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HomeMy WebLinkAbout01-14-15 Planning and Economic Development Committee Meeting AgendaPEDC Meeting  Planning and Economic Development Committee  Ithaca Common Council        DATE: January 14, 2015  TIME: 6pm  LOCATION: 3rd floor  City Hall Council Chambers       AGENDA ITEMS  Item Voting  Item?  Presenter(s) Time  Start  1) Call to Order/Agenda Review    2) Special Order of Business   a) Public Hearing – RU Zoning Changes (Cornell  Heights)    3) Public Comment and Response from Committee  Members    4) Announcements, Updates, and Reports  a) Brindley Street Bridge Replacement    5) Action items – Approval to Circulate   a) Commons Legislation     6) Action items – Voting to Send on to Council  a) RU Zoning Changes (Cornell Heights)  b) Noise Ordinance Reform     7) Discussion  a) Community Investment Incentive Tax  Abatement Program (CIITAP)    8) Review and Approval of Minutes  a) November 2014 (sent separately)    9) Adjournment  No      Yes      No        No      Yes      Yes  Yes        No      Yes    Yes        Seph Murtagh, Chair                          Various Staff      Jennifer Kusznir, Planning Staff   Seph Murtagh, Chair        JoAnn Cornish, Planning Director  6:00      6:05      6:25        7:00      7:05      7:30  8:00        8:30      9:00    9:05              If you have a disability and require accommodations in order to fully participate, please contact the City Clerk at 274‐6570 by 12:00  noon on Tuesday, January 13, 2015.   CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850‐6590 OFFICE OF THE CITY CLERK Telephone: 607-274-6570 Department of- Public Information & Technology Julie Conley Holcomb, City Clerk Fax: 607-274-6432 CONCEPT MEMO To: Planning & Economic Development Committee From: Julie Conley Holcomb, City Clerk Date: January 7, 2015 Subject: Revisions to Chapter 157 of the City of Ithaca Municipal Code entitled “Commons”. History: The original Commons legislation was adopted as an appendix to the City Code in 1975 as the “Commons Operations Manual and Vending Cart Regulations”. As such, it was ‘intended to be a guideline, not a law; it should be changed as necessary to respond to experience, current needs and attitudes.” It became difficult to enforce these “guidelines” over the years as societal behaviors started to change and there was no legislation that could be cited by enforcement officials. In 2005, Chapter 157 entitled “Commons” was enacted for the purpose of providing a law that could be enforced when needed so that Commons could be enjoyed for its many purposes. In 2015, the newly renovated Commons will once again be fully available to its many users and the Commons Advisory Board along with members of City staff thought this would be a great opportunity to update the legislation to reflect the infrastructure changes and the significant investment that has been made in the community. Intent: This memo is intended to highlight any significant changes proposed in the legislation and to explain the rationale behind it. § 157-4. Creation of Board; responsibilities: The Commons Advisory Board acknowledges that a membership of 14 members is too difficult to maintain. They are proposing that the total membership be reduced to 9 members: 6 members to be appointed by the Mayor with approval of Common Council (with a balance of people from within the business district and outside of it) and 3 voting ex-officio members – the Director of the Downtown Ithaca Alliance, the City Clerk, the Superintendent of Public Works or their designees. § 157-7. General Commons rules; signs, displays and temporary planters. (2) Noise Permits: The Commons Advisory Board would like to legislation what current practice is. Weekday use of amplified sound is restricted to the lunch hour (11 am – 2 pm) and after 5:00 pm so that business can be conducted comfortably within the buildings in close proximity to the performance stage. For every hour of music, performers must schedule 20 minutes of quiet time to give businesses and residents a brief reprieve from the sound. Special events that have been permitted by the city’s Special Event Team are exempt from this provision. (3) Requests for multiple events in a calendar year. This provision is intended to prevent people from monopolizing the performance stage, especially since we’re down to one. It also prevents people from reserving the pavilion and not using it, doing so to prevent other people congregating there. § 157-9. Vehicles on the Commons The Commons Advisory Board and the City Clerk’s Office would like to establish hours that vehicles can be on the Commons without having permits issued to them. We recognize that many businesses and renters need to have vehicles on the Commons; however, we’re seeking to balance that need with pedestrian safety concerns and not allow the Commons to become a parking lot or an active street after regular business hours. We also are concerned about vehicle weights and the strength of the paving surface. § 157-12. Dogs and Other Animals The Commons Advisory Board is in favor of allowing dogs that are licensed, adequately restrained, and under the control of its owner, on the Commons. Currently, the only dogs that are allowed on the Commons are dogs that belong to people who work or live on the Commons. The dog owners are required to get a special permit that allows them to walk the dogs on the Commons directly to their place of business/residence using the closest entrance to the Commons. Historically, allowing dogs on the Commons has been a controversial issue that seems to be evenly split among those in favor and those opposed. Many people do not realize that dogs are not allowed on the Commons and leave the area once they are made aware. Many merchants view this as lost revenue generating opportunities. Other people do not support dogs on the Commons because of aggressive dog concerns, and irresponsible owners not cleaning up after their dogs. In the past, the DIA has offered to provide doggie stations. The language used in this section was copied from another chapter in the City Code. § 157-13. Posting of bills and notices This section acknowledges the new information kiosks that will be installed near the main entrances to the Commons. These kiosks will be maintained by the DIA. 2 3 § 157-14. Newsracks The Commons will have new newsracks that allow for multiple publications within one structure. The Commons Advisory Board will approve a policy for the use of the newsracks (i.e. if there is greater demand than supply, how the choices between publications will be made) and the DIA will administer the placement and maintenance of the newsracks. § 157-15. Refuse This language reflects the current practice put into place during the Commons construction. The system appears to be working very well and the Commons Advisory Board would like to see it continue. § 157-20. Street Performers The city and Commons merchants have long held a love/hate relationship with street performers. While they add a level of vibrancy to downtown, not all performers are equally talented and constitute a nuisance. We’ve had several negative experiences with performers and have not had legislation in place to address them. The Commons Advisory Board considers the opportunity to perform on the Commons a privilege, and would like to set expectations and requirements for people to follow. Article III. Outdoor Dining § 157-20. Applications; rules of operation; permits; appeals. Overall the city’s outdoor dining program is very successful. One consistent issue we have each year is the creep that occurs with tables and chairs on pedestrian walkways. In addition to marking outdoor dining spaces, we would like to require restaurants to post a certificate in their windows indicating that they have an outdoor dining permit. This certificate would also include a sketch of the number of tables and the placement of them that has been approved as part of the permit. Syracuse is currently using a system like this and it appears to assist enforcement officers when they get complaints from pedestrians. It makes the agreement made between the city and the restaurant completely transparent. Article IV. Mobile Vending: §157-21 Mobile Vending Cart Regulations: The Commons Advisory Board and members of city staff support new mobile cart regulations that would require vendors to have battery-operated, self-contained, wheeled carts. With the $15 million investment in downtown, we feel that it is important that vendors on the Commons have a professional business appearance. They are also designed to protect the surface of the Commons. These requirements were borrowed from Burlington, Vermont and customized for our pedestrian mall. If you have questions or would like further information regarding the Commons, please feel free to contact me at jholcomb@cityofithaca.org, (607) 274-6570; or Commons Advisory Board Chair Kris Lewis at kris@downtownithaca.com , (607) 277-8679. ORDINANCE NO. 2015- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 157 of the City of Ithaca Municipal Code entitled “Commons” be amended as follows: Section 1. Chapter 157 of the City of Ithaca Municipal Code shall hereby be repealed and replaced with the following: Article I. General Provisions; Commons Advisory Board § 157-1. Title. This chapter shall be known and may be cited as the "Ithaca Commons Rules." § 157-2. Purpose. The purpose of this chapter is to regulate the use and maintenance of the Ithaca Commons so as to promote the general welfare and public use of said area. § 157-3. Definitions. As used in this chapter, the following terms shall have the meanings indicated: COMMONS ADVISORY BOARD That board, duly appointed by the Mayor, with approval of the Common Council, charged with various activities and/or powers relating to the Ithaca Commons by the Common Council. ITHACA COMMONS A. The following described two areas: (1) PRIMARY COMMONS — That area of public property between the south building lines on the north side and the north building lines on the south side of the former bed and associated sidewalks of East State/East Martin Luther King, Jr. Street between the east line of Cayuga Street and the west line of Aurora Street and that area of public property between the west building lines on the east side and the east building lines on the west side of the former bed and associated sidewalks of North Tioga Street between the north line of East State Street/East Martin Luther King, Jr. and the south line of Seneca Street. (2) SECONDARY COMMONS — That area of public property between the south building lines on the north side and the north building lines on the south side of the 100 and 200 blocks of East Green Street, the 300 block of East State/East Martin Luther King, Jr. Street, the 100 block of West State/West Martin Luther King, Jr. Street and the 100 and 200 blocks of East Seneca Street and the public property between the east building lines on the west side and the west building lines on the east side of the 100 and 200 blocks of North Aurora Street, the 100 block of South Aurora Street, the 200 block of North Tioga Street, the 100 block of South Cayuga Street and the 100 block of North Cayuga Street. 2 B. Unless otherwise stated, "Ithaca Commons" or "Commons" shall mean both the Primary Commons and the Secondary Commons as described above. [ITHACA DOWNTOWN PARTNERSHIP] ITHACA DOWNTOWN BUSINESS IMPROVEMENT DISTRICT A not-for-profit business improvement league which engages in the following program areas for downtown Ithaca: business retention and development; promotions and marketing; government relations; image marketing. The Ithaca Downtown Business Improvement District is also known as the Downtown Ithaca Alliance (DIA). NEWSRACKS Any self-service or coin-operated box, container, storage unit or other dispenser installed, used, or maintained for the display, distribution or sale of newspapers, magazines, news periodicals, or other news publications. SHOPPING CARTS Any cart, basket, container or other device made of wire, metal, plastic or other material, mounted on wheels, manually operated that is generally provided by merchants/stores for the conveyance of merchandise, foodstuffs and other property to automobiles and other places. STANDARD AWNING A nonstructural 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 noncombustible material. A standard awning must be capable of being rolled up or retracted to within one 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 feet from the face of the structure and must be no taller than four 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 feet above the sidewalk below. A nonrigid valance may hang no greater than one foot below the rigid frame. STANDARD CANOPY A nonstructural 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 noncombustible 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 feet from the face of the structure and may be no taller than four 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 feet above the sidewalk below. A nonrigid valance may hang no greater than one foot below the rigid frame. 3 § 157-4. Creation of Board; responsibilities. A. There shall be a Commons Advisory Board as follows: (1) Membership. The membership of the Commons Advisory Board shall consist of 14 members: one representative from the Common Council, one representative from the Board of Public Works, four representatives from the Ithaca Downtown Business Improvement District and five representatives from outside the Ithaca Downtown Business Improvement District (at large). nine total members. Six members will be appointed by the Mayor with the approval of Common Council and membership shall be balanced between members inside and outside of the Downtown Ithaca Business Improvement District. The Executive Director of the [Ithaca Downtown Partnership] Downtown Ithaca Alliance, the City Clerk, and the Superintendent of Public Works or their designees shall serve as voting members. Board members will be appointed by the Mayor with Common Council approval for serve staggered two-year terms. (2) Officers. The Commons Advisory Board will have two officers a Chair and Vice Chair, to be elected at the first regular meeting of each calendar year at which there is a quorum present. Nominations for these offices will be made from the floor with election by a majority of those members present at the meeting. (3) Officers' duties. The Chair will preside at meetings and have such other appropriate duties as may be assigned by the Board. The Vice Chair shall assist the Chair and preside at meetings in the Chair's absence. If both the Chair and Vice Chair are absent, an acting Chair will be selected by the Board. (4) Quorum. A quorum will consist of eight five members. (5) Action. Action may be taken by vote with a quorum of eight five members present at a regular or special meeting. The Chair will be a voting member on all actions. Actions shall pass by vote of a majority of members present. (6) Meetings. Regular public meetings will be held with the place and time to be determined by the Board. Special meetings may be called at any time by the Chair or a majority of Board members. Members will be notified of scheduled meetings by e-mail at least three days in advance. (7) Review of Ithaca Commons rules. The provisions of this chapter will be reviewed periodically and a report thereof, including recommendations for modification, submitted to the Mayor and Council. B. The Commons Advisory Board shall have the following responsibilities: (1) Direct. The Commons Advisory Board shall have direct responsibility and the ability to delegate and revoke activities relating to the matters listed below: (a) Use of the Commons; issuance of permits. 4 [1] Use of the Commons for, and scheduling of, any of the following purposes: [a] Entertainment. [b] Cultural, social, civic, religious, and educational events. [c] Commercial sale of goods or products, solicitation, outdoor dining and use of mobile vending carts. [2] In circumstances when there is not adequate time to convene the Advisory Board to review a permit request, the Chair may, with the concurrence of five additional Board members through e-mail correspondence, authorize the issuance of a permit. The Board may authorize the Chair alone, or the City Clerk, to approve certain types of permits as specified. (b) Type, size and placement of private advertising and identification signs on the Commons in accordance with Chapter 272, Signs, provided that such review and approval or disapproval shall not be required when the private advertising and/or identification sign is in connection with a marquee, canopy or sunscreen when the permission for the marquee, canopy or sunscreen has been granted by the Planning and Development Board or the Ithaca Landmarks Preservation Commission pursuant to Chapter 170, Encroachments. (c) Design and placement of public identification, informational and directional signs and graphics on the Commons. (d) Design and placement of, and materials used in, street furniture, such as benches, outside dining facilities, trash containers, flags, kiosks, [phone booths], playground equipment, commemorative plaques, and similar items used on public property on the Commons. (e) Design, placement and use of decorations on the Commons. (f) Installation or use of public or private sound amplification and transmission systems or equipment on the Commons. (g) Other duties and responsibilities as may be assigned by the Mayor or Common Council and to make such other recommendations to the Mayor and Council and other public boards, officials, groups, or individuals as may be appropriate relative to the operation and administration of the Commons. (2) Indirect. The Commons Advisory Board will review and advise on those matters listed below: (a) Type, placement and amount of landscaping on the Commons. (b) Public lighting on the Commons. 5 (c) 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 on the Commons. 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. (d) Public maintenance and repair on the Commons. (e) Traffic movement, parking and delivery methods around the Primary and Secondary Commons. (f) General maintenance of order on the Commons. (g) Placement, size, and type of public artwork, in any form, on and around the Primary and Secondary Commons. Article II. Use of the Commons § 157-5. Commons permits. A. Permit classes. Commons use permits will be required for all events, activities, displays, exhibits, commercial sales and other uses of the Commons. Such use permits will be issued in accordance with the provisions of this section. General classes of permits that will be referred to the City Clerk or the Commons Advisory Board include: (1) Commons use permits, including pavilion reservations, special event permits, information table permits, merchant requests to display goods, and driving on the Commons. For information on Commons loading zones, see § 157-9H. (2) Use of amplified sound on the Commons including public address systems, bullhorns, sound amplifiers, and loud-natured acoustical musical instruments, such as horns, drums, and other percussion instruments. (3) Animals Licensed dogs are allowed on the Commons by permit[s,] only [including permits] for residents and businesses on the Commons, with written permission from the property owner. The permit allows the dog to be brought onto the Commons by the shortest and most direct path to and from the business or residence. It does not allow the dog to be on the Commons in any other way. The permit is valid for one year from the time of issuance, and must be carried with the dog’s owner at all times. (4) External speaker permits for businesses on the Commons which utilize external sound systems that project onto the Commons. 6 (5) Outdoor dining permits, including storefront dining permits for restaurants, and Commons space permits for use by the [Ithaca Downtown Partnership] Downtown Ithaca Alliance.. (6) Mobile vending agreements. including monthly, seasonal, and annual vending agreements. B. Permit issuance. (1) All requests for permits must be submitted to the City Clerk's office. The City Clerk may ask for additional information, and/ or request a personal appearance before the Commons Advisory Board to present the details of a permit application. (2) Review of permit requests shall include scheduling of specific time, [and] duration, and location of the proposed use or activity [, length of time that the permit is to be valid, and]. It may also include any special conditions or restrictions that should be placed on the permit. Permits will be approved by the City Clerk or his/her designee for a specific activity, specific date, specific time period, and specific location on the Commons. (3) The Commons Advisory Board shall serve as an appeals board for people whose permit applications have been denied or who feel that unreasonable restrictions have been placed upon their permit. (4) When a request is approved or conditionally approved by the Board, the issuance of a permit will be authorized subject to any conditions which have been imposed by the Board or which may be required by the City. Permits will be issued by the City Clerk or his/her designee. The applicant will be notified of the Board's decision within five business days after a decision has been rendered. (5) Any permit which has been reviewed and approved by either the City Clerk or the Commons Advisory Board may be revoked or amended if it is determined that the activity for which the permit was issued is not being carried out in a manner that meets the terms of the permit. (6) If a request for a permit is denied by the Board, the applicant will be informed of the reasons therefor in writing within five business days of the decision. (7) The City Clerk will be responsible for notifying appropriate City staff of permit issuance. (8) A record of all Board actions will be maintained pursuant to applicable laws. C. Report of permit activity. A report on requests for permits and approved activities scheduled will be made at the regular meeting of the Commons Advisory Board. 7 § 157-6. Responsibilities of permit holder. A. The responsibilities of the permit holder shall be: (1) To supervise all materials, displays, products, equipment, and volunteers. and any other material at all times. (2) To entirely remove or properly dispose of all material and equipment used in any activity at the end of the use time and to leave the Commons in the same or better condition than when the event began. See also § 157-18A. Maintenance Guidelines (3) To remove [or] and properly dispose of all litter and trash created by the permit holder's activity, use, or event. (4) To hold the City of Ithaca free and clear of any responsibility for any materials, products or equipment used in any activity or event on the Commons and for any damages, accidents or incidents which may occur in conjunction therewith. (5) To show proof, when required by the City Clerk, that liability insurance in an amount to be determined based on the nature of the event has been obtained, naming the City of Ithaca as an “Additional Insured” on the certificate. (6) To comply with all of the applicable conditions and guidelines as set forth by the Commons Advisory Board and the City of Ithaca. in issuing a permit (7) To provide a security deposit, when required by the Superintendent of Public Works, the Commons Advisory Board or the City Clerk, to cover anticipated cleaning and repair costs. (8) To show proof, when required, of various documents including a New York State sales tax certificate or Health Department certificate. B. A permit holder or vendor shall not discriminate against the people attending his or her event or patronizing his or her business because of actual or perceived: age, creed, color, disability, ethnicity, familial status, gender, height, immigration or citizenship status, marital status, national origin, race, religion, sexual orientation, socioeconomic status, or weight. § 157-7. General Commons rules; signs, displays and temporary planters. [Amended 4-5-2006 by Ord. No. 2006-10] A. The following rules apply to all uses and activities on the Commons: (1) The f[F]ire lane[s are] is to be kept open and free of any obstructions at all times. No exhibit or item will be permitted to locate in [a] the fire lane. (2) Permits for use will be valid for the assigned space between the hours of 8:00 a.m. and 10:00 p.m.[, and]. In scheduling events and activities on the Commons, consideration will be given to the people living and doing business on and around the 8 Commons. Amplified sound, is allowed on the Commons by permit only. On weekdays, amplified sound is allowed from 11:00 a.m. to 2:00 p.m.; and 5:00 p.m. to 10:00 p.m. On Saturday and Sunday, amplified sound is allowed from 10:00 a.m. to 10:00 p.m. Performers will be required to schedule 20 minutes of quiet time for every hour of amplified sound.[before 10:00 a.m. and may not extend beyond 10:00 p.m.] Requests to extend the hours of amplified sound may be made to the Commons Advisory Board. [without special permission by the Commons Advisory Board.] These regulations do not pertain to Special Events that are regulated under §132- 7 of the City of Ithaca Municipal Code. (3) No user will be permitted to reserve a location on the Commons for more than five events in any calendar year with the exception of the [Ithaca Downtown Partnership] Downtown Ithaca Alliance. A single event is defined as being limited to three consecutive days in duration. Applicants requesting events of a longer duration may be temporarily placed in mobile vending sites as available. Requests for multiple permitted events (3 or more) in a calendar year, by a single user requires approval by the Commons Advisory Board. Requests for weekly recurring events will be considered by the Commons Advisory Board for Mondays, Tuesdays, and Wednesdays. (4) Rain dates will not be scheduled at the time the original permit is issued but, in case of rain, every effort will be made to reschedule the event at the earliest appropriate time upon written request from the event organizer. Reapplication for a permit will not be required. (5) Disrupting the natural flow of pedestrian traffic or the ingress to or egress from storefronts and businesses shall be is prohibited. (6) No person shall litter, [or] throw, or scatter material of any kind on the Commons. (7) Sale of merchandise on the sidewalks or public thoroughfares on the Primary/Secondary Commons shall not be permitted without a vending agreement valid permit, except that the sale of event-specific items and items related to, and being sold by, a not-for-profit organization, or a business located on the Primary/Secondary Commons shall be allowed pursuant to approval and permit by the City Clerk and/or Commons Advisory Board. (8) Promotional, advertising, banners or other materials are not to be placed across the Commons or affixed to any pavilion[s] or other infrastructure, except in cases where a Commons use permit has been approved. (9) No person shall climb upon or permit minors in his/her custody to climb upon the fountain structure, any structure, public art piece, light poles, or trees, or into planters on the Commons. 9 (10) No items or animals shall be leashed, affixed or bound to any light poles, trees, planters, pavilions or other infrastructure on the Commons, except in cases where approval by the Department of Public Works or the City Clerk has been granted. (11) The Commons can be reserved for "Sidewalk Sale Days," at which time Commons merchants would be allowed to display and sell merchandise on the Ithaca Commons. [with a Commons use permit approved by the Commons Advisory Board.] (12) Aggressive solicitation is prohibited pursuant to Chapter 250 of the City of Ithaca Municipal Code. (13) Overnight sleeping on the Commons is prohibited except upon approval of a permit by the Commons Advisory Board. (14) Shopping Carts as defined in §157-3 above are not allowed on the Commons. B. Signs; merchandise displays; temporary planters. A business, organization, or establishment may have a signs and/or displays, to advertise the business in that location. Outdoor display of goods and merchandise are limited to the items sold within the retail establishment, subject to the following restrictions or privileges: (1) There may be only one a total of two freestanding signs or displays (not both) per business entrance, regardless of the number of businesses or organizations within the building. Where the word "sign" is used alone hereinafter, it refers to a sign or display. (2) For the Primary Commons, freestanding signs may be up to 48 inches tall. and must abut the building, extending only 24 inches into the sidewalk area or to the fire lane, whichever is less. Signs may not extend beyond 7 feet from the building front. into the fire lane. For the Secondary Commons, signs may be up to 48 inches tall by 24 inches wide and must be placed by the curb of the street in front of their building face, not blocking the opening of car doors or access to parking meters, and must allow at least 60 inches (five feet) for a pedestrian right-of-way between the sign and the buildings. (3) All signs must be made of durable material and be heavy enough to remain in place in all weather and must present a professional appearance. (4) Signs must be maintained in good condition, with no rust, peeling paint, peeling laminate or broken sections. , and Outdoor signs and displays must not include any objects with sharp edges, protrusions or other features which may be hazardous to the public. (5) Merchandise displays may be 60 inches tall. and extend 24 inches into the sidewalk area or to the fire lane, whichever is less. Displays may not extend into the fire lane beyond 7 feet from the building front. The display base shall be of a size no greater than 24 inches square and shall be made of a durable material and shall be heavy enough to remain standing in all weather. Displays must be maintained in good condition. [as are the signs]. The owner of signs or displays must keep the area around the signs clear of 10 snow and debris on and around the signs at all times. See also § 157-18A. Maintenance Guidelines (6) Temporary planters for flowers and plant display shall abut the building and extend no more than 18 24 inches into the pedestrian walkway or the fire lane, whichever is less. A planter must be at least 18 24 inches tall at the lip of the planter. Planters may extend the length of the business. Planters must be maintained in good condition, filled with plants or flowers, and must be kept free of snow and debris in and around the planters. See also § 157-18A. Maintenance Guidelines (7) No sign, merchandise display or planter may block or obstruct a fire suppression system affixed to a building or impede traffic flow in or out of building entrances. (8) Businesses with outdoor dining permits must keep their signs, merchandise displays and planters within their designated outdoor dining area. (9) All signs and merchandise displays must be taken in at the close of the business day and inclement weather conditions. See also § 157-18A. Maintenance Guidelines (10) Downtown Ithaca Alliance [The Ithaca Downtown Partnership] shall be allowed to place signs for community events and concerts at or near the Bernie Milton Pavilion [four Commons pavilions and/or] and the three four entrances to the Commons (Aurora Street, Cayuga Street, and Seneca Street and Home Dairy Alley). These signs shall not impede pedestrian traffic or block fire lanes. (11) Signs, Outdoor food sales and merchandise displays and planters are not permitted during Special Events on the Commons. Outdoor dining establishments with an agreement with the City are exempt from this provision. listed as food vendor blackout dates, as per the Ithaca City Clerk's office. (12) The building owner shall be liable for any violations under this Section. and §157- 32. The building owner is responsible for following the requirements of the City of Ithaca Sign Ordinance (Chapter 272) in determining the rights of building tenants to place signs, merchandise displays or planters on the Commons. The building owner may not charge any fees for the use of a sign in public space. § 157-8. Amplified sound, lights and other electrical equipment. A. Except by special permit issued by the Commons Advisory Board or its designee, no person shall operate or cause to be operated on the Ithaca Commons any boom box, tape recorder, radio or other device for electronic sound amplification in a loud, annoying or offensive manner such that noise from the device interferes with conversation or with the comfort, repose, health or safety of others. within any building or at a distance of 25 feet or greater. Refer to City of Ithaca Municipal Code Chapter 240 entitled “Noise” for further information. B. Except by special permit issued by the Commons Advisory Board or its designee, no person shall operate or cause to be operated any boom box, stereo system, tape 11 recorder, radio or other device from on or inside any building on the Ithaca Commons, the sound from which is directed outside towards the pedestrian mall. C. The provisions of Subsections A and B above shall not apply to emergency warning devices, sirens, alarms or other devices being used solely for public safety purposes. D. Amplified sound may be used between 11:00 a.m. and 2:00 p.m., and between 5:00 p.m. and 10:00 p.m., Monday through Friday, and between 10:00 a.m. and 10:00 p.m., Saturday and Sunday, upon approval of a noise permit by the Commons Advisory Board or its designee. Sound levels should be kept low and subject to immediate volume reduction upon [when] request[ed] by any City official, staff member of the Downtown Ithaca Alliance [Ithaca Downtown Partnership], or member of the Commons Advisory Board. E. The use of supplemental lighting, movie and slide projectors and any other type of electrical equipment or display will be carefully reviewed by the City Clerk, City Electrician, and the Commons Advisory Board so as to minimize nuisance or hazard conditions. § 157-9. Vehicles on the Commons. A. Only service and business delivery vehicles are allowed on the Commons pursuant to the approval of a Commons use permit. Permits shall be issued for use between 6:30 am and 9:30 a.m. and between 9:30 p.m. and 12:00 am each day of the week except on days when major festivals are planned. All vehicles shall enter the Commons on the West end (Cayuga Street) and exit on the East end (Aurora Street). All vehicles shall remain on the edge of the Fire Lane. Businesses with rear access should continue to use that space for deliveries and service work. Vehicles may not be unattended for more than 5 minutes. No parking of vehicles is allowed. Requests to drive a vehicle on the Commons during daytime hours, vehicles with a gross weight over 10,000 pounds, and vehicles with trailers, require additional consideration and permission granted by the City Clerk and/or the Mayor. before a Commons Use Permit may be issued. B. Vehicles shall not operate at a speed greater than five miles per hour, and the use of a flagger and/or hazard flashing lights is required. C. If it is necessary for vehicles to operate in reverse gear while on the Commons, a flagger is required. This provision shall not apply to emergency vehicles when operating during an emergency situation. D. Any vehicle which must remain on the Commons as an integral part of a display or exhibit or if extended service is necessary must be able to be moved immediately. E. Except for businesses without rear access, delivery vehicles will not be permitted to drive on the Commons for front door delivery. Permits for delivery vehicles will only be issued for after 9:00 p.m. and before 9:00 a.m. 12 F. Municipal and utility vehicles will be permitted on the Commons for the minimum time necessary to complete their task. Notification of such shall be made to the City Clerk’s office prior to beginning the work, when possible. G. Precautionary measures must be taken to prevent dripping of oil, transmission fluid and other fluids on the concrete when a vehicle is stopped. In the event that drippings of oil or other fluids occur, the set guidelines for removal of stains on concrete pavers, listed in this ordinance must be followed. See also § 157-18A. Maintenance Guidelines H. Ithaca Commons loading zones. Use of the loading zones at the entrances to the Commons is strictly reserved for vehicles making deliveries or loading and unloading passengers. No other use of the loading zones shall be made without the express written permission of the Chief of the Police Department. § 157-10. Bicycles and other wheeled devices. A. Riding of bicycles, roller skates, skateboards and similar wheeled devices is prohibited on the Primary and Secondary Commons. Standing or sitting astride a bicycle with one leg on either side of the bicycle is also prohibited. Wheelchairs, baby strollers [carriages] and similar devices intended for the convenience and comfort of infants or people with disabling conditions are permitted on the Commons. Nothing herein shall prohibit a pedestrian from walking a bicycle on the Primary Commons or having a bicycle or skateboard in the pedestrian's possession while on the Commons. B. No person shall park any bicycle against windows, trees, light poles, planters or other infrastructure [on the main traveled portion of the sidewalk] in any such manner as to constitute a hazard to pedestrians, traffic or property. Bicycle racks are provided at different locations on the Commons for the storage of bicycles on a short-term and/or daily basis only. C. Bicycles may be impounded for the following reasons: (1) There is reasonable cause to believe the bicycle has been stolen; (2) There is reasonable cause to believe the bicycle has been used in the commission of a crime; (3) The bicycle has been parked in violation of Subsection B above, and the owner or person authorized to possess the bicycle has refused to remove it or has not been identified after a reasonable inquiry; or (4) The bicycle has been abandoned. Before a bicycle may be considered abandoned, it must remain unmoved for at least 24 hours after a notice has been affixed to the bicycle by the Ithaca Police Department warning that it may be impounded unless moved within 24 hours. D. A violation of this section shall be punishable by a fine of not more than $50. A second violation within three years is punishable by a fine of not more than $150 or a 13 conditional discharge requiring not more than 40 hours of community service and not less than $50 or a conditional discharge requiring not less than 15 hours of community service. A third violation within three years is punishable by a fine of not more than $250 or a conditional discharge requiring not more than 60 hours of community service and not less than $100 or a conditional discharge requiring not less than 25 hours of community service. § 157-11. Alcoholic beverages. No alcoholic beverages may be sold or consumed on the Ithaca Commons except by special permit approved by the Common Council for a specific date, location and duration. Liquor and general liability insurance may be required in an amount to be determined based upon the nature of the event; but, in no case, shall it be less than $1,000,000.00. The liability insurance certificate must name the City of Ithaca as an “Additional Insured” on it for the duration of the event. § 157-12. Animals Dogs and Other Animals. Licensed dogs, restrained by an adequate collar and leash and under the control of its owner are allowed on the Commons. Dogs may not engage in unreasonable howling and/or barking so that it disturbs or annoys any person of reasonable sensitivities other than the person owning or harboring such dog. Unreasonable howling or barking or other noise shall include, but not be limited to, the following: (a) Howling, barking or other noise made by a dog and continuing for more than three cumulative minutes in any sixty-minute period; or (b) The existence of complaints concerning the noise from persons living or working in the vicinity of the noise and who are affected by it. Dogs shall not cause damage or destruction to public or private property. The owner or other person responsible for the dog shall promptly pick up and remove any solid waste related to the dog defecating or vomiting. See also § 157- 18A. Maintenance Guidelines Dogs shall not chase, leap on, or otherwise harass any person or other animal in such manner as reasonably to cause intimidation or to put such person or animal in reasonable apprehension of bodily harm or injury. Dogs shall not be leashed, tied or bound to any light poles, trees, planters, pavilions, bicycle racks or other infrastructure on the Commons. F. Animals that are included in a venue during a special event scheduled on the Commons are allowed subject to the approval of a permit by the City Clerk and/or Superintendent of Public Works. 14 A. No animals are allowed on the Primary Commons except by special permit. This provision does not apply to [Seeing Eye] Service [Dogs, service] animals providing assistance to people with disabling conditions special needs and police working dogs. B. Owners or tenants of residential or commercial premises on the Primary Commons, whose only access to their premises is from the Primary Commons, may apply to the City Clerk for a special permit. Such permit shall be conditional [on] upon compliance with all City laws and ordinances pertaining to animals, and as outlined above in §157-5(3). C. A permit shall allow tenants and owners of premises on the Primary Commons, or the customers of businesses that require the presence of animals to perform the function of the business, to transport their animals to and from their premises in the shortest and most direct route possible. Animals shall be leashed or transported in carriers. D. The permit shall not be transferable and is revocable at any time should the permit holder fail to comply fully with the terms of the permit. The permit shall be valid for the duration of the owner's lease or ownership of premises on the Commons or for a period of one year, whichever is shorter. The permit shall be renewable annually upon application to the City Clerk. The permit fee shall be set by the Commons Advisory Board. No more than two permits shall be issued for each residential or commercial unit. In the case of a business that requires the presence of animals to perform the function of the business, one permit shall cover the business and all of its customers. In addition, a valid New York State dog license is required, and must be presented at the time of application for the permit. E. The Commons Advisory Board shall review each application for a business permit and shall grant such permit upon the following conditions: (1) That animals shall be limited to an area between the premises and the closest of the three primary Commons entrances (Aurora Street, Seneca Street or Cayuga Street); (2) That the permit shall be for the movement of animals to and from the business and shall not allow for the loitering of animals in the permitted area; (3) That the dog owners or other persons responsible for the dog are responsible for promptly removing any animal waste pursuant to § 164-9 of the City of Ithaca Municipal Code which is not preempted by this section; and (4) That the permittee, should the dog owner fail to fulfill this responsibility, shall be responsible for the cleaning of any animal urine or feces that is deposited in the permit area. § 157-13. Posting of bills and notices. A. Posting of bills or notices or the attachment of any unauthorized devices to any public structures of the Commons is prohibited. Exceptions to this regulation shall be the display panels located in the [three] [towers of] the Commons. Bulletins shall be 15 placed in such display panels by the Downtown Ithaca Alliance [Ithaca Downtown Partnership] and shall be removed by the [Ithaca Downtown Partnership] Downtown Ithaca Alliance after a reasonable period of time, to be determined by the [Ithaca Downtown Partnership] Downtown Ithaca Alliance. B. The directories [display panels] shall provide [three types of] display space for the following: (1) Official Commons activity announcements. This space is reserved for the use of the Downtown Ithaca Alliance [Ithaca Downtown Partnership] to announce activities and dates of events on the Commons and in the community. (2) Public announcements. This space is available for general community public use. Material posted should be of reasonable size and limited to the announcement of public events such as local civic, artistic and cultural activities; it may not include personal messages, profit-motivated events or political promotional material. Posters and notices to be displayed shall be received, posted and removed by the Downtown Ithaca Alliance [Ithaca Downtown Partnership]. They should be dated and will not be left on display for more than two weeks. (3) Directory. This space is reserved for a directory of all business space located on the Commons and [should] will be updated periodically by the Downtown Ithaca Alliance [Ithaca Downtown Partnership]. C. If a request for posting a public announcement as defined in this section is not honored or is denied by the Downtown Ithaca Alliance [Ithaca Downtown Partnership], a letter of appeal may be forwarded to the Mayor for consideration. § 157-14. Newsracks. The Commons Advisory Board The Downtown Ithaca Alliance shall administer regulate, place, and monitor the placement of newsracks on the Commons on a routine basis in order to preserve the atmosphere and appearance of the Commons. Requests to use the newsracks will be considered in accordance with the policy approved by the Commons Advisory Board.in an attractive and inviting manner. Newsracks shall be placed so that they are easily accessible to the public, but are not located within a pedestrian walkway, or areas dedicated for public art, events, outdoor dining or vending, or other uses. § 157-15. Refuse. Commons businesses and residents will be allowed 24/7 access to a secure disposal facility. Private trash and recycling will not be collected on the Commons. Only authorized users with key access will be permitted to use the disposal facility. Users will need to place trash in authorized bags. In the event that the transport of trash results in drippings or leaking fluids on the Commons, the guidelines for cleaning stains established by this ordinance are to be followed. See also § 157-18A. Maintenance Guidelines 16 Fines will be imposed for users who abandon unaccepted items or who dispose of trash without using an authorized bag. A. All refuse, rubbish and litter generated by public use of the Commons must be placed in receptacles provided for that purpose. B. Recessed store entrances, foyers or other areas within the building lines shall at all times remain the responsibility of the tenants or owners, who shall keep them in a clean and sanitary condition. The sweeping or depositing of refuse or other litter onto the Commons is not permitted. § 157-16. Storage. No storage of items, material or stock, etc., will be allowed anywhere on the Commons, except by permit issued by the Superintendent of Public Works. § 157-17. Property damage. Unauthorized cutting, mutilating, removing or taking away of any trees, shrubs or flowers or the defacing or damaging of property is prohibited unless expressly authorized by the Superintendent of Public Works. § 157-18. Cleaning and repairing. All users involved with activities on the Commons shall be responsible for cleaning and repairing to assure that the Commons will be returned to its prior condition previous to its use. Failure to comply with this provision shall result in the City's taking necessary action to clean and repair the Commons and to restore it to its prior condition. In such case, the City shall bill the user for the cost of such repairing or cleaning, both on the [Ithaca] Commons and on the surrounding business improvement district. It is expected that the same level of maintenance will be extended to the entire business improvement district as prevails for the [Ithaca] Commons. This provision shall not relieve the City from performing normal, routine cleaning and maintenance activities. A. Maintenance Guidelines 1. Stain Removal Guidelines i. The City recognizes that during the regular use of the Commons, spills, drippings, and other stains may occur on occassion. In order to maintain the integrity of the pavers , the following are guidelines for removal of common stains and should be observed whenever possible: Treatment for Common Stains Stains Treatments 1. Oil and grease Soak up excess oil with rags. Then cover with an oil absorbent material, like kitty 17 litter. Leave on stain for 24-48 hours, and then sweep dry. Another option would be to apply a 100% pure citrus degreaser, directly to stain, and then blot up with a rag and hose area down. 2. Chewing Gum Apply small amount of dry ice and then scrape off with a putty knife or apply 100% pure citrus degreaser, apply directly to gum marks and scrape off. 3. Paint Use rags to remove excess paint by blotting, do not wipe, it will spread the paint around. If the paint is a latex, water based, soak with hot water and scrub by using detergent with a stiff bristled brush. Rinse periodically, repeat as necessary. Oil, paint and sealer remover is a specialized cleaner that can be applied after oil-based paint has dried. Follow manufactures instructions. 4. Leaf and Wood Rot Apply household bleach and scrub with a stiff bristled brush. 5. Mortar Try to remove immediately with a garden hose. If that is not possible, let it harden and remove with a scraper or putty knife. 6. Tobacco Apply household bleach and scrub with a stiff bristled brush. 7. Rust Stains Directly apply Rust Stain remover to the effected spots to lift these types of stains. Contact Hanover® for specific material. 8. Grease drippings from food, ketchup, mustard Apply general concrete paver cleaner to these types of stains. 9. Clay Soils Scrap off the dry built-up material with putty knife, scrub and rinse off with hot water. A detergent may be necessary to release the stain. 10. Tar Apply 100% pure citrus degreaser. Apply directly to stain, blot up with a rag and then hose area down. 11. Tree Sap Apply 100% pure citrus degreaser. Apply directly to stain, blot up with a rag and then hose area down. 12. Concrete dust from cutting Rinse immediately with water and/or use a cleaner designed for cleaning concrete pavers Please Note: If the stains are severe and cannot be removed, pavers can be replaced with new materials. Unlike other paving materials, concrete pavers will not have the extreme unsightly patch marks. 18 2. Snow Removal Guidelines i. Snow Removal 1. For removal of snow on the Commons surfaces, only rubber or nylon tipped shovels or snow blowers may be used. Snow blowers should not contain chains on the tires, as they could damage the face of the pavers. ii. De-Icing 1. Rock salt should never be used on the Commons Surfaces 2. For ice melting, Magnesium Chloride may be used, but should be swept off of the surface once the ice is melted. . § 157-19. Fees. Permit and use fees will be established by the Commons Advisory Board in consultation with the Board of Public Works. Fees may be waived or reduced by the Commons Advisory Board if deemed in the best interest of the community. All fees shall be paid at the time the permit is issued. § 157-20. Street Performers Street performers and acoustical musicians may perform on the Ithaca Commons between 10:00 a.m. and 9:00 p.m. Sunday through Thursday; and 10:00 a.m. and 10:00 p.m. on Friday and Saturday. All street performers shall locate along the edge of the fire lane and must remain mobile at all times in case emergency vehicles require access to the area. Performance equipment and materials may not be left unattended. Street performers must move to a different location every 45 minutes. The Commons Advisory Board reserves the right to designate specific areas for street performers. The use of amplified sound or fire during a performance is only allowed by permit from the Commons Advisory Board. Loud natured acoustical instruments such as horns, drums and other percussion instruments require a permit from the Commons Advisory Board. Performers are responsible for monitoring and controlling the volume of sound they make and must reduce the volume upon the request of the Ithaca Police Department, City Clerk staff, Downtown Ithaca Alliance staff, or a member of the Commons Advisory Board. Performers may accept voluntary donations but shall not base their performance upon payment or aggressively solicit contributions. Performers must not be under the influence of alcoholic beverages or controlled substances while performing. Ithaca Police Officers may require performers to relocate or leave the Commons area if they are creating a disturbance that negatively impacts the businesses or residents in the area. 19 At the conclusion of a performance, the performer is responsible for removing any debris, trash, or litter associated with the performance or audience. Article III. Outdoor Dining § 157-20. Applications; rules of operation; permits; appeals. A. The City Clerk shall review and consider outdoor dining applications for food establishments on the Primary and Secondary Commons. Applications shall include the following documentation: (1) Certificate of general liability insurance in an amount to be determined based upon the nature of the event, but in no case shall it be less than $1,000,000.00; it must also name the City of Ithaca as an “Additional Insured”. (2) Proof of worker's compensation insurance. (3) If alcohol is to be served, a[A]dditional liquor liability insurance is required in an amount to be determined, but in no case shall it be less than $1,000,000.00. It must name the City of Ithaca as an “Additional Insured”. (4) Sketch of area, with dimensions. Show storefront, curb, dining area and other important items (e.g., trees, fire hydrants, etc.). (5) An application and use fee shall be submitted with the completed outdoor dining application and required paperwork. B. Rules of operation. (1) The dining area shall be adjacent to the business holding the agreement. On the Primary Commons, the area may not extend out from the building more than 7 feet. [The area may extend out from the building, but not more than five feet.] The dining area shall not block the fire lane[s] or impede pedestrian traffic flow, and shall not extend beyond the agreement holder's storefront. (2) If alcohol is served, the dining area shall be contiguous to the establishment, physically defined, and approval from Common Council is required through the City Clerk. (3) The merchant shall be completely responsible for all aspects of the area, including cleanliness, trash, and stain removal. (4) The outdoor dining season shall be from April [January] 1 until March [December] 31. Outdoor dining furniture may not impede the City's efforts to remove debris, or snow and ice accumulations from the Commons. (5) Applications must be submitted and approved annually. (6) Furniture and fixtures, as well as any means used to define the dining area, will be allowed only during the approved dining hours. 20 (7) The area used is subject to periodic review by the City Clerk and the Department of Public Works. (8) The City reserves the right to require a security deposit if the site is not maintained free of trash, litter, grease and stains. Merchant is responsible for removal of stains or drippings in accordance with the guidelines for stain removal established by this ordinance. See also § 157-18A. Maintenance Guidelines (9) The City may terminate this agreement at any time without cause, in which case the applicant shall be reimbursed for the period of time which would be remaining on the agreement if the agreement were not terminated before expiration. (10) The City may terminate this agreement for the following causes, including but not limited to: (a) Violation of the guidelines and requirements listed above. (b) Fraud, misrepresentation or false statements in the agreement application. (c) Violation of any ordinances, regulations or laws applicable to the holder of such agreement. (11) If the agreement is terminated for cause, the agreement period shall end immediately, and no refunds will be issued. Notice of proposed suspension or revocation of an agreement for outdoor dining shall be given in writing, setting forth specifically the grounds of the complaint. The applicant shall have a right to a hearing in front of the Commons Advisory Board on the proposed revocation or suspension. (12) The Commons Advisory Board shall have the right to terminate or re-instate the agreement. Such decision shall become effective immediately. (13) Any applicant whose agreement is revoked under this regulation may not reapply for another agreement until the expiration of one year from the date of revocation. (14) The applicant shall not discriminate against any employee, applicant for employment, subcontractor, supplier of materials or services, or program participant because of actual or perceived: age, creed, color, disability, ethnicity, familial status, gender, height, immigration or citizenship status, marital status, national origin, race, religion, sexual orientation, socioeconomic status, or weight. C. The City Clerk shall be authorized to issue permits to the Downtown Ithaca Alliance [Ithaca Downtown Partnership] for placement of tables and chairs for dining and leisure purposes on the primary and secondary Commons during the warm weather season. D. Appeals for denied agreements. Any person or group that has been denied an agreement for outdoor dining on the Ithaca Commons may appeal such decision to the Commons Advisory Board. Such appeal shall be submitted in writing to the City Clerk's 21 office within 10 days from the date of denial. The Commons Advisory Board may act to sustain the original decision or to revise it, with or without conditions. Article IV. Mobile Vending Cart Regulations: §157-21 Mobile Vending Cart Regulations: A. Types of vendors on the Commons: (1) Food/beverage (non-alcohol only)/merchandise. Vendors selling food/beverages need to check with the Health Department regarding their regulations. (2) Non food/merchandise for sale/services. (3) See §157-28. Exceptions B. Definition of Mobile Vending: selling food/beverage/merchandise/services from a wheeled carrier that can move easily without the use of a vehicle or power source. Carts must be battery-operated and completely self- contained as the City does not provide water or electric to the vendors. The use of generators is prohibited. C. Cart Construction Requirements: Vending carts must be constructed in a professional manner and using methods and techniques associated with good craftsmanship. (1) Awnings, canopies, or umbrellas. Lowest edge six and one-half feet from the ground; flame resistant or fire retardant canvas or simulated canvas with a peaked roof that may extend 18 inches beyond the side of the cart. Canopies and awnings must be fastened to all corners. Umbrellas must be “windproof” using a standard metal umbrella holder with a locking devise permanently attached to the cart. (2) Box carts: box carts – carts that are shaped like a square or rectangular box, having a permanent roof, four permanent sides and limited see-through ability- are not permitted. (3) Coolers (for food/beverage vendors only): Maximum of two coolers per cart vendor. Both coolers are required to be stored on the same dolly. Each food vendor is required to have one dolly. Coolers must be pressed up against cart or no more than 6” away from cart. All coolers must be kept in a clean and sanitary condition free of dirt, grime, grease. (4) Display Cases: Must be sturdy, in good repair, and attached to the cart (preferred). If not attached, they must be heavy enough to withstand considerable winds or other natural elements. (5) Fixtures: Good quality hinges, clasps, and other hardware must be secured firmly to the cart. (6) Height: Maximum of eight feet (from pavement to highest point of the cart). (7) Lighting: Lighting can be used for preparing and serving food and illuminating a menu. Decorative lighting is not permitted unless 22 approved by the Commons Advisory Board. Lighting not approved by the Commons Advisory Board must be removed immediately. (8) Making carts stationary: Mobile carts must be stationary in their locations. Locking wheels are preferred. Wheel chocks may be used. (9) Mats: Required for food/beverage vendors only. Clean solid mat, minimum 12 square feet, in front of each food cart to capture spilled food/beverage and waste. No exception. Staff may require additional mats as needed (under grill area for example). Mats should be rolled up, removed from the Commons, and cleaned before reuse. Vendor is responsible for removal of any drippings or stains that occur at their location. Vendors must use the guidelines for stain removal established by this ordinance. See also § 157-18A. Maintenance Guidelines (10) Maximum Cart Size: No larger than 32 square feet and of reasonable proportions. (11) Measuring the square footage of the cart: Take a bird’s eye view of the cart, and draw a square or rectangle around the cart. All protuberances, such as wheels, wheel hubs, handles, bumpers, etc. must be included inside the square or rectangle. A canvas awning, canopy or overhang does not affect the maximum size of the cart. (12) One structure only: Cannot use more than one structure per vendor location. (13) See-through ability: Must be able to see through at least two sides of the cart at all times. (14) Signage: Product brand names, related to products being sold, are permitted on umbrellas. All signs are subject to rules as outlined in City of Ithaca Municipal Code Chapter 272 entitled “Signs”. (15) Tables: No free-standing tables. Built in, folding-down tables attached to the actual vendor cart are acceptable, provided they have been approved by the Commons Advisory Board. (16) Trash/Recycling receptacles: Each vendor must have a trash container with a lid and trash bags must always be used. Vendor must also have a recycling container. The vendor must follow the strict “carry in/carry out” policy of the City of Ithaca. Vendors may not use Commons trash receptacles. Vendor may use the secure trash facility used by Commons businesses through the purchase of an access key and authorized trash bags. (17) Wheels: Minimum six inch diameter. Two large wheels and one small wheel are acceptable. seem to provide the best maneuverability. Bicycle type wheels are ruined with winter salt. (18) Shopping carts are not allowed as part of the mobile vending space. § 157-22[1]. Location. The Commons Advisory Board is authorized to determine appropriate locations where vending shall take place. The City Clerk's office shall maintain and make available to the public a map of approved vending locations. § 157-23[2]. Hours of operation. 23 Operating hours for mobile vending carts are between 10:00 a.m. and 10:00 p.m. Carts[,and tents] must be removed from the Commons between the hours of 10:00 p.m. and 9:00 a.m. Vendors who wish to operate outside regular hours must obtain permission from the Commons Advisory Board. § 157-24[3]. Agreements. A. The City Clerk may issue agreements for mobile vending on the Commons pursuant to the Mobile Vending Map, which is approved by the Commons Advisory Board annually. The City Clerk may refuse to issue an agreement: (1) If there are no eligible vending sites available [for that season]. (2) To any applicant who fails to satisfy the application requirements. (3) To any applicant who violated the terms of a mobile vending agreement the previous vending season. B. Application requirements. (1) Completed applications for vending agreements with corresponding fees shall be received and considered by the City Clerk. Fees include, but may not be limited to application fee, security deposit, and use fee. The fees have been established in accordance with Chapter 170 of the City of Ithaca Municipal Code entitled “Use of Real City Property” [(2) Rates for mobile vending shall be set by the Commons Advisory Board in consultation with the Board of Public Works.] (2)[(3)] A description of the type of merchandise, service, food or beverage menu to be offered for sale. (3)[(4)] Price list of each item[s] being sold. (4) A description and photograph of the cart or table layout to be used. (5)[(6)] Proof that the applicant has complied with the established regulations of the Tompkins County Health Department, Ithaca Fire Department and other appropriate state, federal and local laws and regulations applicable to the vending business. (6)[(7)] A certificate of liability insurance in an amount to be determined based upon the nature of the permit, but in no case shall it be less than $1,000,000.00. It must also name the City of Ithaca as an “Additional Insured”. [naming the City of Ithaca as additional insured]. (7)[(8)] Proof of New York State W[w]orker's compensation insurance; or New York State Worker's compensation exemption certificate [waiver form] completed. 24 (8)[(9)] Applicant[s] shall demonstrate that they have a New York State sales tax certificate at all times while they are vending. (9)[(10)] A written description of waste disposal plans for trash, water, grease, and other materials. (10)[(11)] Proof of 501(C)(3) designation, if applicable. [(12) Copy of IFD propane permit for solid, liquid or gas-fired cookng/heating appliances.] (11)[(13)] The City Clerk may require additional information from the applicant if deemed necessary. (12)[(14)] Whenever a name or address provided by the vendor on his or her agreement or application changes, he or she shall notify the City Clerk within 10 days of the change. C. Mobile vending agreements. Upon receipt of a completed application and appropriate fees, the City Clerk will [draft] prepare a mobile vending agreement between the vendor and the City of Ithaca. The City Clerk’s office will maintain the original agreement on file in their office.[to be signed by the applicant. The signed agreement shall be reviewed by City staff, and once approved will be forwarded to the applicant.] D. Security deposit. A refundable security deposit is required for all vendors. All sites are subject to periodic review, and the deposit will be refunded upon final site inspection by the Department of Public Works at the end of the agreement period. Vendors must comply with guidelines for stain removal established by this ordinance.See also § 157- 18A. Maintenance Guidelines . If grease or other stains are found at the vending site, the Department of Public Works shall make arrangements with the vendor for clean up within a specified time period. If the site is not cleaned up within that time period, the Department of Public Works will clean the site and will subtract the fee from the security deposit. If additional costs are incurred, the vendor will be billed accordingly. E. All fees are nonrefundable. [unless the site is reassigned to another vendor. In that case, the fees will be proportionately refunded.] F. Requested site location. Sites are listed on the Mobile Vending Map. Site preference consideration will first be given to [seasonal applicants, second to] returning vendors, and then on a first-come basis. If two returning [seasonal] vendors request the same site, the site will be awarded on a first-come, first-serve basis. § 157-25[4]. Vendor responsibility. A. Vendors receiving agreements shall: 25 (1) Comply with all laws, ordinances and regulations applicable to their business. (2) Refrain from operating carts after agreements expire and when the agreements are suspended or revoked. (3) Surrender their agreements promptly upon their revocation or suspension. (4) Display a copy of their New York State sales tax certificate on their cart at all times. (5) Defend, indemnify, save and hold harmless the City of Ithaca from any and all acts of negligence arising from the vendor's use of the [Ithaca] Commons and shall be so duly insured. in an amount to be determined based upon the nature of the permit, but in no case shall it be less than $1,000,000.00. It must also name the City of Ithaca as an “Additional Insured”. [by the City of Ithaca, but must be in the minimum amount of $1,000,000.] B. The vendor will not discriminate against any employee, applicant for employment, subcontractor, supplier of materials or services, or program participant because of actual or perceived: age, creed, color, disability, ethnicity, familial status, gender, height, immigration or citizenship status, marital status, national origin, race, religion, sexual orientation, socioeconomic status, or weight. § 157-26[5]. Rules of operation. The following are the mobile vending rules of operation: A. Vending sites are 10 feet by 10 feet in size, and vendors are required to keep all of their equipment within their assigned site. [On specially marked "expansion" sites, the site may expand to 20 feet by 20 feet in size for an increased fee.] B. Vendors shall not block or inhibit pedestrian traffic or allow emergency vehicular traffic to be impeded because of vending operations. C. All sites are open to retail and food/beverage vending except for the sites specifically marked NF (No food vendors). D. Vending hours are from 10:00 a.m. to 10:00 p.m. unless special permission is granted by the Commons Advisory Board. E. Vending carts must be attended at all times. [F. Tents with one or two sides and canopies are allowed during the summer season only and must be removed daily. Off-season, monthly vendors require special permission from the Commons Advisory Board for the use of tents. ] F[G]. All carts[,] and equipment [tents and canopies] must be removed from the vending site at the close of business each day. 26 G[H]. All vendors must maintain the submitted list of items for sale and prices [Food vendors must maintain the submitted food menu] throughout the agreement period unless special permission is granted by the City Clerk or the Commons Advisory Board. H[I]. Smoke and/or odors produced by the cooking of foods on a mobile vending cart must be vented, filtered or disposed of in a comparable manner so as to reasonably prevent the release of odor or particulate matter into the surrounding environment. I[J]. Vendors are responsible for trash and waste disposal. Vendors shall provide a container for trash and litter, and [attached to their carts Vendors shall] be responsible for the appropriate removal and disposal thereof. [of litter or trash placed in their containers.] No dumping is allowed in City trash cans, grates, storm sewers, or other areas. J[K]. Vendors shall keep public spaces within a ten-foot radius of their cart clean and free from paper, peelings, oil and grease spills and refuse of any kind generated from the operation of their cart. If spills do occur, the vendor is responsible for using the guildelines for proper removal of stains established by this ordinance. See also § 157- 18A. Maintenance Guidelines K[L]. No music, amplified sound, or repetitive noise that can be heard outside of the vending site may be played by the vendor. L[M]. If a vending site remains vacant for three consecutive weeks without notification to the City Clerk's office, it will be considered abandoned and re-assigned, with no refunds issued. M[N]. An additional permit for driving on the Commons is required for the purposes of loading and unloading before 9:00 a.m. and after 9:00 p.m., and is available from the City Clerk's office upon request. N[O]. The City reserves the right to move vendors for necessary maintenance and repairs on the Commons. O[P]. The City does not provide water or electric service to mobile vendors. P[Q]. All vendors shall cooperate with staff members of City of Ithaca and the Downtown Ithaca Alliance [Ithaca Downtown Partnership employees]. § 157-27[6]. Suspension or revocation of agreement. A. The City may terminate a mobile vending agreement at any time without cause, in which case the [contractor] vendor shall be reimbursed for the period of time that would be remaining on the agreement if the agreement were not terminated before expiration. B. If the agreement is terminated for cause, the agreement period shall end immediately, and no refunds will be issued. Notice of proposed suspension or 27 revocation of an agreement for mobile vending shall be given in writing, setting forth specifically the grounds of the complaint. The vendor shall have a right to a hearing on the proposed revocation or suspension before the [CAB] Commons Advisory Board no sooner than ten (10) days after requesting such a hearing, in writing. Grounds for termination include, but are not limited to: (1) Violation of the rules of operation. (2) Fraud, misrepresentation or false statements on the application. (3) Fraud, misrepresentation or false statements made in connection with the selling of merchandise. (4) Violation of any ordinances, regulations or laws applicable to the holder of such an agreement. (5) Conduct of the business permitted in an unlawful manner or in such a way as to constitute a menace to the health and safety of the public. C. The Commons Advisory Board [CAB] shall have the right to terminate or reinstate the agreement. Such decision shall become effective immediately. D. Any applicant whose agreement is revoked under this regulation may not reapply for another agreement until the expiration of one year from the date of revocation. § 157-28[7]. Ithaca Festival and other events. Notwithstanding the above, permits to sell on the Commons or to operate mobile vending carts granted pursuant to this chapter shall include [exclude] days on which it is expected that the Ithaca Festival or other events sponsored by the Downtown Ithaca Alliance [Ithaca Downtown Partnership] will take place on the [Ithaca] Commons. A listing of these events and dates shall be maintained by the City Clerk. The vendor will be required to make application to the event coordinator and pay any additional fees as required. Vendors may be relocated from their assigned spot during the event, at the discretion of the event coordinator. Vendors must follow the rules of each event. Vendors interested in vending during special events [for an additional fee] should contact the Downtown Ithaca Alliance [Ithaca Downtown Partnership] or Ithaca Festival offices for information regarding vending requirements for those special events. § 157-29[8]. Exceptions. Persons holding a license issued by the Tompkins County Clerk to vend under the status of a United States Armed Forces Veteran pursuant to § 32 of the General Business Law, to the extent legally permitted, shall be required to abide by all regulations except those concerning fees. § 157-30[29]. Appeals for denied agreements. Any person or group that has been denied an agreement to vend on the [Ithaca] Commons may appeal such decision to the Commons Advisory Board. Such appeal 28 shall be submitted in writing to the City Clerk's office within ten (10) days from the date of denial. The Commons Advisory Board may act to sustain the original decision or to revise it, with or without conditions. Article V. Exceptions; Penalties § 157-31[30]. Limited waivers and exceptions. The Commons Advisory Board is authorized to grant limited waivers and exceptions to the provisions of this chapter, as appropriate and for temporary periods not to exceed one week in duration. Such waivers and exceptions shall be subject to any appropriate review by the City Clerk's office, Department of Public Works, the Fire Department or the Police Department. § 157-32[1]. Applicability of other ordinances. Except as otherwise provided in this chapter, all existing ordinances of the City of Ithaca shall apply to the Ithaca Commons. § 157-33[2]. Penalties for offenses. [Amended 4-5-2006 by Ord. No. 2006-10]Except as otherwise provided, any violation of the provisions of this law shall be punishable as a civil offense in accordance with §[ ]1- 1, of the City of Ithaca Municipal Code. Section 2. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 3. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. CITY OF ITHACA 108 E. Green St. — 3rd Floor Ithaca, NY 14850-5690 DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT Telephone: Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6559 Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org Fax: 607-274-6558 Fax: 607-274-6558 To: Planning and Economic Development Committee From: Jennifer Kusznir, Economic Development Planner Date: January 6, 2015 Re: Proposal to Amend R-U Zoning District The purpose of this memo is to provide information regarding a proposal to amend the RU zoning district. This proposal was previously discussed at the November Planning and Economic Development meeting. At that meeting staff was directed to draft and circulate the environmental review of the proposed amendments to the zoning district. At the request of the Committee an environmental review of this action has been completed, and the draft Full Environmental Assessment Form is enclosed. The proposed ordinance and environmental assessment have been circulated to the City Planning Board, the Conservation Advisory Council, the Board of Zoning Appeals, the Ithaca Landmarks Preservation Commission, Historic Ithaca, The Tompkins County Planning Department and various other City staff and departments. Enclosed is a summary of all comments that have been received along with staff responses. Enclosed for your consideration is a resolution establishing lead agency for this action and a resolution for environmental significance. If you have any concerns or questions regarding any of this information, feel free to contact me at 274-6410. j:\groups\planning and econ dev committee\2015 planning and economic development\01 january\2014-rulead agency.12-04-2.doc Draft Resolution 12/4/14 An Ordinance Amending The Municipal Code Of The City Of Ithaca, Chapter 325, Entitled “Zoning,” in order amend the R-U zoning district – Declaration of Lead Agency WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that, for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed zoning amendment is an “Unlisted” Action pursuant to the City Environmental Quality Review (CEQR) Ordinance, which requires environmental review under CEQR; now, therefore, be it RESOLVED, that the Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the proposed amendments to the R-U Zoning District. Draft Resolution 12/4/13 An Ordinance Amending The Municipal Code Of The City Of Ithaca, Chapter 325, Entitled “Zoning,” in order to amend the R-U Zoning District – Declaration of Environmental Significance 1. WHEREAS, The Common Council is considering a proposal to amend the R-U zoning district, and 2. WHEREAS, the appropriate environmental review has been conducted, including the preparation of a Full Environmental Assessment Form (FEAF), dated November 19, 2014, and 3. WHEREAS, the proposed action is a “Unlisted” Action under the City Environmental Quality Review Ordinance, and 4. WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has reviewed the FEAF prepared by planning staff; now, therefore, be it 1. RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts as its own the findings and conclusions more fully set forth on the Full Environmental Assessment Form, dated November 19, 2014, and be it further 2. RESOLVED, That this Common Council, as lead agency in this matter, hereby determines 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 3. RESOLVED, That this resolution constitutes notice of this negative declaration and that the City Clerk is hereby directed to file a copy of the same, together with any attachments, in the City Clerk’s Office, and forward the same to any other parties as required by law. j:\groups\planning and econ dev committee\2015 planning and economic development\01 january\2014-r-u-negdec.12-04-1.doc 1/9/2015  ORDINANCE NO. ____ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325, Zoning, be amended as follows: 1. WHEREAS, in 2013, the City received a development proposal for a residential project located in the Cornell Heights Historic District, and 2. WHERAS, the Ithaca Landmarks Preservation Commission (ILPC), in their review of the project, found that the allowable development by the existing zoning largely conflicted with what the ILPC would permit in order to protect the historic character of the District, and 3. WHEREAS, the Cornell Heights Historic District, unlike Ithaca’s other historic districts, was developed as a planned “residence park”, with significant amounts of green space and informal landscaping in the Romantic tradition intentionally retained around its expansive homes to create a unique neighborhood identity, and 4. WHEREAS, this neighborhood is also designated as a low- density neighborhood in the City of Ithaca’s forthcoming Comprehensive Plan, and 5. WHEREAS, in order to explore alternate zoning options that would better reflect the desired development for this area, a working group was formed consisting of staff from the Planning, Building, Zoning and Economic Development Department and members of the Common Council, and 6. WHEREAS, prior to developing a zoning proposal, a walking tour of the neighborhood was held and the working group also had meetings with the residents of the area, and 7. WHEREAS, the working group has identified amendments to the use and area requirements in the R-U Zoning District that would allow for responsibly developing this area, while preserving the original intent for the district and protecting the important qualities of this neighborhood, and 8. WHEREAS, in addition to the amendments that have been proposed to the R-U Zoning District, residents have requested that the Common Council also explore options for offering additional protections to the entire Cornell Heights Historic District, 1/9/2015  9. Whereas, after circulating a concept memo that described the proposed changes to the R-U zoning district, Historic Ithaca submitted a memo, dated November 6, 2014, containing concerns and comments about the proposal and City staff evaluated the concerns and responded to all of the points that were raised, therefore BE IT NOW ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Section 325-8 of the Municipal Code of the City of Ithaca, entitled District Regulations, is hereby amended to add the following underlined language: Section 325-8: District Regulations Chart, R-U Use District Permitted Primary Uses Properties that are less than 60,000 SF are permitted to have only one primary structure on the lot. Properties greater than 60,000 SF may have two primary uses, if approved by Ithaca Landmarks Preservation Commission (ILPC) or Planning Board. Properties with at least 90,000 SF can have as many as 3 primary uses if approved by ILPC or Planning Board. 1. One-family detached, semi-detached, or attached dwelling. 2. Any use permitted in R-1 and R-2. Permitted Uses 3-8 are restricted to 1 every 500 feet for new construction 1, measured from the edge of the property line 3. Multiple dwelling. 4. Rooming or boardinghouse. 5. Cooperative household. 6. Fraternity, sorority or group house. 7. Dormitory. 8. Townhouse or garden apartment housing. By Special Permit of Board of Appeals: 9. Uses 5-7 under R-1* 10. Nursery school, child day care center. 11. Bed and Breakfast Homes and Inns. * Cemetery and Related Building, Public Utility Structures, except offices, All School and Related Buildings 1 After the Planning and Economic Development Meeting on November 12, 2014, the Director of Zoning and Code Enforcement advised staff to add language restricting this requirement to new construction in order to prevent making existing properties non-conforming in accordance with the new zoning ordinance. 1/9/2015  Minimum Lot Size (Area in Square Feet) 1. One-family detached dwelling: 10,000 2. One-family semi-detached or two-family dwelling: 15,000. 3. One-family attached dwelling: 16,500 for first 1-3 units plus 1,500 for each additional unit. 4. Multiple dwelling: 16,500 for first 1-3 units plus1,500 for each additional unit. 5. Fraternity, sorority, or group house: 30,000 (was 25,000). 6. Other uses: 30,000 (was 10,000). Width in Feet at Street Line 1. One-family detached dwelling: 75. 2. One-family semi-detached or two-family dwelling: 100. 3. One-family attached dwelling: 125. 4. Multiple dwelling: 125. 5. Fraternity, sorority or group house: 125. 6. Other uses: 125 (was 75). Maximum Building Height Number of Stories: 3 (was 4). Height in Feet – 40. Maximum Percent Lot Coverage by Buildings Lot Coverage: 25% (was 30%). 50% of the developable lot area, after the required setbacks have been calculated, must be retained as green space. Yard Dimensions Front Required Minimum – 25’ Side Minimum – 10’ Other Side Minimum – 10’ Rear Minimum – 50’ or at least 25%, but not less than 30’ Section 2. The City Planning and Development Board, the City Clerk and the Planning Department shall amend the district regulations chart in accordance with the amendments made herewith. Section 3. Severability. Severability is intended throughout and within the provisions of this local law. If any section, subsection, sentence, clause, phrase or portion of this local law is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portion. 1/9/2015  Section 4. Effective date. This ordinance shall take affect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. CITY OF ITHACA CITY OF ITHACA FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF) FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF) Purpose: The Full Environmental Assessment Form (FEAF) is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently there are aspects of a proposed action that are subjective or immeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be aware of the broader concerns affecting the question of significance. Purpose: The Full Environmental Assessment Form (FEAF) is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently there are aspects of a proposed action that are subjective or immeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be aware of the broader concerns affecting the question of significance. The FEAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. The FEAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. FEAF Components: FEAF Components: Part 1: Provide objective data and information about a given action and its site. By identifying basic project data, it assists in a review of the analysis that takes place in Parts 2 and 3. Part 2: Focus on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA IS FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE—TYPE I AND UNLISTED ACTIONS Identify the Portions of FEAF completed for this action: Part 1 Part 2 Part 3 Upon review of the information recorded on this FEAF (Parts, 2, and 3, if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the Lead Agency that: A. The Proposed Action will not result in any large and important impact(s) an is one that will not have a significant impact on the environment; therefore, A NEGATIVE DECLARATION WILL BE PREPARED. B. Although the proposed action could have a significant impact on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required; therefore, A CONDITIONED NEGATIVE DECLARATION WILL BE PREPARED. * C. The proposed action may result in one or more large and important impacts that may have a significant impact on the environment; therefore, A POSITIVE DECLARATION WILL BE PREPARED. * a Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action: Proposed Amendments to R-U Zoning District Name of Lead Agency: City of Ithaca Name & Title of Responsible Officer in Lead Agency: Mayor Svante Myrick Signature of Responsible Officer in Lead Agency: _________________ Name & Title of Preparer: Jennifer Kusznir, Economic Development Planner Signature of Preparer: _________________ Date: 11/19/14 FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF) PART 1—PROJECT INFORMATION NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the Full Environmental Assessment Form (FEAF) will be dependent on information currently available and will not involve new studies, research, or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. Name of Action: Amendments to the R-U zoning district Location of Action: City of Ithaca Name of Applicant/Sponsor: City of Ithaca Address: 108 E. Green St. City/Town/Village: Ithaca State: NY ZIP: 14850 Business Phone: 607-274-6550 Name of Owner(if different): Address: City/Town/Village: State: ZIP: Business Phone: Description of Action: Amendments to the R-U Zoning District that are intended to allow for future development that will preserve the open space, park-like character, and historic quality of the existing neighborhood, including the following specific changes: • Properties that are less than 60,000 SF are permitted to have only one primary structure on the lot. Properties greater than 60,000 SF may have two primary uses, if approved by ILPC or Planning Board. Properties with at least 90,000 SF can have as many as 3 primary uses if approved by ILPC or Planning Board. • New construction of certain multi-unit uses is restricted to 1 every 500’ • The minimum lot size requirements for fraternities, sororities, group homes, and any other uses not specifically listed is increased to 30,000 square feet. • The minimum required frontage for other uses not specifically listed is increased from 75 feet to 125 feet. • The maximum allowable building height is reduced from 4 stories to 3 stories. • The maximum lot coverage by buildings is reduced from 30% to 25%. In addition, properties are required to retain 50% of the developable lot area, after all setback requirements have been calculated, as greenspace. 2 Please complete each question ― indicate N/A, if not applicable: A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1. Present Land Use: Urban Industrial Commercial Public Forest Agricultural Other: Residential 2. Total area of project area: approximately 60 acres (Chosen units apply to following section also.) Approximate Area (Units in question 2 apply to this section.) Currently After Completion 2a. Meadow or Brushland (non-agricultural) 2b. Forested ~10 ~10 2c. Agricultural 2d. Wetland [as per Articles 24 of Environmental Conservation Law (ECL)] 2e. Water Surface Area 2f. Public 2g. Water Surface Area 2h. Unvegetated (rock, earth or fill) 2i. Roads, buildings, and other paved surfaces ~50 ~50 2j. Other (indicate type) 3a. What is predominant soil type(s) on project site (e.g., HdB, silty loam, etc.): Urban 3b. Soil Drainage N/A Well-Drained ______% of Site Moderately Well-Drained ______% of Site Poorly Drained ______% of Site 4a. Are there bedrock outcroppings on project site? Yes No N/A 4b. What is depth of bedrock? N/A (feet) 4c. What is depth to the water table? N/A (feet) 5. Approximate percentage of proposed project site with slopes: 0-10% 50% 10-15% 25% 15% or greater 25% 6a. Is project substantially contiguous to, or does it contain a building, site or district, listed on or eligible for the National or State Register of Historic Places? Yes No N/A Cornell Heights Historic District 6b. Or designated a local landmark or in a local landmark district? Yes No N/A Cornell Heights Historic District 7. Do hunting or fishing opportunities presently exist in the project area? Yes No N/A If yes, identify each species: 3 A. SITE DESCRIPTION (cont.) 8. Does project site contain any species of plant or animal life that is identified as threatened or endangered? Yes No N/A According to: Identify each Species: 9. Are there any unique or unusual landforms on the project site? (i.e., cliffs, other geological formations) Yes No N/A Describe: 10. Is the project site presently used by the community or neighborhood as an open space or recreation area? Yes No N/A If yes, explain: 11. Does the present site offer or include scenic views known to be important to the community? Yes No N/A Describe: Views across Fall Creek gorge from Fall Creek Drive are of significant importance to the neighborhood. 12. Is project within or contiguous to a site designated a Unique Natural Area (UNA) or critical environmental area by a local or state agency? Yes No N/A Describe: 13. Streams within or contiguous to project area: a. Names of stream or name of river to which it is a tributary: Fall Creek 14. Lakes, ponds, wetland areas within or contiguous to project area: N/A a. Name: b. Size (in acres): 15. Has the site been used for land disposal of solid or hazardous wastes? Yes No N/A Describe: 16. Is the site served by existing public utilities? a. If Yes, does sufficient capacity exist to allow connection? b. If Yes, will improvements be necessary to allow connection? Yes No N/A Yes No N/A Yes No N/A B. PROJECT DESCRIPTION 1. Physical dimensions and scale of project (fill in dimensions as appropriate) 1a. Total contiguous area owned by project sponsor in acres: 60 acres 1b. Project acreage developed: 50 acres initially 50 acres ultimately 1c. Project acreage to remain undeveloped: N/A 1d. Length of project in miles: (if appropriate) N/A or feet: N/A 1e. If project is an expansion, indicate percent of change proposed: N/A 1f. Number of off-street parking spaces existing: N/A proposed: N/A 1g.Maximum vehicular trips generated (upon completion of project) per day: N/A and per hour: N/A 4 B. PROJECT DESCRIPTION (cont.) 1h. Height of tallest proposed structure: feet. N/A 1j. Linear feet of frontage along a public street or thoroughfare that the project will occupy? N/A 2. Specify what type of natural material (i.e., rock, earth, etc.) and how much will be removed from the site: N/A or added to the site: N/A 3. Specify what type of vegetation (trees, shrubs, ground cover) and how much will be removed from the site: acres: N/A type of vegetation: N/A 4. Will any mature trees or other locally important vegetation be removed by this project? N/A 5. Are there any plans for re-vegetation to replace that removed during construction? N/A 6. If single phase project, anticipated period of construction N/A months (including demolition) 7. If multi-phased project, anticipated period of construction N/A months (including demolition) 7a. Total number of phases anticipated: N/A 7b. Anticipated date of commencement for first phase N/A month year (including demolition) 7c. Approximate completion date of final phase N/A month year. 7d. Is phase one financially dependent on subsequent phases? Yes No N/A 8. Will blasting occur during construction? Yes No N/A; if yes, explain: 9. Number of jobs generated: during construction 0 after project is completed 0 10. Number of jobs eliminated by this project 0 Explain: 11. Will project require relocation of any projects or facilities? Yes No N/A; if yes, explain: 12a. Is surface or subsurface liquid waste disposal involved? Yes No N/A; if yes, explain: 12b. If #12a is yes, indicate type of waste (sewage, industrial, etc): N/A 12c. If surface disposal, where specifically will effluent be discharged? N/A 13. Will surface area of existing lakes, ponds, streams, or other surface waterways be increased or decreased by proposal? Yes No N/A; if yes, explain: 14a. Will project or any portion of project occur wholly or partially within or contiguous to the 100 year flood plain? Yes No N/A 14b. Does project or any portion of project occur wholly or partially within or contiguous to: Cayuga Inlet Fall Creek, Cascadilla Creek, Cayuga Lake, Six Mile Creek, Silver Creek? (Circle all that apply) 14c. Does project or any portion of project occur wholly or partially within or contiguous to wetlands as described in Article 24 Of the ECL? Yes No N/A 14d. If #14a, b or c is yes, explain: N/A 15a. Does project involve disposal or solid waste? Yes No N/A 15b. If #15a is yes, will an existing solid waste disposal facility be used? Yes No N/A 15c. If #15b is yes, give name of disposal facility: N/A and its location: 5 B. PROJECT DESCRIPTION (cont.) 15d. Will there be any wastes that will not go into a sewage disposal system or into a sanitary landfill? Yes No N/A; if yes, explain: 15e. Will any solid waste be disposed of on site? Yes No N/A; if yes, explain: 16. Will project use herbicides or pesticides? Yes No N/A; if yes, specify: 17. Will project affect a building or site listed on or eligible for the National or State Register of Historic Places or a local landmark or in a landmark district? Yes No N/A; if yes, explain: The area to be rezoned is partially located within the Cornell Heights Historic District; however, the rezoning should be more protective of the historic characteristic of the area. 18. Will project produce odors? Yes No N/A; if yes, explain: 19. Will project product operating noise exceed the local ambient noise level during construction? Yes No N/A; After construction? Yes No N/A 20. Will project result in an increase of energy use? Yes No N/A; if yes, indicate type(s) N/A 21. Total anticipated water usage per day: gals/day N/A Source of water C. ZONING & PLANNING INFORMATION 1. Does the proposed action involve a planning or zoning decision? Yes No N/A; if yes, indicate the decision required: Zoning Amendment Zoning Variance New/revision of master plan Subdivision Site Plan Special Use Permit Resource Management Plan Other: 2. What is the current zoning classification of site? R-U 3. If the site is developed as permitted by the present zoning, what is the maximum potential development? Under current R-U zoning, maximum building size would be 40-feet in height. 4. Is proposed use consistent with present zoning? Yes No N/A 5. If #4 is no, indicate desired zoning: R-3aa & R-3a 6. If the site is developed by the proposed zoning, what is the maximum potential development of the site? The proposed amendements to the R-U Zoning District will reduce the maximum allowable number of stories from 4 to 3. In addition, the maximum lot coverage is being reduced from 30% to 25% and 50% of the developable portion of the lot must be retained as greenspace. 7. Is the proposed action consistent with the recommended uses in adopted local land-use plans? Yes No N/A; If no, explain: The City currently in the process of amending its Comprehensive plan. In the draft plan this area has been identified as low density neighborhood, which is consistent with the proposed changes. 8. What is the dominant land use and zoning classification within a ¼-mile radius of the project? (e.g., R-1a or R-1b) B-2a, I-1, P-1, R-2a, R-2b, R-3a, R-3b, R-U, and U-1 6 C. ZONING & PLANNING INFORMATION (cont.) 9. Is the proposed action compatible with adjacent land uses? Yes No N/A Explain: 10a. If the proposed action is the subdivision of land, how many lots are proposed? N/A 10b. What is the minimum lot size proposed? Minimum allowable lot size is as follows: 1. One-family detached dwelling: 10,000 2. One-family semi-detached or two-family dwelling: 15,000. 3. One-family attached dwelling: 16,500 for first 1-3 units plus 1,500 for each additional unit. 4. Multiple dwelling: 16,500 for first 1-3 units +1,500 for each additional unit. 5. Fraternity, sorority, or group house: 30,000 SF (was 25,000 SF). 6. Other uses: 30,000 SF (was 10,000 SF). 11. Will the proposed action create a demand for any community-provided services? (recreation, education, police, fire protection, etc.)? Yes No N/A Explain: If yes, is existing capacity sufficient to handle projected demand? Yes No N/A Explain: N/A 12. Will the proposed action result in the generation of traffic significantly above present levels? Yes No N/A If yes, is the existing road network adequate to handle the additional traffic? Yes No N/A Explain: D. APPROVALS 1. Approvals: Common Council Adoption 2a. Is any Federal permit required? Yes No N/A; Specify: 2b. Does project involve State or Federal funding or financing? Yes No N/A; If Yes, Specify: 2c. Local and Regional approvals: Agency Yes or No Type of Approval Required Submittal Date Approval Date Common Council Yes Adoption Board of Zoning Appeals (BZA) No Planning & Development Board No Ithaca Landmarks Preservation Commission (ILPC) No Board of Public Works (BPW) No Fire Department No Police Department No Building Commissioner No Ithaca Urban Renewal Agency (IURA) No E. INFORMATIONAL DETAILS Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. 7 F. VERIFICATION I certify the information provided above is true to the best of my knowledge. Applicant/Sponsor Name: City of Ithaca (Jennifer Kusznir) Signature: __________________________ Title: Economic Development Planner 8 9 City of Ithaca Full Environmental Assessment Form (FEAF) PART 2 ― PROJECT IMPACTS & THEIR MAGNITUDES IMPACT ON LAND 1. Will there be an effect as a result of a physical change to project site? Yes No Small to Moderate Impact Potential Large Impact Can Impact be Reduced by Project Change? Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the general slope in the project exceeds 10%. Yes No Construction on land where the depth to the water table is less than 3 feet. Yes No Construction of parking facility/area for 50 or more vehicles. Yes No Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. Yes No Construction that will continue for more than 1 year or involve more than one phase or stage. Yes No Evacuation for mining purposes that would remove more than 1,000 tons of natural material (i.e., rock or soil) per year. Yes No Construction of any new sanitary landfill. Yes No Construction in a designated floodway. Yes No Other impacts: existing development is in the 500 year flood plain Yes No 2. Will there be an effect on any unique landforms found on the site? (i.e., cliffs, gorges, geological formations, etc.) Yes No Small to Moderate Impact Potential Large Impact Can Impact be Reduced by Project Change? Specific land forms: Yes No IMPACT ON WATER 3. Will project affect any water body designated as protected? (Under article 15 or 24 of the Environmental Conservation Law, E.C.L.) Yes No Small to Moderate Impact Potential Large Impact Can Impact be Reduced by Project Change? Developable area of site contains a protected water body Yes No Dredging more than 100 cubic yards of material from channel of a protected stream. Yes No Extension of utility distribution facilities through a protected water body. Yes No Construction in a designated freshwater wetland. Yes No Other impacts: Yes No IMPACT ON WATER (cont.) 4. Will project affect any non-protected existing or new body of water? Yes No Small to Moderate Impact Potential Large Impact Can Impact be Reduced by Project Change? A 10% increase or decrease in the surface area of any body of water or more than a 10,000 sq. ft. of surface area. Yes No Construction, alteration, or conversion of a body of water that exceeds 10,000 sq. ft. of surface area. Yes No Fall Creek, Six Mile Creek, Cascadilla Creek, Silver Creek, Cayuga Lake or the Cayuga Inlet? Yes No Other impacts: Yes No 5. Will project affect surface or groundwater quality? Yes No Small to Moderate Impact Potential Large Impact Can Impact be Reduced by Project Change? Project will require a discharge permit. Yes No Project requires use of a source of water that does not have approval to serve proposed project. Yes No Construction or operation causing any contamination of a public water supply system. Yes No Project will adversely affect groundwater. Yes No Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. Yes No Project requiring a facility that would use water in excess of 20,000 gallons per day or 500 gallons per minute. Yes No Project will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. Yes No Proposed Action will require the storage of petroleum or chemical products greater than 1,100 gallons. Yes No Other impacts: Yes No 6. Will project alter drainage flow, drainage patterns or surface water runoff? Yes No Small to Moderate Impact Potential Large Impact Can Impact be Reduced by Project Change? Project would impede floodwater flows. Yes No Project is likely to cause substantial erosion. Yes No Project is incompatible with existing drainage patterns. Yes No Other impacts: Yes No IMPACT ON AIR 7. Will project affect air quality? Yes No Small to Moderate Impact Potential Large Impact Can Impact be Reduced by Project Change? Project will induce 500 or more vehicle trips in any 8- Yes No IMPACT ON AIR hour period per day. Project will result in the incineration of more than 2.5 tons of refuse per 24-hour day. Yes No Project emission rate of all contaminants will exceed 5 lbs per hour or a heat source producing more than 10 million BTUs per hour. Yes No Other impacts: Yes No IMPACTS ON PLANTS & ANIMALS 8. Will project affect any threatened or endangered species? Yes No Small to Moderate Impact Potential Large Impact Can Impact be Reduced by Project Change? Reduction of any species listed on the New York or Federal list, using the site, found over, on, or near site. Yes No Removal of any portion of a critical or significant wildlife habitat. Yes No Application of pesticide or herbicide more than twice a year other than for agricultural purposes. Yes No Other impacts: Yes No 9. Will proposed action substantially affect non- threatened or non-endangered species? Yes No Small to Moderate Impact Potential Large Impact Can Impact be Reduced by Project Change? Proposed action would substantially interfere with any resident or migratory fish or wildlife species. Yes No Proposed action requires the removal or more than 1/2 acre of mature woods or other locally important vegetation. Yes No Other impacts: Yes No IMPACT ON AESTHETIC RESOURCES 10. Will the proposed action affect views, vistas or the visual character of the neighborhood or community? Yes No Small to Moderate Impact Potential Large Impact Can Impact be Reduced by Project Change? Proposed land uses, or proposed action components obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural. Yes No Proposed land use, or proposed action components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of aesthetic qualities of that resource. Yes No Proposed action will result in the elimination or major screening of scenic views known to be important to the area. Yes No 11 IMPACT ON AESTHETIC RESOURCES Other impacts: Yes No IMPACT ON HISTORIC & ARCHAEOLOGICAL RESOURCES 11. Will proposed action impact any site or structure of historic, prehistoric or paleontological importance? Yes No Small to Moderate Impact Potential Large Impact Can Impact be Reduced by Project Change? Proposed action occurring wholly or partially within or contiguous to any facility or site listed on or eligible for the National or State Register of Historic Places. Yes No Any impact to an archaeological site or fossil bed located within the project site. Yes No Proposed action occurring wholly or partially within or contiguous to any site designated as a local landmark or in a landmark district. Action is more protective of historic district Yes No Other impacts: Yes No IMPACT ON OPEN SPACE & RECREATION 12. Will the proposed action affect the quantity or quality of existing or future open spaces or recreational opportunities? Yes No Small to Moderate Impact Potential Large Impact Can Impact be Reduced by Project Change? The permanent foreclosure of a future recreational opportunity. Yes No A major reduction of an open space important to the community. Yes No Other impacts: Yes No IMPACT ON UNIQUE NATURAL AREAS & CRITICAL ENVIRONMENTAL AREAS 13. Will the proposed action impact the exceptional or unique characteristics of a site designated as a unique natural area (UNA) or a critical environmental area (CEA)by a local or state agency? Yes No Proposed Action to locate within a UNA or CEA? Yes No Proposed Action will result in a reduction in the quality of the resource Yes No Proposed Action will impact the use, function or enjoyment of the resource Yes No Other impacts: Yes No IMPACT ON TRANSPORTATION 14. Will there be an effect to existing transportation systems? Yes No Small to Moderate Impact Potential Large Impact Can Impact be Reduced by Project Change? Alteration of present patterns of movement of people and/or goods. Yes No Proposed action will result in major traffic problems. Yes No Other impacts: Yes No IMPACT ON ENERGY 12 15. Will proposed action affect the community's sources of fuel or energy supply? Yes No Small to Moderate Impact Potential Large Impact Can Impact be Reduced by Project Change? Proposed action causing greater than 5% increase in any form of energy used in municipality. Yes No Proposed action requiring the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences. Yes No Other impacts: Yes No IMPACT ON NOISE & ODORS 16. Will there be objectionable odors, noise, glare, vibration or electrical disturbance during construction of or after completion of this proposed action? Yes No Small to Moderate Impact Potential Large Impact Can Impact be Reduced by Project Change? Blasting within 1,500 feet of a hospital, school, or other sensitive facility? Yes No Odors will occur routinely (more than one hour per day) Yes No 13 IMPACT ON NOISE & ODORS (cont.) Proposed action will produce operating noise exceeding the local ambient noise levels for noise outside of structure. Yes No Proposed action will remove natural barriers that would act as a noise screen. Yes No Other impacts: Yes No IMPACT ON PUBLIC HEALTH 17. Will proposed action affect public health and safety? Yes No Small to Moderate Impact Potential Large Impact Can Impact be Reduced by Project Change? Proposed action will cause a risk of explosion or release of hazardous substances (i.e., oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there will be a chronic low-level discharge or emission. Yes No Proposed action may result in the burial of “hazardous wastes” in any form (i.e., toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) Yes No Proposed action may result in the excavation or other disturbance within 2,000 feet of a site used for the disposal of solid or hazardous wastes. Yes No Proposed action will result in the handling or disposal or hazardous wastes (i.e., toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc., including wastes that are solid, semi-solid, liquid or contain gases.) Yes No Storage facilities for 50,000 or more gallons of any liquid fuel. Yes No Use of any chemical for de-icing, soil stabilization or the control of vegetation, insects or animal life on the premises of any residential, commercial or industrial property in excess of 30,000 square feet. Yes No Other impacts: Yes No IMPACT GROWTH & CHARACTER OF COMMUNITY OR NEIGHBORHOOD 18. Will proposed action affect the character of the existing community? Yes No Small to Moderate Impact Potential Large Impact Can Impact be Reduced by Project Change? The population of the City in which the proposed action is located is likely to grow by more than 5% of resident human population. Yes No 14 IMPACT GROWTH & CHARACTER OF COMMUNITY OR NEIGHBORHOOD (cont.) The municipal budgets for capital expenditures or operating services will increase by more than 5% per year as a result of this proposed action. Yes No Proposed action will conflict with officially adopted plans or goals: Yes No Proposed action will cause a change in the density of land use. Yes No The proposed action will replace or eliminate existing facilities, structures, or areas of historic importance to the community. Yes No Development will create a demand for additional community services (e.g. schools, police, and fire, etc. Yes No Proposed action will set an important precedent for future actions. Yes No Proposed action will relocate 15 or more employees in one or more businesses. Yes No Other impacts: Yes No 19. Is there public controversy concerning the proposed action? Yes No Small to Moderate Impact Potential Large Impact Can Impact be Reduced by Project Change? Either government or citizens of adjacent communities have expressed opposition or rejected the proposed action or have not been contacted. Yes No Objections to the proposed action from within the community. Yes No ― If any action in Part 2 is identified as a potential large impact, or if you cannot determine the magnitude of impact, proceed to Part 3. ― 15 16 City of Ithaca Full Environmental Assessment Form (FEAF) — Part III Proposed Rezoning of Portions of R-U Zoning District to R-3a & R-3aa November 19, 2014 PROPOSED ACTION The proposed action is to amend the R-U Zoning District to allow for future development that will preserve the open space, park-like character, and historic quality of the existing neighborhood. The following specific changes are proposed: • Properties that are less than 60,000 SF are permitted to have only one primary structure on the lot. Properties greater than 60,000 SF may have two primary uses, if approved by Ithaca Landmarks Preservation Commission (ILPC) or Planning Board. Properties with at least 90,000 SF can have as many as 3 primary uses if approved by ILPC or Planning Board. • New construction of certain muti-unit uses is restricted to 1 every 500 feet. • The minimum lot size requirements for fraternities, sororities, group homes, and any other uses not specifically listed is increased to 30,000 SF. • The minimum required street frontage for other uses not specifically listed is increased from 75 feet to 125 feet. • The maximum allowable building height is reduced from 4 stories to 3 stories. • The maximum lot coverage by buildings is reduced from 30% to 25%. In addition, properties are required to retain 50% of the developable lot area, after all setback requirements have been calculated, as greenspace. ENVIRONMENTAL IMPACTS Impact on Historic Resources—Small to Moderate Impact The R-U Zoning District is located partially within the nationally and locally designated Cornell Heights Historic District; however, the proposed amendments will offer some additional protection to the historic character of this area. Proposed Revisions to the R-U Zoning Ordinance Comments Received and Staff Responses January 6, 2015 1. The circulated proposal only addressed changes to the District Regulations Chart. Is the intent to make changes as well to the text of the Zoning Ordinance itself (Chapter 325 of the City Code) - e.g., to define or explain new terms)? (Comment received from Historic Ithaca – November 6, 2014 memo) Staff Response: Yes, enclosed is the proposed ordinance with the specified changes to the City code. 2. Under the first section "Permitted Uses 3-8 are restricted to 1 every 500'" This phrasing seems vague. Is it "1 every 500'" beginning at the property line? Is it measured from the road curb? From another point? It seems that it needs more specific wording to avoid any legal confusion. The proposed rule is not sufficiently protective of existing character and the goal of "low-density." It could encourage the development of larger or consolidated multiple dwellings designed to maximize size and lot coverage. A more protective approach would be to allow multiple dwellings (of any sort) only by special permit. (Comment received from Historic Ithaca –November 6, 2014 memo) Staff Response: The 500 foot required distance between any new construction of structures with multiple dwelling units is measured from the edge of the property line where the multi-dwelling unit structure is located. This measurement is specified in the enclosed draft ordinance, as follows: “Permitted Uses 3-8 are restricted to 1 every 500 feet for new construction, measured from the edge of the property line” 3. Maximum Building Height: Height in Feet is stated as 40. Where does this measurement begin and end? Is it from the lowest visible portion of the building to the topmost portion of the roof? Again, some specific wording seems desirable. (Comment received from Historic Ithaca –November 6, 2014 memo) Staff Response: The measurement of building heights is specified in the City Code in § 325-3. Definitions and word usage, and reads as follows: Chapter 325. ZONING- Article I. General Provisions § 325-3. Definitions and word usage HEIGHT OF BUILDING The vertical distance measured from grade plane to the highest level of a flat or mansard roof or to the average height of a pitched, gabled, hip or gambrel roof, excluding bulkheads, housing for mechanical equipment, towers and similar constructions not intended for human occupancy or necessary equipment carried above roof level. Where a building contains sections of a roof of varying heights, the height of that building shall be measured using that section of the roof that has the highest elevation from grade plane. See the definition for determining grade plane. 4. Maximum Percent Lot Coverage by Buildings "50% of the developable lot area, after the required setbacks have been calculated, must be retained as green space." Again, how will this be defined? Green space as interpreted to mean a lawn grass, treed area, planted area that is strictly unavailable for any vehicle parking? (Comment received from Historic Ithaca –November 6, 2014 memo) Staff Response: Green Space is a defined term in the City Code in § 325-3. Definitions and word usage, and reads as follows: Chapter 325. ZONING- Article I. General Provisions § 325-3. Definitions and word usage GREEN SPACE A portion of a lot that is set aside for public or private use without any construction or parking areas. The space may be used for passive or active recreation, may be reserved to protect natural areas, or may serve as a buffer between adjacent lots or uses. The area may be naturally occurring or landscaped. Where a minimum green space requirement applies, at least 75% of the required area shall be softscape including trees, shrubs, natural plantings, garden areas, lawns, and other live vegetative coverings. The remaining area may include pedestrian amenities such as sidewalks or patios. Required green space must be permanently maintained in a healthy growing condition at all times. 5. Yard Dimensions - this section does not specify width or length and needs to be expressed more clearly. (Comment received from Historic Ithaca – November 6, 2014 memo) Staff Response: The draft ordinance lists a minimum lot width at street front and also a minimum lot size. For a multiple dwelling use the minimum street frontage is 125 feet and the minimum lot size is 16,500 square feet. Therefore, if it were a regular shaped property, the minimum length would be approximately 150 feet. However, we do not specify minimum property lengths in any of our ordinances. 6. In the first page Summary of General Intent: Is the aim of the R‐U zone still to  provide a walkable location for student housing development as part of  maintaining the open space, park‐like character, and historic quality of the  existing neighborhood?   (Comment received from Historic Ithaca – November 6, 2014 memo) Staff Response: The Cornell Heights Historic District, as listed in the whereas section of the proposed ordinance, was developed as a planned “residence park,” with significant amounts of green space and informal landscaping in the Romantic tradition intentionally retained around its expansive homes to create a unique neighborhood identity. The intent of the proposed ordinance is to preserve this goal, by protecting the historic character, protecting the neighborhood from additional high density development and keeping all future development at a scale that is consistent with the neighborhood. 7. Maximum Lot Coverage: Suggest a "sliding scale" where maximum allowable coverage % decreases as lot size increases (to limit the possibility of massive projects). "Developable lot area" needs to be defined. What counts as "developable," what doesn't? (Comment received from Historic Ithaca – November 6, 2014 memo) Staff Response: Developable area is referring to the portion of the property that can be developed on once all required setbacks are removed. 8. General comment: If the City's intent truly is for Cornell Heights to be a "low density neighborhood," as proposed in the new Comprehensive Plan, allowing new multiple dwellings, as of right, would appear to be inconsistent with this goal. Density can be gauged not just by the proximity of buildings, but also by population and intensity of use. (Comment received from Historic Ithaca – November 6, 2014 memo) Staff Response: This district has been developed as a low density mixed residential district with many existing multi-unit dwelling structures. If the City were to amend the zoning to prohibit multi-dwelling unit structure, all of these existing structures would become non conforming uses. This would require these properties to obtain a variance in order to make any alterations to their existing structures in the future. This is not the intent of the proposed amendments to the R-U district. The intent is to maintain and protect the historic mixed residential character of the district and to not increase the number of multi-dwelling unit structures. The proposed ordinance specifies that any new construction of multi-dwelling unit structures must be 500 feet away from any existing multi-dwelling unit structure. Given the existing structures, this will not allow for additional multi-dwelling units structures in this district unless existing structures are removed.     CITY OF ITHACA  108 East Green Street, Ithaca, New York  14850‐6590    COMMON COUNCIL  Joseph “Seph” Murtagh, Second Ward Alderperson  Email: jmurtagh@cityofithaca.org         To: Planning and Economic Development Committee  From: Seph Murtagh, Chair  Re: Noise Ordinance Reform  Date: December 3, 2014    The purpose of this memo is to provide background information regarding a proposal to amend City  of Ithaca Code §240, City of Ithaca Noise Ordinance. In 2013, the City hired consultant Eric M.  Zwerling, M.S. from the Rutgers Noise Technical Assistance Center (Department of Environmental  Sciences, Rutgers ― The State University of New Jersey) to assist the City in revising its noise  ordinance. This effort was initiated in response to noise disputes that had been arising around the  city (especially between commercial and residential uses), as well as complaints about the  vagueness of the City’s current ordinance. Mr. Zwerling visited Ithaca, gathered public input, met  with interested parties, and conducted sound tests at various sites around the city. His main task  was to produce a draft of a new noise ordinance.     To summarize the major changes, the new ordinance would:   *add some new definitions to the code (e.g., “multiuse property,” “commercial use     property”)   *create new standards for the primary Commons and City parks   *establish city‐wide permissible noise levels   *establish special provisions for commercial establishments serving food and alcohol   *add new regulations for unamplified human voice and motor vehicles     At the November 12, 2014 meeting of the Planning and Economic Development committee,  committee members reviewed the draft proposal and proposed amendments, including removal of  rule that stipulates that residents located within 200 feet of commercial zone will be held to less  restrictive standard. Please find an enclosed draft that reflects these amendments. I’ve also  enclosed a proposed revision to section 240‐8 (sound level table). If the committee is willing, we  will pass this along to Common Council for possible adoption at our February Council meeting. If  you have any questions, feel free to contact me at 585‐703‐2582.     Sincerely,    Seph Murtagh     To: Planning and Economic Development Committee From: Seph Murtagh, Chair Re: Noise Ordinance Reform Date: January 6, 2015, 2014 The following is a proposed amendment to section 240‐8 of the new noise ordinance. I’ve clarified some language to make it easer to understand. I’ve also removed provisions addressing noise on Commons and City Parks as this is governed elsewhere in the code and could prove redundant. Also, I would like to propose extending 65 dba to midnight in commercial areas, as 10pm might prove too restrictive. We can discuss further at the meeting. In the meantime, if there are any questions, don’t hesitate to get in touch. Seph Murtagh   § 240-8 Maximum Permissible Sound Levels. In addition to prohibitions set forth elsewhere in this chapter, the following general prohibitions regarding sound levels shall apply in determining unreasonable noise: A. No person shall operate or cause to be operated any source of continuous sound from any use occupancy in such a manner as to create a sound level which exceeds the limits set forth in the receiving use occupancy category in Table I, when measured at or within the real property line of the receiving property. TABLE I MAXIMUM PERMISSIBLE SOUND LEVEL LIMITS BY RECEIVING LAND USE dBA Residential1 7:30 a.m. - 10:00 p.m. Residential 10:00 p.m. – 7:30 a.m. Commercial 2 7:30 a.m. – 12 a.m. Commercial 12am - 7:30 a.m. Industrial 24 hours OUTDOORS 60 50 65 55 75 INDOORS3 50 40 55 40 1. Property receptor located within an area that’s zoned residential.                                                                2. Property receptor located within an area that’s zoned commercial, including but not limited to those zones designated CBD, Waterfront, B, WDEZ, and MU (Collegetown Mixed-Use District). 3. The indoor permissible sound level limits will only apply if the sound source is on or within the same property as the receiving property, as in the case of a multi-dwelling unit building or a multi-use property (e.g., sound generated within a commercial unit of a multi-use property building and received within a residential unit of the same building). In addition, indoor measurements shall be taken if the property line between the receiving property and the source property is a common wall, floor or ceiling. (2) Impulsive Sound: No person shall make, cause, allow or permit the operation of any impulsive source of sound within any and all property in the city which has a maximum sound pressure level in excess of eighty (80) dBA, when measured at or within the real property line of the receiver. If an impulsive sound is the result of the normal operation of an industrial or commercial facility and occurs more frequently than four (4) times in any hour the levels set forth in Table I shall apply. B. Sources of Sound on Ithaca Primary Commons or Any City Park In addition to those specific prohibition set forth in Table I of this Section, no person shall make, cause, allow, or permit any source of sound on the Ithaca Primary Commons or any city park that exceeds 70 dBA during daytime hours and 60 dBA during nighttime hours when measured at a distance of 25 feet or more from the source. C. Commercial establishments serving alcohol or food, or presenting live or recorded musical performances    In addition to those specific prohibitions set forth in Table I of this Section, commercial establishments such as bars, restaurants, cabarets, or performance venues shall conform to the following standards: (1) There shall be no sound production device on the exterior of the establishment or inside the establishment at a distance of less than ten feet to an open door or window towards which it is oriented, without a permit. (2) There shall be no outdoor gaming devices.   An Ordinance to Amend the City of Ithaca Municipal Code, Chapter 240, Entitled “Noise,” in Order to Incorporate Decibel Standards ORDINANCE __-2014 WHEREAS, the City’s noise ordinance has long contained a useful, subjective standard for identifying unreasonable noise; and WHEREAS, that subjective standard continues to be applicable to many of the noise determinations made by the City; and WHEREAS, certain other noise determinations have posed difficult determinations for the City that could be better resolved under an objective decibel-based standard for identifying unreasonable noise; and WHEREAS, the City retained an outside consultant to assist in the drafting of a noise ordinance which, as presented herein, retains the subjective standard and supplements it with a subjective standard; and WHEREAS, it is the intent of the Common Council that the subjective standard herein be more commonly applied by the City, and in particular its police officers, in the first instance, but that said officers may select to employ the objective standard herein in the first or subsequent instance, as in their judgment appropriate to a particular situation; now therefore BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Findings of Fact. The Common Council finds that, despite the continuing utility of the City’s subjective standard for identifying unreasonable noise, certain noise determinations, and particularly those situations of an ongoing or repetitive nature, may be better resolved under an objective decibel-based standard for identifying unreasonable noise. Section 2. Amendment. Chapter 240 of the Municipal Code of the City of Ithaca shall be amended in its entirety so as to read as follows: § 240-1Title. This chapter shall be known and may be cited as the "City of Ithaca Noise Ordinance." § 240-2Purpose. The purpose of this chapter is to preserve the public health, peace, welfare and good order by suppressing the making, creation or maintenance of excessive, unnecessary, unnatural or unusually loud noises which are prolonged, unusual and unnatural in their time, place and use and which are detrimental to the environment. It is also the purpose of this chapter to allow all residents of the City to coexist harmoniously in a manner which is mutually respectful of the interests, rights and obligations of all persons. § 240-3Definitions. [Amended 9-1-2004 by Ord. No. 2004-14] Unless the context otherwise clearly indicates, the words and phrases used in this chapter are defined as follows: ANSI The American National Standards Institute or its successor bodies. A-WEIGHTED SOUND LEVEL The sound pressure level in decibels as measured on a sound level meter using the A- weighted network. The level so read is designated "dBA". All references to "decibel" shall be presumed to mean "dBA" unless otherwise specified. COMMERCIAL USE PROPERTY Any premises containing businesses where sales, offices, professional services, or other commercial use is legally permitted. CONTINUOUS SOUND Any sound that is not impulse sound. DAYTIME HOURS The hours between 7:30 a.m. and 10:00 p.m., local time, on any day. dBA The A-weighted sound level in decibels. DECIBEL A unit for measuring the volume of a sound, equal to the logarithm of the ratio of the sound pressure of the sound to the sound pressure of a standard sound (0.0002 microbar); abbreviated "dB." EMERGENCY WORK Work made necessary to restore property to a safe condition following a public calamity or work necessary to protect persons or property from an imminent exposure to danger. IMPULSIVE SOUND A sound of short duration, usually less than one second, and of high intensity, with an abrupt onset and rapid decay. INDUSTRIAL USE PROPERTY Any premises engaged in the manufacturing, processing, production, or shipping, of equipment or materials, including storage yards, shall be considered industrial use, where legally permitted. MOTOR VEHICLES Includes but is not limited to automobiles, trucks, buses, mopeds, minibikes and any other vehicles as defined by the Vehicle and Traffic Law of the State of New York, as it may be amended from time to time. MULTI-USE PROPERTY Any distinct parcel of land that is used for more than one category of activity (e.g., commercial and residential). NIGHTTIME HOURS The hours between 10:00 p.m., local time, on any day and 7:30 a.m. on the following day. PERSON Includes the singular and plural and also any individual; any property owner and/or lessee; any firm; a corporation; a political subdivision; a government agency, including any agency of the City of Ithaca; an association or an organization, including but not limited to officers, directors, employees, agents and/or independent contractors thereof; or any legal entity whatsoever. REAL PROPERTY LINE Means either (a) the vertical boundary that separates one parcel of property (i.e., lot and block) from another residential or commercial property; (b) the vertical and horizontal boundaries of a dwelling unit that is part of a multi-dwelling unit building; or (c) on a multi-use property as defined herein, the vertical or horizontal boundaries between the two portions of the properties on which different categories of activity are being performed. RESIDENTIAL USE PROPERTY Any property used for human habitation, unless habitation is a condition of employment, including, but not limited to: 1. Private property used for human habitation; 2. Commercial living accommodations and commercial property used for human habitation; 3. Recreational and entertainment property used for human habitation; 4. Community service property used for human habitation. SOUND-AMPLIFYING EQUIPMENT Any machine or device for the amplification of the human voice, instrumental music or any other sound. As used in this chapter, "sound-amplifying equipment" shall not include warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes or authorized fire horns or other authorized emergency alarms. SOUND-LEVEL METER An instrument that conforms to ANSI S1.4-1983 or its successors. SOUND SOURCE Any person or thing from which sound is created. UNREASONABLE NOISE A level of sound that is injurious or annoying or disturbing to be heard. § 240-4Unreasonable noise prohibited. [Amended 8-4-2004 by Ord. No. 2004-12] A. No person shall cause public inconvenience, annoyance or alarm or recklessly create a risk thereof by making unreasonable noise or by causing unreasonable noise to be made. B. For the purpose of implementing and enforcing the standard set forth in Subsection A of this section, "unreasonable noise" shall mean any sound created or caused to be created by any person which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of the public or which causes injury to animal life or damages to property or business. Factors to be considered in determining whether unreasonable noise exists in a given situation include but are not limited to any or all of the following: (1) The intensity of the noise. (2) Whether the nature of the noise is usual or unusual. (3) Whether the origin of the noise is associated with nature or human-made activity. (4) The intensity of the background noise, if any. (5) The proximity of the noise to sleeping facilities. (6) The nature and the zoning district of the area within which the noise emanates and of the area within 500 feet of the source of the sound. (7) The time of the day or night the noise occurs. (8) The time duration of the noise. (9) Whether the sound source is temporary. (10) The volume of the noise. (11) The existence of complaints concerning the noise from persons living or working in different places or premises who are affected by the noise. C. This section shall not be interpreted to prevent the issuance of permits pursuant to § 240-14 that will authorize particular sound sources. D. "Person" defined. For the purposes of this section: (1) For an offense that occurs on any public property where permission was obtained to use that public property, a "person" shall include the person or persons who obtained permission to utilize that property for that event. (2) For an offense that occurs on private property, a "person" shall include any adult person or persons who live in or on the property that is involved in the offense. (3) For an offense that occurs after granting of a permit pursuant to Article III of this chapter, a "person" shall include the person or persons who are listed on the permit. § 240-5Purpose of article. The provisions of this Article II complement and supplement the other provisions of this chapter and shall be interpreted and applied in accordance with and in addition to and not in lieu of those other provisions. The provisions of this article shall not be interpreted to prevent the issuance of permits pursuant to § 240-14 that will authorize particular sound sources. § 240-6Radios, television sets and similar sound-amplifying devices. Devices for sound amplification, production and reproduction. A. It shall be unlawful for any person anywhere in the City to use or to operate any radio or receiving set, musical instrument, phonograph, television set, any other machine or device for the producing or reproducing of sound or any other sound-amplifying equipment in a loud, annoying or offensive manner such that noise from the device interferes with the comfort, repose, health or safety or members of the public or recklessly creates a risk thereof, within any building or, outside of a building, at a distance of 25 feet or more from the source of such sound or interferes with the conversation of members of the public who are 25 feet or more from the source of such sound. [Amended 9-1-2004 by Ord. No. 2004-13] B. "Person" defined. For the purposes of this section: [Added 8-4-2004 by Ord. No. 2004-12] (1) For an offense that occurs on any public property where permission was obtained to use that public property, a "person" shall include the person or persons who obtained permission to utilize that property for that event. (2) For an offense that occurs on private property, a "person" shall include any adult person or persons who live in or on the property that is involved in the offense. (3) For an offense that occurs after granting of a permit pursuant to Article III of this chapter, a "person" shall include the person or persons who are listed on the permit. § 240-7 Parties and other social events. A. It shall be unlawful for any person in charge of a party or other social event that occurs on any private or public property to allow that party or event to produce noise in a loud, annoying or offensive manner such that noise from the party interferes with the comfort, repose, health or safety of members of the public within any building or, outside of a building, or recklessly creates the risk thereof, at a distance of 25 feet or more from the source of such sound. [Amended 9-1-2004 by Ord. No. 2004-13] B. For the purposes of this section, a "person in charge of a party or other social event": [Amended 9-1-2004 by Ord. No. 2004-13] (1) That occurs on any public property shall include the person or persons who obtained permission to utilize that property for that event. (2) That occurs on private property shall include the person who owns the premises involved and any adult person who lives in or on the premises involved in such party or social event. (3) Shall include the person who is listed on a permit granted pursuant to Article III of this chapter with respect to such event. C. For any violation of this section where beer is being served from a keg on the premises, the person to whom the keg is registered shall be presumed to be responsible for the violation, in addition to any person designated in Subsection A or B above. § 240-8 Maximum Permissible Sound Levels. In addition to prohibitions set forth elsewhere in this chapter, the following general prohibitions regarding sound levels shall apply in determining unreasonable noise: A. No person shall operate or cause to be operated any source of continuous sound from any use occupancy in such a manner as to create a sound level which exceeds the limits set forth in the receiving use occupancy category in Table I, when measured at or within the real property line of the receiving property. TABLE I MAXIMUM PERMISSIBLE SOUND LEVEL LIMITS BY RECEIVING LAND USE dBA Residential1 7:30 a.m. - 10:00 p.m. Residential2 7:30 a.m. - 10:00 p.m. All Residential 10:00 p.m. –7:30 a.m. Commercial 24 hours Industrial 24 hours OUTDOORS 60 65 50 65 75 INDOORS3 50 55 40 55 65 1. Residential receptor not within a commercial or industrial zone. 2. Residential receptor within a commercial or industrial zone, including but not limited to those zones designated CBD, Waterfront, B, WDEZ, and Industrial. 3. The indoor permissible sound level limits only apply if the sound source is on or within the same property as the receiving property, as in the case of a multi-dwelling unit building or a multi-use property (e.g., sound generated within a commercial unit of a multi-use property building and received within a residential unit of the same building). In addition, indoor measurements shall be taken if the property line between the receiving property and the source property is a common wall, floor or ceiling (2) Impulsive Sound: No person shall make, cause, allow or permit the operation of any impulsive source of sound within any and all property in the city which has a maximum sound pressure level in excess of eighty (80) dBA, when measured at or within the real property line of the receiver. If an impulsive sound is the result of the normal operation of an industrial or commercial facility and occurs more frequently than four (4) times in any hour the levels set forth in Table I shall apply. B. Sources of Sound on Ithaca Primary Commons or Any City Park In addition to those specific prohibition set forth in Table I of this Section, no person shall make, cause, allow, or permit any source of sound on the Ithaca Primary Commons or any city park that exceeds 70 dBA during daytime hours and 60 dBA during nighttime hours when measured at a distance of 25 feet or more from the source. C. Commercial establishments serving alcohol or food, or presenting live or recorded musical performances    In addition to those specific prohibitions set forth in Table I of this Section, commercial establishments such as bars, restaurants, cabarets, or performance venues shall conform to the following standards: (1) There shall be no sound production device on the exterior of the establishment or inside the establishment at a distance of less than ten feet to an open door or window towards which it is oriented, without a permit. (2) There shall be no outdoor gaming devices. § 240-9 Other Prohibited Acts A. Unamplified human voice. (1) No person shall make, continue, or cause to be made or continued, any unreasonable noise by use of the unamplified human voice. The unamplified human voice engaged at conversational levels shall be exempt from this provision if such sound is not plainly audible beyond 100 feet or does not infringe on the legitimate rights of others. Raised vocal effort, such as shouting, yelling or screaming, with intent to cause public inconvenience, annoyance or alarm or recklessly causing a risk thereof or that serves no legitimate purpose, when audible at distances greater than 100 feet, is prima facie evidence of a violation of this provision. This shall not apply to spontaneous utterances such as laughter, exclamations of warning, or sporting events. (2) It shall be unlawful for any person to advertise, promote or sell anything by outcry within any area of the City zoned for residential uses, including all R and CR zones. The provisions of this section shall not be construed to prohibit the selling by outcry of merchandise, food and beverages at licensed sporting events, parades, fairs, circuses and other similar licensed public entertainment events. § 240-9 B. Machinery. It shall be unlawful for any person to operate or repair any machinery, motor vehicle, construction equipment or other equipment, pump, fan, air-conditioning apparatus or similar mechanical device or to engage in any commercial or industrial activity in any manner so as to create unreasonable noise as defined in § 240-4 of this chapter. In making such determination with respect to the matters governed by this section, additional factors to be considered shall include: A. (1) The necessity of the work being done. B. (2) The ability of the creator of the noise to minimize or reduce the amount of noise created or to otherwise minimize its adverse effects. § 240-10 C. Construction during nighttime hours. A. (1) Except for the purposes specified in Subsection B hereunder, during nighttime hours it shall be unlawful for any person within a residential zone or within 500 feet of a residential zone to operate construction equipment (including but not limited to any pile driver, steam shovel, pneumatic hammer, derrick or steam or electric hoist) or perform any outside construction or repair work so as to create noise. Any designated official of the City of Ithaca shall give a verbal warning that the violation exists and of the penalties that may result if the violation continues. B. (2) This section shall not be deemed to prohibit: (1) a. Work of an emergency nature. (2) b. Work of a domestic nature on buildings, structures or projects being undertaken by a person(s) residing in such premises; provided that, if any domestic power tool, including but not limited to mechanically powered saws, sanders, grinders and lawn and garden tools used outdoors, is operated during the nighttime hours, no person shall operate such machinery so as to cause noise within a residential building or across a residential real property boundary where such noise interferes with the comfort, repose, health or safety of members of the public within any building or, outside of a building, at 25 feet or more from the source of the sound. § 240-10. Motor Vehicles A. No person shall remove or render inoperative, or cause to be removed or rendered inoperative or less effective than originally equipped, other than for the purposes of maintenance, repair, or replacement, of any device or element of design incorporated in any motor vehicle for the purpose of noise control. No person shall operate a motor vehicle or motorcycle which has been so modified. A vehicle not meeting these requirements shall be deemed in violation of this provision if it is operated stationary or in motion in any public space or public right-of-way. B. No motorcycle shall be operated stationary or in motion unless it has a muffler that complies with and is labeled in accordance with the Federal Noise Regulations under 40 CFR Part 205. C No person shall operate any motor vehicle with an engine braking device engaged which does not have a muffler in good working order. D. Personal or commercial vehicular music amplification or reproduction equipment shall not be operated in such a manner that it is plainly audible at distance of 25 feet in any direction from the vehicle between the hours of 10:00 p.m. and 7:30 a.m. E. Personal or commercial vehicular music amplification or reproduction equipment shall not be operated in such a manner that is plainly audible at a distance of 50 feet in any direction from the operator between the hours of 7:30 a.m. and 10:00 p.m. § 240-11 Applicability of section. Section 240-6, 240-7, 240-8 and 240-9 shall be applied in addition to § 240-4. § 240-12 Severability If any provision of this ordinance is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, the remaining provisions of the ordinance shall not be invalidated. § 240-12Continuing noise. It shall be unlawful for any person to make or continue or cause to be made or continued any loud, unnecessary or unusual noise or sound which shall exceed the permitted noise levels specified in this chapter. Any designated official of the City of Ithaca may issue a verbal warning that the violation exists and of the penalties that may ensue. § 240-13Horns and alarms. Exceptions This chapter shall not apply to fire horns or other alarms authorized by the Fire Department or Police Department and operated in accord with that authorization. The provisions of this chapter shall not apply to: A. Sound and vibration emitted for the purpose of alerting people in an emergency or in the performance of the response to an emergency. B. Sounds connected with any authorized carnival, fair, exhibition, parade or community celebration or from any municipally sponsored celebration, event, activity or individually sponsored event where a permit or other relevant permission has been obtained from the City. C. The operation or use of any bell, chimes, or other instrument from any church, synagogue, temple, mosque or school licensed or chartered by the State of New York, provided such operation or use does not occur during nighttime hours. D. Sounds created by any government agency by the use of public warning devices. E. Noise from domestic power tools, lawn mowers, leaf blowers and agricultural equipment when operated with a muffler between the hours of 8:00 a.m. and 8:00 p.m. on weekdays and 9:00 a.m. and 8:00 p.m. on weekends and legal holidays, provided they produce less than 75 dBA at or within any real property line of a receiving residential property. F. Noise from snow blowers, snow throwers, and snow plows when operated with a muffler for the purpose of snow removal. G. Noise from an exterior burglar alarm of any building or motor vehicle provided such burglar alarm shall terminate its operation within five (5) minutes after it has been activated. H. Sounds created by any governmental agency or railroad agency by the use of public warning devices or created by public utilities in carrying out the normal operations of their franchises. § 240-14 Permit procedures for certain activities events of a temporary duration. [Amended 9-1-2004 by Ord. No. 2004-14; 5-4-2005 by Ord. No. 2005-06] Except as provided for in § 157-8 of the City Code regarding the Ithaca Commons: A. Where a sound source exists, is planned, installed or intended to be installed or modified by any person in a manner that such source will create or is likely to create unreasonable noise or otherwise fail to comply with the provisions of this chapter, such person must secure a permit pursuant to Subsection D of this section. B. Where any person uses or plans to use any sound-amplifying equipment in such a way that such equipment is or will be heard outside of any building or vehicle between 10:00 p.m. of any day and 7:30 a.m. of the next day, such person must secure a permit pursuant to Subsection D of this section. C. Where any person uses or plans to use a public-address system that will make sound outside of a building, such person must secure a permit pursuant to Subsection D of this section. D. Applications shall be submitted at least 72 hours in advance of an event. The application for the permit shall provide the following information: (1) The reasons for such usage, including a demonstration why it is desirable or necessary that the sound source involved be authorized by a permit pursuant to this section. (2) Plans and specifications of the use. (3) Noise-abatement and -control methods to be used with respect to the sound source involved. (4) The period of time during which the permit shall apply. (5) The name of the person(s) who is responsible for ensuring that the activity complies with any permit issued for it pursuant to this section. (6) If required by the party issuing the permit, proof that notification of the application for the permit has been given to each person reasonably expected to be affected by the noise, the content of such notification and the manner in which such notification has been given, if the event is not a community-wide or public event. The notification shall state that any person objecting to the granting of such permit may contact the appropriate city department to which the application is being made to express his/her opposition to the granting of the permit. E. The application shall be made to the Superintendent of Public Works, or his/her designee, in connection with construction work on public rights-of-way or in parks; to the Director of Planning and Development, or his/her designee, for all other construction projects; and for others to the Mayor or his/her designee. The issuance of permits shall be discretionary, and a permit shall be issued only where the responsible official determines that such permit is reasonable and necessary and will allow an activity that is consistent with the general purposes of this chapter, as stated in § 240-2. When determining if a permit should be issued, factors the official shall consider shall include but are not limited to the volume of the noise, the proximity of the noise to sleeping facilities, the time of the day or night the noise occurs, the time duration of the noise, and the impact of the noise on persons living or working in different places or premises who are affected by the noise. Any permit granted shall state that the permit only applies to this chapter, and that § 240.20, Subdivision 2, of the Penal Law of the State of New York, Disorderly Conduct, provides that “a person is guilty of disorderly conduct when, with intent to cause public inconvenience, annoyance or alarm or recklessly creating a risk thereof: . . . he makes unreasonable noise." [Amended 6-5-2013 by Ord. No. 2013-15[1]] [1]: Editor's Note: This ordinance provided for an effective date of 1-1-2014. F. In order to further the purposes of this chapter and to facilitate its implementation and enforcement, the Superintendent of Public Works, the Director of Planning and Development and the Mayor, or their designees, shall have authority to impose such conditions as they determine are reasonable and necessary on permits they issue pursuant to this section. Such conditions may govern factors which include but are not limited to the time and location the involved sound source may be utilized. [Amended 6-5-2013 by Ord. No. 2013-15[2]] [2]: Editor's Note: This ordinance provided for an effective date of 1-1-2014. G. The Superintendent of Public Works, the Director of Planning and Development and the Mayor or their designees shall provide the Chief of Police with a copy of any permit issued pursuant to this section. [Amended 6-5-2013 by Ord. No. 2013-15[3]] [3]: Editor's Note: This ordinance provided for an effective date of 1-1-2014. § 240-15 Variances The Mayor or his/her designee may grant for a sustained duration an individual variance from the limitations prescribed in this article whenever it is found, after a noticed public hearing before the Mayor, or his/her designee and upon presentation of adequate proof, that compliance with any part of this article will impose an undue economic burden upon any lawful business, occupation or activity, and that the granting of the variance will not result in a condition injurious to health or safety. A. Any variance, or renewal thereof, shall be granted within the requirements of division (A) of this section and for time periods and under conditions consistent with the reasons therefore, and within the following limitations: 1. If the variance is granted on the grounds that compliance with the particular requirement or requirements will necessitate the taking of measures which, because of their extent or cost, must be spread over a considerable period of time, it shall be for a period not to exceed such reasonable time as, in the view of the Mayor or his/her designee, is requisite for taking of the necessary measures. A variance granted on the ground specified in this division shall contain a timetable for taking of action in an expeditious manner and shall be conditioned on adherence to the timetable; or 2. If the variance is granted on the ground that it is justified to relieve or prevent hardship of a kind other than that provided for in division (1) of this division (B), it shall be for not more than one year. B. Any person seeking a variance shall file a petition for variance and a $50 filing fee with the Mayor or his/her designee. The Mayor or his/her designee shall thereafter conduct a noticed public hearing in accordance with this section, accept documentary and testimonial evidence in accordance with accepted administrative hearing procedures, and make a final decision regarding the granting of the variance. C. Written notice of the public hearing, the time and place of which shall be set by the Mayor or his/her designee, shall be mailed by the petitioner at least 10 days prior to the hearing, with proof of mailing provided to the Mayor at least 8 days prior to the hearing, to: 1. the owners as shown by the records of the County Assessor of lots comprising the site of the variance and lots within 200 feet, excluding public right-of-way, of the site of the variance; 2. any neighborhood association if the site of the variance is within the neighborhood association’s boundaries or within 200 feet of the neighborhood association’s boundaries, excluding public right-of way. 3. any other person or entity that has filed with the Mayor a request to receive a notice of the variance proceeding. D. The notice of hearing shall set forth the name and address of the petitioner, the location of the site of the variance, that the petitioner has requested a variance from this ordinance, the nature of the requested variance, and that part of the ordinance that would be-waived if approved. E. Following the hearing, the Mayor or his/her designee shall render a written final decision including findings of fact and conclusions of law. The Mayor or his/her designee shall mail the decision to all parties of record. § 240-16 Penalties for offenses; presumptions. A. Any person who shall violate any provision of this chapter shall be punishable by a fine not to exceed $500 or imprisonment of not more than 15 days, or not more than 100 hours of community service or any combination of such fine and imprisonment and not less than $100 or 25 hours of community service; provided, however, that a person who shall violate any provision of this chapter after having been convicted of a violation of any provision of this chapter within the preceding three years shall be punishable by a fine not to exceed $750 or by imprisonment of not more than 15 days, or not more than 125 hours of community service or, any combination of such fine and imprisonment and not less than $200 or 40 hours of community service; and further provided that any person who shall violate any provision of this chapter after having been convicted two or more times of a violation of any provision of this chapter within the preceding three years shall be punishable by a fine not to exceed $1,000 or by imprisonment of not more than 15 days, or not more than 125 hours of community service, or any combination of such fine and imprisonment, and not less than $300 or 50 hours of community service. For any penalties of community service, the court may accept community service from people other than the defendant whom the court deems appropriate, such as other residents of the premises or others who choose to accept responsibility for the violation. In assessment of the above penalties, aggravating factors shall include but not be limited to the presence of the following factors: (1) A common source of alcohol such as a keg; (2) A live band or disc jockey or other live entertainment; (3) Amplified sound emanating from speakers placed or directed outside of the building; (4) A charge to gain entrance into the premises or to consume alcohol; (5) A violation of § 250.8 (public urination) of this Code on the premises; (6) The offense takes place after midnight on weekdays and 1:00 a.m. on weekends and before the following 6:00 a.m.; (7) More than 25 guests on the premises, "guests" being defined for the purposes of this section as any people who do not reside at the premises; (8) Any underage person or persons possessing or consuming alcohol on the premises, each underage person constituting a separate aggravating circumstance; (9) More than one complaint made to the police about the noise, each complaint after the first being a separate aggravating circumstance. B. For purposes of this chapter, for any offense that takes place on private property, if the person or persons directly responsible for the activity that violates any provision of this chapter cannot be determined, then all residents of the property on which the activity takes place shall be presumed to be responsible for the violation. Section 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 4. Effective Date. This ordinance shall take effect June 1, 2015, and in accordance with law after publication of notices as provided in the Ithaca City Charter. CITY OF ITHACA 108 East Green Street — 3rd Floor Ithaca, New York 14850-5690 DEPARTMENT OF PLANNING AND DEVELOPMENT JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT Telephone: Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6559 Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org Fax: 607-274-6558 Fax: 607-274-6558 To: Planning and Economic Development Committee FROM: Jennifer Kusznir Economic Development Planner DATE: December 4, 2014 RE: Review of the City of Ithaca Community Investment Incentive Tax Abatement Program (CIITAP) The purpose of this memo is to provide information regarding the City of Ithaca Community Investment Incentive Tax Abatement Program (CIITAP). On July 5, 2000, the Common Council unanimously requested that the Tompkins County Industrial Development Agency (“IDA”) undertake a program to provide financial incentives for development of multi-story buildings within a density target area encompassing the downtown central business district, the West State Street corridor, the West End, and Inlet Island. That program was accepted by the IDA in 2001 and remained in operation for five years. In 2006, the City endorsed the continuation of an IDA program of local tax abatements as a tool for encouraging appropriate real estate and business investment in the urban core of the city, and requested that the IDA establish the CIIP. Under this program projects would be reviewed by the community and evaluated by the Common Council, and if endorsed by the Common Council, proposed for recommendation by the Mayor to the IDA as eligible for tax abatements. In 2012, the City reviewed the CIIP policy and found that the extensive list of benefit requirements had resulted in an unsuccessful program. In the 6 years that the policy was in effect, only one developer was successful in applying to the CIIP program. In November of 2012, the Common Council endorsed the revised CIITAP program, which removed many of the benefit requirements and kept only requirements for size, density and location. In July of 2014, the CIITAP policy was revised to include additional requirements that the applicant have no outstanding fees or violations with the City on any other properties located in the City. When the Common Council endorsed the current CIITAP policy, it was requested that the policy be reviewed after 2 years. In the past two years the City has received 5 CIITAP applications, 3 in 2013 and additional 2 applications in 2014. The attached spreadsheet summarizes the applications that the City has received for the three iterations of the density tax abatement program since 2000. If you have any concerns or questions regarding any of this information, feel free to contact me at 274-6410. Pr o j e c t Y e a r In v e s t m e n t / E s t i m a t e d Pr o j e c t C o s t S q . F t . J o b s To t a l P r o p e r t y t a x e s p a i d t o Ci t y Ga t e w a y I ( o f f i c e s ) 2 0 0 2 $ 9 , 8 5 0 , 0 0 0 6 3 , 7 5 0 1 4 3 $ 5 5 2 , 7 1 8 Se n e c a P l a c e o n t h e C o m m o n s 2 0 0 4 $ 2 9 , 0 0 0 , 0 0 0 1 7 5 , 0 0 0 3 4 1 $ 7 0 2 , 2 9 1 Is l a n d H e a l t h & F i t n e s s 2 0 0 4 $ 6 , 7 5 0 , 0 0 0 5 6 , 0 0 0 1 0 7 $ 3 9 5 , 3 0 7 Ga t e w a y I I ( a p t s ) 2 0 0 5 $ 5 , 6 0 0 , 0 0 0 4 0 , 0 0 0 6 $ 1 6 4 , 5 4 0 Ca y u g a G r e e n I I 2 0 0 7 $ 1 6 , 7 8 0 , 0 0 0 1 2 5 , 7 0 0 4 8 $ 3 0 8 , 4 9 1 Su b - T o t a l $ 6 7 , 9 8 0 , 0 0 0 4 6 0 , 4 5 0 6 4 5 $ 2 , 1 2 3 , 3 4 7 It a l T h a i 2 0 1 1 $ 3 , 4 2 8 , 0 0 0 1 7 , 0 0 0 1 8 . 5 5 1 3 9 ( s i n c e 2 0 1 3 ) Su b - T o t a l $ 3 , 4 2 8 , 0 0 0 1 7 , 0 0 0 1 8 . 5 Ha r o l d ' s S q u a r e 2 0 1 3 $ 2 7 , 0 0 0 , 0 0 0 1 6 2 , 7 5 0 Ha r t H o t e l 2 0 1 3 $ 1 1 , 5 0 0 , 0 0 0 1 4 0 , 0 0 0 It h a c a M a r r i o t t 2 0 1 3 $ 1 7 , 0 0 0 , 0 0 0 1 0 0 , 0 0 0 Ca r e y B u i l d i n g 2 0 1 4 $ 5 , 7 0 0 , 0 0 0 3 0 , 5 0 0 13 0 E a s t C l i n t o n S t r e e t 20 1 4 $4 , 4 0 0 , 0 0 0 17 , 3 3 0 TC I D A D e n s i t y P o l i c y P r o j e c t s 20 0 1 - D e n s i t y A b a t e m e n t P r o g r a m 20 0 6 - C I I P A b a t e m e n t P r o g r a m 20 1 2 - C I I T A P Pe n d i n g