HomeMy WebLinkAbout12-09-15 Planning and Economic Development Committee Meeting Agenda
PEDC Meeting
Planning and Economic Development Committee
Ithaca Common Council
DATE: December 9th, 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 – Street Level Active Use
b) Presentation – Residential Energy Score
Project
3) Public Comment and Response from Committee
Members
4) Announcements, Updates, and Reports
5) Action Items (Voting to send on to Council)
a) Street Level Active Use
6) Action items (Voting to Circulate)
a) Changes to Exterior Property Maintenance
Ordinance (EPMO)
b) Planned Unit Development (PUD) –
Waterfront
7) Discussion
a) Backyard Chickens
8) Review and Approval of Minutes
a) October, November 2015
9) Adjournment
No
Yes
No
No
No
Yes
Yes
Yes
No
Yes
Yes
Seph Murtagh, Chair
Nick Goldsmith, Sustainability Coordinator
Jennifer Kusznir, Planning Staff
TBA
Jennifer Kusznir, Planning Staff
Josephine Martell, Committee Member
6:00
6:05
6:30
6:40
6:45
7:05
7:30
8:00
8:15
8:20
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, December 8th 2015.
CITY OF ITHACA
108 East Green Street Ithaca, New York 14850-5690
MAYOR’S OFFICE
NICK GOLDSMITH, SUSTAINABILITY COORDINATOR
Telephone: 607-274-6562
Email: ngoldsmith@cityofithaca.org
Fax: 607-274-6558
To: Planning and Economic Development Committee
From: Nick Goldsmith, Sustainability Coordinator
Date: December 3, 2015
RE: Residential Energy Score Project
Representatives from the Residential Energy Score Project will give a presentation to your
committee on December 9. Attached to this memo are a press release and a frequently asked
questions (FAQ) document, which will give you basic information about the project.
The main deliverables of this project – a voluntary home energy score program and a
corresponding implementation plan – are currently in development. The draft of the program and
implementation plan will be released for public review in January, revised as necessary, and then
brought back to this committee (as well as the boards of the other four participating municipalities)
in February for comments. After incorporating suggested changes, we would like to bring the final
documents back for official endorsement and/or approval by the City in March.
Please feel free to contact me with any questions at ngoldsmith@cityofithaca.org or on my cell at
917-270-1683.
Page 1 of 2
FOR IMMEDIATE RELEASE
5/27/15
CONTACT:
Emelie Cuppernell, Project Manager
607‐277‐6240 x277
Municipalities Launch Residential Energy Score Project
ITHACA, NY – Five Tompkins County municipalities are working together to develop a plan for scoring
the energy performance of local homes. The goal: to use market forces to improve the energy efficiency
of existing housing stock by providing meaningful home performance information to future home
buyers.
The Towns of Ithaca, Caroline, Danby and Ulysses, along with the City of Ithaca, are partners in the
Residential Energy Score Project. Tompkins County and Cornell Cooperative Extension of Tompkins
County are also providing guidance to the project, which draws inspiration from the growing number of
successful energy rating and disclosure programs across the country. Like fuel efficiency “MPG” ratings
for cars, the energy efficiency of homes can be measured in a standardized way. The project will study
such rating methods and consider how to create value for energy efficiency in the local housing market.
At this stage in the discussion, participants and stakeholders in a Technical Advisory Committee are
formulating the details of the program, which is expected to be developed by spring of 2016. The
committee includes representatives from realtors, builders, lenders, home performance contractors,
low‐income housing advocates, and utility companies.
“Home buyers not only ask about taxes, but they want to know about the energy efficiency of the
homes they are considering,” said Melissa Miller, 2015 President from the Ithaca Board of
Realtors®. “This is why the Ithaca Board of Realtors® developed a Green Features Statement to begin
capturing information about the homes listed in its multiple listing service.”
“Simply looking at the monthly utility costs of a home is not reliable,” said Greg Thomas, CEO of
Performance Systems Development (PSD), the Ithaca‐based energy efficiency consulting firm that is
managing the project’s development. “One homeowner may set the thermostat low, while another
keeps the windows open. The energy efficiency score will be a standardized rating based on the
attributes of the home, not the behavior of the occupants. These ratings create a market value for
investments in energy efficiency, allowing homeowners who make efficiency investments to recover
some or all of that cost upon the sale of their home.”
The program is supported by the New York State Energy Research and Development Authority
(NYSERDA) Cleaner, Greener Communities program. “Governor Cuomo's Reforming the Energy Vision
(REV) encourages all manner of clean energy and energy efficiency around the state. Rating the
efficiency of a home will help increase the value of these types of investments, while helping home
Page 2 of 2
buyers save energy costs and increase comfort,” said John B. Rhodes, President and CEO, NYSERDA.
“This is a great example of how an innovative community program can help promote the value of energy
efficiency improvements here and in other regions of the state.”
According to the Department of Energy, space heating and cooling accounts for more than 50 percent of
a typical U.S. home’s energy use, making it the largest energy expense for most homes. Home owners
can reduce these energy costs with improvements in insulation and air‐sealing. There are state
incentives as well as financing assistance to help homeowners make these improvements.
“We are excited about this project, which will help homeowners improve the comfort, quality, and value
of their homes, while also helping our region reduce its greenhouse gas emissions,” said Herb Engman,
Town of Ithaca Supervisor. The Town of Ithaca is the grant administrator for this project.
The Residential Energy Score Project officially kicked off in October 2014; since then, the group has
studied existing rating methods and programs and conducted legal research into municipal involvement
in such programs. The group expects to begin outreach efforts this summer to get feedback from the
public about the idea.
###
Updated Dec 02, 2015 Page 1 of 2
Residential Energy Score Project – Frequently Asked Questions
The Residential Energy Score Project (RESP) is a first‐of‐its kind project that is seeking to create strong market demand
for energy efficiency in existing houses and, by extension, to reduce utility costs for homeowners, to increase energy
literacy, and to help promote the county’s sustainability goals. RESP is a partnership of the Towns of Caroline, Danby,
Ulysses, and Ithaca, the City of Ithaca, Tompkins County, and Cornell Cooperative Extension. Project funding is provided
by NYSERDA through the Cleaner Greener Communities program.
The project aims to create a voluntary program where homeowners could get a home energy score that could be shared
with prospective buyers, tenants, or other interested parties. A local label is being developed that will provide
information about the energy efficiency of the physical structure of a home, including the heating system, air sealing,
and insulation. The project is currently in the program design phase, and is soliciting feedback from the community. The
project team aims to have a program and implementation plan endorsed by participating municipalities by spring 2016.
1. What is a “Home Energy Score”?
A home energy score, also called a home energy rating, is an easy‐to‐understand assessment of the relative energy
efficiency of a home. It is often compared to a miles‐per‐gallon (MPG) rating for a car. Two scoring systems that are
being used widely across the country are the Residential Energy Services Network’s Home Energy Rating System
Index (HERS Index, www.resnet.us/professional/rater/what‐is‐a‐hers) and the Department of Energy’s Home Energy
Score (DOE HES, www.energy.gov/eere/buildings/home‐energy‐score).
2. Why should I get a score for my house?
A home energy score will tell you how energy efficient your home is compared to other homes in our area. Knowing
your home energy score will also help you to find out how to improve your comfort, the indoor air quality, and save
money on your utility bills. The score will help you determine what work you could do to improve energy efficiency.
If you are selling your house, the score will give potential buyers an idea of the utility costs. If you are buying a
home, comparing scores will inform you of future utility costs. As more houses are scored and energy improvements
are made, we will be working toward meeting the County goals for an 80% reduction in greenhouse gas emissions by
2050.
3. Do I have to get a score for my house?
No. The end result of this project is to implement a voluntary program for home energy scores in the County. The
more homes that have an energy score the better educated the community is about energy use and the better
educated home buyers are in making decisions on purchases.
4. How do I get a score and who does it?
Right now, before we roll out a voluntary program, you can get a score by contacting HES or HERS professionals via
the following links:
HES: www.energy.gov/eere/buildings/home‐energy‐score‐partners;
HERS: www.resnet.us/directory/search.
More professionals will be needed in our area to meet the need of the voluntary program demand for home energy
scores.
5. Will I have to pay for it? How much does it cost?
The cost of a home energy score varies, depending on the rating system used. Our research shows that costs are
typically between $300 and $500. This project is actively studying how to make the process accessible and
Updated Dec 02, 2015 Page 2 of 2
affordable to our entire community, including low‐income populations. This may mean tying the rating to an existing
program or finding a source of funding to cover costs.
6. Is getting a rating complicated?
No, once you set up an appointment, the score professionals will need to be in your house for one to three hours.
7. Will a rating affect my home’s value?
There is no evidence that a home energy score will affect the assessed value or sale price of a home. This subject is
currently being researched.
8. How is a home energy score different from an energy audit?
The score gives a very brief overview of the energy efficiency of a home; this information fits on a small label. On the
other hand, an energy audit will produce an extensive report that provides much more detailed information about
the characteristics of the home and how it uses energy, the type and efficiency of energy‐using systems, and the
recommended improvements.
9. Will I have to make improvements to my home if I get a bad rating?
Getting a score does not require improvements, but gives you the information you need in order to make decisions
about the need for upgrades.
10. If I want to make improvements to my home, what can I do and what are the financing options?
If you are looking to do improvements, contact Cornell Cooperative Extension of Tompkins County for a list of
contractors (ccetompkins.org, 607‐272‐2292). NYSERDA maintains a list of statewide partners for every program
they offer: www.nyserda.ny.gov/Contractors/Find‐a‐Contractor.
Financing options are available through a number of NYSERDA programs.
Assisted Home Performance with Energy Star provides those who qualify with a discount covering 50% of
the cost of eligible energy efficiency improvements up to $5,000 per project for single‐family homes. Two‐ to
four‐unit residential homes with income‐eligible residents may qualify for a discount of up to $10,000:
www.nyserda.ny.gov/All‐Programs/Programs/Assisted‐Home‐Performance‐with‐ENERGY‐STAR
EmPower New York provides no‐cost energy efficiency solutions to income‐eligible New Yorkers:
www.nyserda.ny.gov/All‐Programs/Programs/EmPower‐New‐York
More programs are described here: www.nyserda.ny.gov/All‐Programs?category={71602961‐B593‐49A7‐
AD1B‐7D5EF547BDFF}
To find out more about local, state, and federal incentive programs, visit www.dsireusa.org.
11. Where can I learn more about energy scores?
Visit the RESP website at http://www.town.ithaca.ny.us/resp.
Here’s a link to the HERS Index: www.hersindex.com/ and here’s a short video about HERS:
www.youtube.com/watch?v=klGa1rUdydo
HES information: www.energy.gov/eere/buildings/home‐energy‐score; www.homescore.org/
Contact Nick Goldsmith at the Town of Ithaca to be added to a project update email list:
ngoldsmith@town.ithaca.ny.us
To: To
To: Planning and Economic Development Committee
From: Jennifer Kusznir, Economic Development Planner
Date: December 4, 2015
Re: Proposal to Require Street-Level Active Uses on the Primary Commons
The purpose of this memo is to provide information regarding a proposal to create a requirement for active
street-level uses on the primary Commons.
Street-level active uses encourage high levels of pedestrian activity and enliven the streetscape. Therefore,
staff is recommending that the City consider adopting requirements for ground-floor active uses on the
Commons. A draft ordinance is enclosed for your consideration.
The draft ordinance requires that all buildings located on the Primary Commons to have active uses on the
ground floor for the portion of the building fronting on the Commons. Active uses are defined as any of
the following:
Retail store or service commercial facility
Restaurant, fast-food establishment, or tavern
Theater, bowling alley, auditorium, or other similar public place of assembly
Hotel
Library, or fire station
Public park, or playground
Bank, or monetary institution
In addition, the proposed ordinance states that Additional uses may be permitted, if the Planning and
Development Board determines them to be an active use and grants special approval for the use.
This proposal was previously discussed at the October Planning and Economic Development meeting. At
that meeting staff was directed to draft and circulate the ordinance for comments. At the request of the
Committee an environmental review of this action has been completed, and the draft Full Environmental
Assessment Form and ordinance are 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 Tompkins County Planning Department and various other City staff and departments.
Enclosed are comments that have been received from the County, which states that this action is not
expected to have inter-municipal or countywide impacts. Also 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.
CITY OF ITHACA
108 East Green Street — 3rd Floor Ithaca, New York 14850-5690
DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT
Division of Planning & Economic Development
JOANN CORNISH, DIRECTOR OF PLANNING & ECONOMIC 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
Draft Resolution
12/4/15
An Ordinance Amending The Municipal Code Of The City Of Ithaca,
Chapter 325, Entitled “Zoning,” To Create a Requirement for
Street Level Active Uses on the Primary Commons – 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 proposal to amending the Municipal Code Of The City Of
Ithaca, Chapter 325, Entitled “Zoning,” To Create a Requirement
for Street Level Active Uses on the Primary Commons.
Draft Resolution
12/4/15
An Ordinance Amending The Municipal Code Of The City Of
Ithaca, Chapter 325, Entitled “Zoning,” To Create a
Requirement for Street Level Active Uses on the Primary
Commons – Declaration of Environmental Significance
1. WHEREAS, The Common Council is considering a proposal to
amend the Municipal Code of the City Of Ithaca, Chapter
325, Entitled “Zoning,” To Create a Requirement for
Street Level Active Uses on the Primary Commons, and
2. WHEREAS, the appropriate environmental review has been
conducted, including the preparation of a Full
Environmental Assessment Form (FEAF), dated October 26,
2015, and
3. WHEREAS, the proposed action is a “TYPE I” 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 Short
Environmental Assessment Form, dated October 26, 2015,
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.
CITY OF ITHACA
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 e asy 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 be en
orderly, comprehensive in nature, yet flexible enough to allow introduction of information t o fit a project or action.
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 & 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 sig nificant 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: Amendment to CBD Zone Requiring Street-Level Active Uses on Primary Commons
Name of Lead Agency: City of Ithaca
Name and Title of Responsible Officer in Lead Agency: Mayor Svante Myrick
Signature of Responsible Officer in Lead Agency: __________________
Signature of Preparer: __________________
Date: 10/26/15
Page 2
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: Amendment to CBD Zone Requiring Street-Level Active Uses on Primary Commons
Location of Action: City of Ithaca
Name of Applicant/Sponsor: City of Ithaca
Address: 108 East Green Street, Ithaca, NY 14850
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:
Page 3
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: ________
2. Total area of project area: ~12.5 Acres (chosen units also apply to following section)
Approximate Area (units in Question 2 apply to this section) Currently After Completion
2a. Meadow or Brushland (non-agricultural)
2b. Forested
2c. Agricultural
2d. Wetland [as per Articles 24 of Environmental Conservation Law (ECL)]
2e. Water Surface Area
2f. Public 1.5 1.5
2g. Water Surface Area
2h. Unvegetated (rock, earth or fill)
2i. Roads, buildings and other paved surfaces 11 11
2j. Other (indicate type)
3a. What is predominant soil type(s) on project site (e.g., HdB, silty loam, etc.): Howard Chenango/Urban Fill
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% 100 % 10-15% %
15% or greater %
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 If yes, identify:
Commons National Registered Historic District
Dewitt Park Historic District -Local & National
6b. Or designated a local landmark or in a local
landmark district?
Yes No N/A
Masonic Temple
Ithaca Electric & Gas-123 S. Cayuga Street
7. Do hunting or fishing opportunities presently
exist in the project area? Yes No N/A If yes, identify each species:
Page 4
A. SITE DESCRIPTION (concluded)
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
If yes, 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:
Outdoor Pedestrian Mall
11. Does the present site offer or include scenic views
known to be important to the community? Yes No N/A
If yes, describe:
East and West Hill
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
If yes, describe:
13. Streams within or contiguous to project area:
N/A
a. Names of stream or name of river to which it is a
tributary: N/A
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: 1.6 (paved surfaces owned by City)
1b. Project acreage developed: 12.5 acres initially 12.5 acres ultimately
1c. Project acreage to remain undeveloped: N/A
1d. Length of project in miles: (if appropriate) 1,350 feet
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
Page 5
1g. Maximum vehicular trips generated (upon completion of project) per day: N/A and per hour: N/A
1h. Height of tallest proposed structure: N/A feet. No structures are proposed;
1j. Linear feet of frontage along a public street or thoroughfare that the project will occupy? 1,350 feet
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 N/A year (including demolition)
7c. Approximate completion date of final phase: N/A month N/A 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 (e.g., 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.) N/A
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: N/A
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:
Page 6
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: Some
areas being re-zoned are located within Ithaca Commons Nationally Registered Historic District
and nearby to locally registered historic buildings.
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: N/A
C. ZONING AND 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? CBD-60, CBD-85, CBD-100, CBD-140
3. If the site is developed as permitted by the present zoning, what is the maximum potential development?
N/A-This proposal will not affect maximum potential development
4. Is proposed use consistent with present zoning? Yes No N/A
5. If #4 is no, indicate desired zoning: Amended CBD Zoning
6. If the site is developed by the proposed zoning, what is the maximum potential development of the site?
The proposed zoning amendment will not have an impact on maximum potential buildout
7. Is the proposed action consistent with the recommended uses in adopted local land-use plans?
Yes No N/A; If no, explain:
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-1a, B-1b, B-2d, B-2c, B-2d, B-4, C-SU, CBD-100, CBD-120, CBD-140,CBD-50,
CBD-60, CBD-85, P-1, R-1a,R-1b, R-2a, R-2b, R-3a, & R-3aa
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? N/A
11. Will the proposed action create a demand for any community-provided services? (e.g., 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
Page 7
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.
F. VERIFICATION
I certify the information provided above is true to the best of my knowledge.
Applicant/Sponsor Name: City of Ithaca
Name: Jennifer Kusznir
Title: Economic Development Planner
Signature: ____________________________
Page 8
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
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?
Page 9
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-hour period
per day. Yes No
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
Page 10
Other impacts: Yes No
IMPACTS ON PLANTS AND 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: X 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
Other impacts: Yes No
IMPACT ON HISTORIC & ARCHAEOLOGICAL RESOURCES ― See Part III
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?
Page 11
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.
Yes No
Other impacts: Yes No
IMPACT ON OPEN SPACE AND 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 AND 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
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?
Page 12
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 AND 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
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
Page 13
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 AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD
18. Will proposed action affect the character
of the existing community?
See Part III 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
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? TBD― See Part III
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 II is identified as a potential large impact, or if you cannot determine the
magnitude of impact, proceed to Part III.
Page 14
City of Ithaca
Full Environmental Assessment Form (FEAF) — Part III
Proposed Amendment to CBD Zone Requiring Street-Level Active Uses on Primary Commons
October 26, 2015
PROPOSED ACTION
The proposed action is an amendment to the CBD Zoning District that would require all properties that front
on the Primary Commons to have active street level uses. Street level active uses encourage high levels of
pedestrian activity and enliven the streetscape. The proposed changes would be consistent with the recently
adopted MU-2 District in Collegetown, which requires street level active uses.
Active uses in the proposed ordinance are defined as any of the following:
Retail Store or Service Commercial Facility
Restaurant, fast food establishment, or tavern
Theater, bowling alley, Auditorium, or other similar public place of assembly
Hotel
Library or Fire Station
Public park or Playground
Bank or Monetary Institution
Additional uses may be permitted, if the Planning Board determines them to be an active use and grants special
approval for the use
This concept is also supported by the City Comprehensive Plan, which was adopted by the Common Council
in September 2015. The plan outlines future uses for the downtown/core business area and states that ground-
level active commercial activity will enliven the streetscape. This idea is also reinforced by the Downtown
Ithaca Alliance 2020 Strategic Plan, which was strongly endorsed by the Common Council in April 2011. The
Strategic Plan states that the plan relies on a dense urban core with a pedestrian-friendly street-level
environment, and calls for zoning changes to encourage street-level activity. It further states that one of the
key downtown planning principles is to maintain street-level retail uses in key locations.
The proposed zoning change is intended to help support the investment the City has recently made in the
Commons and make it a more vibrant, welcoming environment.
ENVIRONMENTAL IMPACTS
Impact on Historic & Archaeological Resources ― Small to Moderate Impact
The proposed zoning affects properties that front on the nationally registered Ithaca Commons Historic District.
The amendment will only impact allowable uses on the ground floor and should not negatively impact any of
the structures.
Impact on Growth & Character of the Community or Neighborhood ― Small to Moderate Impact
The action being reviewed is a zoning change that will require active uses on the street level. All zoning
changes create a precedent for future amendments. Negative impacts are not anticipated as a result of this
proposal.
Public Controversy
A Public Hearing for this action is scheduled to be held on November 19, 2015. At this time, no comments
have been received on this proposal.
12/4/2015
Page 1 of 2
An Ordinance Amending The Municipal Code Of The City Of Ithaca,
Chapter 325, Entitled “Zoning,” To Create a Requirement for
Street Level Active Uses on the Primary Commons
ORDINANCE NO. ____
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca that Chapter 325, Zoning, be amended as follows:
Section 1. Chapter 325 (“Zoning”), Section 325-8D.(“Zoning
Regulations-Additional Restriction in the CBD Districts”) of the
Municipal Code of the City of Ithaca is hereby amended to add a
new subsection 325-8D(3), that will establish a requirement for
active street level uses for any establishment that opens on to
the Primary Commons. Section 325-8D(3), shall read as follows:
325-8 D.
(3) All properties located in the CBD district that
contain a storefront that fronts on the Primary
Commons, must contain an active use on the street
level, for that portion of the building that
fronts onto the Primary Commons. Active uses are
defined as any of the following:
Retail Store or Service Commercial Facility
Restaurant, Fast Food Establishment, or
Tavern
Theater, Bowling Alley, Auditorium, or
Other Similar Public Place of Assembly
Hotel
Library or Fire Station
Public Park or Playground
Bank or Monetary Institution
Additional uses may be permitted if the
Planning and Development Board determines them
to be an active use and grants special
approval for the use.
Section 3. The City Planning and Development Board, the City
Clerk, and the Planning and Economic Development Division shall
amend the District Regulations Chart to add street level active
uses as a requirement under the permitted primary uses, in
accordance with the amendments made by this ordinance.
12/4/2015
Page 2 of 2
Section 4. 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.
Section 5. Effective date. This ordinance shall take effect
immediately and in accordance with law upon publication of
notices as provided in the Ithaca City Charter.
To: Planning and Economic Development committee
From: Seph Murtagh, Chair
Date: Wednesday, December 2nd, 2015
Re: Changes to Exterior Property Maintenance Ordinance
Attached you’ll find a draft ordinance that includes some recommended changes to
the city’s Exterior Property Maintenance Ordinance. This is in response to a request
from the city’s Rental Housing Advisory Commission to amend the ordinance, which
has been a source of frustration for city residents and property owners.
Chiefly, problems have arisen in two areas: 1) the lack of adequate notification of
violations, and 2) the fines, which are felt to be excessive (especially in the category
of garbage can lids). A small group of Council members and staff have reviewed the
legislation and – in conjunction with the recently created email notification system,
which has already helped to address some of the notification issues – are proposing
the following changes:
1) 24 hour warning period for many violations. Those signed up to the city’s
email notification system would get an email warning about an offense, and if
the problem is fixed within 24 hours, no ticket will be written. (This change
does not apply to snowy sidewalks, which must be cleared 24 hours after the
snow begins to fall. This rule would stay in effect).
2) Lower civil penalties for violations. Fines would be lowered across the board
(including snowy sidewalks) to $25, $50, $100 (for 1st, 2nd, 3rd offense in a 6‐
month period) from the current rate of $25, $50, $200, $300 (for 1st, 2nd, 3rd,
4th offenses in a 6‐month period).
3) Fines for lids off of garbage cans would be lowered to $20. This would not
escalate.
If the committee is willing, we will circulate the proposed legislation for further
review. If you have any questions, please don’t hesitate to contact me.
1
ORDINANCE __-2016
An Ordinance Revising Chapter 178 of the City of Ithaca Municipal Code
WHEREAS, Chapter 178 of the City of Ithaca Municipal Code establishes
Exterior Property Maintenance requirements for properties throughout the City,
and;
WHEREAS, the Common Council desires to adjust the schedule of civil penalties
applicable to violations of this chapter, along with certain time periods by which
some violations are defined, and;
WHEREAS, the Rental Housing Advisory Commission has proposed
recommendations to Common Council to lower the civil penalties and address
the issue of lids missing from garbage containers; 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 the public will be
better served by a lower schedule of civil penalties applicable to violations of this
chapter, including taking account of the minor nature of violations comprised only
of lids missing from garbage containers.
Section 2. Amendments to Section 178-3.
Paragraphs A and B of Section 178-3 shall be amended as follows:
A. All grounds on the exterior of the premise are kept free from solid waste
and any litter that has been cast, blown, thrown, put, placed, or
accidentally dropped on the grounds, bushes, or in trees, and allowed to
remain on the grounds, bushes, or in trees for 4824 hours, is removed.
B. All garbage, when stored outside, is completely contained in
nonabsorbent, watertight, durable containers having a tight-fitting lid in
place. Plastic bags are not considered durable containers. Strong,
waterproof plastic bags may be used to place garbage at the curbside on
the evening before scheduled collections or may be taken to an approved
refuse disposal sight. Garbage containers, whether they contain garbage
or not, shall have a tight-fitting lid in place at all times. Tight-fitting lids
shall be placed back on all garbage containers as soon as possible after
garbage collection and, in any event, on the same day as collection. Any
garbage remaining after scheduled pickup must be removed from curbside
as soon as possible after garbage collection and, in any event, on the
same day as collection. Garbage containers shall not be stored in front
yards or any other yards that have frontage on a public street unless all
yards on the property have frontage on public streets. Prohibited storage
2
areas include the area between the sidewalk and curb. Composting
materials, so long as they are maintained as defined by this section, shall
not be considered garbage. It is presumed that the contents of any
garbage bag or plastic bag or garbage can is garbage. For purposes of
this paragraph, “stored” shall mean located outdoors in a general
vicinity for at least 24 hours.
Section 3. Amendments to Section 178-10.
Subparagraphs A(1) and A(2) of Section 178-10 shall be amended as follows:
A(1). Any property owner and/or agent who violates any provision of this
chapter or of § 325-29.3, except those provisions specified in Subsection
A (2) below, shall be liable for a civil penalty of $25 for the first violation at
a property within a six-month period, $50 for a second violation at the
same property within a six-month period, $200 for a third violation at the
same property within a six-month period, and $100$300 for a thirdfourth
or subsequent violation at the same property within a six-month period.
For any fine not paid within six months of the date of the offense, there
shall be a late penalty in the amount of 20% of the fine added to the
amount due, such late penalty waivable for good cause shown.
A(2). Any property owner and/or agent who violates any provision of § 178-3 (B)
solely insofar as to fail to have a tight-fitting lid in place on garbage
containersE, G, I or J, or any of the provisions in § 178-3F regarding
grass, weeds, brush, plantings, or obstruction of views, shall be liable for a
civil penalty of $20$40 for the first violation at a property within a twelve-
month period, $60 for a second violation at the same property within a
twelve-month period, and $100 for a third or subsequent for each such
violation at the same property within a twelve-month period.
Section 4. Severability. Severability is intended throughout and within the
provisions of this Ordinance. 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 5. Effective Date. This ordinance shall take effect immediately upon
publication as provided for in the City Charter.
To: Planning and Economic Development Committee
FROM: Jennifer Kusznir, Economic Development Planner
DATE: December 4, 2015
RE: Proposal to Rezone the Waterfront Zoning District to a Planned Unit
Development Zoning District
In September of 2015, the Common Council adopted Plan Ithaca, as Phase I of the City of
Ithaca’s Comprehensive Plan. In November of 2015, the Planning and Economic Development
Committee directed planning staff to begin working on a waterfront development plan as a part
of the next phase for the Comprehensive Plan. Although the exact boundaries of the waterfront
area to be studied, have not been determined, the majority of existing developable land along the
City’s waterfront is currently zoned WF-1, WF-2, and I-1. Since this planning effort will likely
result in changes in the zoning requirements for these areas, staff is recommending that the City
consider rezoning these areas to a mandatory Planned Unit Development (PUD) zone, until a
plan for the waterfront is completed.
In 2014, the City adopted a floating PUD that could be used in any I-1 zoning district. The PUD
is a tool intended to be used to encourage mixed-use or unique single use projects that require
more creative and imaginative design of land development than is possible under standard
zoning district regulations. A PUD allows for flexibility in planning and design, while through
the process of review and discussion, ensures efficient investment in public improvements, a
more suitable environment, and protection of community interest. However, a PUD also requires
the applicant to work with the Common Council to determine appropriate development of a site.
Since the plans for the waterfront are in transition, staff feels that having the Common Council
oversite on any potential plans will allow for appropriate development that will take into
consideration the work that is being done for this area.
If the Committee is in agreement, staff will draft an ordinance, circulate it, and return to the
Committee with any comments that are received.
If you have any questions, please feel free to contact me at 274-6410.
CITY OF ITHACA
108 East Green Street — 3rd Floor Ithaca, New York 14850-5690
DEPARTMENT OF PLANNING, BUILDING & 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
MEMORANDUM
DATE: December 4, 2015
TO: PEDC
SUBJECT: Backyard Chickens Pilot Programi
Request. Authorize a two-year pilot program, which would allow the City to monitor a limited
number of backyard chickens that are kept in the backyards of single family and duplex
residential units under certain conditions. The pilot would be limited to 20 residences within
the City of Ithaca. It is proposed that the Planning Department review and approve applicants
and select applicants based on meeting specific criteria contained in this permit application
proposed for City Council approval.
Summary. From time to time, the City has received requests from citizens to allow chickens
in backyard coops. These requests are part of a nationwide trend to allow chickens in urban
areas for the purpose of fresh eggs; chicken keepers are typically concerned about the
amount of time and energy it takes to get eggs to the end consumer, want eggs free of certain
farm chemicals and pesticides, or just simply enjoy the taste of fresh eggs and chicken
keeping as part of a more active lifestyle.
Chicken keeping is also part of a larger sustainability trend to allow citizens to grow their own
foods – including fruits, vegetables and honey production – by reducing barriers, which restrict
local food production. These sustainability trends are congruent with the City’s Comp Plan
goals, such as support for our community gardens and active living initiatives. Also,
conventional agricultural practices that have been in place since World War II have relied on
pesticides and fertilizers to produce food for the mass consumer markets. These are typically
petroleum-intensive operations. With rising fuel and food prices, allowing local food production
may improve the resiliency of a particular city or region to current and future price swings or
food shortages.
Specific criteria for the proposed pilot are as follows to allay the common concerns:
Up to 4 (4) hens are allowed at single family and duplex residences; roosters are
prohibited. Multi-family and similar units are prohibited from keeping chickens.
Hens must be contained within a covered chicken coop and fenced pen area. The
coop and fenced pen area must be located in the rear half of the residential lot behind
the principal structure. It shall be unlawful for any person to allow hens to run at large
upon the streets, alleys or other public places of the City, or upon the property of any
other person.
The coop and fenced pen area shall be setback 20-feet from any adjacent residential
principal structure or accessory structure that contains a residential unit, which is off
the subject property, and 5-feet from any abutting residential property line (unless the
adjacent neighbor agrees in writing to a lesser setback or a waiver of these
requirements), and 5-feet from any principal structure on the site.
The coop and pen area must be kept in a clean sanitary manner, free of insects and
rodents, offensive odors, excessive noise, or any other condition which could
potentially cause a nuisance (i.e. the coop should be cleaned frequently). Stored feed
must be secured in metal containers to prevent mice and other pests.
No slaughtering of the hens is allowed on the subject site.
As long as the coop is movable or prefabricated, and 12 square feet or less, no
building permit is required, or may be included in any fence permit if needed.
Applicants for the pilot program must complete a seminar regarding the care of
chickens in an urban environment from the Cornell Cooperative Extension Office, or
similarly qualified organization acceptable to the Planning Department.
If the program is to discontinue, or households drop out, the City will connect these
households with NY Backyard Chickens and Cooperative Extension to assist with
finding suitable homes for the chickens and re-using the coop materials.
Application. Up to 20 owner occupants of single family and duplex dwellings within the City
of Ithaca may apply for a permit through the City of Ithaca Planning Department by submitting
an application, site survey, verification of a completed chicken keeping seminar and
preliminary plans for the covered coop. If electricity is provided to the coop, a separate
electrical permit will be required. A City Planning Department representative will perform a site
visit, review the application and interview the applicant prior to Planning Department approval.
Additional Information. A listing of cities that authorize a level of urban chicken keeping is
attached. The development standards proposed are based on a conservative amount of hens
(4) and typical setbacks in similar cities.
Recommended Action and Conditions. Authorize the Planning Department to issue up to
20 permits for a pilot program authorizing urban chickens, subject to the above conditions,
and the following:
Charge a $70 permit application fee for Single Family and Duplex Residences for the
pilot program’s applicants.
The Planning Department may revoke a permit for a specific site via written notice to
the property owner when the City finds, at its sole discretion, that any of the above
conditions are not met. The hens must be removed from the property.
The Planning Department will work with Cornell Cooperative Extension Office to
monitor those in the pilot program, and report those findings to the Planning and
Economic Development Committee on a quarterly basis.
The Planning Department shall report prior to the expiration of the pilot program to
Council. The Council would then have the opportunity to extend the pilot, direct staff to
codify the program into the Code, or discontinue the program.
Listing of Cities Allowing
Urban Chickens
Alabama
Huntsville
Mobile
Arkansas
Fayetteville
Little Rock
Arizona
Flagstaff
Gilbert
California
Albany
American Canyon
Anaheim
Bakersfield
Berkley
Campbell
Davis
Downey
El Cajon
Folsom
Imperial Beach
Irvine
Lakewood
La Puente
Lafayette
Long Beach
Los Angeles
Los Altos
Oakland
Petaluma
Poway
Redwood City
Roseville
Santa Rosa
Sacramento County
San Carlos
San Jose
San Francisco
San Leandro
San Mateo
Temple city
Vallejo
Woodland
Colorado
Arvada
Colorado Springs
D.C.
Florida
Bellair
Dunedin
Gulfport
Key West
Lakeland
Largo
Levy County
Miami
Pinellas Co.
St. Petersburg
Sarasota
Georgia
Alphraretta
Atlanta
Iowa
Clive
Des Moines
Sioux City
Urbandale
Windsor Heights
Idaho
Boise
Nampa
Illinios
Chicago
Indiana
Evansville
Kansas
Louisville
Louisiana
Baton Rouge
New Orleans
Massachusetts
Belmont
Brockton
Cambridge
Lynn
Northampton
Somerset
Wenham
Westwood
Maryland
Baltimore City
Maine
Camden
Falmouth
South Portland
Michigan
Ann Arbor
Benton Harbor
East Lansing
Lansing
Traverse City
Minnesota
Minneapolis
Rosemount
St. Paul
Minneapolis
Rosemount
St. Paul
Montana
Missoula
Missouri
Kansas City
Kirksville
St. Louis
North Carolina
Asheville
Black Mountain
Cary (Feb 9, 2012)
Chapel Hill
Durham
Raleigh
Charlotte
North Dakota
Grand Forks
Nebraska
Lincoln
Omaha
New Hampshire
Hamptsead
New Jersey
Red Bank
New Mexico
Albuquerque
Santa Fe
Nevada
Henderson
Las Vegas
New York
Binghamton
Huntington
New Hempstead
New York City
Riga/Churchville
Ohio
Toledo
Oklahoma
Tulsa
Oregon
Albany
Coos Bay
Corvallis
Eugene
Lake Oswego
Milwaukie
Oregon city
Portland
Stayton
Pennsylvania
Catawissa
Pittsburgh
State College
Shaler
South Carolina
Aiken
Tennessee
Nashville
Texas
Austin
Dallas
Ft. Worth
Garland
Houston
Laredo
Murphy
Richardson
Round Rock
San Antonio
St. Paul
Waco
Utah
Brigham City
Salt Lake City
Virginia
Fredrick County
Vermont
Burlington
Washington
Battle Ground
Bothell
Cmas
Everett
Gig Harbor
La Center
Lynnwood
Mill Creek
Olympia
Seattle
Spokane
Tacoma
Vancouver
Woodinville
Wisconsin
Ellsworth
Greenbay
Madison
Shorewood Hills
i The language for this memo and proposal is based on the pilot program implemented in the City of
Orlando, FL in 2012.
City of Ithaca
Planning & Economic Development Committee
Wednesday, October 14, 2015 – 6:00 p.m.
Common Council Chambers, City Hall, 108 East Green Street
Minutes
Committee Members Attending: Joseph (Seph) Murtagh, Chair; Graham Kerslick,
Ellen McCollister, Cynthia Brock, and Josephine
Martell
Committee Members Absent: None
Other Elected Officials Attending: Alderperson George McGonigal
Staff Attending: JoAnn Cornish, Director, Department of Planning,
Building, Zoning, and Economic Development;
Megan Wilson, Senior Planner; Jennifer Kusznir,
Senior Planner; Julie Holcomb, City Clerk; Ari
Lavine, City Attorney; Tim Logue, Engineering,
and Mike Niechwiadowicz, Building Division
Others Attending: Brian Eden, HeatSmart Tompkins
Chair Seph Murtagh called the meeting to order at 6:00 p.m.
1) Call to Order/Agenda Review
Public Comment will take place first, then the energy presentation
2) Special Order of Business
a) Presentation – Energy Efficiency in Newly Constructed Commercial Buildings
3) Public Comment and Response from Committee Members
Thomas Shelley, 118 East Court Street, stated he is in favor of backyard chickens and
the reduction in Exterior Property Maintenance Ordinance (EPMO) fines.
Bert Scholl, 912 North Cayuga Street, spoke in opposition of the proposed bike lanes
on Cayuga Street.
Robert Boothroyd, 807 North Cayuga Street, spoke in opposition of the proposed bike
lanes on Cayuga Street.
Brian Eden, 147 North Sunset Drive, spoke concerning the Energy Action Plan and the
County’s Energy Road Map.
Sean Gannon, 114 South Plain Street, is running as an independent in the second
ward and provide general remarks for his political pitch.
Fay Gougakis, 171 East State Street, spoke in opposition of Harold Square and the
development downtown.
Sara Cummings, 1106 North Cayuga Street, stated her concerns on the loss of parking
and increased speed on Cayuga Street as well as the lane shifts near Lincoln Street
neighborhood.
Larry Beck, 138 Linn Street, Chair of RHAC, spoke regarding the proposed exterior
property maintenance ordinance fines.
Sheryl Swink, 321 North Albany Street, spoke in favor of the proposed bike lanes on
Cayuga Street.
David West, 225 Cleveland Avenue, spoke in favor of the proposed bikes lanes on
Cayuga Street.
Committee Members Announcements/Responses
Cornish stated that Harold Square has not applied for a building permit and will not
likely start construction this winter.
Alderperson Brock stated a moratorium is not legal for the sake of no development for
developments sake, but she understands Gougakis’ concerns.
4) Announcements, Updates, and Reports
a) CIITAP Revision –
Alderperson McCollister provided a brief update on the revisions that have been
made to the CIITAP process. Affordable housing, living wage, and job creation are
a few items that have been discussed. Local labor is defined as those living in
Tompkins County as well as the six contiguous counties. Labor should not only be
union labor but all labor. Only certified living wage employers will be considered for
this program.
b) Bike Lane – North Cayuga Street
Tim Logue reported that a media release was sent out in early March announcing
the proposed bike lane on North Cayuga Street. The purchase of speed bumps to
slow traffic down is being looked at. Logue further stated they will look at the lane
shift to see if it’s dangerous. He suggested opening up spots on Falls Street and
reserved spaces for people with disabilities is possible which is currently available.
The question whether the City is required to notify residents of changes to streets
was asked. The answer is the City is not required, however there was an issue with
the elimination of parking for a bike lane on Ithaca Road.
There needs to be more public outreach. Notification needs to be handled better.
Other suggestions/thoughts were stated. Could bike lanes be seasonal? Were
mitigations evaluated prior to the inclusion of the bike lane? Should speed counts
be done to access parking demand?
Common Council requests a communication plan from the Board of Public Works.
5) Discussion
a) Comprehensive Plan: Phase II
Megan Wilson updated the Committee as to the Planning Board’s
recommendations. The Board would like the Southside neighborhood plan and the
housing strategy be the first items looked at before the Waterfront/Inlet Island and
West Hill neighborhoods.
Wilson further stated that there is a graduate class from Cornell who worked along
with us on Phase I that will continue for Phase II. This group will help gathering
data.
Alderpersons Brock and Kerslick both stated that they feel the West Hill
neighborhood should be made a priority.
b) Changes to Exterior Property Maintenance Ordinance
Larry Beck and Mike Niechwiadowicz both agreed that the new notification system
is working. Any change to reset the policy is now a six month reset.
6) Action Items – Approval to Circulate
a) Taxi Legislation –
Alderperson Kerslick moved to circulate; seconded by Alderperson McCollister.
Passed unanimously.
b) Street Level Active Use – The Commons
Alderperson Kerslick move to circulate; seconded by Alderperson McCollister.
Passed unanimously.
7) Action Items – Voting to Send onto Council
a) Backyard Chickens
Alderperson McCollister is opposed, Alderperson Brock questioned how it will be
enforced, and Alderperson Kerslick would like to explore it more – enforcement and
public health issues. There has to be clear instruction and guidelines.
Chair Murtagh and Alderperson Martell agreed to talk to Cornell Cooperative
Extension and any formed chicken groups and bring this back to committee at a
later date.
8) Review and Approval of Minutes
a) September 2015
Moved by Alderperson Brock; seconded by Alderperson Kerslick. Passed
Unanimously.
9) Adjournment
Moved by Alderperson Kerslick; seconded by Alderperson Martell. All agreed to
adjourn at 9:30 p.m.
City of Ithaca
Planning & Economic Development Committee
Thursday, November 19, 2015 – 6:00 p.m.
Common Council Chambers, City Hall, 108 East Green Street
Minutes
Committee Members Attending: Joseph (Seph) Murtagh, Chair; Graham Kerslick,
Ellen McCollister, Cynthia Brock, and Josephine
Martell
Committee Members Absent: None
Other Elected Officials Attending: Alderperson George McGonigal
Staff Attending: JoAnn Cornish, Director, Department of Planning,
Building, Zoning, and Economic Development;
Jennifer Kusznir, Senior Planner; Lisa Nicholas,
Senior Planner; Nels Bohn, Director, Ithaca Urban
Renewal Agency; Julie Holcomb, City Clerk
Others Attending:
Chair Seph Murtagh called the meeting to order at 6:00 p.m.
1) Call to Order/Agenda Review
The October 2015 minutes will not be voted on tonight.
2) Public Comment and Response from Committee Members
Stacey Black, 329 East Cortland, Groton, is the Business Development Coordinator for
the International Brotherhood of Electrical Workers, and served on the CIITAP working
group. Throughout the process the group struggled with the task of deciding what
benefits that could be added without creating additional burdens on a developer.
Alex Hyland, 220 Hayts Road, is a local builder who loves what he does and loves this
area. He would like to see this program go through so that local labor isn’t outsourced.
Local labor spends money in the community; out-of-town labor does not.
Mike Tolarski, 134 Cecil A. Malone Drive, spoke on the importance of local labor as it
refers to the CIITAP program. He asked the question, “What do out of town contractors
give back to the community?” He asked that the group think about that when making
your decision with this program.
Brian Noteboom, 97 Irish Hill Road, Newfield, is a local laborer. He doesn’t agree that
there isn’t enough local labor to get these jobs done. He stated a number of projects
that he and other local laborers have completed.
John Bentkowski, 108 Treva Avenue, is a local real estate broker. He stated that
banks will not provide financing for projects that claim to be receiving abatements.
They must show they have the ability to pay the mortgage and taxes without the tax
abatements. He does not believe this program is fair to all.
Irene Weiser, 334 B’dale (???) Road, believes the current CITTAP program
encourages too much development. The community is disagreeing. What is an
economy? What is an economy for? She challenges the working group to approve not
just more development, but better development.
Elan Shapiro, 211 Rachel Carson Way. The quality of development needs to be
reviewed. The guidelines that have changed some are not a decisive step. He
submitted an article entitled, ‘Seven Steps to Development’. We have made many
steps, but we have many more to go.
Kathy Russell, 434 Snyder Hill Road, from the Worker’s Center supports the vision that
CISAID proposed.
Chair Murtagh stated the question tonight is whether this program is still needed. It is
the recommendation of the CITTAP working group that it should be continued.
3) Announcements, Updates, and Reports
Alderperson McCollister stated there is a new group being formed for design
guidelines for Collegetown and for downtown.
The Downtown Ithaca Alliance MOU will be discussed at the December Planning
and Economic Development Meeting
Exterior Property Maintenance Ordinance will be discussed in December.
Backyard Chickens will be brought back in December
4) Action Items (Voting to Send onto Council)
a) Seneca Street Garage Murals – Resolution
In Megan Wilson’s absence, JoAnn Cornish informed the group that these two artists had
dropped out of the Dryden Road mural project so there is money left over from that project
that will be used to pay for these two artists.
Moved by Alderperson Brock; seconded by Alderperson Kerslick. Passed unanimously.
WHEREAS, the City of Ithaca Public Art Commission (PAC) has been established to, among other
duties, review and advise the Common Council on proposals for the exhibition and display of public
art in the City’s public spaces, and
WHEREAS, in 2010, the PAC created a mural and street art program to beautify blank walls within
the city while providing local artists from all sections of the community an opportunity to showcase
their work, and
WHEREAS, the Board of Public Works approved several locations, including the Seneca Street
Parking Garage, for future murals and street art by resolution on May 19, 2010, and
WHEREAS, the City’s Parking Division has requested that the PAC seek murals for top floor of the
Seneca Street Parking Garage to enliven the garage while also deterring graffiti and reducing
ongoing maintenance costs, and
WHEREAS, the PAC issued a Call for Art for two walls on the top floor of the garage in September
2015 and received 14 submissions for the project, and
WHEREAS, the PAC reviewed all of the submissions at its meetings on October 14, 2015 and
October 28, 2015 and voted to recommend that the Common Council select “Ursa Major” by
Margaret Reed and “Flock Together” by Justin Suarez to be installed on the facing walls of the
ninth floor of the Seneca Street Parking Garage, and
WHEREAS, the selected proposals have been distributed for public comment, and the responses to
both proposed murals has been overwhelmingly positive, and
WHEREAS, the project will be funded through the previously approved budget for the Dryden
Road Parking Garage Mural Project and no additional funding is needed for the installation of the
two murals; now, therefore, be it
RESOLVED, that the City of Ithaca Common Council selects “Ursa Major” by Margaret Reed and
“Flock Together” by Justin Suarez to be installed on the ninth floor of the Seneca Street Parking
Garage, and be it further
RESOLVED, that the selected artists may proceed with the installation of their murals at their
assigned locations within the Seneca Street Parking Garage upon the execution of an agreement
with the City (as reviewed by the City Attorney).
b) Annual Common Council Concurrence for Lead Agency
Annual Common Council Concurrence that the City of Ithaca Planning and Development Board be Lead
Agency in Environmental Review for Site Plan Review Projects for which the Common Council is an
Involved Agency Resolution
Lisa Nicholas, Senior Planner, stated that purpose of this resolution will help the projects that come to the
Planning Board to which Common Council is an involved agency. The approval of this resolution will cover
all projects coming in, and not have to be done for each project that may not move along in the time
constraints.
Moved by Alderperson Kerslick; seconded by Alderperson McCollister. Carried Unanimously.
WHEREAS: 6 NYCRR Part 617 of the State Environmental Quality Review Law and Chapter 176.6 of the City
Code, Environmental Quality Review, 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, State Law also specifies that when an agency proposes to directly undertake, fund or approve a
Type I Action or an Unlisted Action undergoing coordinated review with other involved agencies, it must
notify them that a lead agency must be agreed upon within 30 calendar days of the date that the
Environmental Assessment Form (EAF) or draft EIS was transmitted to them, and
WHEREAS, Projects submitted to the Planning Board for Site Plan Review and Approval, at times involve
approvals or funding from Common Council, making Council an involved agency in environmental review,
and
WHEREAS, in order to avoid delays in establishing a Lead Agency and to make the environmental review
process more efficient, it is desirous to have an agreement that the Planning Board will assume Lead
Agency status for such projects , and
WHEREAS, in accordance with the State Environmental Quality Review Law and the City of Ithaca
Environmental Quality Review Ordinance, involved agencies are provided with project information and
environmental forms for their review, as well as all environmental determinations; now, and
WHEREAS, on April 7, 2015 the Common Council did consent to the Planning & Development Board acting
as Lead Agency in environmental review for site plan review projects for which Common Council has been
identified as an Involved Agency through December 31, 2015, therefore be it
RESOLVED, That Common Council does hereby consent to the Planning & Development Board acting as
Lead Agency in environmental review for site plan review projects for which Common Council has been
identified as an Involved Agency through December 31, 2016; and, be it further
RESOLVED, that for any future project Common Council may withhold or withdraw its consent should it so
desire.
5) Action Items – Approval to Circulate
a) Taxi Legislation
City Clerk Julie Holcomb stated the issue of regulating taxicabs, liveries, and
transportation network companies such Uber is currently being discussed and
considered by the Governor and the New York State Legislature. Once it is
determined whether companies such as Uber will be regulated by the State or at the
local level have been made, she will bring this legislation back to the committee for
further review and modification if needed.
Alderperson Brock asked whether we (the City) has the ability or authority with Ubers.
Holcomb stated it’s not clear whether this regulation can be handled at the municipality
level
Alderperson Brock moved to circulate; Alderperson Kerslick seconded it. Passed
unanimously for circulation.
ORDINANCE NO. 2015-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. The following sections of Chapter 232 of the City of Ithaca Municipal Code
entitled “Licensing of Businesses and Occupations”, Article VI entitled “Taxicabs” are
hereby amended to read as follows:
§ 232-57. Taxicab Driver's license required; qualifications.
No person shall operate or drive a taxicab without having in force and effect a taxicab
driver's license in accordance with the provisions of this article. No person shall be issued
a taxicab driver's license unless such person:
A. Has a valid New York State chauffeur's license.
B. Is over the age of 18 years.
C. Is of sound mind and body, with good eyesight and not subject to any infirmity of mind
or body which renders the applicant incapable or unfit to safely operate a taxicab. Each
applicant shall produce a physician's medical certificate signed by a licensed physician,
physician's assistant, or nurse practitioner dated not more than 30 days prior to the
application certifying that the applicant is physically qualified to operate a motor vehicle.
D. Is clean in dress and person and is not addicted to either intoxicating liquor or to the
use of drugs.
E. Meets the standards embodied in Article 23-A of the New York Correction Law if he or
she has previously been convicted of one or more criminal offenses. Shall not have been
convicted of a felony involving violence, dishonesty, deceit or indecency nor any sexual
offense.
F. Shall not have been convicted of driving with ability impaired or intoxicated due to
alcohol or drugs while operating a taxicab.
G. Shall not have been convicted of leaving the scene of an accident which resulted in
personal injury or death for five years from the date of the last conviction.
H. Shall not have been convicted, as a first offense, for any violation of driving while
ability impaired or intoxicated due to alcohol or drugs for five years from the date of
conviction.
I. Shall not have been convicted, as a second offense, for any violation of driving while
ability impaired or intoxicated due to alcohol or drugs.
§ 232-58. Application for taxicab driver's license; investigation and refusal.
A. Contents.
(1) Every applicant for a taxicab driver's license shall submit a signed and sworn
application upon such forms as shall be required by the Chief of Police, showing
compliance with the requirements hereinabove set forth and such other information as
shall be deemed necessary and reasonable by the Chief of Police in the interest of safety,
health and welfare. Such information that is required by the Chief of Police shall include
but not be limited to a statement giving:
(a) The full name and place of residence of the applicant.
(b) The applicant's date of birth, height, color of eyes and hair and place of birth.
(c) Whether or not the applicant is a citizen of the United States.
(d) Places of employment for the previous five years.
(e) Whether the applicant has ever been convicted of a felony or misdemeanor.
(f) Whether the applicant's driver's license has ever been suspended or revoked and, if
so, for what cause.
(g) The chauffeur's license number issued by the state.
(2) Submit a certification of physical examination to be signed by a licensed physician,
physician's assistant, or nurse practitioner.
(3) Such statement shall be signed and sworn to by the applicant and filed with the Chief
of Police.
B. False information; effect and action thereon. Any false statement by the applicant for a
taxicab driver's license shall be cause for refusing the license or revoking the license after
it is issued, and any such false statement shall be promptly reported by the Chief of Police
to the District Attorney.
C. Photographs of drivers. Each applicant for a taxicab driver's license must file with
his/her application two unmounted, unretouched, good-likeness photographs of the
applicant, full face size, two inches by two inches. The face portion shall not be less than
1 3/4 inches high, with the balance in normal prospective proportion. The photograph shall
be taken within 30 days of the date of the application by means of a permanent, nonfading
process. The applicant shall be hatless in the photograph. A copy of the photograph shall
be filed with the application and another copy attached to the license to be issued
hereunder. If the applicant does not have the means to produce such photograph, the
Ithaca Police Department will make arrangements to have the photograph taken.
D. Fingerprinting of drivers. The applicant shall submit to fingerprinting by the Police
Department and shall furnish a set of fingerprints have fingerprints taken every three
years. The criminal history report that is returned with the fingerprints shall be submitted to
the Ithaca Police Department as part of accompany the application. which shall be kept on
file as a permanent record.
E. Authorization for investigation. Accompanying each application, the applicant shall
furnish to the Chief of Police, on a form provided by the Chief of Police, a signed
authorization by the applicant permitting any person to divulge and report to the Chief of
Police any matter which might otherwise be confidential, without limitation except as
required by law.
F. Investigation. After receipt of an application, the Chief of Police shall institute an
investigation of the applicant, including the applicant's driving record, and no license shall
be issued under the provisions of this article until the Chief of Police has indicated, in
writing, approval thereof after such investigation has been completed.
G. Refusal of license. If the results of the investigation are unsatisfactory, in the opinion of
the Chief of Police, the applicant shall be refused a license, subject to the provisions
hereof for hearings.
§ 232-64. Taxicab licensing procedures.
A. Taxicab license application. Application for taxicab licenses shall be made by the
owner of each business on forms to be furnished by the Chief of Police. The completed
application shall contain:
(1) Owner information: the name, date of birth, address, telephone number and record of
all convictions of crime, if any, of:
(a) Owners.
(b) Managers having immediate charge of taxicabs.
(c) Beneficial holders of 25% or more of stock of corporate applicants.
(2) Prior license history of owner: whether the owner has been previously licensed to
operate a taxicab in the City or elsewhere and, if so, the particulars thereto.
(3) Vehicle information required for each operating taxicab: the make of the motor vehicle,
the year, the engine and body serial number, the state registration number, the length of
time and mileage that the vehicle has been driven and the seating capacity according to its
trade rating.
(4) Vehicle inspection: Proof of New York State inspection made within 30 days of the
license application shall be submitted by the applicant for each vehicle in operation. In
addition, the Chief of Police, or his/her designee, shall inspect said vehicles to ensure that
the interior and exterior of the each vehicle is maintained in a clean and sanitary condition,
and that the signage requirements of this article are complied with, and reinspection of
said each vehicle may be made from time to time by the Chief of Police or his/her
designee. Each vehicle shall be submitted to a New York State inspection annually at least
once every six months.
(5) Vehicle liability insurance: proof of liability insurance in the minimum amount of $25,000
per person and $50,000 per accident for personal injuries, and $10,000 per accident for
property damage.
(5) Vehicle liability insurance: Proof of insurance in accordance with the minimum amounts
as specified by the City, which such minimum levels shall be updated from time to time,
and shall be available for review on the City's website and/or in person at the Ithaca Police
Department.
B. Vehicle type authorized. All taxicabs shall be of vehicle types approved by the New
York State Department of Motor Vehicles for use as a taxicab.
C. Investigation. After receipt of an application, the Chief of Police shall institute an
investigation of the applicant, including the applicant's driving record, and no license shall
be issued under the provisions of this article until the Chief of Police has indicated, in
writing, approval thereof after such investigation has been completed.
D. Issuance of license.
(1) Upon completion of the investigation aforesaid, the Chief of Police is authorized to
issue a taxicab license upon determining:
(a) That there are no false statements or concealed facts in the application.
(b) That all application requirements have been satisfied.
(c) That each and every applicant, as specified in subsection A(1) of this section, meets
the standards embodied in Article 23-A of the New York Correction Law if he or she has
previously been convicted of one or more criminal offenses.
(d) That there are no other grounds for refusal. In this regard, the license may be refused
for any reason which, in the opinion of the Chief of Police, may be detrimental to the best
interest of the general public both in welfare and safety, provided that, in the making of
such determination, the Chief of Police shall set forth specific reasons for such
disapproval. Such findings shall be subject to hearings as provided by this article.
(2) Such license shall be for a period of 12 months from the date of issuance, unless
sooner revoked.
E. Renewal of taxicab license. The same procedures shall be followed as for original
applications. Every person to whom an owner's license is issued shall have the right to
renew said license within 30 days of the expiration date, provided that the other
requirements of this article are complied with.
§ 232-68. Suspension or revocation of taxicab vehicle for hire business licenses.
A. Grounds. A taxicab license may be revoked or suspended at any time at the discretion
of the Chief of Police if the a vehicle is used for criminal business or purposes or if the
licensed owner is convicted of a violation of this article.
B. Surrender of taxicab license. Whenever any taxicab license is revoked, the same shall
be surrendered to the Chief of Police. If a taxicab license is suspended, the same shall be
surrendered to the Chief of Police and retained by him/her until the suspension period
expires.
C. Automatic revocation. In the event that any person to whom a taxicab license is issued
has such license suspended on three occasions, such owner's license shall be revoked.
[Deleted and reserved for future use.]
§ 232-70. Taxicab rates.
A. Taxicab zones and rates. The City of Ithaca is hereby divided into zones as shown
on a map and schedules entitled "Taxicab Zones and Rate Schedules, City of
Ithaca," which said map and schedules, appended herewith, are hereby declared to
be a part of this article.[1] Schedule A therein depicts the base zone charges, for
one passenger, for a trip between the designated zones. Schedule B depicts the
fuel cost recovery surcharge which may be added to the applicable base zone
charge, as set forth in Subsection B below.
A. The rate for taxicab fares that originate and terminate within the City of Ithaca
between the daytime hours of 6:00 a.m. and 6:00 p.m. shall be $7.50.
The rate for taxicab fares that originate and terminate within the City of Ithaca
between the nighttime hours of 6:00 p.m. and 6:00 a.m. shall be $8.00.
B. Except as otherwise provided in Subsection C D below, the prices that may be
charged by the owners or drivers of taxicabs for the transportation of a passenger
within the City shall not exceed the cumulative, applicable amounts. shown on said
map and schedules, or, for additional passengers, as shown on said schedules and
as set forth in Subsection C below. At least once every three years, during the
month of April, the amounts shown on said map and schedules shall be reviewed by
Common Council to determine if the rate schedule in force at the time remains
appropriate.
Taxicab rates shall be reviewed annually by Common Council at the request of the
owners of licensed taxicab companies.
The following notice shall be conspicuously posted in full view of passengers: "Rate
maps and schedules for fares that originate in the City of Ithaca, together with the
full text of the city's rate law and a copy of the most recent applicable fuel surcharge
confirmation, are available upon request from the driver of this taxicab, according to
City ordinance."
B. C Rates for trips outside of the City of Ithaca. The taxicab rate for standard fares
that originate within the City but terminate outside of the City shall be as follows:
East Hill Plaza $11.00
Cayuga Medical Center $11.00
Malls/Triphammer Area $12.00
Convenient Care $15.00
Ithaca College $11.00
Tompkins County Airport $17.50
TC3 $31.00
Trumansburg $30.00
Fuel cost recovery surcharge.
Effective October 1, 2006, a fuel cost recovery surcharge may be added to the base
zone charge for a taxicab passenger, subject to the following. This surcharge is based
on the following findings:
(a) The estimated average length of a taxicab trip is 6.8 miles;
(b) The estimated average gas mileage of a taxicab is 15 miles per gallon of fuel;
(c) Thus, the average taxicab trip uses .45 gallons of fuel;
(d)The incremental effect, on the cost of an average trip, of each ten-cent-per-gallon
increase in the cost of gasoline, since the last adjustment of the base zone rates, is
deemed to be an additional $0.05.
(2) Based on the foregoing, a chart setting forth the applicable fuel cost recovery
surcharge at each level of current gasoline prices is included in Schedule B of the
aforementioned Taxicab Zones and Rates Schedules.
(3) Using the chart in Schedule B, the amount of the applicable fuel surcharge shall initially
be determined as of October 1, 2006, and shall be determined and adjusted as of January
1, April 1, July 1 and October 1 of each year thereafter.
(4) For the quarter commencing on each such effective date, the amount of the surcharge
shall be based upon the average, regular conventional retail gasoline price per gallon in
New York State, as reported by the U.S. Department of Energy, Energy Information
Administration (or its successor agency), for the date which is 10 days before each of the
effective dates set forth immediately above.
(5) The amount of the surcharge shall be confirmed, in writing, by the office of the
Controller of the City of Ithaca, at least five days before each of the effective dates set forth
above, which confirmation shall be made available by that time at City Hall and on the City
of Ithaca’s internet website.
(6) No taxicab owner or driver may charge or collect any fuel surcharge unless:
(a) The surcharge sought is the surcharge amount then in effect;
(b) The owner or driver has procured written confirmation by the office of the City
Controller of the surcharge currently in effect; and
(c) The owner or driver can display a copy of said confirmation to the passenger,
prior to collection of the fare.
C. D. Rate rules.
(1) Zone line rates. When the destination of the taxicab is the dividing line between two
zones, the fare for the lesser zone will be charged.
Children. One child five years of age or under shall ride free if accompanied by an
adult passenger. No driver shall be required to convey any child under the age of
five years unaccompanied by an adult.
Seniors. Passengers 65 years of age or older shall be granted a $1.50 discount. of
$1.15 in regulated fares.
Additional passengers. A taxicab driver may charge $01.50 fare for each additional
passenger of the same party and same destination.
Late night surcharges. A taxicab driver may charge an additional $0.50 per
passenger for each trip commencing or terminating between 8:00 p.m. and 5:00
a.m.
Baggage. No charge will be made for two suitcases, no larger than two feet by two
feet by six inches in size, and one travel bag for each passenger. A charge of $1 for
each oversized or additional piece of luggage under 25 pounds shall be authorized.
A charge of $5 for footlockers or luggage over 25 pounds shall be authorized. Each
passenger shall be allowed to carry up to five papers or 10 plastic grocery bags at
no charge. A charge of $0.25 for each additional grocery bag shall be authorized. A
$3.00 surcharge will be charged for oversized luggage and trunks that weigh 50
pounds or more.
Skis. A charge of $2.50 per pair of skis is authorized, provided that taxicab is
equipped with suitable racks.
Tip solicitation. No driver shall solicit tips, gratuities or any additional charges other
than those authorized by this article. However, non-solicited voluntary tipping is
permitted.
Out-of-own flat rates. If the taxicab is engaged for an out-of-town trip originating or
terminating in the City of Ithaca, the taxicab driver shall agree with the passenger
prior to the commencement of the trip for the rate to be charged, which shall include
all tolls required to be paid.
Prepayment. A taxicab driver shall have the right to demand payment of the legal
fare in advance and may refuse employment unless so prepaid.
Group rides. No taxicab driver shall carry any person other than the passenger first
employing the taxicab without consent of such passenger.
Exclusive rides. A passenger may request an exclusive ride through dispatch when
arranging for transportation. If a passenger is not willing to share a ride with others,
a $3.00 surcharge will be applied to the regular fare.
Waiting time. After a person has hired a taxicab, there shall be no charge for up to
five minutes during which the taxicab waits for the passenger at the passenger's
request. There shall be a charge of $2.50 for each additional five minutes or any
portion thereof. The taxicab driver shall inform the passenger of the charge for
waiting time at the time of request.
Disputed fares. In the event that there is a dispute between the taxicab driver and a
passenger with respect to a fare, the taxicab driver shall submit the dispute to the
desk officer in charge at police headquarters. If the passenger then makes payment
according to the amount determined by said police officer, the passenger shall be
given a receipt by the taxicab driver of the amount paid, which shall be witnessed by
the police officer. If the passenger pays under protest, such fact shall be recorded
by the desk officer, who shall make a memorandum of the dispute and the
disposition made. The disposition of the dispute shall not be binding in a court.
Taxicab owners shall furnish each driver with a copy of the rate rules, supplied by
the City Clerk, and shall instruct their drivers to apply the rules fairly and
consistently, advising them that charges must not be exceeded under any
circumstances.
Fuel Surcharge. In the event of an energy/gasoline crisis or when gasoline prices
exceed $4.00 per gallon for a period of 30 days or longer, a fuel surcharge may be
implemented by Common Council. This surcharge will be added to the base fare.
§ 232-72. Suspension, revocation or refusal to renew licenses; hearings.
A. Reasons. The Chief of Police may suspend, cancel or revoke a taxicab drivers or
taxicab license and may refuse to approve an application or a renewal thereof for any of
the following reasons:
(1) Violations: the applicant or licensee has not satisfied or has violated any of the
provisions of this article.
(2) Prior revocation or suspension: the applicant, any officer, director, stockholder or
partner or any other person directly or indirectly interested in the application for a taxicab
license was the former holder or was an officer, director, partner or stockholder in a
corporation or a partnership which was the former holder of a taxicab license which had
been revoked or suspended.
(3) Unfit applicant or licensee: the Chief of Police finds the applicant or licensee not fit to
be a licensee in the best interest of the public welfare and safety.
(4) If the vehicle is used for criminal business or purposes, the licensee is convicted of
a violation of this article, or the licensee is convicted of a criminal offense such that he or
she fails to meet the standards as embodied in Article 23-A of the New York Correction
Law.
(5) In the event that any licensee has such license suspended on three occasions, the
license shall be revoked automatically.
B. Surrender of license. Whenever a license is revoked, it shall be surrendered to the
Chief of Police. If a license is suspended, it shall be surrendered to the Chief of Police and
retained by him/her until the suspension period expires.
C. Hearing. Any taxicab driver or taxicab owner whose license has been suspended or
revoked or who has had a renewal refused or any individual to whom an initial license has
been refused shall be granted a hearing before the Community Police Board within 30
days after written request therefor has been made to the Chief of Police. At the hearing,
such person shall have an opportunity to rebut by evidence or testimony such suspension,
revocation or refusal. The Community Police Board is authorized to affirm, reverse or
modify in any respect the action of the Chief of Police.
Section 2. 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.
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.
b) Changes to Community Investment Incentive Tax Abatement Program
The purpose of the CIITAP working group was first to decide whether this abatement
program is still needed. The Committee met several months and found that they were
coming back to the same conclusion – the lack of data.
Alderperson McCollister stated that the majority of the existing development does not
occur in the CIITAP area.
Chair Murtagh asked the Committee if they had any comments or concerns.
Alderperson Kerslick first thanked the working group for what the work they have done.
He stated he doesn’t have a handle on what the City has done or provided with the
abatements that have been granted. He would like to know why affordable housing isn’t a
development that can take advantage of this program.
Alderperson McCollister stated that if we want more affordable housing, inclusionary
and/or incentive zoning may be the way to go.
Nels Bohn stated that people look at this program in different ways. Some want affordable
housing, others want sustainability, etc.
Jennifer Kusznir explained the purpose of this program (please refer to Page 17 of these
minutes). It started as a density program to bring more development downtown.
Some of the projects done through this program include hotels in the downtown core.
People staying at the hotels are shopping and dining in the City which brings money into
the City.
Alderperson Brock stated that in 2008 there was a funding collapse which slowed
development. Tax credits or abatements create certain benefits to the developers. She
looks at this as the use of a blunt tool. She doesn’t see it benefiting the City. Is tax
abatement the answer or is incentive type zoning? She doesn’t agree that this is the tool
to reach what we all really want.
Chair Murtagh asked the group why it is so expensive to develop in the downtown.
Hermann Severding, a member of the working group, stated the current hotels being built
require a lot more development costs – masonry, cranes, etc. costs.
Chair Murtagh further stated he is comfortable circulating this for comments.
Nels Bohn stated before circulating, he recommends asking the question to those
receiving the circulation what their priority is.
Moved by Alderperson McCollister; seconded by Alderperson Kerslick. Passed
unanimously for circulation.
9
I. Objective
In conjunction with the goals of the Tompkins County Comprehensive Plan, the objective of
CIITAP is to encourage development in the City that would increase jobs, increase the tax base,
promote density in the city core, encourage rehabilitation and redevelopment of underutilized sites,
and help create a vibrant downtown center. Additionally, the CIITAP encourages development
which can result in additional benefits to the community, such as producing local labor and living
wage employment opportunities, or assisting the community with reaching sustainability goals or
goals in diversifying employment and ownership of companies investing in the City of Ithaca.
Specifically the goals, as stated in the Tompkins County Comprehensive Plan, are as follows:
■ Strengthen and enhance the City of Ithaca’s downtown area as the urban center of the
county.
■ Increase the amount and density of housing and business space in the central business
districts throughout the county.
■ Promote greater density by encouraging development of existing ‘gaps’ left by
abandoned buildings and vacant parcels.
City of Ithaca
Community Investment Incentive Tax Abatement
Program (CIITAP) – Revised 11/17/15
The Community Investment Incentive Tax Abatement Program (CIITAP) is a property tax abatement program that allows property
owners to apply for abatement for a portion of their property taxes for a period of up to 7 years, by meeting a basic set of criteria or for a
period of up to 12 years by providing additional specified community benefits, as further defined herein under “Basic Eligibility
Requirements (7 year abatement) and “Enhanced Eligibility Requirements (12 year abatement)
The City of Ithaca is committed to creating a work environment and community that values and supports diversity and inclusion
and to developing laws, policies and procedures that are mindful and inclusive of our diverse community.
II. Density Boundary
This program is intended to apply to projects located within the City of Ithaca Density District. The
District is outlined on the map below.
III. Basic Eligibility Criteria (7 year Abatement)
Project sponsors applying for tax abatement(s) under the City of Ithaca Community Investment
Incentive Program must meet the following size, density, location, municipal compliance,
sustainability, local labor, and diversity and inclusion requirements:
1.) Project Size Requirement ― In order to meet the minimum project size requirement to be
eligible for tax abatements under CIITAP, a project must provide a letter from the
Tompkins County Assessment Office that states that the project will result in an estimated
increase in the assessed value of the property by at least $500,000.
2.) Project Density Requirement ― In order to meet the minimum density requirement to be
eligible for tax abatement under CIITAP, a project must either:
Contain a minimum of 3 occupiable stories in height.
or
Must be a major restoration of an existing structure.
3.) Project Location Requirement ― In order to meet the location requirement to be eligible
for tax abatement under CIITAP, a project must either:
Be located in the City of Ithaca Density District
or
Be a redevelopment of a Brownfield site that is registered as
a DEC inactive hazardous waste site
(www.dec.ny.gov/cfmx/extapps/derexternal/index.cfm?page
id=3)
4.) Municipal Compliance – Each property in the City of Ithaca owned by the Applicant must
be in full compliance with all applicable local laws and regulations, consent agreements, and
orders of the Director of Code Enforcement, and current on all taxes, assessments, fees and
penalties due to the City. Properties owned by the Applicant in the City of Ithaca shall
include any property for which an Applicant, or their partners has an ownership interest of
20% or more. Partners shall include any partners owning 20% or more of the project LLC,
Corporation, or project equity.
5.) Sustainability and Energy Requirement- ― In order to meet the sustainability and
energy requirement to be eligible for tax abatement under CIITAP, a project must either:
Conduct an annual benchmarking of energy usage during the term of the abatement
by using the free online software, EPA Energy Star Portfolio Manager. This tracking
would show whether the building is using energy at the level designed.
Benchmarking report would be provided to the City and the IDA
The information would also be made available to the public
OR
Provide documentation that certifies that their construction will qualify for Base
LEED certification. The project will also need to provide documentation at the end
of construction that has been stamped by a certified architect stating that the building
was constructed to the standards listed in the LEED certification checklist.
6.) Diversity and Inclusion- In order to meet the minimum diversity requirements an applicant
must submit to the City the following:
The “Company’s or the major tenant’s existing workforce demographics by gender,
race/ethnicity, age, disability, job class and gender, and job class and race/Hispanic
ethnicity; and
Acknowledgement they have read and understand the City’s Anti-Discrimination
employment ordinance; and
A statement of their company’s or the major tenant’s goals for workforce diversity as
defined in the Company’s Diversification Plan
7.) Local Construction Labor- Applicants are encouraged to hire locally wherever possible.
For the purposes of this application, local is defined as anyone residing in Tompkins
County, or any of the 6 contiguous counties of Cayuga, Seneca, Schuyler, Chemung, Tioga,
and Cortland Counties. In order to be eligible for a tax abatement an applicant must
commit to the City in writing that they will meet the minimum local labor requirements
described below, and will submit to the IDA the following information:
The Developer must have the General Contractor solicit bids from local sub-
contractors and provide evidence that this has been done by providing a bid list and
documentation that an ‘invitation to bid’ has been sent to all subcontractors on the
list
Monthly payroll reporting of all workers on site during construction with a summary
of how many employees are “local.” The reporting should be in the form of a
“Certified Payroll” Please note that this is not a prevailing wage rate job but simply
using the reporting format for one as a means of collecting this data.
Preliminary eligibility is determined by the City of Ithaca CIITAP Committee, which consists of
the Mayor, the Director of Planning and Development and the Director of Community
Development for the Ithaca Urban Renewal Agency. Preliminary eligibility will be based on the
applicant’s commitment to the above-stated criteria. Once preliminary eligibility has been
determined, the Mayor will provide a letter of endorsement to the Tompkins County Industrial
Development Agency (IDA). The final eligibility will be determined by the IDA.(See Section
IV for the complete application process.)
IV. Enhanced Eligibility Criteria (12 year abatement)
Project sponsors applying for tax abatement(s) under the CITAP, may elect to apply for
enhanced 12 year abatement by meeting the minimum requirements in section III of this
application, by proving the project has financial need and by providing the local community
with one or more pre-established benefits listed below:
Option 1: Local Labor
The City of Ithaca acknowledges the importance of incorporating local labor in projects
wherever possible and practical. An applicant may apply for an enhanced abatement, if
they can show that 40% of their construction labor force are from Tompkins County or
one of the adjacent 6 counties(Chemung, Tioga, Seneca, Cortland, Schuyler, or Cayuga
Counties) **The CIITAP policy will adopt the findings of the IDA regarding
requirements for local labor. If the IDA establishes a minimum local labor standard for
all projects, an applicant will not be eligible for an enhanced abatement by providing the
minimum requirements and the minimum requirements for an enhanced abatement may
be adjusted.
Option 2: Energy Standards and Sustainability
The City of Ithaca acknowledges the importance of encouraging sustainable
development with high energy standards. An applicant may apply for an enhanced
abatement, if the proposed development will be constructed to use at least 20% less than
the current New York State Energy Code Requirements.
o The applicant will be required to use the free online Department of Energy
Building Energy Asset Score tool and submit the score to the City with their
application. The U.S. Department of Energy’s Building Energy Asset Score
(Asset Score) is a national standardized tool for assessing the physical and
structural energy efficiency of commercial and multifamily residential buildings.
The Asset Score generates a simple energy efficiency rating that enables
comparison among buildings, and identifies opportunities to invest in energy
efficiency upgrades. It is available for voluntary use and is 100% free to use.
http://energy.gov/eere/ buildings/ building energy-asset-score. The building will
need to receive a score of X out of 10. In addition, the score must be certified by
a third party a licensed engineer or architect.
Option 3: Living Wages
The City of Ithaca acknowledges the importance of encouraging employers to fairly
compensate employees with a livable wage. An applicant that is proposing the
development of a hotel or some other single use building may apply for an enhanced
abatement by agreeing that for the entire term of the abatement, 100% of their labor
force or (?) at least 25 employees, will be paid at least a living wage salary, as defined
by the most recently published Alternatives Federal Credit Union Living Wage Study.
V. Incentive Package
Property Tax Abatement ― The Basic CIITAP property tax abatement will begin at 90% in year
one and decrease in equal increments over seven (7) years. However, this minimum term may be
adjusted in order to match with the IDA minimum abatement period. Applicants may request a ten
year property tax abatement that begins at 100% in year one and decreases in equal increments over
ten (10) years, if the applicant can demonstrate financial need, as determined by a review by IDA
administrative staff of the project pro forma. In addition, an applicant can apply for an enhanced
12 year abatement, that begins at 100% in year one and decreases in equal increments over twelve
(12) years, by showing that the project has financial need, meets all of the minimum requirements
listed in section III of this application, and also fulfils at least one of the enhanced benefits listed in
section IV of this application.
The abatement will only impact taxes on improvements to the property and not taxes on the
existing value.
Term
The basic abatement schedule has been established at 7 years. However, the minimum term may be
adjusted in order to align with the minimum abatement period that is established by the Tompkins
County Industrial Development Agency (IDA). The maximum term will be determined by the
value of the benefits offered to the Community, however, the term shall not exceed 12 years.
The IDA retains the ability to offer more than the standard abatement package, based on an analysis
of the impact on the economy, the needs of the business, and input from the City of Ithaca. The
IDA may negotiate additional abatements based on financial need.
Sales Tax Abatement – The applicant will be exempt from both the local and
State portion of sales tax on construction materials, equipment, and furnishings
associated with the project.
Mortgage Recording Tax – The applicant will be exempt from the State portion
of the Mortgage Recording Tax ($2.50 per $1,000).
VI. Application Process
Tompkins County Area Development, Inc. (TCAD) provides administrative and marketing services
to the IDA. Potential applicants should contact the City Planning Division to schedule a meeting
with Planning staff and TCAD staff, to determine project eligibility.
If the project appears eligible, TCAD will assist with completing the application for assistance. It is
strongly advised that potential applicants schedule the initial eligibility determination meeting as
early in the process as possible, in order to determine if the dollar value of the proposed incentives
exceeds the associated fees.
Based on the nature of the project and the incentives requested, the following will occur:
Eligibility Determination Meeting ― A developer seeking a tax abatement under this
program must first have a joint meeting with staff from TCAD and the City Planning
Division.
CIITAP Application ― A developer must submit a completed CIITAP application to the
City of Ithaca Planning Division. The application will be reviewed for completeness and
will be submitted to the Mayor for consideration.
Public Information Session ― The City will schedule a Public Information Session, at
which the developer will be responsible for presenting information about the project and
answering questions from the public. The City will advertise the public information session
with a press release to the local media. The developer is responsible for posting the property
at least 5 days prior to the Public Information Session, with the date, time, and location of
the meeting.
City Approval ― A City CIITAP Review Committee, consisting of the Mayor, the Director
of Planning and Economic Development, and the Director of Community Development for
the IURA, will consider project approval, based on the stated criteria of density, size,
location, and municipal compliance. If the criteria are satisfied, the CIITAP Review
Committee will forward the completed application, along with a letter of approval to the
IDA.
IDA Application ― A developer will submit a standard IDA application to the IDA for
consideration, in addition to the CIITAP application and Mayor’s approval letter. The IDA
will make an independent determination of the project.
Public Hearing ― Following an initial review, the IDA will, if favorably disposed toward a
project, schedule a public hearing on the proposed incentive package. Standard IDA policies
apply with regards to public hearing notification and other requirements.
IDA Determination ― Following a public hearing, the IDA will make a conditioned
determination on the project. No final decision may be reached by the IDA until SEQR
requirements have been met by the developer.
Notification and Reporting ― The IDA will notify the City of Ithaca and appropriate taxing
jurisdictions once a project is approved. The IDA may diminish or rescind incentives should
the project materially change. IDA agreements generally have claw back requirements.
Applications under this policy may not be accepted after December 31, 2017, unless the
IDA and City of Ithaca vote to extend the policy beyond that date.
Refer to the Tompkins County Industrial Development Agency’s Mission, Policies, and
Procedures for additional information.
VII. Application Fees
The applicant is responsible for payment of the following fees associated with the CIITAP process:
1. City Administrative Fees –The applicant will be responsible for paying the City a flat fee of
$750 (seven hundred and fifty dollars) in order to cover the cost of processing the CIITAP
application and the public meeting notifications. This fee is due to the City at the time that the
application is submitted.
2. IDA Administrative Fees ― The applicant is responsible for paying the IDA Administrative
Fee at the time of closing. This fee will be equal to 1% of the total value of expenses that are
positively impacted by IDA incentives. This includes the value of construction of
improvements to property that is impacted by property and sales tax abatement, and the value
of furniture, fixtures, and equipment that are impacted by sales tax abatement. It will not
include any purchases, such as manufacturing equipment, where the IDA does not deliver an
incentive. Soft costs (e.g., legal, consulting, financial, architectural, and engineering fees) will
be included in the amount considered as total value of expenses. In an attempt to make its
incentive program cost-effective for smaller projects, the IDA will reimburse the applicant
100% of the Administrative Fee, IDA Counsel Fee, and IDA Bond Counsel Fee associated
with the IDA involvement in the project, if the total project cost is less than $1 million. For a
total project cost greater than $1 million, but less than $2 million, the reimbursement of fees
will be reimbursed on a sliding scale that declines from 100% to 0% gradually, based on
project size. There will be no reimbursement of fees for projects with costs over $2 million.
The reimbursement will take the form of additional property tax abatement credited to the
business in the initial years of the Payment-in-Lieu-of-Taxes (PILOT) agreement. The IDA
retains the right to determine the credit the applicant will receive. For projects where there is
no property tax abatement, there will not be any form of fee reimbursement.
3. IDA Counsel Fees ― The applicant is also responsible for paying the IDA for all legal costs it
incurs, including IDA Counsel and Bond Counsel fees.
4. Applicant Attorney Fees ― The applicant is responsible for its own attorney fees associated
with closing IDA incentives.
VIII. Tax Abatement Application
CIITAP Application for Tax Abatement
The City of Ithaca Community Investment Incentive Program provides incentives for investment
in the City. The incentives include property tax reductions and/or abatements for a period of up
to 7 years. Applicants and projects must meet the minimum eligibility requirements (see
application, Part II) in order to apply for the program.
Part 1. – Applicant Information
Application Date: ____/____/_____
Company/Applicant Name: ________________________________________________
Primary Contact: ________________________________________________________
Address: _________________________City:__________State:______Zip:__________
Phone: ___________________________Email:_________________________________
Applicant Attorney: ______________________________________________________
Attorney Address: _________________City:__________State:______Zip:__________
Attorney Phone: ___________________Email:_________________________________
Applicant Accountant: ____________________________________________________
Accountant Address: ________________City:__________State:_____Zip:_________
Accountant Phone: _________________Email:________________________________
Applicant Engineer/Architect: ______________________________________________
Address: _________________________City:__________State:______Zip:__________
Phone: ___________________________Email:_________________________________
Will a separate company hold title to/own property in question that is separate from the
operating company? If yes, please provide the name and contact information for that entity.
Company Name: ________________________________________________
Primary Contact: ________________________________________________________
Address: _________________________City:__________State:______Zip:__________
Phone: ___________________________Email:_________________________________
Describe the terms and conditions of the lease between the applicant and the owner of the
property: __________________________________________________________
________________________________________________________________________
Part 2. – Business History
Year Company was Founded: ______
Type of Ownership (e.g., corporation, LLC, sole proprietor, etc.):_______________
Product or Service: ___________________________________________________
____________________________________________________________________
Major Customers: _____________________________________________________
_____________________________________________________________________
Major Suppliers: ______________________________________________________
_____________________________________________________________________
Major Local Competitors: _______________________________________________
______________________________________________________________________
Part 3. – Project Description
Project Narrative: ________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Project Location: ________________________________________________________
Property Size (acres) – both existing & proposed: _____________________________
Building Size (square feet) – both existing & proposed: _________________________
Proposed Project Start & Completion Dates: _________________________________
Do you certify that this project will not result in the relocation of all or part of any business or
jobs from another county within New York State to Tompkins County? ______Yes
______No
List the names, nature of business of proposed tenants, and percentage of total square footage
to be used for each tenant (additional sheets may be attached, if
necessary):______________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Part 4. – Project Costs
Value of Land to Be Acquired (if any):_______________________________________
Value of Buildings to Be Acquired (if any):___________________________________
Cost of New Construction: ___________________% subject to local sales tax_______
Value of Improvements: _____________________% subject to local sales tax_______
Value of Equipment to Be Acquired: __________% subject to local sales tax_______
Other: ____________________________________% subject to local sales tax_______
Total: ____________________
Part 5. – Criteria
Will the proposed project result in an increase to the tax roll value of new real property by at
least $500,000? ________
Does this project contain at least three occupiable stories? __________________
Proposed Height (in stories and feet):___________________
Does the project include a rehab of an existing structure? ____________
Is the project located in the City of Ithaca Density District? __________
Does the project contain the redevelopment of a Brownfield site? _________
Does the project applicant, or any of the partners owning at least 20% of the project equity,
the project LLC, or the project corporation, currently own any properties located within the
City of Ithaca that are delinquent on taxes, assessments, fees or penalties due to the City or
that have one or more violations of local laws or regulations?
____________________________________________________________
IX. Certification___________________________________________________
_______________________________________________________deposes that he/she is the _______________
(Name of chief executive officer of company submitting application) (Title)
of ___________________, the corporation named in the attached application; that he/she has
(Company name)
read the foregoing application and knows the contents thereof; that the same is true to his/her
knowledge. Deponent further says that the reason this verification is made by the
deponent and not by ____________________________ is because the said company is a corporation.
(Company name)
The grounds of deponent’s belief relative to all matters in the said application, which are not stated
upon his own personal knowledge, are investigations which deponent has caused to be made
concerning the subject matter of this application, as well as information acquired by deponent in the
course of his duties as an officer of and from the books and papers of said corporation.
As an officer of said corporation (hereinafter referred to as the “Applicant”), deponent
acknowledges and agrees that applicant shall be and is responsible for all costs incurred by the non-
profit Tompkins County Industrial Development Agency (hereinafter referred to as the “Agency”)
acting on behalf of the attached application, whether or not the application, the project it describes,
the attendant negotiations, and ultimately the necessary issue of bonds or transfer of title are ever
carried to successful conclusion. If, for any reason whatsoever, the Applicant fails to conclude or
consummate necessary negotiations or fails to act within a reasonable or specified period of time to
take reasonable, proper, or requested action, or withdraws, abandons, cancels, or neglects the
application, or if the Agency or Applicant are unable to find buyers willing to purchase the total
bond issue required or financing for the project, then, upon presentation of invoice, the Applicant
shall pay to the Agency, its agents, or assigns all actual costs involved in conduct of the application,
up to that date and time, including but not limited to fees of bond counsel for the Agency and fees
of general counsel for the Agency. Upon successful conclusion and sale of the required bond issue
or transfer of title, the Applicant shall pay to the Agency an administrative fee set by the Agency,
not to exceed an amount equal to 1% of the total project cost. The cost incurred by the Agency and
paid by the Applicant, including bond counsel, the Agency’s general counsel’s fees and the
Agency’s administrative fees, may be considered as a cost of the project and included as part of the
resultant bond issue.
___________________________________________________
(Signature of chief officer of company submitting application)
NOTARY
Sworn to before me this
_______ Day of ______________, 20______
____________________________________
X. Completion Status (to be completed by staff)
ELIGIBILITY CRITERIA:
Size: ________________
Density: ________________
Location: ________________
Additional Documentation Submitted: _____________
Staff Review Date: ______________
Mayor’s Endorsement Date: _____________
6) Review and Approval of Minutes
a) October 2015 – Minutes were not ready to be voted on at the meeting.
7) Adjournment
Moved by Alderperson Kerslick; seconded by Alderperson McCollister. All agreed to
adjourn at 8:40 p.m.