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HomeMy WebLinkAbout12-10-14 Planning and Economic Development Committee Meeting AgendaPEDC Meeting  Planning and Economic Development Committee  Ithaca Common Council        DATE: December 10, 2014  TIME: 6pm  LOCATION: 3rd floor  City Hall Council Chambers       AGENDA ITEMS  Item Voting  Item?  Presenter(s) Time  Start  1) Call to Order/Agenda Review    2) Special Order of Business   a) Public Hearing – RU Zoning Changes (Cornell  Heights)    3) Public Comment and Response from Committee  Members    4) Discussion  a) Review of Community Investment Incentive  Tax Abatement Program (CIITAP)  b) 2015 Work Plan    5) Action Items – Voting to send on to Council  a) RU Zoning Changes (Cornell Heights)  b) Noise Ordinance Reform     6) Announcements, Updates, and Reports  a) Brindley Street Bridge Replacement  b) Dredging update    7) Review and Approval of Minutes  a) November (sent under separate cover)    8) Adjournment  No      Yes      No        No    No      Yes  Yes      No  No      Yes    Yes            Seph Murtagh, Chair                    All    JoAnn Cornish, Planning Director      Jennifer Kusznir, Planning Staff  Seph Murtagh, Chair    JoAnn Cornish, Planning Director  6:00      6:05      6:15        6:45    7:30      7:45  8:15    8:45          9:00    9:05              If you have a disability and require accommodations in order to fully participate, please contact the City Clerk at 274‐6570 by 12:00 noon on  Tuesday, December 9th, 2014.   CITY OF ITHACA 108 East Green Street — 3rd Floor Ithaca, New York 14850-5690 DEPARTMENT OF PLANNING AND DEVELOPMENT JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT Telephone: Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6559 Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org Fax: 607-274-6558 Fax: 607-274-6558 To: Planning and Economic Development Committee FROM: Jennifer Kusznir Economic Development Planner DATE: December 4, 2014 RE: Review of the City of Ithaca Community Investment Incentive Tax Abatement Program (CIITAP) The purpose of this memo is to provide information regarding the City of Ithaca Community Investment Incentive Tax Abatement Program (CIITAP). On July 5, 2000, the Common Council unanimously requested that the Tompkins County Industrial Development Agency (“IDA”) undertake a program to provide financial incentives for development of multi-story buildings within a density target area encompassing the downtown central business district, the West State Street corridor, the West End, and Inlet Island. That program was accepted by the IDA in 2001 and remained in operation for five years. In 2006, the City endorsed the continuation of an IDA program of local tax abatements as a tool for encouraging appropriate real estate and business investment in the urban core of the city, and requested that the IDA establish the CIIP. Under this program projects would be reviewed by the community and evaluated by the Common Council, and if endorsed by the Common Council, proposed for recommendation by the Mayor to the IDA as eligible for tax abatements. In 2012, the City reviewed the CIIP policy and found that the extensive list of benefit requirements had resulted in an unsuccessful program. In the 6 years that the policy was in effect, only one developer was successful in applying to the CIIP program. In November of 2012, the Common Council endorsed the revised CIITAP program, which removed many of the benefit requirements and kept only requirements for size, density and location. In July of 2014, the CIITAP policy was revised to include additional requirements that the applicant have no outstanding fees or violations with the City on any other properties located in the City. When the Common Council endorsed the current CIITAP policy, it was requested that the policy be reviewed after 2 years. In the past two years the City has received 5 CIITAP applications, 3 in 2013 and additional 2 applications in 2014. The attached spreadsheet summarizes the applications that the City has received for the three iterations of the density tax abatement program since 2000. If you have any concerns or questions regarding any of this information, feel free to contact me at 274-6410. Pr o j e c t Y e a r In v e s t m e n t / E s t i m a t e d Pr o j e c t C o s t S q . F t . J o b s To t a l P r o p e r t y t a x e s p a i d t o Ci t y Ga t e w a y I ( o f f i c e s ) 2 0 0 2 $ 9 , 8 5 0 , 0 0 0 6 3 , 7 5 0 1 4 3 $ 5 5 2 , 7 1 8 Se n e c a P l a c e o n t h e C o m m o n s 2 0 0 4 $ 2 9 , 0 0 0 , 0 0 0 1 7 5 , 0 0 0 3 4 1 $ 7 0 2 , 2 9 1 Is l a n d H e a l t h & F i t n e s s 2 0 0 4 $ 6 , 7 5 0 , 0 0 0 5 6 , 0 0 0 1 0 7 $ 3 9 5 , 3 0 7 Ga t e w a y I I ( a p t s ) 2 0 0 5 $ 5 , 6 0 0 , 0 0 0 4 0 , 0 0 0 6 $ 1 6 4 , 5 4 0 Ca y u g a G r e e n I I 2 0 0 7 $ 1 6 , 7 8 0 , 0 0 0 1 2 5 , 7 0 0 4 8 $ 3 0 8 , 4 9 1 Su b - T o t a l $ 6 7 , 9 8 0 , 0 0 0 4 6 0 , 4 5 0 6 4 5 $ 2 , 1 2 3 , 3 4 7 It a l T h a i 2 0 1 1 $ 3 , 4 2 8 , 0 0 0 1 7 , 0 0 0 1 8 . 5 5 1 3 9 ( s i n c e 2 0 1 3 ) Su b - T o t a l $ 3 , 4 2 8 , 0 0 0 1 7 , 0 0 0 1 8 . 5 Ha r o l d ' s S q u a r e 2 0 1 3 $ 2 7 , 0 0 0 , 0 0 0 1 6 2 , 7 5 0 Ha r t H o t e l 2 0 1 3 $ 1 1 , 5 0 0 , 0 0 0 1 4 0 , 0 0 0 It h a c a M a r r i o t t 2 0 1 3 $ 1 7 , 0 0 0 , 0 0 0 1 0 0 , 0 0 0 Ca r e y B u i l d i n g 2 0 1 4 $ 5 , 7 0 0 , 0 0 0 3 0 , 5 0 0 13 0 E a s t C l i n t o n S t r e e t 20 1 4 $4 , 4 0 0 , 0 0 0 17 , 3 3 0 TC I D A D e n s i t y P o l i c y P r o j e c t s 20 0 1 - D e n s i t y A b a t e m e n t P r o g r a m 20 0 6 - C I I P A b a t e m e n t P r o g r a m 20 1 2 - C I I T A P Pe n d i n g CITY OF ITHACA 108 E. Green St. — 3rd Floor Ithaca, NY 14850-5690 DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT Telephone: Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6559 Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org Fax: 607-274-6558 Fax: 607-274-6558 To: Planning and Economic Development Committee From: Jennifer Kusznir, Economic Development Planner Date: November 19, 2014 Re: Proposal to Amend R-U Zoning District The purpose of this memo is to provide information regarding a proposal to amend the RU zoning district. At that meeting staff was directed to draft and circulate the environmental review of the proposed amendments to the zoning district. At the request of the Committee an environmental review of this action has been completed, and the draft Full Environmental Assessment Form is enclosed. The proposed ordinance and environmental assessment have been circulated to the City Planning Board, the Conservation Advisory Council, the Board of Zoning Appeals, the Ithaca Landmarks Preservation Commission, Historic Ithaca, The Tompkins County Planning Department and various other City staff and departments. At this time, no additional comments have been received. Enclosed for your consideration is a resolution establishing lead agency for this action and a resolution for environmental significance. If you have any concerns or questions regarding any of this information, feel free to contact me at 274-6410. j:\groups\planning and econ dev committee\2014 planning and economic development committee\12 december\2014-rulead agency.12-04-1.doc Draft Resolution 12/4/14 An Ordinance Amending The Municipal Code Of The City Of Ithaca, Chapter 325, Entitled “Zoning,” in order amend the R-U zoning district – Declaration of Lead Agency WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that, for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed zoning amendment is an “Unlisted” Action pursuant to the City Environmental Quality Review (CEQR) Ordinance, which requires environmental review under CEQR; now, therefore, be it RESOLVED, that the Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the proposed amendments to the R-U Zoning District. Draft Resolution 12/4/13 An Ordinance Amending The Municipal Code Of The City Of Ithaca, Chapter 325, Entitled “Zoning,” in order to amend the R-U Zoning District – Declaration of Environmental Significance 1. WHEREAS, The Common Council is considering a proposal to amend the R-U zoning district, and 2. WHEREAS, the appropriate environmental review has been conducted, including the preparation of a Full Environmental Assessment Form (FEAF), dated November 19, 2014, and 3. WHEREAS, the proposed action is a “Unlisted” Action under the City Environmental Quality Review Ordinance, and 4. WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has reviewed the FEAF prepared by planning staff; now, therefore, be it 1. RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts as its own the findings and conclusions more fully set forth on the Full Environmental Assessment Form, dated November 19, 2014, and be it further 2. RESOLVED, That this Common Council, as lead agency in this matter, hereby determines that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary, and be it further 3. RESOLVED, That this resolution constitutes notice of this negative declaration and that the City Clerk is hereby directed to file a copy of the same, together with any attachments, in the City Clerk’s Office, and forward the same to any other parties as required by law. j:\groups\planning and econ dev committee\2014 planning and economic development committee\12 december\2014-r-u-negdec.12-04.doc 12/5/2014  ORDINANCE NO. ____ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325, Zoning, be amended as follows: 1. WHEREAS, in 2013, the City received a development proposal for a residential project located in the Cornell Heights Historic District, and 2. WHERAS, the Ithaca Landmarks Preservation Commission (ILPC), in their review of the project, found that the allowable development by the existing zoning largely conflicted with what the ILPC would permit in order to protect the historic character of the District, and 3. WHEREAS, the Cornell Heights Historic District, unlike Ithaca’s other historic districts, was developed as a planned “residence park”, with significant amounts of green space and informal landscaping in the Romantic tradition intentionally retained around its expansive homes to create a unique neighborhood identity, and 4. WHEREAS, this neighborhood is also designated as a low- density neighborhood in the City of Ithaca’s forthcoming Comprehensive Plan, and 5. WHEREAS, in order to explore alternate zoning options that would better reflect the desired development for this area, a working group was formed consisting of staff from the Planning, Building, Zoning and Economic Development Department and members of the Common Council, and 6. WHEREAS, prior to developing a zoning proposal, a walking tour of the neighborhood was held and the working group also had meetings with the residents of the area, and 7. WHEREAS, the working group has identified amendments to the use and area requirements in the R-U Zoning District that would allow for responsibly developing this area, while preserving the original intent for the district and protecting the important qualities of this neighborhood, and 8. WHEREAS, in addition to the amendments that have been proposed to the R-U Zoning District, residents have requested that the Common Council also explore options for offering additional protections to the entire Cornell Heights Historic District, therefore 12/5/2014  BE IT NOW ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Section 325-8 of the Municipal Code of the City of Ithaca, entitled District Regulations, is hereby amended to add the following underlined language: Section 325-8: District Regulations Chart, R-U Use District Permitted Primary Uses Properties that are less than 60,000 SF are permitted to have only one primary structure on the lot. Properties greater than 60,000 SF may have two primary uses, if approved by Ithaca Landmarks Preservation Commission (ILPC) or Planning Board. Properties with at least 90,000 SF can have as many as 3 primary uses if approved by ILPC or Planning Board. 1. One-family detached, semi-detached, or attached dwelling. 2. Any use permitted in R-1 and R-2. Permitted Uses 3-8 are restricted to 1 every 500 feet for new construction 1, measured from the edge of the property line 3. Multiple dwelling. 4. Rooming or boardinghouse. 5. Cooperative household. 6. Fraternity, sorority or group house. 7. Dormitory. 8. Townhouse or garden apartment housing. By Special Permit of Board of Appeals: 9. Uses 5-7 under R-1* 10. Nursery school, child day care center. 11. Bed and Breakfast Homes and Inns. * Cemetery and Related Building, Public Utility Structures, except offices, All School and Related Buildings Minimum Lot Size (Area in Square Feet) 1. One-family detached dwelling: 10,000 2. One-family semi-detached or two-family dwelling: 15,000. 3. One-family attached dwelling: 16,500 for first 1-3 units plus 1,500 for each additional unit. 1 After the Planning and Economic Development Meeting on November 12, 2014, the Director of Zoning and Code Enforcement advised staff to add language restricting this requirement to new construction in order to prevent making existing properties non-conforming in accordance with the new zoning ordinance. 12/5/2014  4. Multiple dwelling: 16,500 for first 1-3 units plus1,500 for each additional unit. 5. Fraternity, sorority, or group house: 30,000 (was 25,000). 6. Other uses: 30,000 (was 10,000). Width in Feet at Street Line 1. One-family detached dwelling: 75. 2. One-family semi-detached or two-family dwelling: 100. 3. One-family attached dwelling: 125. 4. Multiple dwelling: 125. 5. Fraternity, sorority or group house: 125. 6. Other uses: 125 (was 75). Maximum Building Height Number of Stories: 3 (was 4). Height in Feet – 40. Maximum Percent Lot Coverage by Buildings Lot Coverage: 25% (was 30%). 50% of the developable lot area, after the required setbacks have been calculated, must be retained as green space. Yard Dimensions Front Required Minimum – 25’ Side Minimum – 10’ Other Side Minimum – 10’ Rear Minimum – 50’ or at least 25%, but not less than 30’ Section 2. The City Planning and Development Board, the City Clerk and the Planning Department shall amend the district regulations chart in accordance with the amendments made herewith. Section 3. Severability. Severability is intended throughout and within the provisions of this local law. If any section, subsection, sentence, clause, phrase or portion of this local law is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portion. Section 4. Effective date. This ordinance shall take affect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. CITY OF ITHACA CITY OF ITHACA FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF) FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF) Purpose: The Full Environmental Assessment Form (FEAF) is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently there are aspects of a proposed action that are subjective or immeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be aware of the broader concerns affecting the question of significance. Purpose: The Full Environmental Assessment Form (FEAF) is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently there are aspects of a proposed action that are subjective or immeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be aware of the broader concerns affecting the question of significance. The FEAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. The FEAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. FEAF Components: FEAF Components: Part 1: Provide objective data and information about a given action and its site. By identifying basic project data, it assists in a review of the analysis that takes place in Parts 2 and 3. Part 2: Focus on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA IS FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE—TYPE I AND UNLISTED ACTIONS Identify the Portions of FEAF completed for this action: Part 1 Part 2 Part 3 Upon review of the information recorded on this FEAF (Parts, 2, and 3, if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the Lead Agency that: A. The Proposed Action will not result in any large and important impact(s) an is one that will not have a significant impact on the environment; therefore, A NEGATIVE DECLARATION WILL BE PREPARED. B. Although the proposed action could have a significant impact on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required; therefore, A CONDITIONED NEGATIVE DECLARATION WILL BE PREPARED. * C. The proposed action may result in one or more large and important impacts that may have a significant impact on the environment; therefore, A POSITIVE DECLARATION WILL BE PREPARED. * a Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action: Proposed Amendments to R-U Zoning District Name of Lead Agency: City of Ithaca Name & Title of Responsible Officer in Lead Agency: Mayor Svante Myrick Signature of Responsible Officer in Lead Agency: _________________ Name & Title of Preparer: Jennifer Kusznir, Economic Development Planner Signature of Preparer: _________________ Date: 11/19/14 FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF) PART 1—PROJECT INFORMATION NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the Full Environmental Assessment Form (FEAF) will be dependent on information currently available and will not involve new studies, research, or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. Name of Action: Amendments to the R-U zoning district Location of Action: City of Ithaca Name of Applicant/Sponsor: City of Ithaca Address: 108 E. Green St. City/Town/Village: Ithaca State: NY ZIP: 14850 Business Phone: 607-274-6550 Name of Owner(if different): Address: City/Town/Village: State: ZIP: Business Phone: Description of Action: Amendments to the R-U Zoning District that are intended to allow for future development that will preserve the open space, park-like character, and historic quality of the existing neighborhood, including the following specific changes: • Properties that are less than 60,000 SF are permitted to have only one primary structure on the lot. Properties greater than 60,000 SF may have two primary uses, if approved by ILPC or Planning Board. Properties with at least 90,000 SF can have as many as 3 primary uses if approved by ILPC or Planning Board. • New construction of certain multi-unit uses is restricted to 1 every 500’ • The minimum lot size requirements for fraternities, sororities, group homes, and any other uses not specifically listed is increased to 30,000 square feet. • The minimum required frontage for other uses not specifically listed is increased from 75 feet to 125 feet. • The maximum allowable building height is reduced from 4 stories to 3 stories. • The maximum lot coverage by buildings is reduced from 30% to 25%. In addition, properties are required to retain 50% of the developable lot area, after all setback requirements have been calculated, as greenspace. 2 Please complete each question ― indicate N/A, if not applicable: A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1. Present Land Use: Urban Industrial Commercial Public Forest Agricultural Other: Residential 2. Total area of project area: approximately 60 acres (Chosen units apply to following section also.) Approximate Area (Units in question 2 apply to this section.) Currently After Completion 2a. Meadow or Brushland (non-agricultural) 2b. Forested ~10 ~10 2c. Agricultural 2d. Wetland [as per Articles 24 of Environmental Conservation Law (ECL)] 2e. Water Surface Area 2f. Public 2g. Water Surface Area 2h. Unvegetated (rock, earth or fill) 2i. Roads, buildings, and other paved surfaces ~50 ~50 2j. Other (indicate type) 3a. What is predominant soil type(s) on project site (e.g., HdB, silty loam, etc.): Urban 3b. Soil Drainage N/A Well-Drained ______% of Site Moderately Well-Drained ______% of Site Poorly Drained ______% of Site 4a. Are there bedrock outcroppings on project site? Yes No N/A 4b. What is depth of bedrock? N/A (feet) 4c. What is depth to the water table? N/A (feet) 5. Approximate percentage of proposed project site with slopes: 0-10% 50% 10-15% 25% 15% or greater 25% 6a. Is project substantially contiguous to, or does it contain a building, site or district, listed on or eligible for the National or State Register of Historic Places? Yes No N/A Cornell Heights Historic District 6b. Or designated a local landmark or in a local landmark district? Yes No N/A Cornell Heights Historic District 7. Do hunting or fishing opportunities presently exist in the project area? Yes No N/A If yes, identify each species: 3 A. SITE DESCRIPTION (cont.) 8. Does project site contain any species of plant or animal life that is identified as threatened or endangered? Yes No N/A According to: Identify each Species: 9. Are there any unique or unusual landforms on the project site? (i.e., cliffs, other geological formations) Yes No N/A Describe: 10. Is the project site presently used by the community or neighborhood as an open space or recreation area? Yes No N/A If yes, explain: 11. Does the present site offer or include scenic views known to be important to the community? Yes No N/A Describe: Views across Fall Creek gorge from Fall Creek Drive are of significant importance to the neighborhood. 12. Is project within or contiguous to a site designated a Unique Natural Area (UNA) or critical environmental area by a local or state agency? Yes No N/A Describe: 13. Streams within or contiguous to project area: a. Names of stream or name of river to which it is a tributary: Fall Creek 14. Lakes, ponds, wetland areas within or contiguous to project area: N/A a. Name: b. Size (in acres): 15. Has the site been used for land disposal of solid or hazardous wastes? Yes No N/A Describe: 16. Is the site served by existing public utilities? a. If Yes, does sufficient capacity exist to allow connection? b. If Yes, will improvements be necessary to allow connection? Yes No N/A Yes No N/A Yes No N/A B. PROJECT DESCRIPTION 1. Physical dimensions and scale of project (fill in dimensions as appropriate) 1a. Total contiguous area owned by project sponsor in acres: 60 acres 1b. Project acreage developed: 50 acres initially 50 acres ultimately 1c. Project acreage to remain undeveloped: N/A 1d. Length of project in miles: (if appropriate) N/A or feet: N/A 1e. If project is an expansion, indicate percent of change proposed: N/A 1f. Number of off-street parking spaces existing: N/A proposed: N/A 1g.Maximum vehicular trips generated (upon completion of project) per day: N/A and per hour: N/A 4 B. PROJECT DESCRIPTION (cont.) 1h. Height of tallest proposed structure: feet. N/A 1j. Linear feet of frontage along a public street or thoroughfare that the project will occupy? N/A 2. Specify what type of natural material (i.e., rock, earth, etc.) and how much will be removed from the site: N/A or added to the site: N/A 3. Specify what type of vegetation (trees, shrubs, ground cover) and how much will be removed from the site: acres: N/A type of vegetation: N/A 4. Will any mature trees or other locally important vegetation be removed by this project? N/A 5. Are there any plans for re-vegetation to replace that removed during construction? N/A 6. If single phase project, anticipated period of construction N/A months (including demolition) 7. If multi-phased project, anticipated period of construction N/A months (including demolition) 7a. Total number of phases anticipated: N/A 7b. Anticipated date of commencement for first phase N/A month year (including demolition) 7c. Approximate completion date of final phase N/A month year. 7d. Is phase one financially dependent on subsequent phases? Yes No N/A 8. Will blasting occur during construction? Yes No N/A; if yes, explain: 9. Number of jobs generated: during construction 0 after project is completed 0 10. Number of jobs eliminated by this project 0 Explain: 11. Will project require relocation of any projects or facilities? Yes No N/A; if yes, explain: 12a. Is surface or subsurface liquid waste disposal involved? Yes No N/A; if yes, explain: 12b. If #12a is yes, indicate type of waste (sewage, industrial, etc): N/A 12c. If surface disposal, where specifically will effluent be discharged? N/A 13. Will surface area of existing lakes, ponds, streams, or other surface waterways be increased or decreased by proposal? Yes No N/A; if yes, explain: 14a. Will project or any portion of project occur wholly or partially within or contiguous to the 100 year flood plain? Yes No N/A 14b. Does project or any portion of project occur wholly or partially within or contiguous to: Cayuga Inlet Fall Creek, Cascadilla Creek, Cayuga Lake, Six Mile Creek, Silver Creek? (Circle all that apply) 14c. Does project or any portion of project occur wholly or partially within or contiguous to wetlands as described in Article 24 Of the ECL? Yes No N/A 14d. If #14a, b or c is yes, explain: N/A 15a. Does project involve disposal or solid waste? Yes No N/A 15b. If #15a is yes, will an existing solid waste disposal facility be used? Yes No N/A 15c. If #15b is yes, give name of disposal facility: N/A and its location: 5 B. PROJECT DESCRIPTION (cont.) 15d. Will there be any wastes that will not go into a sewage disposal system or into a sanitary landfill? Yes No N/A; if yes, explain: 15e. Will any solid waste be disposed of on site? Yes No N/A; if yes, explain: 16. Will project use herbicides or pesticides? Yes No N/A; if yes, specify: 17. Will project affect a building or site listed on or eligible for the National or State Register of Historic Places or a local landmark or in a landmark district? Yes No N/A; if yes, explain: The area to be rezoned is partially located within the Cornell Heights Historic District; however, the rezoning should be more protective of the historic characteristic of the area. 18. Will project produce odors? Yes No N/A; if yes, explain: 19. Will project product operating noise exceed the local ambient noise level during construction? Yes No N/A; After construction? Yes No N/A 20. Will project result in an increase of energy use? Yes No N/A; if yes, indicate type(s) N/A 21. Total anticipated water usage per day: gals/day N/A Source of water C. ZONING & PLANNING INFORMATION 1. Does the proposed action involve a planning or zoning decision? Yes No N/A; if yes, indicate the decision required: Zoning Amendment Zoning Variance New/revision of master plan Subdivision Site Plan Special Use Permit Resource Management Plan Other: 2. What is the current zoning classification of site? R-U 3. If the site is developed as permitted by the present zoning, what is the maximum potential development? Under current R-U zoning, maximum building size would be 40-feet in height. 4. Is proposed use consistent with present zoning? Yes No N/A 5. If #4 is no, indicate desired zoning: R-3aa & R-3a 6. If the site is developed by the proposed zoning, what is the maximum potential development of the site? The proposed amendements to the R-U Zoning District will reduce the maximum allowable number of stories from 4 to 3. In addition, the maximum lot coverage is being reduced from 30% to 25% and 50% of the developable portion of the lot must be retained as greenspace. 7. Is the proposed action consistent with the recommended uses in adopted local land-use plans? Yes No N/A; If no, explain: The City currently in the process of amending its Comprehensive plan. In the draft plan this area has been identified as low density neighborhood, which is consistent with the proposed changes. 8. What is the dominant land use and zoning classification within a ¼-mile radius of the project? (e.g., R-1a or R-1b) B-2a, I-1, P-1, R-2a, R-2b, R-3a, R-3b, R-U, and U-1 6 C. ZONING & PLANNING INFORMATION (cont.) 9. Is the proposed action compatible with adjacent land uses? Yes No N/A Explain: 10a. If the proposed action is the subdivision of land, how many lots are proposed? N/A 10b. What is the minimum lot size proposed? Minimum allowable lot size is as follows: 1. One-family detached dwelling: 10,000 2. One-family semi-detached or two-family dwelling: 15,000. 3. One-family attached dwelling: 16,500 for first 1-3 units plus 1,500 for each additional unit. 4. Multiple dwelling: 16,500 for first 1-3 units +1,500 for each additional unit. 5. Fraternity, sorority, or group house: 30,000 SF (was 25,000 SF). 6. Other uses: 30,000 SF (was 10,000 SF). 11. Will the proposed action create a demand for any community-provided services? (recreation, education, police, fire protection, etc.)? Yes No N/A Explain: If yes, is existing capacity sufficient to handle projected demand? Yes No N/A Explain: N/A 12. Will the proposed action result in the generation of traffic significantly above present levels? Yes No N/A If yes, is the existing road network adequate to handle the additional traffic? Yes No N/A Explain: D. APPROVALS 1. Approvals: Common Council Adoption 2a. Is any Federal permit required? Yes No N/A; Specify: 2b. Does project involve State or Federal funding or financing? Yes No N/A; If Yes, Specify: 2c. Local and Regional approvals: Agency Yes or No Type of Approval Required Submittal Date Approval Date Common Council Yes Adoption Board of Zoning Appeals (BZA) No Planning & Development Board No Ithaca Landmarks Preservation Commission (ILPC) No Board of Public Works (BPW) No Fire Department No Police Department No Building Commissioner No Ithaca Urban Renewal Agency (IURA) No E. INFORMATIONAL DETAILS Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. 7 F. VERIFICATION I certify the information provided above is true to the best of my knowledge. Applicant/Sponsor Name: City of Ithaca (Jennifer Kusznir) Signature: __________________________ Title: Economic Development Planner 8 9 City of Ithaca Full Environmental Assessment Form (FEAF) PART 2 ― PROJECT IMPACTS & THEIR MAGNITUDES IMPACT ON LAND 1. Will there be an effect as a result of a physical change to project site? Yes No Small to Moderate Impact Potential Large Impact Can Impact be Reduced by Project Change? Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the general slope in the project exceeds 10%. Yes No Construction on land where the depth to the water table is less than 3 feet. Yes No Construction of parking facility/area for 50 or more vehicles. Yes No Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. Yes No Construction that will continue for more than 1 year or involve more than one phase or stage. Yes No Evacuation for mining purposes that would remove more than 1,000 tons of natural material (i.e., rock or soil) per year. Yes No Construction of any new sanitary landfill. Yes No Construction in a designated floodway. Yes No Other impacts: existing development is in the 500 year flood plain Yes No 2. Will there be an effect on any unique landforms found on the site? (i.e., cliffs, gorges, geological formations, etc.) Yes No Small to Moderate Impact Potential Large Impact Can Impact be Reduced by Project Change? Specific land forms: Yes No IMPACT ON WATER 3. Will project affect any water body designated as protected? (Under article 15 or 24 of the Environmental Conservation Law, E.C.L.) Yes No Small to Moderate Impact Potential Large Impact Can Impact be Reduced by Project Change? Developable area of site contains a protected water body Yes No Dredging more than 100 cubic yards of material from channel of a protected stream. Yes No Extension of utility distribution facilities through a protected water body. Yes No Construction in a designated freshwater wetland. Yes No Other impacts: Yes No IMPACT ON WATER (cont.) 4. Will project affect any non-protected existing or new body of water? Yes No Small to Moderate Impact Potential Large Impact Can Impact be Reduced by Project Change? A 10% increase or decrease in the surface area of any body of water or more than a 10,000 sq. ft. of surface area. Yes No Construction, alteration, or conversion of a body of water that exceeds 10,000 sq. ft. of surface area. Yes No Fall Creek, Six Mile Creek, Cascadilla Creek, Silver Creek, Cayuga Lake or the Cayuga Inlet? Yes No Other impacts: Yes No 5. Will project affect surface or groundwater quality? Yes No Small to Moderate Impact Potential Large Impact Can Impact be Reduced by Project Change? Project will require a discharge permit. Yes No Project requires use of a source of water that does not have approval to serve proposed project. Yes No Construction or operation causing any contamination of a public water supply system. Yes No Project will adversely affect groundwater. Yes No Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. Yes No Project requiring a facility that would use water in excess of 20,000 gallons per day or 500 gallons per minute. Yes No Project will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. Yes No Proposed Action will require the storage of petroleum or chemical products greater than 1,100 gallons. Yes No Other impacts: Yes No 6. Will project alter drainage flow, drainage patterns or surface water runoff? Yes No Small to Moderate Impact Potential Large Impact Can Impact be Reduced by Project Change? Project would impede floodwater flows. Yes No Project is likely to cause substantial erosion. Yes No Project is incompatible with existing drainage patterns. Yes No Other impacts: Yes No IMPACT ON AIR 7. Will project affect air quality? Yes No Small to Moderate Impact Potential Large Impact Can Impact be Reduced by Project Change? Project will induce 500 or more vehicle trips in any 8- Yes No IMPACT ON AIR hour period per day. Project will result in the incineration of more than 2.5 tons of refuse per 24-hour day. Yes No Project emission rate of all contaminants will exceed 5 lbs per hour or a heat source producing more than 10 million BTUs per hour. Yes No Other impacts: Yes No IMPACTS ON PLANTS & ANIMALS 8. Will project affect any threatened or endangered species? Yes No Small to Moderate Impact Potential Large Impact Can Impact be Reduced by Project Change? Reduction of any species listed on the New York or Federal list, using the site, found over, on, or near site. Yes No Removal of any portion of a critical or significant wildlife habitat. Yes No Application of pesticide or herbicide more than twice a year other than for agricultural purposes. Yes No Other impacts: Yes No 9. Will proposed action substantially affect non- threatened or non-endangered species? Yes No Small to Moderate Impact Potential Large Impact Can Impact be Reduced by Project Change? Proposed action would substantially interfere with any resident or migratory fish or wildlife species. Yes No Proposed action requires the removal or more than 1/2 acre of mature woods or other locally important vegetation. Yes No Other impacts: Yes No IMPACT ON AESTHETIC RESOURCES 10. Will the proposed action affect views, vistas or the visual character of the neighborhood or community? Yes No Small to Moderate Impact Potential Large Impact Can Impact be Reduced by Project Change? Proposed land uses, or proposed action components obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural. Yes No Proposed land use, or proposed action components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of aesthetic qualities of that resource. Yes No Proposed action will result in the elimination or major screening of scenic views known to be important to the area. Yes No 11 IMPACT ON AESTHETIC RESOURCES Other impacts: Yes No IMPACT ON HISTORIC & ARCHAEOLOGICAL RESOURCES 11. Will proposed action impact any site or structure of historic, prehistoric or paleontological importance? Yes No Small to Moderate Impact Potential Large Impact Can Impact be Reduced by Project Change? Proposed action occurring wholly or partially within or contiguous to any facility or site listed on or eligible for the National or State Register of Historic Places. Yes No Any impact to an archaeological site or fossil bed located within the project site. Yes No Proposed action occurring wholly or partially within or contiguous to any site designated as a local landmark or in a landmark district. Action is more protective of historic district Yes No Other impacts: Yes No IMPACT ON OPEN SPACE & RECREATION 12. Will the proposed action affect the quantity or quality of existing or future open spaces or recreational opportunities? Yes No Small to Moderate Impact Potential Large Impact Can Impact be Reduced by Project Change? The permanent foreclosure of a future recreational opportunity. Yes No A major reduction of an open space important to the community. Yes No Other impacts: Yes No IMPACT ON UNIQUE NATURAL AREAS & CRITICAL ENVIRONMENTAL AREAS 13. Will the proposed action impact the exceptional or unique characteristics of a site designated as a unique natural area (UNA) or a critical environmental area (CEA)by a local or state agency? Yes No Proposed Action to locate within a UNA or CEA? Yes No Proposed Action will result in a reduction in the quality of the resource Yes No Proposed Action will impact the use, function or enjoyment of the resource Yes No Other impacts: Yes No IMPACT ON TRANSPORTATION 14. Will there be an effect to existing transportation systems? Yes No Small to Moderate Impact Potential Large Impact Can Impact be Reduced by Project Change? Alteration of present patterns of movement of people and/or goods. Yes No Proposed action will result in major traffic problems. Yes No Other impacts: Yes No IMPACT ON ENERGY 12 15. Will proposed action affect the community's sources of fuel or energy supply? Yes No Small to Moderate Impact Potential Large Impact Can Impact be Reduced by Project Change? Proposed action causing greater than 5% increase in any form of energy used in municipality. Yes No Proposed action requiring the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences. Yes No Other impacts: Yes No IMPACT ON NOISE & ODORS 16. Will there be objectionable odors, noise, glare, vibration or electrical disturbance during construction of or after completion of this proposed action? Yes No Small to Moderate Impact Potential Large Impact Can Impact be Reduced by Project Change? Blasting within 1,500 feet of a hospital, school, or other sensitive facility? Yes No Odors will occur routinely (more than one hour per day) Yes No 13 IMPACT ON NOISE & ODORS (cont.) Proposed action will produce operating noise exceeding the local ambient noise levels for noise outside of structure. Yes No Proposed action will remove natural barriers that would act as a noise screen. Yes No Other impacts: Yes No IMPACT ON PUBLIC HEALTH 17. Will proposed action affect public health and safety? Yes No Small to Moderate Impact Potential Large Impact Can Impact be Reduced by Project Change? Proposed action will cause a risk of explosion or release of hazardous substances (i.e., oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there will be a chronic low-level discharge or emission. Yes No Proposed action may result in the burial of “hazardous wastes” in any form (i.e., toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) Yes No Proposed action may result in the excavation or other disturbance within 2,000 feet of a site used for the disposal of solid or hazardous wastes. Yes No Proposed action will result in the handling or disposal or hazardous wastes (i.e., toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc., including wastes that are solid, semi-solid, liquid or contain gases.) Yes No Storage facilities for 50,000 or more gallons of any liquid fuel. Yes No Use of any chemical for de-icing, soil stabilization or the control of vegetation, insects or animal life on the premises of any residential, commercial or industrial property in excess of 30,000 square feet. Yes No Other impacts: Yes No IMPACT GROWTH & CHARACTER OF COMMUNITY OR NEIGHBORHOOD 18. Will proposed action affect the character of the existing community? Yes No Small to Moderate Impact Potential Large Impact Can Impact be Reduced by Project Change? The population of the City in which the proposed action is located is likely to grow by more than 5% of resident human population. Yes No 14 IMPACT GROWTH & CHARACTER OF COMMUNITY OR NEIGHBORHOOD (cont.) The municipal budgets for capital expenditures or operating services will increase by more than 5% per year as a result of this proposed action. Yes No Proposed action will conflict with officially adopted plans or goals: Yes No Proposed action will cause a change in the density of land use. Yes No The proposed action will replace or eliminate existing facilities, structures, or areas of historic importance to the community. Yes No Development will create a demand for additional community services (e.g. schools, police, and fire, etc. Yes No Proposed action will set an important precedent for future actions. Yes No Proposed action will relocate 15 or more employees in one or more businesses. Yes No Other impacts: Yes No 19. Is there public controversy concerning the proposed action? Yes No Small to Moderate Impact Potential Large Impact Can Impact be Reduced by Project Change? Either government or citizens of adjacent communities have expressed opposition or rejected the proposed action or have not been contacted. Yes No Objections to the proposed action from within the community. Yes No ― If any action in Part 2 is identified as a potential large impact, or if you cannot determine the magnitude of impact, proceed to Part 3. ― 15 16 City of Ithaca Full Environmental Assessment Form (FEAF) — Part III Proposed Rezoning of Portions of R-U Zoning District to R-3a & R-3aa November 19, 2014 PROPOSED ACTION The proposed action is to amend the R-U Zoning District to allow for future development that will preserve the open space, park-like character, and historic quality of the existing neighborhood. The following specific changes are proposed: • Properties that are less than 60,000 SF are permitted to have only one primary structure on the lot. Properties greater than 60,000 SF may have two primary uses, if approved by Ithaca Landmarks Preservation Commission (ILPC) or Planning Board. Properties with at least 90,000 SF can have as many as 3 primary uses if approved by ILPC or Planning Board. • New construction of certain muti-unit uses is restricted to 1 every 500 feet. • The minimum lot size requirements for fraternities, sororities, group homes, and any other uses not specifically listed is increased to 30,000 SF. • The minimum required street frontage for other uses not specifically listed is increased from 75 feet to 125 feet. • The maximum allowable building height is reduced from 4 stories to 3 stories. • The maximum lot coverage by buildings is reduced from 30% to 25%. In addition, properties are required to retain 50% of the developable lot area, after all setback requirements have been calculated, as greenspace. ENVIRONMENTAL IMPACTS Impact on Historic Resources—Small to Moderate Impact The R-U Zoning District is located partially within the nationally and locally designated Cornell Heights Historic District; however, the proposed amendments will offer some additional protection to the historic character of this area.     CITY OF ITHACA  108 East Green Street, Ithaca, New York   14850‐6590    COMMON COUNCIL  Joseph “Seph” Murtagh, Second Ward Alderperson  Email: jmurtagh@cityofithaca.org          To: Planning and Economic Development Committee  From: Seph Murtagh, Chair  Re: Noise Ordinance Reform  Date: December 3rd, 2014    The purpose of this memo is to provide background information regarding a proposal to amend City  of Ithaca Code §240, City of Ithaca Noise Ordinance. In 2013, the City hired consultant Eric M.  Zwerling, M.S. from the Rutgers Noise Technical Assistance Center (Department of Environmental  Sciences, Rutgers ― The State University of New Jersey) to assist the City in revising its noise  ordinance. This effort was initiated in response to noise disputes that had been arising around the  city (especially between commercial and residential uses), as well as complaints about the  vagueness of the City’s current ordinance. Mr. Zwerling visited Ithaca, gathered public input, met  with interested parties, and conducted sound tests at various sites around the city. His main task  was to produce a draft of a new noise ordinance.     To summarize the major changes, the new ordinance would:   *add some new definitions to the code (e.g., “multi‐use property,” “commercial use     property”)   *create new standards for the primary Commons and City parks   *establish city‐wide permissible noise levels   *establish special provisions for commercial establishments serving food and alcohol   *add new regulations for unamplified human voice and motor vehicles     At the November 12, 2014 meeting of the Planning and Economic Development committee,  committee members reviewed the draft proposal and proposed amendments, including removal of  rule that stipulates that residents located within 200 feet of commercial zone will be held to less  restrictive standard. Please find an enclosed draft that reflects these amendments. If the committee  is willing, we will pass this along to Common Council for possible adoption at our January Council  meeting. If you have any questions, feel free to contact me at 585‐703‐2582.     Sincerely,    Seph Murtagh     An Ordinance to Amend the City of Ithaca Municipal Code, Chapter 240, Entitled “Noise,” in Order to Incorporate Decibel Standards ORDINANCE __-2014 WHEREAS, the City’s noise ordinance has long contained a useful, subjective standard for identifying unreasonable noise; and WHEREAS, that subjective standard continues to be applicable to many of the noise determinations made by the City; and WHEREAS, certain other noise determinations have posed difficult determinations for the City that could be better resolved under an objective decibel-based standard for identifying unreasonable noise; and WHEREAS, the City retained an outside consultant to assist in the drafting of a noise ordinance which, as presented herein, retains the subjective standard and supplements it with a subjective standard; and WHEREAS, it is the intent of the Common Council that the subjective standard herein be more commonly applied by the City, and in particular its police officers, in the first instance, but that said officers may select to employ the objective standard herein in the first or subsequent instance, as in their judgment appropriate to a particular situation; now therefore BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Findings of Fact. The Common Council finds that, despite the continuing utility of the City’s subjective standard for identifying unreasonable noise, certain noise determinations, and particularly those situations of an ongoing or repetitive nature, may be better resolved under an objective decibel-based standard for identifying unreasonable noise. Section 2. Amendment. Chapter 240 of the Municipal Code of the City of Ithaca shall be amended in its entirety so as to read as follows: § 240-1Title. This chapter shall be known and may be cited as the "City of Ithaca Noise Ordinance." § 240-2Purpose. The purpose of this chapter is to preserve the public health, peace, welfare and good order by suppressing the making, creation or maintenance of excessive, unnecessary, unnatural or unusually loud noises which are prolonged, unusual and unnatural in their time, place and use and which are detrimental to the environment. It is also the purpose of this chapter to allow all residents of the City to coexist harmoniously in a manner which is mutually respectful of the interests, rights and obligations of all persons. § 240-3Definitions. [Amended 9-1-2004 by Ord. No. 2004-14] Unless the context otherwise clearly indicates, the words and phrases used in this chapter are defined as follows: ANSI The American National Standards Institute or its successor bodies. A-WEIGHTED SOUND LEVEL The sound pressure level in decibels as measured on a sound level meter using the A- weighted network. The level so read is designated "dBA". All references to "decibel" shall be presumed to mean "dBA" unless otherwise specified. COMMERCIAL USE PROPERTY Any premises containing businesses where sales, offices, professional services, or other commercial use is legally permitted. CONTINUOUS SOUND Any sound that is not impulse sound. DAYTIME HOURS The hours between 7:30 a.m. and 10:00 p.m., local time, on any day. dBA The A-weighted sound level in decibels. DECIBEL A unit for measuring the volume of a sound, equal to the logarithm of the ratio of the sound pressure of the sound to the sound pressure of a standard sound (0.0002 microbar); abbreviated "dB." EMERGENCY WORK Work made necessary to restore property to a safe condition following a public calamity or work necessary to protect persons or property from an imminent exposure to danger. IMPULSIVE SOUND A sound of short duration, usually less than one second, and of high intensity, with an abrupt onset and rapid decay. INDUSTRIAL USE PROPERTY Any premises engaged in the manufacturing, processing, production, or shipping, of equipment or materials, including storage yards, shall be considered industrial use, where legally permitted. MOTOR VEHICLES Includes but is not limited to automobiles, trucks, buses, mopeds, minibikes and any other vehicles as defined by the Vehicle and Traffic Law of the State of New York, as it may be amended from time to time. MULTI-USE PROPERTY Any distinct parcel of land that is used for more than one category of activity (e.g., commercial and residential). NIGHTTIME HOURS The hours between 10:00 p.m., local time, on any day and 7:30 a.m. on the following day. PERSON Includes the singular and plural and also any individual; any property owner and/or lessee; any firm; a corporation; a political subdivision; a government agency, including any agency of the City of Ithaca; an association or an organization, including but not limited to officers, directors, employees, agents and/or independent contractors thereof; or any legal entity whatsoever. REAL PROPERTY LINE Means either (a) the vertical boundary that separates one parcel of property (i.e., lot and block) from another residential or commercial property; (b) the vertical and horizontal boundaries of a dwelling unit that is part of a multi-dwelling unit building; or (c) on a multi-use property as defined herein, the vertical or horizontal boundaries between the two portions of the properties on which different categories of activity are being performed. RESIDENTIAL USE PROPERTY Any property used for human habitation, unless habitation is a condition of employment, including, but not limited to: 1. Private property used for human habitation; 2. Commercial living accommodations and commercial property used for human habitation; 3. Recreational and entertainment property used for human habitation; 4. Community service property used for human habitation. SOUND-AMPLIFYING EQUIPMENT Any machine or device for the amplification of the human voice, instrumental music or any other sound. As used in this chapter, "sound-amplifying equipment" shall not include warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes or authorized fire horns or other authorized emergency alarms. SOUND-LEVEL METER An instrument that conforms to ANSI S1.4-1983 or its successors. SOUND SOURCE Any person or thing from which sound is created. UNREASONABLE NOISE A level of sound that is injurious or annoying or disturbing to be heard. § 240-4Unreasonable noise prohibited. [Amended 8-4-2004 by Ord. No. 2004-12] A. No person shall cause public inconvenience, annoyance or alarm or recklessly create a risk thereof by making unreasonable noise or by causing unreasonable noise to be made. B. For the purpose of implementing and enforcing the standard set forth in Subsection A of this section, "unreasonable noise" shall mean any sound created or caused to be created by any person which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of the public or which causes injury to animal life or damages to property or business. Factors to be considered in determining whether unreasonable noise exists in a given situation include but are not limited to any or all of the following: (1) The intensity of the noise. (2) Whether the nature of the noise is usual or unusual. (3) Whether the origin of the noise is associated with nature or human-made activity. (4) The intensity of the background noise, if any. (5) The proximity of the noise to sleeping facilities. (6) The nature and the zoning district of the area within which the noise emanates and of the area within 500 feet of the source of the sound. (7) The time of the day or night the noise occurs. (8) The time duration of the noise. (9) Whether the sound source is temporary. (10) The volume of the noise. (11) The existence of complaints concerning the noise from persons living or working in different places or premises who are affected by the noise. C. This section shall not be interpreted to prevent the issuance of permits pursuant to § 240-14 that will authorize particular sound sources. D. "Person" defined. For the purposes of this section: (1) For an offense that occurs on any public property where permission was obtained to use that public property, a "person" shall include the person or persons who obtained permission to utilize that property for that event. (2) For an offense that occurs on private property, a "person" shall include any adult person or persons who live in or on the property that is involved in the offense. (3) For an offense that occurs after granting of a permit pursuant to Article III of this chapter, a "person" shall include the person or persons who are listed on the permit. § 240-5Purpose of article. The provisions of this Article II complement and supplement the other provisions of this chapter and shall be interpreted and applied in accordance with and in addition to and not in lieu of those other provisions. The provisions of this article shall not be interpreted to prevent the issuance of permits pursuant to § 240-14 that will authorize particular sound sources. § 240-6Radios, television sets and similar sound-amplifying devices. Devices for sound amplification, production and reproduction. A. It shall be unlawful for any person anywhere in the City to use or to operate any radio or receiving set, musical instrument, phonograph, television set, any other machine or device for the producing or reproducing of sound or any other sound-amplifying equipment in a loud, annoying or offensive manner such that noise from the device interferes with the comfort, repose, health or safety or members of the public or recklessly creates a risk thereof, within any building or, outside of a building, at a distance of 25 feet or more from the source of such sound or interferes with the conversation of members of the public who are 25 feet or more from the source of such sound. [Amended 9-1-2004 by Ord. No. 2004-13] B. "Person" defined. For the purposes of this section: [Added 8-4-2004 by Ord. No. 2004-12] (1) For an offense that occurs on any public property where permission was obtained to use that public property, a "person" shall include the person or persons who obtained permission to utilize that property for that event. (2) For an offense that occurs on private property, a "person" shall include any adult person or persons who live in or on the property that is involved in the offense. (3) For an offense that occurs after granting of a permit pursuant to Article III of this chapter, a "person" shall include the person or persons who are listed on the permit. § 240-7 Parties and other social events. A. It shall be unlawful for any person in charge of a party or other social event that occurs on any private or public property to allow that party or event to produce noise in a loud, annoying or offensive manner such that noise from the party interferes with the comfort, repose, health or safety of members of the public within any building or, outside of a building, or recklessly creates the risk thereof, at a distance of 25 feet or more from the source of such sound. [Amended 9-1-2004 by Ord. No. 2004-13] B. For the purposes of this section, a "person in charge of a party or other social event": [Amended 9-1-2004 by Ord. No. 2004-13] (1) That occurs on any public property shall include the person or persons who obtained permission to utilize that property for that event. (2) That occurs on private property shall include the person who owns the premises involved and any adult person who lives in or on the premises involved in such party or social event. (3) Shall include the person who is listed on a permit granted pursuant to Article III of this chapter with respect to such event. C. For any violation of this section where beer is being served from a keg on the premises, the person to whom the keg is registered shall be presumed to be responsible for the violation, in addition to any person designated in Subsection A or B above. § 240-8 Maximum Permissible Sound Levels. In addition to prohibitions set forth elsewhere in this chapter, the following general prohibitions regarding sound levels shall apply in determining unreasonable noise: A. No person shall operate or cause to be operated any source of continuous sound from any use occupancy in such a manner as to create a sound level which exceeds the limits set forth in the receiving use occupancy category in Table I, when measured at or within the real property line of the receiving property. TABLE I MAXIMUM PERMISSIBLE SOUND LEVEL LIMITS BY RECEIVING LAND USE dBA Residential1 7:30 a.m. - 10:00 p.m. Residential2 7:30 a.m. - 10:00 p.m. All Residential 10:00 p.m. –7:30 a.m. Commercial 24 hours Industrial 24 hours OUTDOORS 60 65 50 65 75 INDOORS3 50 55 40 55 65 1. Residential receptor not within a commercial or industrial zone. 2. Residential receptor within a commercial or industrial zone, including but not limited to those zones designated CBD, Waterfront, B, WDEZ, and Industrial. 3. The indoor permissible sound level limits only apply if the sound source is on or within the same property as the receiving property, as in the case of a multi-dwelling unit building or a multi-use property (e.g., sound generated within a commercial unit of a multi-use property building and received within a residential unit of the same building). In addition, indoor measurements shall be taken if the property line between the receiving property and the source property is a common wall, floor or ceiling (2) Impulsive Sound: No person shall make, cause, allow or permit the operation of any impulsive source of sound within any and all property in the city which has a maximum sound pressure level in excess of eighty (80) dBA, when measured at or within the real property line of the receiver. If an impulsive sound is the result of the normal operation of an industrial or commercial facility and occurs more frequently than four (4) times in any hour the levels set forth in Table I shall apply. B. Sources of Sound on Ithaca Primary Commons or Any City Park In addition to those specific prohibition set forth in Table I of this Section, no person shall make, cause, allow, or permit any source of sound on the Ithaca Primary Commons or any city park that exceeds 70 dBA during daytime hours and 60 dBA during nighttime hours when measured at a distance of 25 feet or more from the source. C. Commercial establishments serving alcohol or food, or presenting live or recorded musical performances    In addition to those specific prohibitions set forth in Table I of this Section, commercial establishments such as bars, restaurants, cabarets, or performance venues shall conform to the following standards: (1) There shall be no sound production device on the exterior of the establishment or inside the establishment at a distance of less than ten feet to an open door or window towards which it is oriented, without a permit. (2) There shall be no outdoor gaming devices. § 240-9 Other Prohibited Acts A. Unamplified human voice. (1) No person shall make, continue, or cause to be made or continued, any unreasonable noise by use of the unamplified human voice. The unamplified human voice engaged at conversational levels shall be exempt from this provision if such sound is not plainly audible beyond 100 feet or does not infringe on the legitimate rights of others. Raised vocal effort, such as shouting, yelling or screaming, with intent to cause public inconvenience, annoyance or alarm or recklessly causing a risk thereof or that serves no legitimate purpose, when audible at distances greater than 100 feet, is prima facie evidence of a violation of this provision. This shall not apply to spontaneous utterances such as laughter, exclamations of warning, or sporting events. (2) It shall be unlawful for any person to advertise, promote or sell anything by outcry within any area of the City zoned for residential uses, including all R and CR zones. The provisions of this section shall not be construed to prohibit the selling by outcry of merchandise, food and beverages at licensed sporting events, parades, fairs, circuses and other similar licensed public entertainment events. § 240-9 B. Machinery. It shall be unlawful for any person to operate or repair any machinery, motor vehicle, construction equipment or other equipment, pump, fan, air-conditioning apparatus or similar mechanical device or to engage in any commercial or industrial activity in any manner so as to create unreasonable noise as defined in § 240-4 of this chapter. In making such determination with respect to the matters governed by this section, additional factors to be considered shall include: A. (1) The necessity of the work being done. B. (2) The ability of the creator of the noise to minimize or reduce the amount of noise created or to otherwise minimize its adverse effects. § 240-10 C. Construction during nighttime hours. A. (1) Except for the purposes specified in Subsection B hereunder, during nighttime hours it shall be unlawful for any person within a residential zone or within 500 feet of a residential zone to operate construction equipment (including but not limited to any pile driver, steam shovel, pneumatic hammer, derrick or steam or electric hoist) or perform any outside construction or repair work so as to create noise. Any designated official of the City of Ithaca shall give a verbal warning that the violation exists and of the penalties that may result if the violation continues. B. (2) This section shall not be deemed to prohibit: (1) a. Work of an emergency nature. (2) b. Work of a domestic nature on buildings, structures or projects being undertaken by a person(s) residing in such premises; provided that, if any domestic power tool, including but not limited to mechanically powered saws, sanders, grinders and lawn and garden tools used outdoors, is operated during the nighttime hours, no person shall operate such machinery so as to cause noise within a residential building or across a residential real property boundary where such noise interferes with the comfort, repose, health or safety of members of the public within any building or, outside of a building, at 25 feet or more from the source of the sound. § 240-10. Motor Vehicles A. No person shall remove or render inoperative, or cause to be removed or rendered inoperative or less effective than originally equipped, other than for the purposes of maintenance, repair, or replacement, of any device or element of design incorporated in any motor vehicle for the purpose of noise control. No person shall operate a motor vehicle or motorcycle which has been so modified. A vehicle not meeting these requirements shall be deemed in violation of this provision if it is operated stationary or in motion in any public space or public right-of-way. B. No motorcycle shall be operated stationary or in motion unless it has a muffler that complies with and is labeled in accordance with the Federal Noise Regulations under 40 CFR Part 205. C No person shall operate any motor vehicle with an engine braking device engaged which does not have a muffler in good working order. D. Personal or commercial vehicular music amplification or reproduction equipment shall not be operated in such a manner that it is plainly audible at distance of 25 feet in any direction from the vehicle between the hours of 10:00 p.m. and 7:30 a.m. E. Personal or commercial vehicular music amplification or reproduction equipment shall not be operated in such a manner that is plainly audible at a distance of 50 feet in any direction from the operator between the hours of 7:30 a.m. and 10:00 p.m. § 240-11 Applicability of section. Section 240-6, 240-7, 240-8 and 240-9 shall be applied in addition to § 240-4. § 240-12 Severability If any provision of this ordinance is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, the remaining provisions of the ordinance shall not be invalidated. § 240-12Continuing noise. It shall be unlawful for any person to make or continue or cause to be made or continued any loud, unnecessary or unusual noise or sound which shall exceed the permitted noise levels specified in this chapter. Any designated official of the City of Ithaca may issue a verbal warning that the violation exists and of the penalties that may ensue. § 240-13Horns and alarms. Exceptions This chapter shall not apply to fire horns or other alarms authorized by the Fire Department or Police Department and operated in accord with that authorization. The provisions of this chapter shall not apply to: A. Sound and vibration emitted for the purpose of alerting people in an emergency or in the performance of the response to an emergency. B. Sounds connected with any authorized carnival, fair, exhibition, parade or community celebration or from any municipally sponsored celebration, event, activity or individually sponsored event where a permit or other relevant permission has been obtained from the City. C. The operation or use of any bell, chimes, or other instrument from any church, synagogue, temple, mosque or school licensed or chartered by the State of New York, provided such operation or use does not occur during nighttime hours. D. Sounds created by any government agency by the use of public warning devices. E. Noise from domestic power tools, lawn mowers, leaf blowers and agricultural equipment when operated with a muffler between the hours of 8:00 a.m. and 8:00 p.m. on weekdays and 9:00 a.m. and 8:00 p.m. on weekends and legal holidays, provided they produce less than 75 dBA at or within any real property line of a receiving residential property. F. Noise from snow blowers, snow throwers, and snow plows when operated with a muffler for the purpose of snow removal. G. Noise from an exterior burglar alarm of any building or motor vehicle provided such burglar alarm shall terminate its operation within five (5) minutes after it has been activated. H. Sounds created by any governmental agency or railroad agency by the use of public warning devices or created by public utilities in carrying out the normal operations of their franchises. § 240-14 Permit procedures for certain activities events of a temporary duration. [Amended 9-1-2004 by Ord. No. 2004-14; 5-4-2005 by Ord. No. 2005-06] Except as provided for in § 157-8 of the City Code regarding the Ithaca Commons: A. Where a sound source exists, is planned, installed or intended to be installed or modified by any person in a manner that such source will create or is likely to create unreasonable noise or otherwise fail to comply with the provisions of this chapter, such person must secure a permit pursuant to Subsection D of this section. B. Where any person uses or plans to use any sound-amplifying equipment in such a way that such equipment is or will be heard outside of any building or vehicle between 10:00 p.m. of any day and 7:30 a.m. of the next day, such person must secure a permit pursuant to Subsection D of this section. C. Where any person uses or plans to use a public-address system that will make sound outside of a building, such person must secure a permit pursuant to Subsection D of this section. D. Applications shall be submitted at least 72 hours in advance of an event. The application for the permit shall provide the following information: (1) The reasons for such usage, including a demonstration why it is desirable or necessary that the sound source involved be authorized by a permit pursuant to this section. (2) Plans and specifications of the use. (3) Noise-abatement and -control methods to be used with respect to the sound source involved. (4) The period of time during which the permit shall apply. (5) The name of the person(s) who is responsible for ensuring that the activity complies with any permit issued for it pursuant to this section. (6) If required by the party issuing the permit, proof that notification of the application for the permit has been given to each person reasonably expected to be affected by the noise, the content of such notification and the manner in which such notification has been given, if the event is not a community-wide or public event. The notification shall state that any person objecting to the granting of such permit may contact the appropriate city department to which the application is being made to express his/her opposition to the granting of the permit. E. The application shall be made to the Superintendent of Public Works, or his/her designee, in connection with construction work on public rights-of-way or in parks; to the Director of Planning and Development, or his/her designee, for all other construction projects; and for others to the Mayor or his/her designee. The issuance of permits shall be discretionary, and a permit shall be issued only where the responsible official determines that such permit is reasonable and necessary and will allow an activity that is consistent with the general purposes of this chapter, as stated in § 240-2. When determining if a permit should be issued, factors the official shall consider shall include but are not limited to the volume of the noise, the proximity of the noise to sleeping facilities, the time of the day or night the noise occurs, the time duration of the noise, and the impact of the noise on persons living or working in different places or premises who are affected by the noise. Any permit granted shall state that the permit only applies to this chapter, and that § 240.20, Subdivision 2, of the Penal Law of the State of New York, Disorderly Conduct, provides that “a person is guilty of disorderly conduct when, with intent to cause public inconvenience, annoyance or alarm or recklessly creating a risk thereof: . . . he makes unreasonable noise." [Amended 6-5-2013 by Ord. No. 2013-15[1]] [1]: Editor's Note: This ordinance provided for an effective date of 1-1-2014. F. In order to further the purposes of this chapter and to facilitate its implementation and enforcement, the Superintendent of Public Works, the Director of Planning and Development and the Mayor, or their designees, shall have authority to impose such conditions as they determine are reasonable and necessary on permits they issue pursuant to this section. Such conditions may govern factors which include but are not limited to the time and location the involved sound source may be utilized. [Amended 6-5-2013 by Ord. No. 2013-15[2]] [2]: Editor's Note: This ordinance provided for an effective date of 1-1-2014. G. The Superintendent of Public Works, the Director of Planning and Development and the Mayor or their designees shall provide the Chief of Police with a copy of any permit issued pursuant to this section. [Amended 6-5-2013 by Ord. No. 2013-15[3]] [3]: Editor's Note: This ordinance provided for an effective date of 1-1-2014. § 240-15 Variances The Mayor or his/her designee may grant for a sustained duration an individual variance from the limitations prescribed in this article whenever it is found, after a noticed public hearing before the Mayor, or his/her designee and upon presentation of adequate proof, that compliance with any part of this article will impose an undue economic burden upon any lawful business, occupation or activity, and that the granting of the variance will not result in a condition injurious to health or safety. A. Any variance, or renewal thereof, shall be granted within the requirements of division (A) of this section and for time periods and under conditions consistent with the reasons therefore, and within the following limitations: 1. If the variance is granted on the grounds that compliance with the particular requirement or requirements will necessitate the taking of measures which, because of their extent or cost, must be spread over a considerable period of time, it shall be for a period not to exceed such reasonable time as, in the view of the Mayor or his/her designee, is requisite for taking of the necessary measures. A variance granted on the ground specified in this division shall contain a timetable for taking of action in an expeditious manner and shall be conditioned on adherence to the timetable; or 2. If the variance is granted on the ground that it is justified to relieve or prevent hardship of a kind other than that provided for in division (1) of this division (B), it shall be for not more than one year. B. Any person seeking a variance shall file a petition for variance and a $50 filing fee with the Mayor or his/her designee. The Mayor or his/her designee shall thereafter conduct a noticed public hearing in accordance with this section, accept documentary and testimonial evidence in accordance with accepted administrative hearing procedures, and make a final decision regarding the granting of the variance. C. Written notice of the public hearing, the time and place of which shall be set by the Mayor or his/her designee, shall be mailed by the petitioner at least 10 days prior to the hearing, with proof of mailing provided to the Mayor at least 8 days prior to the hearing, to: 1. the owners as shown by the records of the County Assessor of lots comprising the site of the variance and lots within 200 feet, excluding public right-of-way, of the site of the variance; 2. any neighborhood association if the site of the variance is within the neighborhood association’s boundaries or within 200 feet of the neighborhood association’s boundaries, excluding public right-of way. 3. any other person or entity that has filed with the Mayor a request to receive a notice of the variance proceeding. D. The notice of hearing shall set forth the name and address of the petitioner, the location of the site of the variance, that the petitioner has requested a variance from this ordinance, the nature of the requested variance, and that part of the ordinance that would be-waived if approved. E. Following the hearing, the Mayor or his/her designee shall render a written final decision including findings of fact and conclusions of law. The Mayor or his/her designee shall mail the decision to all parties of record. § 240-16 Penalties for offenses; presumptions. A. Any person who shall violate any provision of this chapter shall be punishable by a fine not to exceed $500 or imprisonment of not more than 15 days, or not more than 100 hours of community service or any combination of such fine and imprisonment and not less than $100 or 25 hours of community service; provided, however, that a person who shall violate any provision of this chapter after having been convicted of a violation of any provision of this chapter within the preceding three years shall be punishable by a fine not to exceed $750 or by imprisonment of not more than 15 days, or not more than 125 hours of community service or, any combination of such fine and imprisonment and not less than $200 or 40 hours of community service; and further provided that any person who shall violate any provision of this chapter after having been convicted two or more times of a violation of any provision of this chapter within the preceding three years shall be punishable by a fine not to exceed $1,000 or by imprisonment of not more than 15 days, or not more than 125 hours of community service, or any combination of such fine and imprisonment, and not less than $300 or 50 hours of community service. For any penalties of community service, the court may accept community service from people other than the defendant whom the court deems appropriate, such as other residents of the premises or others who choose to accept responsibility for the violation. In assessment of the above penalties, aggravating factors shall include but not be limited to the presence of the following factors: (1) A common source of alcohol such as a keg; (2) A live band or disc jockey or other live entertainment; (3) Amplified sound emanating from speakers placed or directed outside of the building; (4) A charge to gain entrance into the premises or to consume alcohol; (5) A violation of § 250.8 (public urination) of this Code on the premises; (6) The offense takes place after midnight on weekdays and 1:00 a.m. on weekends and before the following 6:00 a.m.; (7) More than 25 guests on the premises, "guests" being defined for the purposes of this section as any people who do not reside at the premises; (8) Any underage person or persons possessing or consuming alcohol on the premises, each underage person constituting a separate aggravating circumstance; (9) More than one complaint made to the police about the noise, each complaint after the first being a separate aggravating circumstance. B. For purposes of this chapter, for any offense that takes place on private property, if the person or persons directly responsible for the activity that violates any provision of this chapter cannot be determined, then all residents of the property on which the activity takes place shall be presumed to be responsible for the violation. Section 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 4. Effective Date. This ordinance shall take effect June 1, 2015, and in accordance with law after publication of notices as provided in the Ithaca City Charter.