal rods and a frame. Every part of such awning and of the supports
therefor shall be at least seven (7) feet above the sidewalk except for a non-rigid
valance hanging no greater than one foot below the rigid frame. The installation
of a standard awning shall not require the review of any other city agency other
than the Building Commissioner, except, for installations normally within the
purview of the Ithaca Landmarks Preservation Commission. However,
encroachments permits for tax parcels 70.-5-1, 70.-2-22, and encroachments that
project beyond the line established by the Pedestals that project from the
building at tax parcel 70.-4-5.1 running easterly along the face of the building at
tax parcel 70.-4-5.1 and continuing past tax parcel 70.-4-4 to the intersection of
South Aurora Street shall be reviewed by the Fire Chief.
§ 170-9. Marquees and[,] canopies [and sunscreens].
A. Location and installation specifications. Marquees, solid canopies or sunscreens
with a structural metal framework may be placed over the entrances and fronts of
stores, theaters and hotels and may extend to within eighteen (18) inches of the curb
only on streets where the sidewalk occupies the entire space from the building line to
the curb. The top, front and sides of such structures may incorporate wire glass,
shatterproof glass or other safe transparent or translucent material intended to admit
light to the sidewalk below or to allow illumination of any sign attached to or behind the
front or sides of the marquee. The lowest edge of any marquee, canopy or sunscreen
shall not be less than nine and one-half (9 1/2) feet above the sidewalk, provided that
the lowest edge of any portion of any marquee or[,] canopy [or sunscreen] that is
located within four (4) feet of the building shall not be less than eight (8) feet above the
sidewalk. Such structures must be securely fastened to the building, supported as to
outward projection by means of the rods or chains securely fastened both to the
structure of the marquee or[,] canopy [or sunscreen] and to the structure of the building
above it. Ornamental iron or steel brackets may also be included in the design of such
marquees and may extend down on the wall of the building to a point not less than eight
(8) feet above the sidewalk at the wall of the building. Electric lights may be used in the
illumination of marquees. The installation of a standard canopy shall not require the
review of any other city agency other than the Building Commissioner, except, for
installations normally within the purview of the Ithaca Landmarks Preservation
Commission. 70.-5-1, 70.-2-22, and encroachments that project beyond the line
established by the pedestals that project from the building at tax parcel 70.-4-5.1
running easterly along the face of the building at tax parcel 70.-4-5.1 continuing
August 5, 1998
38
past tax parcel 70.-4-4 to the intersection of South Aurora Street shall be reviewed
by the Fire Chief.
Section 4. Effective Date.
This Ordinance shall take effect immediately in accordance with law upon publication of
a notice as provided in the Ithaca City Charter.
Carried Unanimously
19.13 An Ordinance Amending Zoning Ordinance Section 325-3 and 325-32 of the
City of Ithaca Municipal code, regarding the Definition of Dwelling Owner-
Occupied – Lead Agency Status and Declaration of No Significant Environmental
Impact
By Alderperson Blumenthal: Seconded by Alderperson Vaughan
WHEREAS, An ordinance amending Zoning Ordinance Section 325-3, entitled
“Definitions and Word Usage,” of the City of Ithaca Municipal Code, regarding the
Definition of Dwelling Owner-Occupied, of Chapter 325 has been submitted to Common
Council for consideration, and
WHEREAS, the proposed action is an "unlisted" action under the State Environmental
Quality Review Act and is a Type I action under the City Environmental Quality Review
Ordinance, and
WHEREAS, appropriate environmental review has been conducted, and
WHEREAS, it appears that the proposed action will not have a significant effect on the
environment; now, therefore, be it
RESOLVED, That Common Council of the City of Ithaca declares itself to be lead
agency in this matter, and
RESOLVED, That Common Council of the City of Ithaca as lead agency in this matter,
hereby adopts as its own the findings and conclusions more fully set forth on the Short
Environmental Assessment Form dated July 31, 1998, and be it further
RESOLVED, That Common Council of the City of Ithaca as lead agency, hereby does
determine that the proposed action at issue will not have a significant effect on the
environment, and that further environmental review is unnecessary under the
circumstances, and be it further
RESOLVED, That this resolution shall constitute notice of this negative declaration and
the City Clerk be and she is hereby directed to file a copy of the same, together with the
attachment, in the City Clerk’s Office and forward the same to any other parties as
required by law.
Carried Unanimously
19.14 An Ordinance Amending Chapter 325 entitled “Zoning” of the City of Ithaca
Municipal Code
By Alderperson Blumenthal: Seconded by Alderperson Vaughan
Ordinance 98 –
BE IT ORDAINED AND ENACTED by the Common Council of City of Ithaca, New
York, as follows:
SECTION 1: That the definition of “DWELLING, OWNER-OCCUPIED” contained in
section 325-3 entitled “definitions and word usage” of Chapter 325 entitled “zoning” of
the City of Ithaca Municipal Cod shall be deleted.
August 5, 1998
39
SECTION 2: That the following definition shall be added to section 325-3:
“OWNER: In instances where owner-occupancy is required, “owner” shall be
defined as follows: A person who maintains his/her principal residence in property
for more than six months of [the] each calendar year and who is:
a. The sole owner of record of the property, as reflected in a deed recorded
in the Tompkins County Clerk’s Office; or
b. A tenant by the entirety or joint tenant with right of survivorship, as
reflected in a deed recorded in the Tompkins County Clerk’s Office, or
c. A tenant in common of at least a 50% interest in the property, as reflected
in a deed recorded in the Tompkins County Clerk’s Office, provided that such
interest was acquired:
i. For full market value, paid to the grantor; or
ii. By descent or devise following the death of the former owner.
SECTION 3: This ordinance shall take effect immediately and in accordance with
law upon publication of a notice as provided in the Ithaca City Charter.
Alderperson Vaughan stated that this legislation is very important for preserving certain
neighborhood characteristics. She thanked the Planning Committee and the Building
Department for their work on this issue.
Alderperson Blumenthal thanked the City Attorney’s office for their work on the
Ordinance.
A vote on the Ordinance resulted as follows:
Carried Unanimously
19.15 Brownfields Economic Development Initiative (BEDI)/ Authorization to
Submit Grant Application
By Alderperson Blumenthal: Seconded by Alderperson Hershey
WHEREAS, Common Council recognizes the need to support programs to stimulate
and promote economic and community development activities including activities to
address and remedy brownfield site conditions and foster redevelopment of those sites,
and
WHEREAS, the U.S. Department of Housing and Urban Development (HUD), through
the April 30, 1998 SuperNOFA, has made available approximately $25 million for
Brownfields Economic Development Initiative (BEDI) grants under Section 108(q) of the
Housing and Community Development Act of 1974, as amended, to be used with a
particular emphasis upon the redevelopment of brownfield sites, and
WHEREAS, BEDI funds are to be used as the stimulus for local governments and
private sector parties to commence redevelopment or continue phased redevelopment
efforts on brownfield sites where contamination is known and redevelopment plans
exist, and
WHEREAS, the City of Ithaca’s March 4, 1997 Canal Corridor Initiative (CCI) application
to HUD was approved and included a project by Marina Realty of Ithaca (MRI) to
construct a 200-seat restaurant, renovate the 47-slip boat storage facility, and house the
Community Fly Fisher program on a 2.4 acre site currently occupied by a financially
distressed boat center on Inlet Island, and
WHEREAS, under terms of the CCI approval, the City of Ithaca is subsequently to
submit an individual Section 108 Loan Guarantee application to HUD to provide a
market-rate loan to the MRI, and
August 5, 1998
40
WHEREAS, MRI’s original purchase agreement to purchase the project site was
contingent upon completion of environmental remediation of the site to the satisfaction
of the NYS Department of Environmental Conservation (DEC),
WHEREAS, after sixteen months of investigation and remediation efforts, data indicates
that contaminated soils are present over a 14,000 square foot area on the site,
WHEREAS, the estimated $250,000 cost to remediate the remaining contaminated soils
on the site constitute a substantial unforeseen cost to redevelop this crucial Inlet Island
site thereby jeopardizing the feasibility of the project,
WHEREAS, if approved, BEDI funds will be provided to MRI for the purpose of
addressing remediation costs as part of an economic development activity expected to
provide 100 permanent and part-time jobs, and
WHEREAS, each BEDI application must be accompanied by a request for Section 108
funds to be used in conjunction with the same economic development project, such
application to be submitted within 60 days of a notice of BEDI selection, with BEDI
awards conditioned on approval of the actual Section 108 commitments; now, therefore,
be it
RESOLVED, That the Common Council hereby directs and authorizes the staff to
prepare and submit a Brownfields Economic Development Initiative (BEDI) grant
application for the purposes of addressing environmental remediation costs at the site of
MRI’s economic development project on Inlet Island and included in the City’s Canal
Corridor Initiative program, and be it further
RESOLVED, That the Mayor is authorized to execute any and all documents necessary
to submit the FY 1998 BEDI application, and, be it further
RESOLVED, That Common Council authorizes and directs the IURA to implement all
BEDI activities in accordance with HUD regulations at 24 CFR 570.
Extensive discussion followed on the floor regarding grant criteria and clean up cost
estimates. A vote on the Resolution resulted as follows:
Carried Unanimously
19.16 Executive Session – Possible Acquisition of Real Property
By Alderperson Manos: Seconded by Alderperson Marcham
RESOLVED, That Common Council adjourn into Executive Session to discuss possible
acquisition of real property.
Carried Unanimously
Reconvene
Common Council reconvened into regular session with no formal action taken.
19.17 Acceptance of an Assignment of the Purchase and Sale Agreement for 435
Taughannock Blvd. in the Event the BEDI Grant Application is Denied
By Alderperson Blumenthal: Seconded by Alderperson Vaughan
Whereas, Common Council recognizes the need to support programs to stimulate and
promote economic and community development activities including activities to address
and remedy brownfield site conditions and foster redevelopment of those sites, and
WHEREAS, the City will apply for a Brownfields Economic Development Initiative
(BEDI) grants under Section 108(q) of the Housing and Community Development Act of
1974, as amended, to be used with a particular emphasis upon the redevelopment of
brownfield sites, and
August 5, 1998
41
WHEREAS, the outcome of the BEDI grant application will not be known for several
months, and
WHEREAS, if the BEDI grant application is not approved, Marina Realty of Ithaca, LLC
will not be able to proceed with its plans for development of its project to be funded by
Canal Corridor Initiative funds, and
WHEREAS, the City may succeed in reprogramming the Canal Corridor Initiative funds,
and
WHEREAS, the City is eligible for a Brownfields grant for environmental clean-up and
remediation of the Inlet Island area, which grant can only be applied for by a
municipality; now, therefore, be it
RESOLVED, That in the event the BEDI grant application is denied, the City of Ithaca
agrees to accept an assignment from Marina Realty of Ithaca, LLC (MRI) of the real
estate purchase and sale agreement between MRI and Peter H. and Jane C. DeGraff
dated August 5, 1998, and the Ithaca, Boating Center, Inc. (IBC). The assignment shall
include all assumptions of rights and obligations of MRI contained in the agreement,
including the obligation to indemnify IBC and Peter H. and Jane C. DeGraff, as set forth
in the agreement, and, be it further
RESOLVED, That the agreement between the City of Ithaca shall include an
indemnification of MRI and its members, and, be it further
RESOLVED, That the City of Ithaca agrees to reimburse MRI in an amount not to
exceed $20,000.00 for expenses it incurred to improve the property from the date of
taking possession of the property to the date of assignment, and, be it further
RESOLVED, That the assignment of the agreement is contingent upon MRI granting to
the City of Ithaca an easement for a waterfront promenade along the Flood Control
Channel. The easement shall be not exceed forty (40) feet in width, and, be it further
RESOLVED, That City staff is instructed to draft the necessary documents for the
Mayor's signature to give effect to this resolution.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 10:15 P.M.
________________________ _______________________
Julie Conley Holcomb, CMC Alan J. Cohen,
City Clerk Mayor