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.
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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.