HomeMy WebLinkAbout02-10-16 Special Planning & Economic Development Meeting AgendaPEDC Meeting
Planning and Economic Development Committee
Ithaca Common Council
DATE: February 10th, 2016
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) Public Comment and Response from
Committee Members
3) Special Order of Business
a) Public Hearing – Temporary Mandatory
Planned Unit Development for the
Waterfront
b) Public Hearing – Changes to Cell Tower
Ordinance
c) Presentation – Brindley Street Bridge
4) Announcements, Updates, and Reports
5) Action Items (Voting to send on to Council)
a) Request for Neighborhood Incentive
Improvement Fund for South Hill Civic
Association Website
b) Temporary Mandatory Planned Unit
Development for the Waterfront
c) Street Level Active Uses
6) Action items (Approval to Circulate)
a) Backyard Chickens – Pilot Program
b) Proposed Small Revisions to PUD
Ordinance
7) Discussion
a) Changes to Cell Tower Ordinance
b) Cayuga Watershed Restoration and
Protection Plan
8) Review and Approval of Minutes
a) January 2016
9) Adjournment
No
No
Yes
Yes
No
No
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Seph Murtagh, Chair
Addisu Gebre, City Bridge Engineer
Megan Wilson, Planning
Jennifer Kusznir, Planning
Jennifer Kusznir, Planning
Josephine Martell, Common Council
Jennifer Kusznir, Planning
JoAnn Cornish, Planning Director
Cynthia Brock, Common Council
6:00
6:05
6:30
7:00
7:10
7:15
7:45
8:00
8:10
8:15
8:30
8:45
8:50
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, February 9th 2016.
CITY OF ITHACA
108 East Green Street, Ithaca, New York 14850-6590
OFFICE OF THE CITY ENGINEER
Telephone: 607/274-6530 Fax: 607/274-6587
MEMORANDUM
TO: Planning & Economic Development Committee
FROM: Addisu Gebre, Bridge Systems Engineer
DATE: January 28, 2016
RE: Brindley Street Bridge Replacement Project (CP#764)
City of Ithaca’s Department of Engineering staff and engineers from Delta Engineers, Architects,
& Land Surveyors will present Brindley Street Bridge Replacement project’s objectives and
alternatives being considered .The presentation will be followed by questions and discussion
session.
I have also attached a draft resolution for your consideration and additional project related
materials for your information. And you can also access the project’s Draft Design Report @
http://www.cityofithaca.org/DocumentCenter/View/4082
Projects Description:
The Brindley Street Bridge Replacement Project will involve the replacement of the single span,
single lane multiple steel girder bridge carrying Brindley Street over the Cayuga Inlet, including
necessary approach work. The project objectives are to:
• Replace the existing single lane structure on Brindley Street with two lane structure with
accommodation for bicyclists and pedestrians;
• Restore the crossing to a condition which provide a minimum 75 year service life, using
cost effective techniques to minimize the life cycle cost of maintenance and repair; and
• Address geometric deficiencies and improve safety at the intersections of Brindley
Street/West State Street and West Seneca Street.
Bridge design alternatives considered for the project are:
Bridge Alternative 1 – Brindley Street Bridge replacement on existing horizontal alignment:
This alternative will replace the existing single lane structure on Brindley Street with a two lane
structure with a span length of approximately 88’ in the same location, shifting the alignment of
Page 2 of 2
Brindley Street slightly to better fit within the existing right-of-way and avoid unnecessary
impacts.
Bridge Alternative 2 – New roadway and bridge construction on relocated horizontal alignment:
This alternative will involve the relocation of Brindley Street by connecting Taber Street with the
West State Street/Taughannock Boulevard intersection where a City of Ithaca parking lot
currently exists. A new bridge will be constructed on the proposed roadway to carry traffic over
the Cayuga Inlet and the existing Brindley Street roadway and structure will remain (with
appropriate improvements) and be utilized for pedestrian traffic.
If you have any questions, please contact me at (607)274-6530 or agebre@cityofithaca.org
Bindley Street Bridge Rehabilitation Project Design Alternative and Environmental Review Lead Agency
Decision-Draft Resolution
WHEREAS, the existing Brindley Street Bridge (“the Bridge ” ) is a single span, single lane multiple steel
girder bridge carrying Brindley Street over the Cayuga Inlet, and
WHEREAS, Brindley Street Bridge Replacement Project (“the Project”) involves the replacement of the
Brindley Street Bridge with two lane structure with additional accommodations for bicyclists and pedestrians
including necessary approach and intersection improvement, and
WHEREAS, two possible alternatives for the replacement of this bridge are being considered: Bridge
Alternative 1,which includes replacement of the bridge in its existing alignment and Bridge Alternative
2,which would include the construction of new roadway and bridge on a relocated horizontal alignment that
would connect Taber Street with the West State Street/Taughnnock Boulevard intersection, and
WHEREAS, the alternatives for reconstruction of the Bridnley Street Bridge were presented to the City
Planning Board on September 23, 2014, and
WHEREAS, the Planning Board prepared a memo in support of Bridge Alternative 2, which would realign the
bridge with Taughannock Boulevard, stating that this would improve a problematic intersection, and
WHEREAS, the alternatives for reconstruction of the Bridnley Street Bridge were presented to the City Board
of Public Works on September 22, 2014, and
WHEREAS, on October 6,2014, the Board of Public Works voted on a resolution in support of Bridge
Alternative 2, which would realign the bridge with Taughannock Boulevard, and
WHEREAS, on February 8, 2016, the Board of Public Works voted on a resolution that notify the Board’s
intent to act as a lead agency for environmental review of the project focused on Alternative 2; now, therefore
be it
RESOLVED, that the Common Council hereby accepts the recommendation of both the Board of Public
Works and Planning Board to proceed with developing a detail design for Brindley Bridge Alternative 2;and ,be
it further
RESOLVED, that the Common Council hereby concur with Board of Public Works on its intention to act as a
lead agency for the environmental review of the project focused on Alternative 2 ;and, be it further
RESOLVED, that, contingent upon environmental review outcome, the Common Council here by authorizes
the Superintendent of Public Works to proceed with the design of Brindley Street Bridge replacement on
relocated horizontal alignment and new roadway construction (Bridge Alternative 2).
ID
T
a
s
k
N
a
m
e
Ac
t
i
o
n
I
t
e
m
s
D
u
r
a
t
i
o
n
S
t
a
r
t
F
i
n
i
s
h
1 2
Si
t
e
P
l
a
n
a
n
d
E
n
v
i
r
o
n
m
e
n
t
a
l
R
e
v
i
e
w
P
r
o
c
e
s
s
f
o
r
B
r
i
n
dl
e
y
S
t
Br
i
d
g
e
P
r
o
j
e
c
t
15
2
da
y
s
?
Mo
n
1
/
2
5
/
1
6
Tu
e
8
/
2
3
/
1
6
3 4
Bo
a
r
d
o
f
P
u
b
l
i
c
W
o
r
k
s
(
B
P
W
)
P
r
o
j
e
c
t
P
r
e
s
e
n
t
a
t
i
o
n
(
N
ot
i
f
y
Co
m
m
o
n
C
o
u
n
c
i
l
)
Pr
e
s
e
n
t
a
t
i
o
n
m
a
t
e
r
i
a
l
s
1
d
a
y
Mo
n
1
/
2
5
/
1
6
Mo
n
1
/
2
5
/
1
6
5
BP
W
n
o
t
i
f
i
c
a
t
i
o
n
o
f
t
h
e
b
o
a
r
d
'
s
i
n
t
e
n
t
t
o
a
c
t
a
s
a
le
a
d
a
g
e
n
c
y
fo
r
e
n
v
i
r
o
n
m
e
n
t
a
l
r
e
v
i
e
w
Pr
e
p
a
r
e
r
e
s
o
l
u
t
i
o
n
45
d
a
y
s
Mo
n
2
/
8
/
1
6
Fr
i
4
/
8
/
1
6
6
Pr
o
v
i
d
e
d
o
c
u
m
e
n
t
a
t
i
o
n
t
o
i
n
v
o
l
v
e
d
a
n
d
i
n
t
e
r
e
s
t
e
d
a
g
en
c
i
e
s
fo
r
t
h
e
i
r
i
n
p
u
t
a
n
d
r
e
q
u
e
s
t
t
h
e
i
r
c
o
n
c
u
r
r
e
n
c
e
o
n
L
e
ad
A
g
e
n
c
y
.
Pl
a
n
n
i
n
g
B
o
a
r
d
,
B
P
A
C
,
C
C
,
D
A
C
,
C
A
C
,
D
E
C
/
A
C
O
E
,
D
O
T
,
t
h
e
Co
u
n
t
y
a
r
e
c
o
n
s
i
d
e
r
e
d
i
n
v
o
l
v
e
d
o
r
i
n
t
e
r
e
s
t
e
d
a
g
e
n
c
i
es
f
o
r
t
h
i
s
pr
o
j
e
c
t
.
As
k
C
o
u
n
c
i
l
M
e
m
b
e
r
s
t
o
re
a
c
h
o
u
t
t
o
b
u
s
i
n
e
s
s
e
s
a
n
d
e-
m
a
i
l
a
t
t
e
n
d
e
e
s
o
f
l
a
s
t
me
e
t
i
n
g
44
d
a
y
s
Tu
e
2
/
9
/
1
6
Fr
i
4
/
8
/
1
6
7
Pl
a
n
n
i
n
g
C
o
m
m
i
t
t
e
e
d
i
s
c
u
s
s
i
o
n
(
B
P
W
L
e
a
d
A
g
e
n
c
y
i
n
t
e
nt
an
d
E
n
v
i
r
o
n
m
e
n
t
a
l
R
e
v
i
e
w
f
o
c
u
s
e
d
o
n
A
l
t
#
2
)
a
n
d
p
u
b
l
ic
in
f
o
r
m
a
t
i
o
n
m
e
e
t
i
n
g
.
Dr
a
f
t
r
e
s
o
l
u
t
i
o
n
f
o
r
r
e
v
i
e
w
an
d
p
r
o
j
e
c
t
m
a
t
e
r
i
a
l
s
1
d
a
y
We
d
2
/
1
0
/
1
6
We
d
2
/
1
0
/
1
6
8
Pl
a
n
n
i
n
g
a
n
d
D
e
v
e
l
o
p
m
e
n
t
B
o
a
r
d
P
r
o
j
e
c
t
R
e
v
i
e
w
Pr
e
p
a
r
e
s
k
e
t
c
h
p
l
a
n
,r
e
s
o
l
u
t
i
o
n
(
P
B
c
o
n
c
u
r
r
e
n
c
e
on
B
P
W
L
e
a
d
A
g
e
n
c
y
i
n
t
e
n
t
)
an
d
p
r
o
j
e
c
t
m
a
t
e
r
i
a
l
s
1
d
a
y
Tu
e
2
/
2
3
/
1
6
Tu
e
2
/
2
3
/
1
6
9
Pl
a
n
n
i
n
g
C
o
m
m
i
t
t
e
e
c
o
n
c
u
r
r
e
n
c
e
f
o
r
L
e
a
d
A
g
e
n
c
y
Pr
e
p
a
r
e
R
e
s
o
l
u
t
i
o
n
1
d
a
y
We
d
3
/
9
/
1
6
We
d
3
/
9
/
1
6
10
Pl
a
n
n
i
n
g
a
n
d
D
e
v
e
l
o
p
m
e
n
t
B
o
a
r
d
P
r
o
j
e
c
t
c
o
n
c
u
r
r
e
n
c
e
Pr
e
p
a
r
e
R
e
s
o
l
u
t
i
o
n
1
d
a
y
Tu
e
3
/
2
2
/
1
6
Tu
e
3
/
2
2
/
1
6
11
Co
m
m
o
n
C
o
u
n
c
i
l
c
o
n
c
u
r
r
e
n
c
e
o
n
B
P
W
L
e
a
d
A
g
e
n
c
y
i
n
t
e
n
t
an
d
E
n
v
.
R
e
v
i
e
w
f
o
c
u
s
e
d
o
n
D
e
s
i
g
n
A
l
t
.
#
2
)
Pr
e
p
a
r
e
r
e
s
o
l
u
t
i
o
n
1
d
a
y
We
d
4
/
6
/
1
6
We
d
4
/
6
/
1
6
12
De
c
l
a
r
a
t
i
o
n
o
f
L
e
a
d
A
g
e
n
c
y
s
t
a
t
u
s
a
n
d
b
e
g
i
n
n
i
n
g
o
f
en
v
i
r
o
n
m
e
n
t
a
l
r
e
v
i
e
w
Pr
e
p
a
r
e
r
e
s
o
l
u
t
i
o
n
t
o
d
e
c
l
a
r
e
le
a
d
a
g
e
n
c
y
a
n
d
F
E
A
F
.
45
d
a
y
s
Mo
n
4
/
1
1
/
1
6
Fr
i
6
/
1
0
/
1
6
13
Pl
a
n
n
i
n
g
B
o
a
r
d
d
i
s
c
u
s
s
i
o
n
o
f
e
n
v
i
r
o
n
m
e
n
t
a
l
r
e
v
i
e
w
FE
A
F
1
d
a
y
Tu
e
4
/
2
6
/
1
6
Tu
e
4
/
2
6
/
1
6
14
Pl
a
n
n
i
n
g
B
o
a
r
d
e
n
v
i
r
o
n
m
e
n
t
a
l
r
e
v
i
e
w
f
i
n
a
l
c
o
m
m
e
n
t
s
Wr
i
t
t
e
n
C
o
m
m
e
n
t
s
1
d
a
y
Tu
e
5
/
2
4
/
1
6
Tu
e
5
/
2
4
/
1
6
15
Bo
a
r
d
o
f
P
u
b
l
i
c
W
o
r
k
s
E
n
v
i
r
o
n
m
e
n
t
a
l
r
e
v
i
e
w
d
e
c
i
s
i
o
n
Pr
e
p
a
r
e
r
e
s
o
l
u
t
i
o
n
f
o
r
en
v
i
r
o
n
m
e
n
t
a
l
d
e
t
e
r
m
i
n
a
t
i
o
n
1
d
a
y
Mo
n
6
/
1
3
/
1
6
Mo
n
6
/
1
3
/
1
6
16
Si
t
e
P
l
a
n
r
e
v
i
e
w
p
r
o
c
e
s
s
Pr
e
p
a
r
e
S
P
R
a
p
p
l
i
c
a
t
i
o
n
do
c
u
m
e
n
t
a
t
i
o
n
41
d
a
y
s
Tu
e
6
/
2
8
/
1
6
Tu
e
8
/
2
3
/
1
6
17
Di
r
.
o
f
E
n
g
i
n
e
e
r
i
n
g
S
e
r
v
i
c
e
s
s
i
g
n
D
e
s
i
g
n
R
e
p
o
r
t
o
n
Au
g
u
s
t
1
s
t
0
d
a
y
s
Mo
n
8
/
1
/
1
6
Mo
n
8
/
1
/
1
6
18 19
NB
:
T
h
e
d
u
r
a
t
i
o
n
s
a
r
e
w
o
r
k
i
n
g
d
a
y
s
.
8/1
F
T
S
W
S
T
M
F
T
S
W
S
TMFTSWSTMFTSWSTMFTSWSTMFTSWSTMFTSWSTMFTSWSTMFTSW
De
c
2
0
,
'
1
5
Ja
n
3
,
'
1
6
Ja
n
1
7
,
'
1
6
Ja
n
3
1
,
'
1
6
Fe
b
1
4
,
'
1
6
Feb 28, '16Mar 13, '16Mar 27, '16Apr 10, '16Apr 24, '16May 8, '16May 22, '16Jun 5, '16Jun 19, '16Jul 3, '16Jul 17, '16Jul 31, '16Aug 14, '1
Ta
s
k
Sp
l
i
t
Mi
l
e
s
t
o
n
e
Su
m
m
a
r
y
Pr
o
j
e
c
t
S
u
m
m
a
r
y
Ex
t
e
r
n
a
l
T
a
s
k
s
Ex
t
e
r
n
a
l
M
i
l
e
s
t
o
n
e
In
a
c
t
i
v
e
T
a
s
k
In
a
c
t
i
v
e
M
i
l
e
s
t
o
n
e
In
a
c
t
i
v
e
S
u
m
m
a
r
y
Ma
n
u
a
l
T
a
s
k
Du
r
a
t
i
o
n
-
o
n
l
y
Ma
n
u
a
l
S
u
m
m
a
r
y
R
o
l
l
u
p
Ma
n
u
a
l
S
u
m
m
a
r
y
St
a
r
t
-
o
n
l
y
Finish-only Deadline Progress
Pa
g
e
1
Pr
o
j
e
c
t
:
B
i
n
d
l
e
y
S
t
B
r
i
d
g
e
P
r
o
j
e
c
t
-
Da
t
e
:
T
h
u
1
/
1
4
/
1
6
TO: Planning & Economic Development Committee
From: Megan Wilson, Senior Planner
RE: Neighborhood Improvement Incentive Fund
DATE: February 2, 2016
Attached is an application for the Neighborhood Improvement Incentive Fund (NIIF) from the
South Hill Civic Association. The South Hill Civic Association is seeking funding to support the
creation of an association website. The group currently holds monthly meetings, maintains an
active listserv, and will use the website to further its goals of communicating with South Hill
residents.
The intent of the Neighborhood Improvement Incentive Fund is to supplement community
efforts to strengthen Ithaca’s neighborhoods. In past years, the fund has supported a wide range
of projects, including but not limited to neighborhood cleanups, plantings in public spaces,
neighborhood events (such as block parties and area-wide reuse events), and neighborhood
meetings. Funded projects or events must benefit the general neighborhood and should
encourage volunteerism and neighborhood solidarity.
CITY OF ITHACA
108 E. Green St. — Third Floor Ithaca, NY 14850-5690
DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT
Division of Planning & Economic Development
JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT
PHYLLISA 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
Planning & Economic Development Committee
February 10, 2016
RESOLUTION: Request for Neighborhood Improvement Incentive Funds for the South Hill Civic
Association Website
WHEREAS, the City of Ithaca Common Council established the Neighborhood Improvement
Incentive Fund in 1995 to provide financial assistance to city residents seeking to
improve the quality of life in their neighborhoods, and
WHEREAS, the fund is intended to support residents' interest in community improvement and to
encourage, not replace volunteerism, and
WHEREAS, the funds are intended to be used for projects or events that provide a general
neighborhood benefit and not for the limited benefit of individuals or a select few
residents, and
WHEREAS, activities specified by the Common Council as eligible for the funding include but are not
limited to neighborhood clean-ups, plantings in public places, and neighborhood events
like neighborhood block parties or meetings, and
WHEREAS, neighborhood groups are required to submit a completed application specifying other
project donations, estimated volunteer hours, estimated costs to be covered by the fund
and signatures of residents in the immediate neighborhood, and
WHEREAS, to streamline the process the Common Council has delegated authority to approve
applications to the Planning & Economic Development Committee, and
WHEREAS, each neighborhood group is eligible to receive up to $300 per year as a reimbursement
award payable on the submission of original receipts or invoices for approved activities,
and
WHEREAS, the City cannot reimburse residents for sales tax expenses, and
WHEREAS, on behalf of the South Hill Civic Association (SHCA), John Graves has submitted an
application for reimbursement funds to off-set $300.00 in expenses from the creation of
the SHCA’s website, and
WHEREAS, the creation of the SHCA website will further the group’s efforts to communicate with
diverse groups of residents and encourage their involvement in neighborhood activities;
now, therefore, be it
RESOLVED, that the Planning and Economic Development Committee approves the funding request
from John Graves in the amount of $300.00 for reimbursement upon presentation of
original invoices and/or receipts.
To: To:
To:
To: Svante Myrick, Mayor Michael Thorne, Superintendent of Public Works
Common Council Conservation Advisory Council (CAC)
Julie Holcomb, City Clerk Planning & Development Board
Aaron Lavine, City Attorney Phyllis Radke, Director of Zoning Administration
Board of Zoning Appeals (BZA)
Mike Niechwiadowicz, Director of Code Enforcement
JoAnn Cornish, Director of Planning & Development
Edward Marx, Tompkins County Commissioner of Planning
From: Jennifer Kusznir, Economic Development Planner
Date: January 26, 2016
Re: Proposal to Create Temporary Mandatory Planned Unit Development (TMPUD) Zoning
District in Waterfront Study Area
The purpose of this memo is to provide information regarding a proposal to create a Temporary Mandatory
Planned Unit Development (TMPUD) Zoning District.
In September 2015, the Common Council adopted Plan Ithaca, as Phase I of the City of Ithaca’s
Comprehensive Plan. In November 2015, the Planning and Economic Development Committee directed
Planning staff to begin working on a waterfront development plan as a part of the next phase for the
Comprehensive Plan. The existing developable land along the City’s waterfront is currently zoned WF-1,
WF-2, SW-2, P-1, and I-1. Since this planning effort will likely result in changes in the zoning
requirements in this area, the City is considering rezoning the entire area to a Temporary Mandatory
Planned Unit Development (TMPUD) zone, until a plan for the waterfront is completed. A map of the
proposed waterfront study area is enclosed.
In 2014, the City adopted a floating PUD that could be used in any I-1 zoning district. The PUD is a tool
intended to be used to encourage mixed-use or unique single-use projects that require more creative and
imaginative design of land development than is possible under standard Zoning District regulations. A
PUD allows for flexibility in planning and design, while, through the process of review and discussion,
ensuring efficient investment in public improvements, a more suitable environment, and protection of
community interest. However, a PUD also requires the applicant to work with the Common Council to
determine appropriate development of a site. Since the zoning in this area is in a transition period, having
Common Council oversight on any potential development plans will allow for appropriate redevelopment
of this site that will take into consideration the work being done on the plan for this area.
A draft ordinance and an Environmental Assessment Form for this action are also enclosed. The Planning
and Economic Development Committee will consider the proposed zoning amendment at its regularly
scheduled meeting on February 10, 2016. Your comments are respectfully requested prior to this meeting.
If you have any questions, please feel free to contact me at 274-6410.
CITY OF ITHACA
108 East Green Street — 3rd Floor Ithaca, New York 14850-5690
DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT
Division of Planning & Economic Development
JOANN CORNISH, DIRECTOR OF PLANNING & ECONOMIC DEVELOPMENT
PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT
Telephone: Planning & Development – 607-274-6550 Community Development/IURA –
607-274-6559
Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org
Fax: 607-274-6558 Fax: 607-274-6558
ORDINANCE NO.
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that
the City does hereby establish a Temporary Mandatory Planned Unit Development
(TMPUD) District for the Waterfront Study Area as follows:
Section 1. Chapter 325 of the City of Ithaca Municipal Code is hereby amended to add
the following section:
§ 325-13. Temporary Mandatory Planned Unit Development (TMPUD) District
A. Declaration of Legislative Authority. This Planned Unit Development (PUD)
Ordinance is being enacted pursuant to the authority established in the New York
State General City Law § 81-f.
B. Purpose and Intent.
A Temporary Mandatory Planned Unit Development District (TMPUD) is
hereby established, for a period up to 18 months from the effective date of
this ordinance, it being the intent of the Common Council that during that time
the City will adopt land use regulations to implement a waterfront plan, the
adoption of which regulations shall repeal this ordinance, or shall amend this
ordinance to render the TMPUD non-mandatory.
The purpose of this TMPUD is to provide the Common Council with
transitional oversight for potential development projects in order to ensure
that development in the waterfront study area supports the goals of the City’s
Comprehensive Plan, which may differ from the pre-existing zoning in this
area. This is intended to allow the Common Council a reasonable period of
time in which to establish a plan for the waterfront study area and to adopt
compatible zoning standards.
Under this ordinance, the Common Council intends to employ the
recommendations established in the Comprehensive Plan when determining
whether to approve a proposed development in the waterfront study area.
The TMPUD will mandatorily apply to proposals for new construction or for
development proposals that will change an existing building footprint by more
than 50%, but shall not apply to any other construction or development, which
shall remain subject to otherwise-applicable zoning ordinance.
C. Background.
1. In September of 2015, the Common Council adopted Plan Ithaca, as Phase I
of the City of Ithaca’s Comprehensive Plan. This plan identifies the desired
future land uses in the City, as well as areas where development is
anticipated and encouraged, identifying community goals and
recommendations for achieving these goals.
2. On August 17, 2015, the City of Ithaca Comprehensive Plan Committee
submitted a written recommendation to the City that included developing a
plan for the waterfront as a priority for the next phase of the City’s
Comprehensive Plan.
3. In November of 2015, the Planning and Economic Development Committee of
the Common Council directed Planning Staff to begin working on a waterfront
development plan as a part of the next phase for the Comprehensive Plan.
The existing developable land along the City’s waterfront is currently zoned
WF-1, WF-2, SW-2, P-1, and I-1.
The City Comprehensive Plan identifies the goals for the Waterfront Mixed
Use area as the creation of a mixed use district, including commercial, and
housing, with an emphasis on uses that create an active waterfront
environment.
The City Comprehensive Plan further notes that “new development should
protect view sheds and allow public access to the waterfront. Pedestrian and
bicycle connections should be improved, particularly to adjacent mixed use
areas. Developable space in the waterfront area is at a premium and reducing
the impacts of parking in new development should be carefully considered.”
The City Comprehensive Plan also identifies the adjacent areas that are
currently zoned industrial as having potential for additional development and
employment opportunities. The waterfront study is intended to guide the City’s
decisions as to where and what type of development is appropriate, which will
be determined by the Waterfront Development Plan currently being
undertaken.
4. In 2014, the City adopted a floating PUD that could be used in any I-1 Zoning
District. A PUD allows for flexibility in planning and design, while through the
process of review and discussion, ensures efficient investment in
development that, among others, forwards a City’s comprehensive plan.
Because the zoning in this area is in transition, the temporary mandatory PUD
will enable development to continue during the crafting of new land use
regulations, subject to Common Council’s oversight.
D. Effective Period
This TMPUD shall be in effect, within the boundaries described in Subsection E,
herein, for a period of eighteen (18) months from the effective date of this
ordinance, as described in Section 4, herein.
E. Affected Properties and Boundaries of the TMPUD
1. All new construction and any construction that enlarges the footprint or
total floorspace of an existing building by 50% or more will be subject to
the TMPUD under this ordinance, and—absent compliance with the
TMPUD—shall not be entitled to proceed in reliance on pre-existing land
use regulations, which absent the TMPUD might or would have enabled
their construction. Any changes to existing structures that do not enlarge
the footprint or total floorspace of an existing building by 50% are not
subject to the TMPUD and remain subject to the pre-existing underlying
zoning.
2. The TMPUD shall be located in the waterfront study area, whose
boundaries can be seen on the map entitled Proposed Waterfront Study
Area-dated 12/9/2015.
F. Permitted Principal and Accessory Uses.
In the TMPUD, buildings and land may be for uses which the Common
Council may pursuant to TMPUD application authorize, including Council’s
consideration and potential authorization of development restrictions such
as yard size, height restriction, building coverage, and lot size,. In
addition, the Common Council may impose any conditions or limitations
that are determined to be necessary or desirable to ensure that the
development conforms with the City Comprehensive Plan, including
limiting the permitted uses, location and size of buildings and structures,
providing for open space and recreational areas, requiring acoustical or
visual screening, construction sequencing, and requiring bonds or other
assurances of completion of any infrastructure to be built as part of the
development.
G. Site Plan Approval.
No structure shall be erected or placed within the TMPUD, no building
permit shall be issued for a building or structure within the TMPUD, and no
existing building, structure, or use in the TMPUD shall be changed, unless
the proposed building and/or use is in accordance with a site plan
approved pursuant to the provisions of Chapter 276 of the City of Ithaca
Code.
H. Criteria.
Common Council will consider an application for any development within
the TMPUD on the following criteria, among others:
1. Is the project in accordance with the City Comprehensive Plan, which
specifically lists the following:
Promoting mixed use development, including commercial
and housing
Emphasizing waterfront activities
Reducing impacts of parking
Providing for additional employment opportunities
Promoting public access to the waterfront
Enhancing and preserving any environmentally sensitive
areas
I. Application Process.
Any applicant seeking approval of a TMPUD, will be subject to the
application process established in Subsection 12(G) of this Chapter,
without regard therein to any references to underlying zoning or alternate
processes.
J. Additional Requirements.
For any new construction in the TMPUD, the Common Council may
impose such conditions or limitations that the Council, in its legislative
discretion, may determine to be necessary or desirable to ensure that the
development conforms with the City Comprehensive Plan, including
limiting the permitted uses, location and size of buildings and structures,
providing for open space and recreational areas, and requiring bonds or
other assurances of completion of any infrastructure to be built as part of
the development.
K. Expiration.
A developer who receives PUD approval will have 24 months to begin
construction of their project. If construction on the property has not been
developed in accordance with the approved plan after 24 months, the
PUD will automatically be revoked, unless otherwise stated by the
Common Council. In the case of extenuating circumstances the developer
may apply to the Common Council for an extension of PUD approval. If
the site plan changes significantly, said significance as determined by the
Director of Planning and Development, it may require re-consideration by
the Common Council. The Director of Planning and Development may
determine that the changes are minor and do not require re-approval.
L. Exemptions.
Construction, alterations or demolition authorized by building permits which
were issued on or before the effective date of this Section shall be exempt
from the provisions of this TMPUD.
Section 2.
Supersession.
This Section 325-13 is intended to supersede any provision of the City Code insofar as
said provision is inconsistent with Subsection 325-13(E)(1) herein.
Section 3.
Severability.
If any section, subsection, sentence, clause, phrase or portion of this Section 325-13 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 immediately and in accordance with law upon publication
of notice as provided in the Ithaca City Charter, and shall expire 18 months after the
effective date, except as to any application for any development within the TMPUD that is
filed under this ordinance prior to its expiration and not thereafter withdrawn by the
applicant.
Draft Resolution
1/28/16
An Ordinance to Amend the Municipal Code of the City of Ithaca,
Chapter 325, Entitled “Zoning” to Create a Temporary Mandatory
Planned Unit Development (TMPUD) Zone in the Waterfront Study
Area – Declaration of Lead Agency
WHEREAS, State Law and Section 176-6 of the City Code require
that a lead agency be established for conducting environmental
review of projects in accordance with local and state
environmental law, and
WHEREAS, State Law specifies that, for actions governed by local
environmental review, the lead agency shall be that local agency
which has primary responsibility for approving and funding or
carrying out the action, and
WHEREAS, the proposed zoning amendment is an “Unlisted” Action
pursuant to the City Environmental Quality Review (CEQR)
Ordinance, which requires environmental review under CEQR; now,
therefore, be it
RESOLVED, that the Common Council of the City of Ithaca does
hereby declare itself lead agency for the environmental review
of the proposal to Create a Temporary Mandatory Plannned Unit
Development (TMPUD) Zone in the Waterfront Study Area.
Draft Resolution
1/28/16
An Ordinance to Amend the Municipal Code of the City of
Ithaca, Chapter 325, Entitled “Zoning” to Create a Temporary
Mandatory Planned Unit Development (TMPUD) Zone in the
Waterfront Study Area – Declaration of Environmental
Significance
1. WHEREAS, The Common Council is considering a proposal to
create a Temporary Mandatory Planned Unit Development
(TMPUD) Zone in the Waterfront Study Area, and
2. WHEREAS, the appropriate environmental review has been
conducted, including the preparation of a Full
Environmental Assessment Form (FEAF), dated January 26,
2016, 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 January 26, 2016,
and be it further
2. RESOLVED, that this Common Council, as lead agency in
this matter, hereby determines that the proposed action
at issue will not have a significant effect on the
environment, and that further environmental review is
unnecessary, and be it further
3. RESOLVED, that this resolution constitutes notice of
this negative declaration and that the City Clerk is
hereby directed to file a copy of the same, together
with any attachments, in the City Clerk’s Office, and
forward the same to any other parties as required by
law.
CITY OF ITHACA
FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF)
Purpose: The Full Environmental Assessment Form (FEAF) is designed to help applicants and agencies determine, in an orderly
manner, whether a project or action may be significant. The question of whether an action may be significant is not always 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.
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: Proposal to Create a Temporary Mandatory Planned Unit Development Zone in the Waterfront
Study Area
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: January 26, 2016
Page 2
FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF)
PART 1—PROJECT INFORMATION
NOTICE: This document is designed to assist in determining whether the action proposed may have a
significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these
questions will be considered as part of the application for approval and may be subject to further verification
and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3.
It is expected that completion of the Full Environmental Assessment Form (FEAF) will be dependent on
information currently available and will not involve new studies, research or investigation. If information
requiring such additional work is unavailable, so indicate and specify each instance.
Name of Action: Proposal to Create a Temporary Mandatory Planned Unit Development Zone in the
Waterfront Study Area
Location of Action: City of Ithaca
Name of Applicant/Sponsor: City of Ithaca
Address: 108 E. Green St. (City Hall)
City/Town/Village: Ithaca State: NY ZIP: 14850
Business Phone: 607-274-6550
Name of Owner(if different): n/a
Address: n/a
City/Town/Village: n/a State: n/a ZIP: n/a
Business Phone: n/a
Description of Action: The action being considered is a proposal to establish a Temporary Mandatory
Planned Unit Development (TMPUD) District to be located in the Waterfront Study Area, the
boundaries of which are shown on the map entitled “Proposed Waterfront Study Area”, dated
12/9/2015.
Page 3
Please Complete Each Question (indicate N/A, if not applicable):
A. SITE DESCRIPTION
Physical setting of overall project, both developed and undeveloped areas.
1. Present Land Use: X Urban X Industrial X Commercial X Public Forest
Agricultural Other:
2. Total area of project area: (Chosen units apply to following section also) 216 Acres
Approximate Area (Units in question 2 apply to this section) Currently After Completion
2a. Meadow or Brushland (non-agricultural)
2b. Forested
2c. Agricultural
2d. Wetland [as per Articles 24 of Environmental Conservation Law (ECL)]
2e. Water Surface Area
2f. Public ~ 36 ~36
2g. Water Surface Area .~ 12 ~12
2h. Unvegetated (rock, earth or fill)
2i. Roads, buildings and other paved surfaces ~167 acres. ~167 acres
2j. Other (indicate type)
3a. What is predominant soil type(s) on project site (e.g. HdB, silty loam, etc.): Hamlin, fan-Palmyra,
Sloan-Teel, alluvial land, Hamlin-Teel
3b. Soil Drainage: Well-Drained ___100___% of Site
Moderately Well Drained ______% of Site
Poorly Drained ______% of Site
4a. Are there bedrock outcroppings on project site? Yes XNo N/A
4b. What is depth of bedrock? >80feet(feet)
4c. What is depth to the water table? ~4-6’(feet)
5. Approximate percentage of proposed project site
with slopes:
X 0-10% 100 % 10-15% %
15% or greater %
6a. Is project substantially contiguous to, or does it
contain a building, site or district, listed on or
eligible for the National or State Register of
Historic Places?
X Yes No N/A
Chemung Canal Trust Company
6b. Or designated a local landmark or in a local
landmark district?
X Yes No N/A Chemung Canal Trust
Company
7. Do hunting or fishing opportunities presently
exist in the project area? X Yes No N/A If yes, identify each species:
Page 4
SITE DESCRIPTION (concluded)
8. Does project site contain any species of plant or
animal life that is identified as threatened or
endangered?
Yes X 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 X No N/A
Describe:
10. Is the project site presently used by the
community or neighborhood as an open space or
recreation area?
X Yes No N/A
If yes, explain: Farmer’s Market
11. Does the present site offer or include scenic views
known to be important to the community? X Yes No N/A
Describe: Views of the waterfront
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 X 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: Cayuga inlet, Six Mile Creek,
Cascadilla 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 X 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?
X Yes No N/A
Yes No X N/A
Yes No X 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: N/A
1b. Project acreage developed: ~167 acres initially ~167 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
Page 5
1g.Maximum vehicular trips generated (upon completion of project) per day: N/A and per hour: N/A
1h. Height of tallest proposed structure: 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/Amonths, (including demolition)
7. If multi-phased project, anticipated period of construction N/A months, (including demolition)
7a. Total number of phases anticipated: N/A
7b. Anticipated date of commencement for first phase N/A month N/A year (including demolition)
7c. Approximate completion date of final phase N/A month N/A year.
7d. Is phase one financially dependent on subsequent phases? Yes No X N/A
8. Will blasting occur during construction? Yes No X 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 X No N/A; if yes, explain:
12a. Is surface or subsurface liquid waste disposal involved? Yes X 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 X 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? X 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 X No N/A;
14d. If #14a, b or c is yes, explain: N/A
15a. Does project involve disposal or solid waste? Yes X No N/A
15b. If #15a is yes, will an existing solid waste disposal facility be used? Yes No X N/A
15c. If #15b is yes, give name of disposal facility: N/A and its location:
15d. Will there be any wastes that will not go into a sewage disposal system or into a sanitary landfill?
Page 6
Yes No X N/A; if yes, explain:
15e. Will any solid waste be disposed of on site? Yes No X N/A; if yes, explain:
16. Will project use herbicides or pesticides? Yes No X 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 X N/A; if yes, explain:
18. Will project produce odors? Yes No X N/A; if yes, explain:
19. Will project product operating noise exceed the local ambient noise level during construction?
Yes No X N/A; After construction? Yes No X N/A
20. Will project result in an increase of energy use? Yes No X N/A; if yes, indicate type(s) N/A
21. Total anticipated water usage per day: gals/day. N/A Source of water N/A
C. ZONING & PLANNING INFORMATION
1. Does the proposed action involve a planning or zoning decision? X Yes No N/A; if yes, indicate
the decision required:
Zoning Amendment Zoning Variance X New/Revision of Master Plan Subdivision
Site Plan Special Use Permit Resource Management Plan Other:
2. What is the current zoning classification of site? I-1, P-1, WF-1, WF-2, WEDZ-1a, SW-2
3. If the site is developed as permitted by the present zoning, what is the maximum potential development?
N/A
4. Is proposed use consistent with present zoning? Yes No X N/A
5. If #4 is no, indicate desired zoning: N/A
6. If the site is developed by the proposed zoning, what is the maximum potential development of the site?
N/A
7. Is the proposed action consistent with the recommended uses in adopted local land-use plans?
X Yes No N/A; If no, explain:
8. What is the dominant land use and zoning classification within a ¼ mile radius of the project?
N/A
9. Is the proposed action compatible with adjacent land uses? X Yes No N/A Explain:
10a. If the proposed action is the subdivision of land, how many lots are proposed? N/A
Page 7
10b. What is the minimum lot size proposed? N/A
11. Will the proposed action create a demand for any community-provided services? (recreation, education,
police, fire protection, etc.) ? Yes X No N/A Explain:
If yes, is existing capacity sufficient to handle projected demand? Yes No X N/A
Explain: N/A
12. Will the proposed action result in the generation of traffic significantly above present levels?
Yes X No N/A If yes, is the existing road network adequate to handle the additional traffic?
Yes X No N/A Explain:
D. APPROVALS
1. Approvals: Common Council Adoption
2a. Is any Federal permit required? Yes X No N/A; Specify:
2b. Does project involve State or Federal funding or financing? Yes X No N/A; If Yes, Specify:
2c. Local and Regional approvals:
Agency
Yes/No Type of
Approval Required
Submittal
Date
Approval
Date
COMMON COUNCIL YES ADOPTION
Board of Zoning Appeals (BZA) No
Planning & Development Board No
Ithaca Landmarks Preservation
Commission (ILPC)
No
Board of Public Works (BPW) No
Fire Department No
Police Department No
Building Commissioner No
Ithaca Urban Renewal Agency
(IURA)
No
E. INFORMATIONAL DETAILS
Attach any additional information as may be needed to clarify your project. If there are or may be any
adverse impacts associated with your proposal, please discuss such impacts and the measures which you
propose to mitigate or avoid them. F. VERIFICATION
I certify the information provided above is true to the best of my knowledge.
Applicant/Sponsor Name: City of Ithaca
Signature:
Title: Economic Development Planner
Page 8
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 2 Project Impacts
Proposal to Create a Temporary Mandatory Planned Unit Development (TMPUD) in the Waterfront
Study Area
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON LAND
1. Will there be an effect as a result of a physical change to project site? Yes No The
proposed action establishes the legislation to allow for Council to create Planned Unit
Development Districts and has no immediate impact on land. Any potential impacts on land will
have to be evaluated if and when a project is proposed.
Any construction on slopes of 15% or greater (15-foot rise per
100 feet of length) or where general slope in the project
exceeds 10%.
Yes No
Construction on land where 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 designated floodway. Yes No
Other impacts (if any):
Yes No
2. Will there be an effect on any unique land forms found on the site (i.e., cliffs, gorges,
geological formations, etc.)? Yes No The proposed action establishes the
legislation to allow for Council to create Planned Unit Development Districts and has no
immediate impact on land forms. Any potential impacts on unique land forms will have to be
evaluated if and when a project is proposed.
Page 9
Specific land forms (if any):
Yes No
Page 10
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON WATER
3. Will project affect any water body designated as protected (under article 15 or 24 of
Environmental Conservation Law, E.C.L.)? Yes No The proposed action establishes
the legislation to allow for Council to create Planned Unit Development Districts and has no
immediate impact on protected water bodies. Any potential impacts on protected water
bodies will have to be evaluated if and when a project is proposed.
Developable area of site contains protected water body. Yes No
Dredging more than 100 cubic yards of material from channel
of protected stream. Yes No
Extension of utility distribution facilities through protected
water body. Yes No
Construction in designated freshwater wetland. Yes No
Other impacts (if any):
Yes No
4. Will project affect any non-protected existing or new body of water? Yes No The
proposed action establishes the legislation to allow for Council to create Planned Unit
Development Districts and has no immediate impact on non-protected water bodies. Any
potential impacts will have to be evaluated if and when a project is proposed.
A 10% increase or decrease in surface area of any body of
water or more than 10,000 sq. ft. of surface area. Yes No
Construction, alteration, or conversion of 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 Cayuga Inlet? Yes No
Other impacts (if any):
Yes No
Page 11
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON WATER (cont.)
5. Will project affect surface or groundwater quality? Yes No The proposed action
establishes the legislation to allow for Council to create Planned Unit Development Districts
and has no immediate impact on groundwater quality. Any potential impacts will have to be
evaluated if and when a project is proposed.
Project will require discharge permit. Yes No
Project requires use of 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
do not currently exist or that 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 storage of petroleum or chemical
products greater than 1,100 gallons. Yes No
Other impacts (if any):
Yes No
Page 12
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON WATER (cont.)
6. Will project alter drainage flow, drainage patterns, or surface water runoff? Yes No
The proposed action establishes the legislation to allow for Council to create Planned Unit
Development Districts and has no immediate impact on drainage quality. Any potential impacts
will have to be evaluated if and when a project is proposed.
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 (if any):
Yes No
IMPACT ON AIR
7. Will project affect air quality? Yes No The proposed action establishes the
legislation to allow for Council to create Planned Unit Development Districts and has no
immediate impact on air quality. Any potential impacts will have to be evaluated if and when a
project is proposed.
Project will induce 500 or more vehicle trips in any 8-hour
period per day. Yes No
Project will result in the incineration of more than 2.5 tons of
refuse per 24-hour day. Yes No
Project emission rate of all contaminants will exceed 5 lbs.
per hour or a heat source producing more than 10 million
BTUs per hour.
Yes No
Other impacts (if any):
Yes No
Page 13
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACTS ON PLANTS AND ANIMALS
8. Will project affect any threatened or endangered species? Yes No The proposed
action establishes the legislation to allow for Council to create Planned Unit Development
Districts and has no immediate impact on endangered species. Any potential impacts will have
to be evaluated if and when a project is proposed.
Reduction of any species, listed on 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 (if any):
Yes No
9. Will proposed action substantially affect non-threatened or non-endangered species?
Yes No The proposed action establishes the legislation to allow for Council to create
Planned Unit Development Districts and has no immediate impact on non-endangered species.
Any potential impacts will have to be evaluated if and when a project is proposed.
Proposed action would substantially interfere with any
resident or migratory fish, or wildlife species. Yes No
Proposed action requires removal or more than ½ acre of
mature woods or other locally important vegetation. Yes No
Other impacts (if any):
Yes No
Page 14
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON AESTHETIC RESOURCES
10. Will proposed action affect views, vistas, or visual character of the neighborhood or
community? Yes No The proposed action establishes the legislation to allow for
Council to create Planned Unit Development Districts and has no immediate impact on
views or visual character of the neighborhood. Any potential impacts will have to be
evaluated if and when a project is proposed.
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 uses 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 elimination or major screening
of scenic views known to be important to the area. Yes No
Other impacts (if any):
Yes No
IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES
11. Will proposed action impact any site or structure of historic, prehistoric, or paleontological
importance? Yes No
Proposed action occurring wholly or partially within, or
contiguous to, any facility or site listed on or eligible for the
National or State Register of Historic Places.
Yes No
Any impact to an archaeological site or fossil bed located
within the project site. Yes No
Proposed action occurring wholly or partially within, or
contiguous to, any site designated as a local landmark or in a
landmark district.
Yes No
Other impacts (if any):
Yes No
Page 15
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON OPEN SPACE AND RECREATION
12. Will the proposed action affect the quantity or quality of existing or future open spaces, or
recreational opportunities? Yes No The proposed action establishes the legislation
to allow for Council to create Planned Unit Development Districts and has no immediate
impact on open space. Any potential impacts will have to be evaluated if and when a
project is proposed.
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 (if any):
Yes No
IMPACT ON UNIQUE NATURAL AREAS OR CRITICAL ENVIRONMENTAL AREAS
13. Will 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 The proposed action establishes the legislation to allow for
Council to create Planned Unit Development Districts and has no immediate impact on
unique natural areas or critical environmental areas. Any potential impacts will have to be
evaluated if and when a project is proposed.
Proposed action to locate within a UNA or CEA? Yes No
Proposed action will result in reduction in the quality of the
resource. Yes No
Proposed action will impact use, function, or enjoyment of the
resource. Yes No
Other impacts (if any):
Yes No
Page 16
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON TRANSPORTATION
14. Will there be an effect to existing transportation systems? Yes No The proposed
action establishes the legislation to allow for Council to create Planned Unit Development
Districts and has no immediate impact on existing transportation systems. Any potential
impacts on transportation will have to be evaluated when a project is proposed.eated.
Alteration of present patterns of movement of people and/or
goods. Yes No
Proposed action will result in major traffic problems. Yes No
Other impacts:
Yes No
IMPACT ON ENERGY
15. Will proposed action affect community's sources of fuel or energy supply? Yes No
The proposed action establishes the legislation to allow for Council to create Planned Unit
Development Districts and has no immediate impact on the community’s sources of fuel or
energy supply. Any potential impacts on the community’s sources of fuel or energy supply will
have to be evaluated if and when project is proposed.
Proposed action causing greater than 5% increase in any
form of energy used in municipality. Yes No
Proposed action requiring creation or extension of an energy
transmission or supply system to serve more than 50 single-
or two-family residences.
Yes No
Other impacts (if any):
Yes No
Page 17
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON NOISE AND ODORS
16. Will there be objectionable odors, noise, glare, vibration, or electrical disturbance during
construction of, or after completion of, this proposed action? Yes No The proposed
action establishes the legislation to allow for Council to create Planned Unit Development
Districts and has no immediate impact on noise or odors. Any potential impacts on noise
or odors will have to be evaluated if and when project is proposed.
Blasting within 1,500 feet of a hospital, school, or other
sensitive facility? Yes No
Odors will occur routinely (more than one hour per day). Yes No
Proposed action will produce operating noise exceeding local
ambient noise levels for noise outside of structure. Yes No
Proposed action will remove natural barriers that would act as
noise screen. Yes No
Other impacts (if any):
Yes No
IMPACT ON PUBLIC HEALTH
17. Will proposed action affect public health and safety? Yes No The proposed action
establishes the legislation to allow for Council to create Planned Unit Development Districts
and has no immediate impact on public health and safety. Any potential impacts on public
health and safety will have to be evaluated if and when project is proposed.
Proposed action will cause 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 chronic low-level discharge or emission.
Yes No
Proposed action may result in burial of “hazardous wastes” in
any form (i.e., toxic, poisonous, highly reactive, radioactive,
irritating, infectious, etc.)
Yes No
Proposed action may result in excavation or other
disturbance within 2,000 feet of a site used for the disposal of
solid or hazardous wastes.
Yes No
Page 18
Proposed action will result in 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
Page 19
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON PUBLIC HEALTH (cont.)
Storage facilities for 50,000 or more gallons of any liquid fuel. Yes No
Use of any chemical for de-icing, soil stabilization, or 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 (if any):
Yes No
IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD
18. Will proposed action affect the character of the existing community? Yes No The
proposed action establishes the legislation to allow for Council to create Planned Unit
Development Districts and has no immediate impact on growth and character of the
community. Any potential impacts on growth and character of the community will have to be
evaluated if and when a project is proposed.
The population of the city in which the proposed action is
located is likely to grow by more than 5% of resident human
population.
Yes No
The municipal budgets for capital expenditures or operating
services will increase by more than 5% per year as a result of
this proposed action.
Yes No
Proposed action will conflict with officially adopted plans or
goals. Yes No
Proposed action will cause a change in the density of land
use. Yes No
Proposed action will replace or eliminate existing facilities,
structures, or areas of historic importance to the community. Yes No
Development will create 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
Page 20
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD (cont.)
Other impacts (if any):
Yes No
19. Is there public controversy concerning the proposed action? Yes No Unknown
— 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 —
KLINE ROAD
KLINE ROAD
KLINE ROAD
KLINE ROAD
KLINE ROAD
KLINE ROAD
KLINE ROAD
KLINE ROAD
KLINE ROAD
QUEEN STREETQUEEN STREETQUEEN STREETQUEEN STREETQUEEN STREETQUEEN STREETQUEEN STREETQUEEN STREETQUEEN STREET
KING STREETKING STREETKING STREETKING STREETKING STREETKING STREETKING STREETKING STREETKING STREET
LAKE SREET
LAKE SREET
LAKE SREET
LAKE SREET
LAKE SREET
LAKE SREET
LAKE SREET
LAKE SREET
LAKE SREET
E
A
S
T
S
H
O
R
E
D
R
I
V
E
E
A
S
T
S
H
O
R
E
D
R
I
V
E
E
A
S
T
S
H
O
R
E
D
R
I
V
E
E
A
S
T
S
H
O
R
E
D
R
I
V
E
E
A
S
T
S
H
O
R
E
D
R
I
V
E
E
A
S
T
S
H
O
R
E
D
R
I
V
E
E
A
S
T
S
H
O
R
E
D
R
I
V
E
E
A
S
T
S
H
O
R
E
D
R
I
V
E
E
A
S
T
S
H
O
R
E
D
R
I
V
E
NORTH TIOGA STREET
NORTH TIOGA STREET
NORTH TIOGA STREET
NORTH TIOGA STREET
NORTH TIOGA STREET
NORTH TIOGA STREET
NORTH TIOGA STREET
NORTH TIOGA STREET
NORTH TIOGA STREET
EAST LEWIS STREETEAST LEWIS STREETEAST LEWIS STREETEAST LEWIS STREETEAST LEWIS STREETEAST LEWIS STREETEAST LEWIS STREETEAST LEWIS STREETEAST LEWIS STREET
EAST LINCOLN STREETEAST LINCOLN STREETEAST LINCOLN STREETEAST LINCOLN STREETEAST LINCOLN STREETEAST LINCOLN STREETEAST LINCOLN STREETEAST LINCOLN STREETEAST LINCOLN STREET
EAST FALLS STREETEAST FALLS STREETEAST FALLS STREETEAST FALLS STREETEAST FALLS STREETEAST FALLS STREETEAST FALLS STREETEAST FALLS STREETEAST FALLS STREET
EAST YORK STREETEAST YORK STREETEAST YORK STREETEAST YORK STREETEAST YORK STREETEAST YORK STREETEAST YORK STREETEAST YORK STREETEAST YORK STREET
EAST MARTIN LUTHER KING JR/STATE STREET
EAST MARTIN LUTHER KING JR/STATE STREET
EAST MARTIN LUTHER KING JR/STATE STREET
EAST MARTIN LUTHER KING JR/STATE STREET
EAST MARTIN LUTHER KING JR/STATE STREET
EAST MARTIN LUTHER KING JR/STATE STREET
EAST MARTIN LUTHER KING JR/STATE STREET
EAST MARTIN LUTHER KING JR/STATE STREET
EAST MARTIN LUTHER KING JR/STATE STREET
PARKER STREET
PARKER STREET
PARKER STREET
PARKER STREET
PARKER STREET
PARKER STREET
PARKER STREET
PARKER STREET
PARKER STREET
HUDSON STREET
HUDSON STREET
HUDSON STREET
HUDSON STREET
HUDSON STREET
HUDSON STREET
HUDSON STREET
HUDSON STREET
HUDSON STREET
STREETSTREETSTREETSTREETSTREETSTREETSTREETSTREETSTREET
SENE C A WAY SENE C A WAY SENE C A WAY SENE C A WAY SENE C A WAY SENE C A WAY SENE C A WAY SENE C A WAY SENE C A WAY
PLEASANT STREETPLEASANT STREETPLEASANT STREETPLEASANT STREETPLEASANT STREETPLEASANT STREETPLEASANT STREETPLEASANT STREETPLEASANT STREET
COLUMBIA STREETCOLUMBIA STREETCOLUMBIA STREETCOLUMBIA STREETCOLUMBIA STREETCOLUMBIA STREETCOLUMBIA STREETCOLUMBIA STREETCOLUMBIA STREET
EAST SENECA STREETEAST SENECA STREETEAST SENECA STREETEAST SENECA STREETEAST SENECA STREETEAST SENECA STREETEAST SENECA STREETEAST SENECA STREETEAST SENECA STREET
TURNER PLACE
TURNER PLACE
TURNER PLACE
TURNER PLACE
TURNER PLACE
TURNER PLACE
TURNER PLACE
TURNER PLACE
TURNER PLACE
EAST CLINTON STREETEAST CLINTON STREETEAST CLINTON STREETEAST CLINTON STREETEAST CLINTON STREETEAST CLINTON STREETEAST CLINTON STREETEAST CLINTON STREETEAST CLINTON STREET
S P E N C E R S T R E E T
S P E N C E R S T R E E T
S P E N C E R S T R E E T
S P E N C E R S T R E E T
S P E N C E R S T R E E T
S P E N C E R S T R E E T
S P E N C E R S T R E E T
S P E N C E R S T R E E T
S P E N C E R S T R E E T
P R O S P E C T
P R O S P E C T
P R O S P E C T
P R O S P E C T
P R O S P E C T
P R O S P E C T
P R O S P E C T
P R O S P E C T
P R O S P E C T
EAST GREEN STREETEAST GREEN STREETEAST GREEN STREETEAST GREEN STREETEAST GREEN STREETEAST GREEN STREETEAST GREEN STREETEAST GREEN STREETEAST GREEN STREET
GRANDVIEW COURTGRANDVIEW COURTGRANDVIEW COURTGRANDVIEW COURTGRANDVIEW COURTGRANDVIEW COURTGRANDVIEW COURTGRANDVIEW COURTGRANDVIEW COURT
GRANDVIEW AVENUE
GRANDVIEW AVENUE
GRANDVIEW AVENUE
GRANDVIEW AVENUE
GRANDVIEW AVENUE
GRANDVIEW AVENUE
GRANDVIEW AVENUE
GRANDVIEW AVENUE
GRANDVIEW AVENUE
HUDSON PLACEHUDSON PLACEHUDSON PLACEHUDSON PLACEHUDSON PLACEHUDSON PLACEHUDSON PLACEHUDSON PLACEHUDSON PLACE
SOUTH AURORA STREET
SOUTH AURORA STREET
SOUTH AURORA STREET
SOUTH AURORA STREET
SOUTH AURORA STREET
SOUTH AURORA STREET
SOUTH AURORA STREET
SOUTH AURORA STREET
SOUTH AURORA STREET
HILLVIEW PLACEHILLVIEW PLACEHILLVIEW PLACEHILLVIEW PLACEHILLVIEW PLACEHILLVIEW PLACEHILLVIEW PLACEHILLVIEW PLACEHILLVIEW PLACE
GRANDVIEW PLACE
GRANDVIEW PLACE
GRANDVIEW PLACE
GRANDVIEW PLACE
GRANDVIEW PLACE
GRANDVIEW PLACE
GRANDVIEW PLACE
GRANDVIEW PLACE
GRANDVIEW PLACE
C O D D I N G T O N R O A D
C O D D I N G T O N R O A D
C O D D I N G T O N R O A D
C O D D I N G T O N R O A D
C O D D I N G T O N R O A D
C O D D I N G T O N R O A D
C O D D I N G T O N R O A D
C O D D I N G T O N R O A D
C O D D I N G T O N R O A D
DANBY ROAD
DANBY ROAD
DANBY ROAD
DANBY ROAD
DANBY ROAD
DANBY ROAD
DANBY ROAD
DANBY ROAD
DANBY ROAD
SOUTH HILL TERR
SOUTH HILL TERR
SOUTH HILL TERR
SOUTH HILL TERR
SOUTH HILL TERR
SOUTH HILL TERR
SOUTH HILL TERR
SOUTH HILL TERR
SOUTH HILL TERR
TERRANCE PLACE
TERRANCE PLACE
TERRANCE PLACE
TERRANCE PLACE
TERRANCE PLACE
TERRANCE PLACE
TERRANCE PLACE
TERRANCE PLACE
TERRANCE PLACE
LINN STREET
LINN STREET
LINN STREET
LINN STREET
LINN STREET
LINN STREET
LINN STREET
LINN STREET
LINN STREET
CA S C A DI L L A P A RK RO A D
CA S C A DI L L A P A RK RO A D
CA S C A DI L L A P A RK RO A D
CA S C A DI L L A P A RK RO A D
CA S C A DI L L A P A RK RO A D
CA S C A DI L L A P A RK RO A D
CA S C A DI L L A P A RK RO A D
CA S C A DI L L A P A RK RO A D
CA S C A DI L L A P A RK RO A D
EAST COURT STREETEAST COURT STREETEAST COURT STREETEAST COURT STREETEAST COURT STREETEAST COURT STREETEAST COURT STREETEAST COURT STREETEAST COURT STREET
EAST BUFFALO STREETEAST BUFFALO STREETEAST BUFFALO STREETEAST BUFFALO STREETEAST BUFFALO STREETEAST BUFFALO STREETEAST BUFFALO STREETEAST BUFFALO STREETEAST BUFFALO STREET
FARM STREETFARM STREETFARM STREETFARM STREETFARM STREETFARM STREETFARM STREETFARM STREETFARM STREET
SEARS STREET
SEARS STREET
SEARS STREET
SEARS STREET
SEARS STREET
SEARS STREET
SEARS STREET
SEARS STREET
SEARS STREET
CASCADILLA AVENUE
CASCADILLA AVENUE
CASCADILLA AVENUE
CASCADILLA AVENUE
CASCADILLA AVENUE
CASCADILLA AVENUE
CASCADILLA AVENUE
CASCADILLA AVENUE
CASCADILLA AVENUE
YATES STREETYATES STREETYATES STREETYATES STREETYATES STREETYATES STREETYATES STREETYATES STREETYATES STREET
TOMPKINS STREETTOMPKINS STREETTOMPKINS STREETTOMPKINS STREETTOMPKINS STREETTOMPKINS STREETTOMPKINS STREETTOMPKINS STREETTOMPKINS STREET
MARSHALL STREETMARSHALL STREETMARSHALL STREETMARSHALL STREETMARSHALL STREETMARSHALL STREETMARSHALL STREETMARSHALL STREETMARSHALL STREET
NORTH AURORA STREET
NORTH AURORA STREET
NORTH AURORA STREET
NORTH AURORA STREET
NORTH AURORA STREET
NORTH AURORA STREET
NORTH AURORA STREET
NORTH AURORA STREET
NORTH AURORA STREET
NORTH CAYUGA STREET
NORTH CAYUGA STREET
NORTH CAYUGA STREET
NORTH CAYUGA STREET
NORTH CAYUGA STREET
NORTH CAYUGA STREET
NORTH CAYUGA STREET
NORTH CAYUGA STREET
NORTH CAYUGA STREET
P
I
E
R
R
O
A
D
P
I
E
R
R
O
A
D
P
I
E
R
R
O
A
D
P
I
E
R
R
O
A
D
P
I
E
R
R
O
A
D
P
I
E
R
R
O
A
D
P
I
E
R
R
O
A
D
P
I
E
R
R
O
A
D
P
I
E
R
R
O
A
D
N Y S R O UTE 34 & 13
N Y S R O UTE 34 & 13
N Y S R O UTE 34 & 13
N Y S R O UTE 34 & 13
N Y S R O UTE 34 & 13
N Y S R O UTE 34 & 13
N Y S R O UTE 34 & 13
N Y S R O UTE 34 & 13
N Y S R O UTE 34 & 13
P IER RO A DPIER RO A DPIER RO A DPIER RO A D
P IER RO A DPIER RO A DPIER RO A DPIER RO A DPIER RO A D
S
H
O
R
T
S
T
R
E
E
T
S
H
O
R
T
S
T
R
E
E
T
S
H
O
R
T
S
T
R
E
E
T
S
H
O
R
T
S
T
R
E
E
T
S
H
O
R
T
S
T
R
E
E
T
S
H
O
R
T
S
T
R
E
E
T
S
H
O
R
T
S
T
R
E
E
T
S
H
O
R
T
S
T
R
E
E
T
S
H
O
R
T
S
T
R
E
E
T
JAY STREETJAY STREETJAY STREETJAY STREETJAY STREETJAY STREETJAY STREETJAY STREETJAY STREET
UTICA STREET
UTICA STREET
UTICA STREET
UTICA STREET
UTICA STREET
UTICA STREET
UTICA STREET
UTICA STREET
UTICA STREET
WEST FALLS STREETWEST FALLS STREETWEST FALLS STREETWEST FALLS STREETWEST FALLS STREETWEST FALLS STREETWEST FALLS STREETWEST FALLS STREETWEST FALLS STREET
D
E
Y
S
T
R
E
E
T
D
E
Y
S
T
R
E
E
T
D
E
Y
S
T
R
E
E
T
D
E
Y
S
T
R
E
E
T
D
E
Y
S
T
R
E
E
T
D
E
Y
S
T
R
E
E
T
D
E
Y
S
T
R
E
E
T
D
E
Y
S
T
R
E
E
T
D
E
Y
S
T
R
E
E
T
NORTH CAYUGA STREET
NORTH CAYUGA STREET
NORTH CAYUGA STREET
NORTH CAYUGA STREET
NORTH CAYUGA STREET
NORTH CAYUGA STREET
NORTH CAYUGA STREET
NORTH CAYUGA STREET
NORTH CAYUGA STREET
AUBURN STREET
AUBURN STREET
AUBURN STREET
AUBURN STREET
AUBURN STREET
AUBURN STREET
AUBURN STREET
AUBURN STREET
AUBURN STREET
W
I
L
L
O
W
A
V
E
N
U
E
W
I
L
L
O
W
A
V
E
N
U
E
W
I
L
L
O
W
A
V
E
N
U
E
W
I
L
L
O
W
A
V
E
N
U
E
W
I
L
L
O
W
A
V
E
N
U
E
W
I
L
L
O
W
A
V
E
N
U
E
W
I
L
L
O
W
A
V
E
N
U
E
W
I
L
L
O
W
A
V
E
N
U
E
W
I
L
L
O
W
A
V
E
N
U
E
W E S T L I N C O L N S T R E E T
W E S T L I N C O L N S T R E E T
W E S T L I N C O L N S T R E E T
W E S T L I N C O L N S T R E E T
W E S T L I N C O L N S T R E E T
W E S T L I N C O L N S T R E E T
W E S T L I N C O L N S T R E E T
W E S T L I N C O L N S T R E E T
W E S T L I N C O L N S T R E E T
F
I
R
S
T
S
T
R
E
E
T
F
I
R
S
T
S
T
R
E
E
T
F
I
R
S
T
S
T
R
E
E
T
F
I
R
S
T
S
T
R
E
E
T
F
I
R
S
T
S
T
R
E
E
T
F
I
R
S
T
S
T
R
E
E
T
F
I
R
S
T
S
T
R
E
E
T
F
I
R
S
T
S
T
R
E
E
T
F
I
R
S
T
S
T
R
E
E
T
M O N R O E S T
M O N R O E S T
M O N R O E S T
M O N R O E S T
M O N R O E S T
M O N R O E S T
M O N R O E S T
M O N R O E S T
M O N R O E S T
L
A
K
E
A
V
E
N
U
E
L
A
K
E
A
V
E
N
U
E
L
A
K
E
A
V
E
N
U
E
L
A
K
E
A
V
E
N
U
E
L
A
K
E
A
V
E
N
U
E
L
A
K
E
A
V
E
N
U
E
L
A
K
E
A
V
E
N
U
E
L
A
K
E
A
V
E
N
U
E
L
A
K
E
A
V
E
N
U
E
ESTY STREETESTY STREETESTY STREETESTY STREETESTY STREETESTY STREETESTY STREETESTY STREETESTY STREET
NORTH GENEVA STREET
NORTH GENEVA STREET
NORTH GENEVA STREET
NORTH GENEVA STREET
NORTH GENEVA STREET
NORTH GENEVA STREET
NORTH GENEVA STREET
NORTH GENEVA STREET
NORTH GENEVA STREET
NORTH ALBANY STREET
NORTH ALBANY STREET
NORTH ALBANY STREET
NORTH ALBANY STREET
NORTH ALBANY STREET
NORTH ALBANY STREET
NORTH ALBANY STREET
NORTH ALBANY STREET
NORTH ALBANY STREET
H A N C O C K S T R E E T
H A N C O C K S T R E E T
H A N C O C K S T R E E T
H A N C O C K S T R E E T
H A N C O C K S T R E E T
H A N C O C K S T R E E T
H A N C O C K S T R E E T
H A N C O C K S T R E E T
H A N C O C K S T R E E T
S
E
C
O
N
D
S
T
R
E
E
T
S
E
C
O
N
D
S
T
R
E
E
T
S
E
C
O
N
D
S
T
R
E
E
T
S
E
C
O
N
D
S
T
R
E
E
T
S
E
C
O
N
D
S
T
R
E
E
T
S
E
C
O
N
D
S
T
R
E
E
T
S
E
C
O
N
D
S
T
R
E
E
T
S
E
C
O
N
D
S
T
R
E
E
T
S
E
C
O
N
D
S
T
R
E
E
T
F R A N K L I N S T R E E T
F R A N K L I N S T R E E T
F R A N K L I N S T R E E T
F R A N K L I N S T R E E T
F R A N K L I N S T R E E T
F R A N K L I N S T R E E T
F R A N K L I N S T R E E T
F R A N K L I N S T R E E T
F R A N K L I N S T R E E T
A D A M S S T R E E T
A D A M S S T R E E T
A D A M S S T R E E T
A D A M S S T R E E T
A D A M S S T R E E T
A D A M S S T R E E T
A D A M S S T R E E T
A D A M S S T R E E T
A D A M S S T R E E T
M A D I S O N S T R E E T
M A D I S O N S T R E E T
M A D I S O N S T R E E T
M A D I S O N S T R E E T
M A D I S O N S T R E E T
M A D I S O N S T R E E T
M A D I S O N S T R E E T
M A D I S O N S T R E E T
M A D I S O N S T R E E T
CASCADILLA STREETCASCADILLA STREETCASCADILLA STREETCASCADILLA STREETCASCADILLA STREETCASCADILLA STREETCASCADILLA STREETCASCADILLA STREETCASCADILLA STREET
NORTH PLAIN STREET
NORTH PLAIN STREET
NORTH PLAIN STREET
NORTH PLAIN STREET
NORTH PLAIN STREET
NORTH PLAIN STREET
NORTH PLAIN STREET
NORTH PLAIN STREET
NORTH PLAIN STREET
W
I
L
L
O
W
A
V
E
N
U
E
W
I
L
L
O
W
A
V
E
N
U
E
W
I
L
L
O
W
A
V
E
N
U
E
W
I
L
L
O
W
A
V
E
N
U
E
W
I
L
L
O
W
A
V
E
N
U
E
W
I
L
L
O
W
A
V
E
N
U
E
W
I
L
L
O
W
A
V
E
N
U
E
W
I
L
L
O
W
A
V
E
N
U
E
W
I
L
L
O
W
A
V
E
N
U
E
F
O
U
R
T
H
S
T
R
E
E
T
F
O
U
R
T
H
S
T
R
E
E
T
F
O
U
R
T
H
S
T
R
E
E
T
F
O
U
R
T
H
S
T
R
E
E
T
F
O
U
R
T
H
S
T
R
E
E
T
F
O
U
R
T
H
S
T
R
E
E
T
F
O
U
R
T
H
S
T
R
E
E
T
F
O
U
R
T
H
S
T
R
E
E
T
F
O
U
R
T
H
S
T
R
E
E
T
T
H
I
R
D
S
T
R
E
E
T
T
H
I
R
D
S
T
R
E
E
T
T
H
I
R
D
S
T
R
E
E
T
T
H
I
R
D
S
T
R
E
E
T
T
H
I
R
D
S
T
R
E
E
T
T
H
I
R
D
S
T
R
E
E
T
T
H
I
R
D
S
T
R
E
E
T
T
H
I
R
D
S
T
R
E
E
T
T
H
I
R
D
S
T
R
E
E
T
M O R R I S A V E N U E
M O R R I S A V E N U E
M O R R I S A V E N U E
M O R R I S A V E N U E
M O R R I S A V E N U E
M O R R I S A V E N U E
M O R R I S A V E N U E
M O R R I S A V E N U E
M O R R I S A V E N U E
WASHINGTON
STREET
WASHINGTON
STREET
WASHINGTON
STREET
WASHINGTON
STREET
WASHINGTON
STREET
WASHINGTON
STREET
WASHINGTON
STREET
WASHINGTON
STREET
WASHINGTON
STREET
PARK PLACE
PARK PLACE
PARK PLACE
PARK PLACE
PARK PLACE
PARK PLACE
PARK PLACE
PARK PLACE
PARK PLACE
WEST COURT STREETWEST COURT STREETWEST COURT STREETWEST COURT STREETWEST COURT STREETWEST COURT STREETWEST COURT STREETWEST COURT STREETWEST COURT STREET
F
I
F
T
H
S
T
R
E
E
T
F
I
F
T
H
S
T
R
E
E
T
F
I
F
T
H
S
T
R
E
E
T
F
I
F
T
H
S
T
R
E
E
T
F
I
F
T
H
S
T
R
E
E
T
F
I
F
T
H
S
T
R
E
E
T
F
I
F
T
H
S
T
R
E
E
T
F
I
F
T
H
S
T
R
E
E
T
F
I
F
T
H
S
T
R
E
E
T
MEADOW STREET
MEADOW STREET
MEADOW STREET
MEADOW STREET
MEADOW STREET
MEADOW STREET
MEADOW STREET
MEADOW STREET
MEADOW STREET
N Y S R O U T E 13 & 34
N Y S R O U T E 13 & 34
N Y S R O U T E 13 & 34
N Y S R O U T E 13 & 34
N Y S R O U T E 13 & 34
N Y S R O U T E 13 & 34
N Y S R O U T E 13 & 34
N Y S R O U T E 13 & 34
N Y S R O U T E 13 & 34
C A R P E N T E R CIR C L E
C A R P E N T E R CIR C L E
C A R P E N T E R CIR C L E
C A R P E N T E R CIR C L E
C A R P E N T E R CIR C L E
C A R P E N T E R CIR C L E
C A R P E N T E R CIR C L E
C A R P E N T E R CIR C L E
C A R P E N T E R CIR C L E
T HIR D S TR
E E T E X T
T HIR D S TR
E E T E X T
T HIR D S TR
E E T E X T
T HIR D S TR
E E T E X T
T HIR D S TR
E E T E X T
T HIR D S TR
E E T E X T
T HIR D S TR
E E T E X T
T HIR D S TR
E E T E X T
T HIR D S TR
E E T E X T
T HIR D S T R E E T E X T E N SI O N
T HIR D S T R E E T E X T E N SI O N
T HIR D S T R E E T E X T E N SI O N
T HIR D S T R E E T E X T E N SI O N
T HIR D S T R E E T E X T E N SI O N
T HIR D S T R E E T E X T E N SI O N
T HIR D S T R E E T E X T E N SI O N
T HIR D S T R E E T E X T E N SI O N
T HIR D S T R E E T E X T E N SI O N
SOUTH
GENEVA STREET
SOUTH
GENEVA STREET
SOUTH
GENEVA STREET
SOUTH
GENEVA STREET
SOUTH
GENEVA STREET
SOUTH
GENEVA STREET
SOUTH
GENEVA STREET
SOUTH
GENEVA STREET
SOUTH
GENEVA STREET
SOUTH CAYUGA STREET
SOUTH CAYUGA STREET
SOUTH CAYUGA STREET
SOUTH CAYUGA STREET
SOUTH CAYUGA STREET
SOUTH CAYUGA STREET
SOUTH CAYUGA STREET
SOUTH CAYUGA STREET
SOUTH CAYUGA STREET
SP E N C E R S T R E E T
SP E N C E R S T R E E T
SP E N C E R S T R E E T
SP E N C E R S T R E E T
SP E N C E R S T R E E T
SP E N C E R S T R E E T
SP E N C E R S T R E E T
SP E N C E R S T R E E T
SP E N C E R S T R E E T
N O R T H T I T U S A V E N U E
N O R T H T I T U S A V E N U E
N O R T H T I T U S A V E N U E
N O R T H T I T U S A V E N U E
N O R T H T I T U S A V E N U E
N O R T H T I T U S A V E N U E
N O R T H T I T U S A V E N U E
N O R T H T I T U S A V E N U E
N O R T H T I T U S A V E N U E
S O U T H T I T U S A V E N U E
S O U T H T I T U S A V E N U E
S O U T H T I T U S A V E N U E
S O U T H T I T U S A V E N U E
S O U T H T I T U S A V E N U E
S O U T H T I T U S A V E N U E
S O U T H T I T U S A V E N U E
S O U T H T I T U S A V E N U E
S O U T H T I T U S A V E N U E
SOUTH CAYUGA STREET
SOUTH CAYUGA STREET
SOUTH CAYUGA STREET
SOUTH CAYUGA STREET
SOUTH CAYUGA STREET
SOUTH CAYUGA STREET
SOUTH CAYUGA STREET
SOUTH CAYUGA STREET
SOUTH CAYUGA STREET
SOUTH ALBANY STREET
SOUTH ALBANY STREET
SOUTH ALBANY STREET
SOUTH ALBANY STREET
SOUTH ALBANY STREET
SOUTH ALBANY STREET
SOUTH ALBANY STREET
SOUTH ALBANY STREET
SOUTH ALBANY STREET
SOUTH GENEVA STREET
SOUTH GENEVA STREET
SOUTH GENEVA STREET
SOUTH GENEVA STREET
SOUTH GENEVA STREET
SOUTH GENEVA STREET
SOUTH GENEVA STREET
SOUTH GENEVA STREET
SOUTH GENEVA STREET
SOUTH ALBANY STREET
SOUTH ALBANY STREET
SOUTH ALBANY STREET
SOUTH ALBANY STREET
SOUTH ALBANY STREET
SOUTH ALBANY STREET
SOUTH ALBANY STREET
SOUTH ALBANY STREET
SOUTH ALBANY STREET
HYERS STREETHYERS STREETHYERS STREETHYERS STREETHYERS STREETHYERS STREETHYERS STREETHYERS STREETHYERS STREET
PARK STREETPARK STREETPARK STREETPARK STREETPARK STREETPARK STREETPARK STREETPARK STREETPARK STREET
WEST MARTIN LUTHER KING JR/STATE STREET
WEST MARTIN LUTHER KING JR/STATE STREET
WEST MARTIN LUTHER KING JR/STATE STREET WEST MARTIN LUTHER KING JR/STATE STREET
WEST MARTIN LUTHER KING JR/STATE STREET WEST MARTIN LUTHER KING JR/STATE STREET
WEST MARTIN LUTHER KING JR/STATE STREET
WEST MARTIN LUTHER KING JR/STATE STREET WEST MARTIN LUTHER KING JR/STATE STREET
CENTER STREETCENTER STREETCENTER STREETCENTER STREETCENTER STREETCENTER STREETCENTER STREETCENTER STREETCENTER STREET
FAYETTE STREET
FAYETTE STREET
FAYETTE STREET
FAYETTE STREET
FAYETTE STREET
FAYETTE STREET
FAYETTE STREET
FAYETTE STREET
FAYETTE STREET
WEST BUFFALO STREETWEST BUFFALO STREETWEST BUFFALO STREETWEST BUFFALO STREETWEST BUFFALO STREETWEST BUFFALO STREETWEST BUFFALO STREETWEST BUFFALO STREETWEST BUFFALO STREET
WEST GREEN STREETWEST GREEN STREETWEST GREEN STREETWEST GREEN STREETWEST GREEN STREETWEST GREEN STREETWEST GREEN STREETWEST GREEN STREETWEST GREEN STREET
WEST SENECA STREETWEST SENECA STREETWEST SENECA STREETWEST SENECA STREETWEST SENECA STREETWEST SENECA STREETWEST SENECA STREETWEST SENECA STREETWEST SENECA STREET
SOUTH PLAIN STREET
SOUTH PLAIN STREET
SOUTH PLAIN STREET
SOUTH PLAIN STREET
SOUTH PLAIN STREET
SOUTH PLAIN STREET
SOUTH PLAIN STREET
SOUTH PLAIN STREET
SOUTH PLAIN STREET
S P E N C E R R O A D
S P E N C E R R O A D
S P E N C E R R O A D
S P E N C E R R O A D
S P E N C E R R O A D
S P E N C E R R O A D
S P E N C E R R O A D
S P E N C E R R O A D
S P E N C E R R O A DELMIRA R O A D
E L M I R A R O A D
E L M I R A R O A D
E L M I R A R O A D
E L M I R A R O A D
E L M I R A R O A D
E L M I R A R O A D
E L M I R A R O A D
E L M I R A R O A D
SOUTH CORN STREET
SOUTH CORN STREET
SOUTH CORN STREET
SOUTH CORN STREET
SOUTH CORN STREET
SOUTH CORN STREET
SOUTH CORN STREET
SOUTH CORN STREET
SOUTH CORN STREET
WEST CLINTON STREETWEST CLINTON STREETWEST CLINTON STREETWEST CLINTON STREETWEST CLINTON STREETWEST CLINTON STREETWEST CLINTON STREETWEST CLINTON STREETWEST CLINTON STREET
SOUTH PLAIN STREET
SOUTH PLAIN STREET
SOUTH PLAIN STREET
SOUTH PLAIN STREET
SOUTH PLAIN STREET
SOUTH PLAIN STREET
SOUTH PLAIN STREET
SOUTH PLAIN STREET
SOUTH PLAIN STREET
FAIR STREET
FAIR STREET
FAIR STREET
FAIR STREET
FAIR STREET
FAIR STREET
FAIR STREET
FAIR STREET
FAIR STREET
SOUTH STREETSOUTH STREETSOUTH STREETSOUTH STREETSOUTH STREETSOUTH STREETSOUTH STREETSOUTH STREETSOUTH STREET
N
O
R
T
H
TIT
U
S A
V
E
N
U
E
N
O
R
T
H
TIT
U
S A
V
E
N
U
E
N
O
R
T
H
TIT
U
S A
V
E
N
U
E
N
O
R
T
H
TIT
U
S A
V
E
N
U
E
N
O
R
T
H
TIT
U
S A
V
E
N
U
E
N
O
R
T
H
TIT
U
S A
V
E
N
U
E
N
O
R
T
H
TIT
U
S A
V
E
N
U
E
N
O
R
T
H
TIT
U
S A
V
E
N
U
E
N
O
R
T
H
TIT
U
S A
V
E
N
U
E
S
O
U
T
H TIT
U
S A
V
E
N
U
E
S
O
U
T
H TIT
U
S A
V
E
N
U
E
S
O
U
T
H TIT
U
S A
V
E
N
U
E
S
O
U
T
H TIT
U
S A
V
E
N
U
E
S
O
U
T
H TIT
U
S A
V
E
N
U
E
S
O
U
T
H TIT
U
S A
V
E
N
U
E
S
O
U
T
H TIT
U
S A
V
E
N
U
E
S
O
U
T
H TIT
U
S A
V
E
N
U
E
S
O
U
T
H TIT
U
S A
V
E
N
U
E
NORTH CORN STREET
NORTH CORN STREET
NORTH CORN STREET
NORTH CORN STREET
NORTH CORN STREET
NORTH CORN STREET
NORTH CORN STREET
NORTH CORN STREET
NORTH CORN STREET
(STATE RTE 34/13)
(STATE RTE 34/13)
(STATE RTE 34/13)
(STATE RTE 34/13)
(STATE RTE 34/13)
(STATE RTE 34/13)
(STATE RTE 34/13)
(STATE RTE 34/13)
(STATE RTE 34/13)
STATE RTE 96/34/13
STATE RTE 96/34/13
STATE RTE 96/34/13
STATE RTE 96/34/13
STATE RTE 96/34/13
STATE RTE 96/34/13
STATE RTE 96/34/13
STATE RTE 96/34/13
STATE RTE 96/34/13
WOOD STREETWOOD STREETWOOD STREETWOOD STREETWOOD STREETWOOD STREETWOOD STREETWOOD STREETWOOD STREET
SOUTH MEADOW STREET
STATE RTE 79
(STATE ROUTE 96)
CLEVELAND AVENUECLEVELAND AVENUECLEVELAND AVENUECLEVELAND AVENUECLEVELAND AVENUECLEVELAND AVENUECLEVELAND AVENUECLEVELAND AVENUECLEVELAND AVENUE
S
O
U
T
H
F
U
L
T
O
N
S
T
R
E
E
T
CECIL A MALONE DRIVE
NORTH FULTON STREET
NORTH FULTON STREET
NORTH FULTON STREET
NORTH FULTON STREET
NORTH FULTON STREET
NORTH FULTON STREET
NORTH FULTON STREET
NORTH FULTON STREET
NORTH FULTON STREET
W
E
ST STATE STR
EET
BRINDLEY ST
REET
TABER STREET
TABER STREET
TABER STREET
TABER STREET
TABER STREET
TABER STREET
TABER STREET
TABER STREET
TABER STREET
CHERRY STREET
C H E R R Y ST R E ET
NYS ROUTE 13A
CHESTNUT ST
REET
FLORAL AVENUE
FLORAL AVENUE
FLORAL AVENUE
FLORAL AVENUE
FLORAL AVENUE
FLORAL AVENUE
FLORAL AVENUE
FLORAL AVENUE
FLORAL AVENUE
HOOK PLACEHOOK PLACEHOOK PLACE
HOOK PLACEHOOK PLACE
HOOK PLACEHOOK PLACEHOOK PLACE
HOOK PLACE
E L M S T R E E T
E L M S T R E E T
E L M S T R E E T
E L M S T R E E T
E L M S T R E E T
E L M S T R E E T
E L M S T R E E T
E L M S T R E E T
E L M S T R E E T
W E S T V IL L A G E P L A C E
W E S T V IL L A G E P L A C E
W E S T V IL L A G E P L A C E
W E S T V IL L A G E P L A C E
W E S T V IL L A G E P L A C E
W E S T V IL L A G E P L A C E
TAUGHANNOCK BLVD.
TAUGHANNOCK BLVD.
TAUGHANNOCK BLVD.
TAUGHANNOCK BLVD.
TAUGHANNOCK BLVD.
TAUGHANNOCK BLVD.
TAUGHANNOCK BLVD.
TAUGHANNOCK BLVD.
TAUGHANNOCK BLVD.
PARK ROAD
PARK ROAD
PARK ROAD
PARK ROAD
PARK ROAD
PARK ROAD
PARK ROAD
PARK ROAD
PARK ROAD
H
E
C
T
O
R
S
T
R
E
E
T
H
E
C
T
O
R
S
T
R
E
E
T
H
E
C
T
O
R
S
T
R
E
E
T
H
E
C
T
O
R
S
T
R
E
E
T
H
E
C
T
O
R
S
T
R
E
E
T
H
E
C
T
O
R
S
T
R
E
E
T
H
E
C
T
O
R
S
T
R
E
E
T
H
E
C
T
O
R
S
T
R
E
E
T
H
E
C
T
O
R
S
T
R
E
E
T
CLIF
F
ST.
CLIF
F
ST.
CLIF
F
ST.
CLIF
F
ST.
CLIF
F
ST.
CLIF
F
ST.
CLIF
F
ST.
CLIFF ST.
CLIF
F
ST.
HOPPER PLACEHOPPER PLACEHOPPER PLACEHOPPER PLACEHOPPER PLACEHOPPER PLACEHOPPER PLACEHOPPER PLACEHOPPER PLACE
SUNRISE ROADSUNRISE ROADSUNRISE ROADSUNRISE ROADSUNRISE ROADSUNRISE ROADSUNRISE ROADSUNRISE ROADSUNRISE ROAD
N
Y
S
R
O
U
T
E
7
9
N
Y
S
R
O
U
T
E
7
9
N
Y
S
R
O
U
T
E
7
9
N
Y
S
R
O
U
T
E
7
9
N
Y
S
R
O
U
T
E
7
9
N
Y
S
R
O
U
T
E
7
9
N
Y
S
R
O
U
T
E
7
9
N
Y
S
R
O
U
T
E
7
9
N
Y
S
R
O
U
T
E
7
9
N
Y
S
R
O
U
T
E
9
6
N
Y
S
R
O
U
T
E
9
6
N
Y
S
R
O
U
T
E
9
6
N
Y
S
R
O
U
T
E
9
6
N
Y
S
R
O
U
T
E
9
6
N
Y
S
R
O
U
T
E
9
6
N
Y
S
R
O
U
T
E
9
6
N
Y
S
R
O
U
T
E
9
6
N
Y
S
R
O
U
T
E
9
6
VINEGAR HILL
VINEGAR HILL
VINEGAR HILL
VINEGAR HILL
VINEGAR HILL
VINEGAR HILL
VINEGAR HILL
VINEGAR HILL
VINEGAR HILL
NYS
S
T
A
T
E
R
O
U
T
E
8
9
NYS
S
T
A
T
E
R
O
U
T
E
8
9
NYS
S
T
A
T
E
R
O
U
T
E
8
9
NYS
S
T
A
T
E
R
O
U
T
E
8
9
NYS
S
T
A
T
E
R
O
U
T
E
8
9
NYS
S
T
A
T
E
R
O
U
T
E
8
9
NYS
S
T
A
T
E
R
O
U
T
E
8
9
NYS
S
T
A
T
E
R
O
U
T
E
8
9
NYS
S
T
A
T
E
R
O
U
T
E
8
9
WESTFIELD DRIVE
WESTFIELD DRIVE
WESTFIELD DRIVE
WESTFIELD DRIVE
WESTFIELD DRIVE
WESTFIELD DRIVE
WESTFIELD DRIVE
WESTFIELD DRIVE
WESTFIELD DRIVE
C
L
I
F
F
S
T
R
E
E
T
C
L
I
F
F
S
T
R
E
E
T
C
L
I
F
F
S
T
R
E
E
T
C
L
I
F
F
S
T
R
E
E
T
C
L
I
F
F
S
T
R
E
E
T
C
L
I
F
F
S
T
R
E
E
T
C
L
I
F
F
S
T
R
E
E
T
C
L
I
F
F
S
T
R
E
E
T
C
L
I
F
F
S
T
R
E
E
T
W
E
S
T
M
O
U
N
T
D
R
I
V
E
W
E
S
T
M
O
U
N
T
D
R
I
V
E
W
E
S
T
M
O
U
N
T
D
R
I
V
E
W
E
S
T
M
O
U
N
T
D
R
I
V
E
W
E
S
T
M
O
U
N
T
D
R
I
V
E
W
E
S
T
M
O
U
N
T
D
R
I
V
E
W
E
S
T
M
O
U
N
T
D
R
I
V
E
W
E
S
T
M
O
U
N
T
D
R
I
V
E
W
E
S
T
M
O
U
N
T
D
R
I
V
E
H
E
C
T
O
R
S
T
R
E
E
T
H
E
C
T
O
R
S
T
R
E
E
T
H
E
C
T
O
R
S
T
R
E
E
T
H
E
C
T
O
R
S
T
R
E
E
T
H
E
C
T
O
R
S
T
R
E
E
T
H
E
C
T
O
R
S
T
R
E
E
T
H
E
C
T
O
R
S
T
R
E
E
T
H
E
C
T
O
R
S
T
R
E
E
T
H
E
C
T
O
R
S
T
R
E
E
T
T A Y L O R P L A C E
T A Y L O R P L A C E
T A Y L O R P L A C E
T A Y L O R P L A C E
T A Y L O R P L A C E
T A Y L O R P L A C E
T A Y L O R P L A C E
T A Y L O R P L A C E
T A Y L O R P L A C E
TAYLOR PLACE
TAYLOR PLACE
TAYLOR PLACE
TAYLOR PLACE
TAYLOR PLACE
TAYLOR PLACE
TAYLOR PLACE
TAYLOR PLACE
TAYLOR PLACE
C
A
M
P
B
E
L
L
A
V
E
N
U
E
C
A
M
P
B
E
L
L
A
V
E
N
U
E
C
A
M
P
B
E
L
L
A
V
E
N
U
E
C
A
M
P
B
E
L
L
A
V
E
N
U
E
C
A
M
P
B
E
L
L
A
V
E
N
U
E
C
A
M
P
B
E
L
L
A
V
E
N
U
E
C
A
M
P
B
E
L
L
A
V
E
N
U
E
C
A
M
P
B
E
L
L
A
V
E
N
U
E
C
A
M
P
B
E
L
L
A
V
E
N
U
E
TRU
M
A
N
S
B
U
R
G
R
O
A
D
TR
U
M
A
N
S
B
U
R
G
R
O
A
D
TR
U
M
A
N
S
B
U
R
G
R
O
A
D
TRU
M
A
N
S
B
U
R
G
R
O
A
D
TR
U
M
A
N
S
B
U
R
G
R
O
A
D
TRU
M
A
N
S
B
U
R
G
R
O
A
D
TR
U
M
A
N
S
B
U
R
G
R
O
A
D
TR
U
M
A
N
S
B
U
R
G
R
O
A
D
TR
U
M
A
N
S
B
U
R
G
R
O
A
D
WILLIA
M
S
G
L
E
N
R
O
A
D
WILLIA
M
S
G
L
E
N
R
O
A
D
WILLI
A
M
S
G
L
E
N
R
O
A
D
WILLIA
M
S
G
L
E
N
R
O
A
D
WILLI
A
M
S
G
L
E
N
R
O
A
D
WILLIA
M
S
G
L
E
N
R
O
A
D
WILLIA
M
S
G
L
E
N
R
O
A
D
WILLI
A
M
S
G
L
E
N
R
O
A
D
WILLIA
M
S
G
L
E
N
R
O
A
D
F
A
L
L
V
I
E
W
T
E
R
F
A
L
L
V
I
E
W
T
E
R
F
A
L
L
V
I
E
W
T
E
R
F
A
L
L
V
I
E
W
T
E
R
F
A
L
L
V
I
E
W
T
E
R
F
A
L
L
V
I
E
W
T
E
R
F
A
L
L
V
I
E
W
T
E
R
F
A
L
L
V
I
E
W
T
E
R
F
A
L
L
V
I
E
W
T
E
R
1,0002,000
feet
0
Parcel
Boundaries
Waterfront
Boundary
NY State Plane, Central GRS 80 Datum
Map Source: Tompkins County Digital Planimetric Map 1991-2014
Map Prepared by: GIS Planning, City of Ithaca, NY, 12/9/2015
Proposed
Waterfront
Study Area
To: To
To: Planning and Economic Development Committee
From: Jennifer Kusznir, Economic Development Planner
Date: January 27, 2016
Re: Proposal to Require Street-Level Active Uses on the Primary Commons
The purpose of this memo is to provide information regarding a proposal to create a requirement for active
street-level uses on the primary Commons.
This proposal was discussed at the January Common Council meeting. The Council asked that staff add
additional language to clarify the definition and to remove some of the listed uses. Enclosed for your
consideration is the draft ordinance with suggested changes tracked in red and underlined.
If you have any concerns or questions regarding any of this information, feel free to contact me at 274-
6410.
CITY OF ITHACA
108 East Green Street — 3rd Floor Ithaca, New York 14850-5690
DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT
Division of Planning & Economic Development
JOANN CORNISH, DIRECTOR OF PLANNING & ECONOMIC DEVELOPMENT
PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT
Telephone: Planning & Development – 607-274-6550 Community Development/IURA –
607-274-6559
Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org
Fax: 607-274-6558 Fax: 607-274-6558
2/5/20161/6/2016
Page 1 of 2
An Ordinance Amending The Municipal Code Of The City Of Ithaca,
Chapter 325, Entitled “Zoning,” To Create a Requirement for
Street Level Active Uses on the Primary Commons
ORDINANCE NO. ____
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca that Chapter 325, Zoning, be amended as follows:
Section 1. Chapter 325 (“Zoning”), Section 325-8D.(“Zoning
Regulations-Additional Restriction in the CBD Districts”) of the
Municipal Code of the City of Ithaca is hereby amended to add a
new subsection 325-8D(3), that will establish a requirement for
active street level uses for any establishment that opens on to
the Primary Commons. Section 325-8D(3), shall read as follows:
325-8 D.
(3) All properties located in the CBD district that
contain a storefront that fronts on the Primary
Commons, must contain an active use on the street
level, for that portion of the building that
fronts onto the Primary Commons. Active uses are
defined as uses that encourage high levels of
pedestrian activity and enliven the streetscape,
and create well-lit spaces with ample visibility
into the storefront area. Active uses include,
but are not limited to the following: are defined
as any of the following:
Retail Store or Service Commercial Facility
Restaurant, Fast Food Establishment, or
Tavern
Theater, Bowling Alley, Auditorium, or
Other Similar Public Place of Assembly
Hotel
Library or Fire Station
Public Park or Playground
Bank or Monetary Institution
Confectionary, millinery, dressmaking and
other activities involving light hand
fabrication as well as sales.
Additional uses may be permitted if the
Planning and Development Board determines them
to be an active use and grants special
Formatted: Font: (Default) Courier New
2/5/20161/6/2016
Page 2 of 2
approval for the use. The Planning Board may
also grant a special approval of a non-active
use if a property owner is able to show that
the physical structure is not easily adaptable
to be used as one of the above listed active
uses.
Section 3. The City Planning and Development Board, the City
Clerk, and the Planning and Economic Development Division shall
amend the District Regulations Chart to add street level active
uses as a requirement under the permitted primary uses, in
accordance with the amendments made by this ordinance.
Section 4. Severability. Severability is intended throughout
and within the provisions of this local law. If any section,
subsection, sentence, clause, phrase or portion of this local
law is held to be invalid or unconstitutional by a court of
competent jurisdiction, then that decision shall not affect the
validity of the remaining portion.
Section 5. Effective date. This ordinance shall take effect
immediately and in accordance with law upon publication of
notices as provided in the Ithaca City Charter.
To: Planning and Economic Development Committee
From: Jennifer Kusznir, Economic Development Planner
Date: February 1, 2016
Re: Proposal to Amend the Planned Unit Development Ordinance to Allow for Approval of
Multi Phased Projects
The purpose of this memo is to provide information regarding a proposal to amend the Planned Unit
Development (PUD) ordinance in order to allow for the Common Council to approve a PUD for a multi
phased project that may not yet have received final site plan approval on subsequent phases.
In 2014, the City amended Chapter 325-12, in order to create a floating Planned Unit Development Zone.
The process as adopted requires a project to obtain final site plan approval from the Planning Board
before the Common Council can approve a Planned Unit Development. This process is acceptable for
smaller projects that only contain one phase, however, many times a larger project will be presented to
the Planning Board in multiple phases. In these instances it is common for the Planning Board to provide
final site plan approval on the 1st phase and preliminary approval for the subsequent phases. For these
types of projects the applicant returns to the Planning Board for final approval once more detailed
information is available. However, approval of the Planned Unit Development should happen before
construction on the first phase can take place. In order to simplify this process and make it feasible for
projects to proceed with the necessary approvals, staff is recommending amending Chapter 325-
12(G)(12), of the City Code, as follows:
“Common Council consideration of the PUD. When and if the Planning Board has
completed its environmental review of the project to the extent required under
SEQRA and CEQRO and has issued a contingent site plan approval or in the case
of a multi-phase project has issued a preliminary contingent site plan approval
of multiple phases along with a final contingent site plan approval of at least
one phase, the project will return to the Common Council for final consideration of
the adoption of the PUD, which in Council’s discretion may be authorized for
one or all phases of a multi-phase project. Final Council approval, if any, shall be
granted via ordinance.”
Enclosed for your consideration is a draft ordinance. This change is considered a minor change to the
ordinance and therefore does not require further environmental review. If you have any concerns or
questions regarding any of this information, feel free to contact me at 274-6410.
CITY OF ITHACA
108 East Green Street — 3rd Floor Ithaca, New York 14850-5690
DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT
Division of Planning & Economic Development
JOANN CORNISH, DIRECTOR OF PLANNING & 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
Page 1 2/5/2016
An Ordinance to Amend the City of Ithaca Municipal Code, Chapter
325, Entitled “Zoning,” Article IV, Section 325-12, in Order to
Amend the Approval Process for the Planned Unit Development
(PUD)
ORDINANCE NO. 2016-____
BE IT ORDAINED AND ENACTED by the Common Council of the
City of Ithaca that Chapter 325, Article IV, Section 325-
12G.(12) be amended as follows:
Section 1. Chapter 325 (“Zoning”), Article IV, section 325-
12G.(12) is hereby amended to change the approval process for a
Planned Unit Development Zone to allow the Common Council to
approve a PUD for a multi phased project based on the final site
plan approval of the first phase of the project and preliminary
site plan approval of subsequent phases of the project, and
shall read as follows:
§325-12. G.(12)
“Common Council consideration of the PUD. When and
if the Planning Board has completed its
environmental review of the project to the extent
required under SEQRA and CEQRO and has issued a
contingent site plan approval or in the case of a
multi-phase project has issued a preliminary
contingent site plan approval of multiple phases
along with a final contingent site plan approval of
at least one phase, the project will return to the
Common Council for final consideration of the
adoption of the PUD, which in Council’s discretion
may be authorized for one or all phases of a multi-
phase project. Final Council approval, if any,
shall be granted via ordinance.”
Section 2. Severability. If any section, subsection, sentence,
clause, phrase or portion of this ordinance is held to be
invalid or unconstitutional by a court of competent
jurisdiction, then that decision shall not affect the validity
of the remaining portions of this ordinance.
Page 2 2/5/2016
Section 3. Effective date. This ordinance shall take effect
immediately and in accordance with law upon publication of
notices as provided in the Ithaca City Charter.
Backyard Chickens
The City of Ithaca is considering a two-year pilot program that would allow 20 City of
Ithaca residences to keep backyard chickens.
Regulation Summary
Maximum of four hens
Roosters prohibited
Slaughtering of chickens prohibited
Chickens must always be contained within a coop or enclosure
Chickens are not allowed to run at large
Chicken coops must be at least 20 feet from the primary lot structure and at least 5
feet from any abutting residential property line
Applicants must complete a seminar regarding the care of backyard chickens from
the Cornell Cooperative Extension Office
A building permit must be obtained prior to constructing a chicken coop or
enclosure
If at any time a permit is revoked, or the owner is unable to care for their hens, the
Cornell Cooperative Extension Office will work with the owners to rehome the
hens.
Additional information for residences in the pilot program:
Permit Process:
There is a one-time $70 permit application fee, paid at the time that the permit is
issued to the Building Department.
It is recommended to work with Cornell Cooperative Extension Office staff and
the Building Department to make sure ones’ property meets the minimum
requirements. Owners are also required to submit plans for their coop and
enclosure construction.
ORDINANCE __-2015
An Ordinance Amending Chapter 164 of the City of Ithaca Municipal Code
WHEREAS, Chapter 164 of the City of Ithaca Municipal Code prohibits the keeping of
chickens in the City, and;
WHEREAS, the City has received requests from citizens to allow chickens in backyard
coops and there is an active backyard chicken movement within the City , and;
WHEREAS, , and;
WHEREAS, chicken keeping is part of a larger sustainability trend to allow citizens to
grow their own foods – including fruits, vegetables and honey production – by reducing
barriers, which restrict local food production. These sustainability trends are congruent
with the City’s Comprehensive Plan goals, such as support for our community gardens
and active living initiatives, and;
WHEREAS, the Common Council desires to enable the keeping of backyard chickens in
the City; 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 backyard chickens, if
properly maintained, can prove a positive initiative for the City, promoting food
sustainability, increasing animal welfare __________, and providing _______, fresh eggs
free from pesticides and chemicals, without presenting a nuisance to neighboring
residents or properties.
Section 2. Amendments to Section 164-2(B).
Section 164-2(B) shall be amended to read as follows:
Exception. This section shall not apply to the keeping of chickens to the extent
authorized by Article III of this Chapter, nor to any educational, scientific or research
institution maintaining, with adequate safeguards as to public health, safety, comfort and
convenience, any animals or other creatures for scientific, medical or other research
purposes.
Section 3. Amendments to Section 164-4
Section 164-4 shall be amended to read as follows:
Except as provided in the Agriculture and Markets Law, a violation of this article
constitutes a civil offense punishable in accordance with § 1-1 of the City of Ithaca
Formatted: Font: (Default) Times New Roman
Formatted: Font: (Default) Times New Roman
Municipal Code except that the unlawful keeping of chickens in the City shall be
punishable as follows:
(a) $250 for the first violation:
(b) $500 for the second violation: and
(c) $750 for the third or subsequent violation.
These penalties shall be in addition to any other penalties provided by law.
Section 4. Creation of Article III to Chapter 164
An Article III of Chapter 164 is hereby created as follows:
Article III: Backyard Chickens
164-21: Definitions
Lot: As defined in section C-73(C)(1) of the City Charter.
Lot Square Footage: As defined in section C-73(C)(1) of the City Charter.
Property Class Code: As defined in section C-73(C)(1) of the City Charter.
Rear Yard: As defined in section 325-3 of the City Code.
164-22 Backyard Chickens
The prohibition against keeping chickens in this Chapter shall, during a two-year pilot
program that shall expire on May 1, 2018, not apply to up to twenty pilot applicants
approved for the keeping of up to four female chickens (hens) per Lot while the animals
are kept in such a manner that all requirements of this Article are satisfied.
164-23: Requirements for Keeping Chickens
A. Chickens may only be kept on those Lots with a Property Class Code of 210, 215,
220, 240, 250, or substantially identical successor designations.
B. Chickens may only be kept on those Lots possessing a Lot Square Footage of not
less than 3,000 square feet.
C. No chicken facility or any structure that houses chickens or any fenced pen area,
either temporarily or permanently, shall be located within any of the following
prohibited areas:
1. Within the setback requirements of the zone in which it is located;
2. Within twenty feet of any adjacent Lot’s residential principal structure or
accessory structure that contains a residential unit,adjacent residence, or
within three five feet of any principal structurethe chicken owner’s
residence or any other building on thea Llot housing the chickens; and
C.3. Within five feet from any abutting residential property line, unless
the adjacent owner agrees in writing to a lesser setback.
D. Chickens may only be kept by a domiciliary of a dwelling unit located on the Lot
on which the chickens are kept.
Commented [AL1]: Using PCC's here will be very exact‐
‐which is good‐‐but recognize that various PCC‐classified
single‐ and two‐family homes do house 3+ families (and
perfectly legally so).
Commented [AL2]: Using PCC's here will be very exact‐
‐which is good‐‐but recognize that note that various PCC‐
classified single‐ and two‐family homes do house
3+multiple families (and perfectly legally so).
Commented [AL3]: For definitions, see
http://www.tax.ny.gov/research/property/assess/manu
als/prclas.htm#residential.
Commented [JM4]: What is the right lot size or a fair
size within the City? This seems high.
Commented [AL5R4]: 5000 sq ft. is like a 50x100' lot,
to state the obvious. Certainly not huge, but also likely
larger than many lots in the City.
Formatted
Formatted: Font: Times New Roman
Commented [AL6]: This means it must be their primary
residence…
E. Chickens must be kept in and confined in a properly designed and constructed
coop or chickenhouse, or a fenced and covered enclosure, that is at least 4 square
feet per chicken in size, which additionally includes a run. Each covered coop
and run combined shall be located in, and shall not cover more than 50% of,
which may be located only in the Rear Yard of the Lot., and shall comply with the
setback requirements of the zone in which it is located;
Each fenced and covered enclosure shall be designed with adequate yard space for
each chicken, including a run, and the coop or chicken house and the fenced and
covered enclosure combined shall not cover more than 50% of the rear yard.
Enclosures must be clean and resistant to predators and rodents.
F. It shall be unlawful for any person to allow hens to run at large upon the streets,
alleys or other public places of the City, or upon the property of any other person.
G. During daylight hours the adult chickens shall have access to the chicken coop
and, weather permitting, shall have access to an outdoor enclosure on the subject
property, adequately fenced to contain the chickens and to prevent access to the
chickens by dogs and other predators.
H. Chicken feed must be in rodent resistant and weather proof containers.
I. Chickens may not be butchered, slaughtered, or otherwise killed, for any reason
or any purpose, on any real property on which chickens are kept pursuant to this
Article.
J. A chicken coop, and the premises where the chicken coop is located, shall be
maintained in a condition such that the facility or chickens do not produce noise
or odor that creates a nuisance for adjoining Lots and the responsible domiciliary
and the owner shall remove any odorous or unsanitary condition. The Lot owner
shall be responsible for the repair on any adjoining Lot of any damage caused by
the chickens, including but not limited to damage to dwellings, structures and
yards, and shall be responsible for any unsafe condition.
K. The person keeping the chickens shall abide by all Solid Waste Storage and
Collection standards of the City's Exterior Property Maintenance Code, §331-7.
L. Roosters are expressly prohibited, regardless of the age or maturity of the bird.
M. Pilot application approval pursuant to Section 164-24 is required for the keeping
of chickens.
L.N. Approved pilot applicants must complete a seminar regarding the care of
chickens in an urban environment from the Cornell Cooperative Extension Office,
or similarly qualified organization acceptable to the Planning Department.
164-24: Pilot Application Process and Parameters.
A. No more than twenty pilot applications for the keeping of chickens shall be
approved under this Article III.
B. Applications shall be made to, and approved or rejected by, the City of Ithaca
Planning Department upon submission of a $70 application fee, an application,
site survey, verification of a completed chicken keeping seminar and preliminary
plans for a covered coop.
C. If electricity is provided to the coop, a separate electrical permit will be required.
Commented [AL7]: By "comply", do we mean "shall not
be located within any required setbacks? If so, perhaps
we should say that explicitly.
Formatted: Font: Times New Roman
Formatted: Normal, Justified, Don't adjust space
between Latin and Asian text, Don't adjust space
between Asian text and numbers
Formatted: Font: Times New Roman, Font color:
Black
Formatted: Font: Times New Roman
Formatted: List Paragraph, Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 + Alignment:
Left + Aligned at: 0.25" + Indent at: 0.5"
Formatted: Font: Times New Roman
Formatted: Font: Times New Roman
Formatted: Font: Times New Roman
D. A Planning Department representative will perform a site visit, review the
application and interview the applicant prior to Planning Department approval.
E. The Planning Department may revoke application approval for a specific site via
written notice to the property owner when the Director of Planning or designee
finds, at his or her sole discretion, that any requirements of this Article are not
met. Upon revocation, the owner must remove the hens from the property in
coordination with the Cornell Cooperative Extension Office who will assist with
rehoming them.
F. The Planning Department shall, at least three months prior to the expiration of the
pilot program, report to a Committee of the Common Council on the status of the
pilot program.
164-254: Remedies Not Exclusive.
The remedies provided by this Article are cumulative and not mutually exclusive and are
in addition to any other rights, remedies, and penalties available to the City under any
other provision of law.
A. Any chickens that are not kept as required in this Article shall be deemed a public
nuisance and the owner or custodian shall be given thirty days to rectify the
conditions creating the public nuisance. In any case in which the City intends to
correct a violation of this chapter, including removing and confiscating any chickens
present, and then bill the property owner for the correction of the violation, the
Director of Planning and Development or his/her designee shall notify the owner of
the property and, where relevant, the registered agent who has assumed responsibility
as outlined in § 178-5 of this Code, in writing, of any violation of this chapter.
B. Any notice required by this section shall be served in person or by mail to the address
appearing on the City tax roll, requiring such person, within a time specified in such
notice but in no event less than thirty days from the service or mailing thereof, to
comply with this chapter and to abate the nuisance and, as appropriate, to remove the
chickens. Such notice shall also state that the property owner may contest the finding
of the Director of Planning and Development or designee by making a written
request to have a hearing on the matter held at the next regularly scheduled meeting
of the Board of Public Works.
C. Any request for such a hearing must be mailed and postmarked or personally
delivered to the Director of Planning and Development or designee within fourteen
days of the service or mailing of notice, and any such written request for a hearing
shall automatically stay further enforcement concerning the alleged violation pending
such hearing. The decision of the Board of Public Works, by majority vote, shall be
binding, subject to any further judicial review available to either the City or the
property owner.
D. Upon the failure of a property owner to comply with the notice of violation of this
chapter (or, alternatively, to request a hearing as aforesaid within the time limit stated
in such notice, or upon a Board of Public Works’ determination, after such a hearing,
Formatted: Font: Times New Roman
Formatted: Numbered + Level: 1 + Numbering Style:
A, B, C, … + Start at: 1 + Alignment: Left + Aligned at:
0.25" + Indent at: 0.5", Don't adjust space between
Latin and Asian text, Don't adjust space between Asian
text and numbers
Formatted: Font: Times New Roman
that a violation exists), the Director of Planning and Development or designee shall
refer the matter, by memorandum, to the Superintendent of Public Works, who shall
cause such premises to be put in such condition as will comply and shall charge the
cost thereof to the owner of said premises, including a charge of 50% for supervision
and administration. The minimum charge to the property owner for such work shall
be $50.
E. The City Chamberlain shall promptly present to the owner of any parcel so corrected
a bill rendered for such services, as certified by the Superintendent of Public Works.
If not paid within 30 days, the cost thereof shall be assessed against the property,
added to its tax and become a lien thereon, collectible in the same manner as
delinquent City taxes. Appeals from this section shall only be permitted if written
notice of appeal is received by the Ithaca City Clerk within 45 days after the mailing
of the bill from the Chamberlain, and such appeals shall be taken to the Board of
Public Works.
Section 5. Severability. Severability is intended throughout and within the provisions of
this Ordinance. If any section, subsection, sentence, clause, phrase, or portion of this
Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction,
then that decision shall not affect the validity of the remaining portions of this Ordinance.
Section 6. Effective Date. This ordinance shall take effect immediately upon publication
as provided for in the City Charter.
MEMORANDUM
TO: Board of Zoning Appeals (BZA)
FROM: Phyllis Radke, Director of Zoning Administration
DATE: May 11, 2015
SUBJECT: Request Made to Director of Zoning Administration for “Interpretation of Zoning
Ordinance Requirement” (Article VA, “Telecommunications Facilities and Services”)
I have received an appeal for an interpretation of Zoning Ordinance, Article VA, “Telecommunications
Facilities and Services” (hereafter referred to as “TCO”), Section 325-29.9. A. (1), as applied to a cell
tower located at 815 South Aurora Street. Section 325-29.9.A. (1) concerns the fall zone setback
requirements for Tier III telecommunications facilities and applies to the siting of towers, monopoles,
and lattice structures. The area of a fall zone is where: “No habitable structure or outdoor area where
people congregate shall be within a fall zone of two times the height of the PWSF [personal wireless
service facility] or its mount.”
The applicant’s agent has stated that Modern Living Rentals (potential developer of 815 South Aurora
Street) has an option to purchase the property at 815 South Aurora Street. This 2.5-acre parcel is the
site of a telecommunications tower purportedly having a height of 170 feet. Modern Living Rentals
wishes to build a housing development on this site ― however, because of the fall zone
requirements, land available for development must be 340 feet from the base of the tower. In his
request for an interpretation, the applicant’s agent contends that the fall zone greatly exceeds the
distance a tower would actually fall and has submitted two reports from New York State licensed
engineers who have calculated the distance the cell tower at 815 South Aurora Street would collapse
due to guy wire failure. These reports state that in a worst-case scenario, if all three guy wires
supporting the tower fail, the tower’s fall would be equal to the tower’s height, or 170 feet. The two
engineers also calculated the debris field could extend beyond the collapsed tower by an additional
10-15 feet. Nevertheless, the applicant’s agent claims the engineering reports prove that “under no
circumstances of structural failure would the tower, or parts of the tower, fall outside an area equal to
the height of the tower.”1
1 See 2/11/15 appeal letter from STREAM Collaborative Architecture+Landscape Architecture, DPC, written by Noah
Demarest, agent for Modern Living Rentals.
CITY OF ITHACA
108 E. Green Street — 3rd Floor Ithaca, New York 14850-5690
DEPARTMENT OF PLANNING, BUILDING, ZONING & ECONOMIC DEVELOPMENT
Phyllis Radke, Director of Zoning Administration
Telephone: 607-274-6550 Fax: 607-274-6559 Email: cpyott@cityofithaca.org
2
Judging from his appeal letter, the agent is requesting that the required fall zone of twice the tower
height be reduced to the distance he believes the cell tower would actually fall, based on the two
submitted engineering reports. It appears from the applicant’s submitted survey map that the specific
request is to reduce the fall zone requirement of twice the tower height (200%) to one with a 180-foot
(105.8%) radius from the base of the tower at 815 South Aurora Street. While I do not dispute the
findings of the submitted engineering reports, I also believe the fall zone area was deliberately
chosen to account for other hazards resulting from a tower or its parts falling or collapsing, in a variety
of situations and conditions.
I therefore do not support the applicant’s conclusion that the “fall zone” requirement should be the
distance the tower will fall on clear and unobstructed ground because of a cataclysmic structural
failure. My understanding of the fall zone requirement is based both on the TCO’s definition of “fall
zone” (Section 325-29.9 (1)) and by analyzing the fall zone requirement within the context of the
Telecommunications and Facilities Ordinance’s purpose and goals (Section 325-29.4, “Legislative
intent.”) These originated, in part, from the limitations imposed on local communities regulating tower
siting because of the Federal Telecommunications Act (“TCA”) of 1996.
Telecommunications Act: Legislative Intent & Goals
The TCO begins with the “Legislative intent” in Section 325-29.4, which describes the limitations
imposed by Congress on siting telecommunications facilities by local authorities through zoning. In
1996, Congress passed the TCA, which was a major revision to Federal telecommunications laws
that had been in effect for numerous years. The TCA was enacted in response to the rapidly
changing technology and growth of the wireless communications industry. In creating the TCA,
Congress favored increasing the deployment of telecommunications facilities by reducing regulations
that could impede telecommunications growth. As a result, cellular tower regulation by local
governments is restricted.2
Our TCO begins by listing five constraints imposed on local zoning by the Telecommunications Act of
1996 (47 U.S.C.A):
1. Local government cannot reasonably discriminate against providers of functionally equivalent
services.
2. Local governments cannot prohibit or have the effect of prohibiting the provisions of personal
wireless services.
3. Local government must act on any application to place, construct, or modify a wireless facility
within, “a reasonable period of time.”
4. Any decision to deny application to place, construct, or modify a wireless facility shall be in
writing and be supported by substantial evidence contained in a written record.
5. Local governments cannot regulate the placement, construction, or modification of a wireless
facility based on environmental effects of radio frequency emissions to the extent that such
facilities comply with the FCC’s regulations concerning such emissions.
2 John M. Armentano, Farrell Fritz, P.C., “Zoning and Land Use Planning Law: The Telecommunications Act of 1996 and
Local Government Control,” Real Estate Law Journal, August 20, 1998, p.3, http://www.farrellfritz.com/zoning-and-land-
use-planning-law-the-telecommunications-act-of-1996-and-local-government-control-o/.
3
The enactment of the TCA by Congress in 1996 required most municipalities to rewrite their zoning
ordinances regulating telecommunications facilities to both reflect the new restrictions imposed by the
Federal government in regulating telecommunications facilities and avoid litigation by wireless
carriers and/or the FCC. The City of Ithaca also rewrote its land-use laws concerning
telecommunications facilities and enacted the Telecommunications Services and Facilities Ordinance
(TCO) in 2002. Needless to say, this Ordinance was carefully crafted to avoid any violation of
Federal law. The TCA restrictions are immediately followed by the statement below that asserts the
City’s authority to adopt laws that protect the safety and welfare of its citizens and assure these
concerns have been addressed by the TCO.
“The City of Ithaca is authorized to adopt laws to provide for the health, safety, and welfare of
the citizens of the City of Ithaca. The regulation of the placement, installation, and construction
of personal wireless service facilities preserves and protects the health, safety, welfare, and
general well- being of the citizens of the City of Ithaca and protects the natural features and
aesthetic character of the City of Ithaca. The City of Ithaca Department of Planning and
Development and the City of Ithaca Common Council have, during the period of a current
moratorium, undertaken a deliberative process to establish policy, standards and procedures
related to the location, siting and design of mounts and antenna arrays for personal wireless
services.” (TCO, Section 325-29.4 B.)
This intent section indicates that a deliberative process was undertaken to establish standards
(including fall zone requirements) that would preserve and protect the health, safety, and welfare of
the community. The policy makers did not merely choose a fall zone that is twice the tower height
with a belief that if you double something, it will be twice as safe. On the contrary, the City
Attorney’s Office, the Planning and Development Department, and Common Council took the time to
understand the complexities of writing a telecommunications ordinance to develop one that would
both meet the criteria of the TCA and protect the health and safety of the community.
The TCO, Section 325-29.4 C., continues further, stating that the purpose and intent of the Chapter is
to: “[…] establish standards for the location, siting, and design of personal wireless service facilities
[…].” It then lists six goals of the Ordinance, one of which is to: “[…] protect the attractiveness, health,
safety, and general welfare and property values of the community.” To achieve this end, the
Ordinance is written so that it provides for “opportunity sites” for locating telecommunication facilities
and “avoidance sites.” Although telecommunications facilities can be located in avoidance areas ―
this is only possible if they meet the Ordinance’s siting, design, and safety requirements. The
standards include requirements for cell tower siting, design, and safety and have additional fall zone
and setback standards for Tier III applications, which include guyed towers, monopoles, lattice
towers, and similar structures. (See TCO, Section 325-29.8, “Standards.”)
The “Legislative intent” section concludes with the following statement: “Therefore, the Common
Council of the City of Ithaca has prepared this chapter to revise the City of Ithaca Zoning Law to more
clearly reflect the above facts [emphasis added].” (See TCO, Section 325-29.4 D.)
Potential Adverse Impacts of Wireless Facilities
TCO, Section 325-29.5, “Definitions,” defines “fall zone” as: “The area on the ground within a
prescribed radius from the base of a PWSF. The fall zone is the area within which there might be a
potential hazard from falling debris or collapsing material.” Therefore, the fall zone is the “[…] area
within which there might be a potential hazard caused from falling debris or collapsing material.” I
4
believe this definition includes potential hazards that may result as a consequence of parts of the
tower, or the whole tower, falling. This does not limit the fall zone to the distance that the parts of the
tower, or whole tower, would actually fall to the ground.
While the engineering reports show how far the tower may fall, they are limited to a tower falling
unimpeded on unobstructed flat ground due to guy wire failure. The reports neither consider how far
antennas, tower pieces, and ice may travel if detached by high winds, nor do they investigate the
potential hazards of burning and falling antenna arrays igniting nearby trees or buildings. The tower
at 815 South Aurora Street is a non-conforming structure. Because the original tower was erected
many years ago, residential buildings within 180 feet of the tower are within striking distance if the
tower fails. If the tower were to fall in a southerly direction, it would likely hit an existing apartment
building. Were it to fall in a northerly direction, it would demolish the telecommunications facility
building, including the exterior fuel tank located on its southern wall, and crash onto the concrete
building on site. Were it to fall in a westerly direction, it would fall across Route 96B, tearing down
power lines. Because of the tower’s size and weight, anything it hits would likely shatter and cause
other debris fields, not to mention creating an opportunity for fire. These are all “potential hazards”
caused by parts or the entire tower falling.
It is my experience the City does not draft new land-use laws without looking at other similar
community legislation that has been enacted and is capable of withstanding litigation. Obviously
because telecommunications facilities support the use of wireless communications devices, they are
a necessity for communities. Individuals, neighborhoods, and even entire cities could be adversely
impacted without adequate regulations for siting and operating these facilities ― however,
municipalities are also involved in siting telecommunication facilities because of potential adverse
community impacts, and potential health and safety hazards.
Attorney Andrew J. Campanelli, of Garden City, New York, has a history of advising municipalities
throughout the United States on drafting telecommunications ordinances that protect and preserve
the general welfare of a municipality and resist legal challenges. He was the legal advisor for
telecommunications ordinances in cities, like Berkeley, Burbank, Davis, and Calabasas, California.
His report to the City of Calabasas’ City Council contains valuable information on how a City can
regulate aesthetic and safety concerns without triggering an FCC law suit.3 In that report, Campanelli
discusses the practical concerns of safely siting telecommunications facilities and how a municipality
can best protect its community. I have added his comments from his report to Calabasas’ City
Council, below, in order to express some of the real issues a community faces in regulating the siting
of telecommunications facilities in concert with TCA regulations.
Radio Frequency Radiation (RF) Radiation Exposure
There is a potential adverse health impact from overexposure to RF radiation emanating from
wireless facilities. Campanelli writes: “Overexposure can occur where a facility exposes the public to
levels of RF radiation which exceed the maximum safe exposure limits adopted by the FCC [“the
same threshold level at which harmful biological effects may occur”].”4 However, as discussed
earlier, the TCA prohibits local governments from considering adverse health impacts, to the extent
that the wireless facility will be FCC compliant.
3 Andrew J. Campanelli, “Analysis and Suggested Revisions to Proposed City Ordinance 17.12.050,” November 30, 2011,
City of Calabasas, California, http:/www.cityofcalabasas.com/pdf/wireless/Andrew-Campanelli-Report.pdf.
4 Ibid., p.8
5
Aesthetics & Adverse Community Impacts
A telecommunications facility can potentially adversely affect the aesthetics and/or character of a
neighborhood or city. This happens when an installation, due to its size, appearance, or location, is
inconsistent with the character of the properties and/or community surrounding the installation.
Campanelli states: “[…] the magnitude of such potential impacts are greatest in residential
communities [emphasis added].”5
The tower at 815 South Aurora Street is one of the only towers currently standing in Ithaca. Even
with the Telecommunications Ordinance, the City has a limited ability to prohibit tower siting in
undesirable locations. The best tools we have for protecting sensitive areas is the TCO’s fall zone
requirement, a no-build zone twice the height of the tower, and our ability to request wireless
providers to collocate new telecommunications devices (i.e., adding antenna arrays to an existing
tower.)
Siting towers in a small densely-populated city is obviously problematic, especially because of TCA
constraints. Regardless, as technology increases and the capacity of existing towers is reached, new
towers at shorter distances from one another will have to be erected to meet consumer demand.6 To
this end, the loss of the tower at 815 South Aurora Street, and our ability to collocate communications
devices, or a reduction in fall zone requirements will directly affect the siting of telecommunications
facilities in all areas of the city.
Physical Safety Concerns
The FCC does not record the number of cell tower collapses or cell tower fires that occur in the U.S.;
however, statistics show an average of one cell tower collapses each month and an average of one
tower catches fire every three months in the US.7 The internet also provides multiple videos showing
wireless facilities collapsing and/or on fire. For example, in nearby Oswego, New York, a new cell
tower collapsed at a firehouse, crushing the police chief’s vehicle, because of the base plate bolts not
being tightened (http://www.firehouse.come/node62632).
In his report to the City of Calabasas, Campanelli discusses the common structural elements of cell
towers which have caused or contributed to collapse: “[…] including baseplates, flanges, defective
sections, joints and guy wires, among others.” He further states that:
“Taking these structural failures into consideration, local zoning authorities have
enacted “fall-zone” requirements, which mandate that wireless facilities are
maintained at a sufficient distance from other structures and the general public, to
ensure their safety in the event of a structural failure or fire at a wireless facility.
The rule of thumb which seems to be taking hold across the United States is that
most local ordinances provide for setbacks of 150% to 200% of the height of a
proposed tower.”8
5 Ibid., p.11
6 Laurie Dichiara, Editor-in-Chief, “Wireless Communication Facilities: Siting for Sore Eyes,” Pace Law Review, Spring
1997, pp. 19-20.
7 Dr. David M. Stupin, “Cell Tower Collapse and Fire Survey,” http://electronicsilentspring.com/primers/cell-towers-cell-
phones/cell-tower-fires-collapsing/.
8 Andrew J. Campanelli, “Analysis and Suggested Revisions to Proposed City Ordinance 17.12.050,” November 30, 2011,
City of Calabasas, California, p.13, http:/www.cityofcalabasas.com/pdf/wireless/Andrew-Campanelli-Report.pdf.
6
Campanelli continues by stating: “These setbacks are deemed suitable to protect against the dangers
[of] structural failures due to collapse, falling pieces of a tower, fire, or even falling chunks of ice […].”
A fall zone is therefore not just a safety area to protect against the complete collapse of a tower, but it
is also where other types of potential hazards may occur, resulting from the area’s close proximity to
a tower. A fall zone twice the tower height or 200% is justifiable because of potential tower collapse,
various debris fields, and the dangers of falling ice and the spread of fire.
Ramifications of Tower Collapse & Reducing Required Fall Zone
In discussing this application with the applicant’s agent, I learned the applicant has an option to buy
the 2.5-acre parcel at 815 South Aurora Street to develop housing. Formerly used for fuel storage
and facilities, the site is also where the alleged 170-foot cell tower is standing. A tower has been
located on the property since the 1960s. In the 1990s, the tower was replaced with a tower 120 feet
high. A tower of at least 140 feet was standing when the Telecommunications Ordinance was
enacted in 2002. The property at 815 South Aurora Street is in an R-3 Residential Use District. The
tower and associated structures are non-conforming. The first tower on site was used to
communicate with oil trucks delivering oil from 815 South Aurora Street to other uses. At that time,
the height of the tower was reported to be 60 feet. In the 1980s, the tower control room caught fire
and the building containing the equipment was destroyed. In the early 1990s, the tower received a
variance from the Board of Zoning Appeals for a height of 120 feet. While the former use of the
property was non-conforming, the 2002 TCO allows telecommunications facilities to be sited
anywhere, provided such facility meets other TCO requirements.
The existing tower at 815 South Aurora Street also does not meet other setback regulations specified
by the 2002 Ordinance. (See Section 325-29.9, “Fall zone and setback requirements for Tier Three
PWSFs.”) The applicant’s engineers have measured the height of the tower (the tower base) at 170
feet; however, by definition in the TCO, “height” is measured to the highest attachment. (See
definition of “Height,” Section 325-29.5.) Height is: “The distance measured from at ground level
(AGL) to the highest point of a PWSF, including the antenna array.” Measuring to the top antenna
produces a tower height of approximately 192 feet. Furthermore, according to the engineering
reports, antenna arrays would cause a debris field that is added to the tower height. The Taitem
Engineering, P.C. report claims: “[…] different communication components can add approximately 15’-
0” to the fall zone […]” Therefore, the applicant’s presumption that a safe fall zone is merely 170 feet
in length is actually a zone with a 207-foot radius from the base of the tower. This is quite different
from the applicant’s claim that: “[…] under no circumstances of structural failure would the tower or
parts of the tower fall outside an area equal to the height of the tower,” which he claims is 170 feet.
2012 Federal Wireless Facilities Deployment Act: Section 6409
The TCO’s definition of a fall zone is an “area on the ground within a prescribed radius” that is twice
the height of a tower. Contrary to the applicant’s assertion that the fall zone only need accommodate
for the tower’s, or part of the tower’s, structural failure, the second sentence in the definition clearly
defines it more broadly as an “area within which there might be a potential hazard from falling debris
or collapsing material.”
7
Unfortunately, recent Federal regulations have placed a new burden on the TCO’s ability to regulate
the fall zone of the existing tower at 815 South Aurora Street. The 2012 Federal Wireless Facilities
Deployment Act, Section 6409, mandates there will be no limit to height or number of antennas that
can be added once a cell tower is built. Section 6409 states: “Notwithstanding section 704 of the
Telecommunications Act of 1996 (Public Law 104–104) or any other provision of law, a State or local
government may not deny, and shall approve, any eligible facilities request for a modification of an
existing wireless tower or base station that does not substantially change the physical dimensions of
such tower or base station.”9
“Substantially change” is not defined in the Deployment Act itself; however, the FCC defines
substantially change as “an increase in height of 20 feet or 20%, whichever is larger.” The FCC also
allows the width of the tower to increase up to 40 feet.10 Therefore, each application to add a new
antenna array would allow the tower to increase an additional 20% in height. While Congress may
adopt the National Collocation Agreement’s definition that “substantially change” means an increase
of up to 20 feet or 10% of the tower’s height, Section 6409 supersedes the TCO’s ability to prevent
existing towers from growing substantially in height by locally determining fall zone and setback
requirements.11 In other words, the City has no control over determining the ultimate height of the
tower located at 815 South Aurora Street. The current tower is at its loading capacity limit. The only
way more antenna arrays can be added is to increase the tower’s height. Several additions to the
tower will rapidly increase the height of the tower and threaten the new residential development the
applicant proposes to develop, should the tower structurally fail.
I believe reducing the area of the fall zone requirements would be detrimental to the health, wealth,
safety, and economic well-being of Ithaca’s neighborhoods. Furthermore, a Zoning Director’s
interpretation is a Type 2 Action under City’s Environmental Quality Review (CEQR) Ordinance. No
environmental review is necessary for an interpretation that would lead to the reduction of the current
fall zone requirement. This interpretation is therefore made without further environmental review that
would investigate other potential impacts on the existing and proposed development, or in other areas
of the City where telecommunications devices can be sited if the fall zone setback is reduced. This
includes investigating public controversy.
Sincerely,
Phyllis Radke,
Director of Zoning Administration
Department of Planning, Building, Zoning, & Economic Development
9 Best, Best & Krieger, Legal Alerts, “New Federal Law Changes Local Zoning Rules for Wireless Antenna Sitings,”
February 23, 2012.
10 David M. Stupin, Ph.D., neurokinetics, “New Santa Fe County Code Allows Cell Towers with No Applications, No
Setbacks, No Laws Ruling Construction or Liability, and Against Federal Laws,” September 20, 2014, p.5.
11 For a complete document on Guidance on Interpretations of Section 6409(a) of the Middle Class Tax Relief and Job
Creation Act go to: https://apps.fcc.gov/edocs_public/attachmatch/DA-12-2047A1.pdf.
Stream Collaborative
Noah Demerest, AIA
123 S. Cayuga Street
Ithaca, NY 14850
Re: Interpretation of Section 325-29.9A (1) Concerning Fall Zones for Telecommunication
Towers.
Dear Mr. Demerest
On behalf of Todd Fox of Modern Living Rentals, you have requested an interpretation of Section 325-
29.9A (1) concerning fall zones for telecommunication towers. Your letter dated February 15, 2015
requires an "interpretation" regarding how close to the wireless tower your client can place habitable
structures or outdoor areas where people congregate. While you acknowledge that the Ordinance
prohibits habitable structures within a fall zone of two times the height of the tower, you have obtained
two Engineering reports that claim the existing tower at 815 South Aurora Street will actually fall a
distance equal to the tower height plus an additional 10-15 feet resulting from a debris field of antenna
arrays. In your letter, you also state the City’s fall zone requirement is “excessive and unnecessary”, and
that the fall zone should be reduced to your calculated tower height plus 10 feet (180 ft total). Your
stated reason for requesting an appeal of my interpretation is that the specified fall zone is "onerous and
not based on sound structural engineering principles."
However, Section 325-29.9A (1) plainly prohibits the placement of habitable structures or outdoor areas
where people congregate within a fall zone of two times the height of the tower, and does not allow the
use of any other method to calculate the size of the fall zone. Because you propose to place such
structures in the fall zone as defined by the Ordinance, your proposal does not comply with this provision.
Sincerely,
Phyllis Radke,
Director of Zoning Administration
From: Lisa Nicholas
Sent: Wednesday, June 03, 2015 3:24 PM
To: JoAnn Cornish
Subject: RE: BZA Appeal #2982
This is my opinion- don't know if you want to share it.
I have very mixed feelings about this. It seems a lot of staff time to accommodate just one developer
(who is pursuing a project despite very clear limitations of the site) and one smallish student housing
project.
We have been interested in amending the Telecom Ordinance for a long time - but for other reasons than
changing the fall zone. It has never risen to a priority. This is the only guyed tower in the city and
every year we get applications to add more equipment to it. With each new application we require
an engineering report for the increased load.
The level of staff time and expertise to undertake a change to the fall zone seems relatively high. We
don't know if the engineering study submitted by the appellant is valid - so we would either have to hire
a third party engineer or get an in-house review. If not sufficient we would have to undertake a new
study before changing the zoning - if the study concluded that reducing the fall zone was safe. It may
be more straightforward to amend the ordinance to include regulations for newer towers that are
engineered to collapse - and thus require much smaller fall zones. That way a developer wishing to
develop in the fall zone could negotiate with the owner of the existing tower to replace it with a newer
tower. In either case we would need staff who had the time to research all this or money to hire a
consultant.
Is this possibly something a law intern could work on?
Lisa Nicholas, AICP, Senior Planner
Planning Division
108 E Green Street
Ithaca, NY 14850
607-274-6557
“Infinite diversity in infinite combinations . . . symbolizing the elements that create truth and beauty.”
Mr. Spock (Star Trek character)
Cayuga Lake Watershed
INTERMUNICIPAL ORGANIZATION
Intermunicipal Cooperation promoting protection of the watershed
December 17, 2015
Dear Municipal Official,
As you may know, the Cayuga Lake Watershed Intermunicipal Organization (IO) is currently involved in
reviewing and updating the Cayuga Lake Watershed Restoration and Protection Plan (RPP), a comprehensive
watershed management plan created in 2001. As the title of the plan suggests, its principal goal is to
“maintain and improve the ecological health and beauty of the watershed, along with building and
maintaining a productive economy.” To this end, upon completion of the original RPP, over 30 watershed
municipalities entered into a memorandum of understanding to support these goals.
The IO, through the RPP, is committed to “exploring mutually beneficial ways of securing and sharing federal,
state and county‐agency funding” for projects submitted by municipalities that contribute to maintaining a
healthy watershed.
I’ve attached a Municipal Watershed Issues List and a Municipal Project Identification Form. Under the
original RPP, the IO assisted a number of municipalities in securing funding for infrastructure projects totaling
$323,400. A list of those projects is also attached.
As part of the RPP update, the IO will include a prioritized list of proposed projects submitted by member
municipalities. Projects recommended and prioritized by the IO that contribute to the restoration and
protection of the Cayuga Lake watershed and which are included in the plan, are likely to stand a better
chance of getting funded than those submitted by municipalities without IO support.
The IO is, therefore, requesting suggestions of appropriate projects from municipalities within the
watershed, to be included in the updated Restoration and Protection Plan. The Municipal Watershed Issues
List is to collect information regarding the priority watershed issues within your community. The Municipal
Project Identification form is for you to submit project ideas. To give you an idea of projects that would be
considered for funding, we recommend you take a look at Chapters 2 and 3 of the abridged version of the
RPP. The document is available at www.CayugaWatershed.org. Please review and complete these forms and
return them to me at the address provided below.
Feel free to contact me if you have any questions or need guidance. If I do not hear from you, a
representative from the IO will contact you to answer questions about the forms and to help walk you
through their completion.
Sincerely,
Tee‐Ann Hunter
IO Chair
CAYUGA LAKE WATERSHED INTERMUNICIPAL ORGANIZATION
Watershed Restoration and Protection Plan
Municipal Project Identification Form
Project County: ☐ Cayuga ☐ Cortland ☐ Ontario ☐ Schuyler ☐ Seneca ☐ Tompkins
Project Municipality: ___________________________________
Latitude/Longitude of project location: ___________________________________
Jurisdiction of land where project is located: ☐ Public ☐ Private ☐ Other (explain):
Project subwatershed (see map, other side of this sheet)
Is the project located directly on a surface water: ☐ Yes ☐ No
If yes, please name the surface water:
Major concern (check all that apply): ☐ Stormwater ☐ Agriculture ☐ Erosion
☐ Wastewater ☐Open Space, Access, Recreational Use ☐Other recreation ☐ Other (explain):
Narrative project description (100 words):
Estimated projected cost:
Potential funding source:
Involved parties in project implementation:
Timeframe: ☐ Short Term (1 – 2 yrs) ☐ Medium Term (3 – 5 yrs) ☐ Long Term: (6+ yrs)
Contact person (name, title, municipality, contact information such as email, phone number):
pg. 1
Cayuga Lake Watershed Intermunicipal Organization
Municipal Watershed Issues List
Please review the following watershed issues list with your municipal board. The
information you provide will be used to update the Cayuga Lake Watershed
Restoration and Protection Plan and to help your municipality develop and apply for
fundable water-quality protection projects.
Directions
You have a total of 15 points to assign to watershed issues of concern to your
municipality. Points can be assigned to weight the relative importance of the concerns.
For example, if you determine that both “Drinking water (including surface and
groundwater)” and “Tourism and other economic development” are concerns, but
drinking water is a greater concern relative to tourism, you might assign a 5 to
drinking water and a 2 to tourism.
Please use all 15 points.
Municipality: ___________________________________
Intermunicipal Organization Representative: _______________________________
Use Concerns
__ Access to the lake and tributaries
__ Aesthetics/scenic beauty/viewsheds
__ Lake water levels
__ Fisheries
__ Recreational uses (including swimming, boating, hunting, fishing)
__ Drinking water (including surface and groundwater)
__ Weed growth that inhibits use of the lake and streams
__ Odors
__ Algae blooms that inhibit use of the lake and streams
pg. 2
Environmental Threats
__ Development (including urban/rural sprawl, shoreline and streamside
development)
__ Loss of natural areas (including loss of open space, diminishing natural habitat)
__ Loss of streamside buffers
__ Sediment loading (including siltation and streambank/roadbank erosion
__ Excessive nutrients (from wastewater or fertilizer)
__ Pathogens and viruses (including coliform, giardia and cryptosporidia)
__ Landfills, dumps and hazardous spills and materials
__ Agricultural contamination (i.e. pesticides, fertilizer, manure spreading)
__ Industrial or Commercial contamination (including heavy metals, toxics, material
stockpiles, mines)
__ Municipal road maintenance (including ditching practices and road deicing)
__ Residential contamination (including pharmaceuticals, microplastics, household
hazardous waste)
__ Stormwater runoff
__ Invasive species (including plants, animals, aquatic and terrestrial)
__ Climate change
__ Flooding and storm damage
__ Development and spread of energy infrastructure (including pipelines, compressor
stations)
pg. 3
Management Issues
__ Tourism and other economic development
__ Comprehensive planning
__ Access to funding assistance for watershed protection and restoration
__ Adherence to and enforcement of State and Federal water-quality standards (for
swimming beaches, launch areas, residential areas, septic systems)
__ Municipal resources (including expertise and staffing to support watershed
projects)
__ Municipal infrastructure related to water (public sewer and water)
__ Watershed Education
Cayuga Lake Watershed Intermunicipal Organization
Restoration and Protection Plan Implementation Projects
Project Location Project Type Year Grant Funding (Total Cost)
Six Mile Creek,
Town of Caroline
Stream
restoration
2005 $132,200
($650,000+ funds from DEC, SWCD,
City of Ithaca, CCAP, Town of
Caroline, Triad Foundation)
Virgil Creek,
Town of Dryden
Stream
restoration
2005 $47,000
($500,000 funds from FEMA and
Town of Dryden)
Genoa/Lansing
Town Line Road,
Town of Genoa
Roadbank
stabilization
2005 $3,000
($22,000 labor and equipment from
Town of Genoa)
Wyers Point
Road, Town of
Ovid
Consulting on
roadbank
stabilization
2005 Engineer volunteered time to discuss
options
Salt Point, Town
of Lansing
Habitat
restoration
2007 $51,000
(total $102,000; $51,000 local match)
Watershed-wide Hydroseeding
work in four
counties
2009 $26,500
(total $53,000)
Interlaken Stormwater
retention
2009-2012 $34,000
(total $68,000; $34,000 in-kind match)
Watershed-wide RPP Update 2015-2016 $29,700
(total $58,400)
City of Ithaca
Planning & Economic Development Committee
Wednesday, January 13, 2016 – 6:00 p.m.
Common Council Chambers, City Hall, 108 East Green Street
Minutes
Committee Members Attending: Joseph (Seph) Murtagh, Chair; Graham Kerslick,
Ducson Nguyen, Cynthia Brock, and Josephine
Martell
Committee Members Absent: None
Other Elected Officials Attending: Mayor Svante Myrick and Alderperson George
McGonigal
Staff Attending: JoAnn Cornish, Director, Department of
Planning, Building, Zoning, and Economic
Development; Kathy Servoss, Public Works;
Jennifer Kusznir, Senior Planner; Nels Bohn,
Director, IURA; Ari Lavine, City Attorney; Debbie
Grunder, Executive Assistant
Others Attending: None
Chair Seph Murtagh called the meeting to order at 6:00 p.m.
1) Call to Order/Agenda Review
There were no changes made to the agenda.
2) Public Comment and Response from Committee Members
Martha Robertson, 1655 Ellis Hollow Road, Dryden. She serves on the county’s
economic development committee. She spoke regarding the CIITAP program, more
specific the child care incentive. There is a very large gap of affordable child care and
its availability.
Stacey Black, 329 East Cortland Street, Groton, served on the CIITAP review
committee. Let’s support local labor.
Sue Kittel, Vice Chair, Workforce Diversity Committee along with Eloise Barrett and
Schelley Michell-Nunn also on this committee. She spoke of the letter included in the
meeting packet. This committee would like to address the diversity issues the
community faces.
Sue Dale Hall, 217 Northview West, spoke of the child care CIITAP recommended
inclusion in the new CIITAPP application.
???? (no card completed) stated she is concerned about the cost of living in Ithaca
and how it is continuing to rise. She feels that the criteria of the CIITAP application
should have to be held to the different eligibility criteria based on the size of their
project.
Alderperson Brock thanked those who spoke.
3) Announcements, Updates, and Reports
The State of the City stated the inclusionary zoning which will come to this committee
in February.
JoAnn Cornish announced the MLK breakfast will be held on Saturday, January 16,
2016 at the Beverly J. Martin Gymnasium.
Alderperson Brock stated the information from Addisu Gebre regarding the Cascadilla
Creekway Project is currently tied to DOT funds, but if it isn’t, the City would have a
better way of doing this. The Board of Public Works is asking for input on selecting an
alternative to pursue related to the railing along the creek. Comments are due by
January 31, 2016.
4) Action Items (Voting to Send onto Council)
a) Changes to Commons Ordinance
Kathy Servoss, Executive Assistant, Superintendent of Public Works and chair of
the Commons Advisory Board provided the Committee with the proposed changes
to the Common Ordinance.
She thanked Cynthia Brock for her recommendations which she incorporated them
in the new draft. She discussed the four most important changes to the ordinance.
Moved by Alderperson Brock; seconded by Alderperson Kerslick. Passed
unanimously.
JoAnn Cornish asked for a clarification on page 5. Page 5 lists the permits allowed
and then later in the ordinance they are further explained. Questions regarding the
maintenance and snow removal being crossed out. Servoss stated that area was
crossed out since we are in the process of updating it.
Alderperson Kerslick asked where people would look for updates to this ordinance.
He made a friendly amendment with all the changes identified.
ORDINANCE NO. 2015-04
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 157
of the City of Ithaca Municipal Code entitled “Commons” be amended as follows:
Section 1. Chapter 157 of the City of Ithaca Municipal Code shall hereby be repealed and
replaced with the following:
Article I. General Provisions; Commons Advisory Board
§ 157-1. Title.
This chapter shall be known and may be cited as the "Ithaca Commons Rules."
§ 157-2. Purpose.
The purpose of this chapter is to regulate the use and maintenance of the Ithaca Commons so as
to promote the general welfare and public use of said area.
§ 157-3. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
COMMONS ADVISORY BOARD
That board, duly appointed by the Mayor, with approval of the Common Council, charged with
various activities and/or powers relating to the Ithaca Commons by the Common Council.
ITHACA COMMONS
A. The following described two areas:
(1) PRIMARY COMMONS — That area of public property between the south building lines on the
north side and the north building lines on the south side of the former bed and associated
sidewalks of East State/East Martin Luther King, Jr. Street between the east line of Cayuga Street
and the west line of Aurora Street and that area of public property between the west building lines
on the east side and the east building lines on the west side of the former bed and associated
sidewalks of North Tioga Street between the north line of East State Street/East Martin Luther
King, Jr. and the south line of Seneca Street.
(2) SECONDARY COMMONS — That area of public property between the south building lines on
the north side and the north building lines on the south side of the 100 and 200 blocks of East
Green Street, the 300 block of East State/East Martin Luther King, Jr. Street, the 100 block of
West State/West Martin Luther King, Jr. Street and the 100 and 200 blocks of East Seneca Street
and the public property between the east building lines on the west side and the west building
lines on the east side of the 100 and 200 blocks of North Aurora Street, the 100 block of South
Aurora Street, the 200 block of North Tioga Street, the 100 block of South Cayuga Street and the
100 block of North Cayuga Street.
B. Unless otherwise stated, "Ithaca Commons" or "Commons" shall mean both the Primary
Commons and the Secondary Commons as described above.
ITHACA DOWNTOWN BUSINESS IMPROVEMENT DISTRICT
A not-for-profit business improvement league which engages in the following program areas for
downtown Ithaca: business retention and development; promotions and marketing; government
relations; image marketing. The Ithaca Downtown Business Improvement District is also known
as the Downtown Ithaca Alliance (DIA).
NEWSRACKS
Any self-service or coin-operated box, container, storage unit or other dispenser installed, used, or
maintained for the display, distribution or sale of newspapers, magazines, news periodicals, or
other news publications.
SHOPPING CARTS
Any cart, basket, container or other device made of wire, metal, plastic or other material, mounted
on wheels, manually operated that is generally provided by merchants/stores for the conveyance
of merchandise, foodstuffs and other property to automobiles and other places.
STANDARD AWNING
A nonstructural addition to the facade of any building, which is covered in fabric or other flexible
membrane. The fabric or membrane is supported by a rigid frame of tubing or other
noncombustible material. A standard awning must be capable of being rolled up or retracted to
within one foot of the face of the structure to which it is attached. Such standard awning must not
be capable of projecting from the face of the structure upon which it is mounted more than four
feet from the face of the structure and must be no taller than four feet. The standard awning must
be mounted on the face of the structure to provide for an unobstructed clearance below the rigid
frame of the standard awning of seven feet above the sidewalk below. A non-rigid valance may
hang no greater than one foot below the rigid frame.
STANDARD CANOPY
A nonstructural addition to the facade of any building, which is covered in fabric or other flexible
membrane. The fabric or membrane is supported by a rigid frame of tubing or other
noncombustible material. A standard canopy is one that is constructed so that it cannot be
retracted. Such standard canopy may only project from the face of the structure upon which it is
mounted four feet from the face of the structure and may be no taller than four feet. The standard
canopy must be mounted on the face of the structure to provide for an unobstructed clearance
below the rigid frame of the standard canopy of eight feet above the sidewalk below. A non-rigid
valance may hang no greater than one foot below the rigid frame.
§ 157-4. Creation of Board; responsibilities.
A. There shall be a Commons Advisory Board as follows:
(1) Membership. The membership of the Commons Advisory Board shall consist of ten total
members including: one representative from the Common Council, and six members appointed by
the Mayor with the approval of Common Council. Membership shall be balanced between
members inside and outside of the Downtown Ithaca Business Improvement District. The
Executive Director of the Downtown Ithaca Alliance, the City Clerk, and the Superintendent of
Public Works or their designees shall serve as voting members. Board members will serve
staggered two-year terms.
(2) Officers. The Commons Advisory Board will have two officers: a Chair and Vice Chair, to be
elected at the first regular meeting of each calendar year at which there is a quorum present.
Nominations for these offices will be made from the floor with election by a majority of those
members present at the meeting.
(3) Officers' duties. The Chair will preside at meetings and have such other appropriate duties as
may be assigned by the Board. The Vice Chair shall assist the Chair and preside at meetings in
the Chair's absence. If both the Chair and Vice Chair are absent, an acting Chair will be selected
by the Board.
(4) Quorum. A quorum will consist of six members.
(5) Action. Action may be taken by vote with a quorum of six members present at a regular or
special meeting. The Chair will be a voting member on all actions. Actions shall pass by vote of a
majority of members present.
(6) Meetings. Regular public meetings will be held with the place and time to be determined by the
Board. Special meetings may be called at any time by the Chair or a majority of Board members.
Members will be notified of scheduled meetings through electronic notification at least three days
in advance.
(7) Review of Ithaca Commons rules. The provisions of this chapter will be reviewed periodically
and a report thereof, including recommendations for modification, submitted to the Mayor and
Council.
B. The Commons Advisory Board shall have the following responsibilities:
(1) Direct. The Commons Advisory Board shall have direct responsibility and the ability to delegate
and revoke activities relating to the matters listed below:
(a) Use of the Commons; issuance of permits.
[1] Use of the Commons for, and scheduling of, any of the following purposes:
[a] Entertainment.
[b] Cultural, social, civic, religious, and educational events.
[c] Commercial sale of goods or products, solicitation, outdoor dining and use of mobile vending
carts.
[2] In circumstances when there is not adequate time to convene the Advisory Board to review a
permit request, the Chair may, with the concurrence of five additional Board members through
electronic notification, authorize the issuance of a permit. The Board may authorize the Chair
alone, or the Superintendent, to approve certain types of permits as specified.
(b) Type, size and placement of private advertising and identification signs on the Commons in
accordance with Chapter 272, Signs, provided that such review and approval or disapproval shall
not be required when the private advertising and/or identification sign is in connection with a
marquee, canopy or sunscreen when the permission for the marquee, canopy or sunscreen has
been granted by the Planning and Development Board or the Ithaca Landmarks Preservation
Commission pursuant to
Chapter 170, Encroachments.
(c) Design and placement of public identification, informational and directional signs and graphics
on the Commons.
(d) Design and placement of, and materials used in, street furniture, such as benches, outside
dining facilities, trash containers, flags, kiosks, playground equipment, commemorative plaques,
and similar items used on public property on the Commons.
(e) Design, placement and use of decorations on the Commons.
(f) Installation or use of public or private sound amplification and transmission systems or
equipment on the Commons.
(g) Other duties and responsibilities as may be assigned by the Mayor or Common Council and to
make such other recommendations to the Mayor and Council and other public boards, officials,
groups, or individuals as may be appropriate relative to the operation and administration of the
Commons.
(2) Indirect. The Commons Advisory Board will review and advise on those matters listed below:
(a) Type, placement and amount of landscaping on the Commons.
(b) Public lighting on the Commons.
(c) Public and private construction, renovation and rehabilitation of building facades and open
spaces (parking areas, entries, etc.) except for the installation of a standard awning or a standard
canopy and demolition on the Commons. Review shall be in terms of aesthetic character, visual
effect and operational impact, provided that such review and advice shall not be required when the
construction, renovation and rehabilitation applies to a marquee, canopy or sunscreen where the
approval for such marquee, canopy or sunscreen has been granted by the Planning and
Development Board or the Ithaca Landmarks Preservation Commission pursuant to Chapter 170,
Encroachments.
(d) Public maintenance and repair on the Commons.
(e) Traffic movement, parking and delivery methods around the Primary and Secondary
Commons.
(f) General maintenance of order on the Commons.
(g) Placement, size, and type of public artwork, in any form, on and around the Primary and
Secondary Commons.
Article II. Use of the Commons
§ 157-5. Commons permits.
A. Permit classes. Commons use permits will be required for all events, activities, displays,
exhibits, commercial sales and other uses of the Commons. Such use permits will be issued in
accordance with the provisions of this section. General classes of permits that will be referred to
the Superintendent or the Commons Advisory Board include:
(1) Commons use permits, including pavilion reservations, event permits, information table
permits, and driving on the Primary Commons. For information on Commons loading zones, see
§157-9G.
(2) Use of amplified sound on the Commons including public address systems, bullhorns, sound
amplifiers, and loud-natured acoustical musical instruments, such as horns, drums, and other
percussion instruments.
(3) Animals. Licensed dogs are allowed on the Primary Commons by permit only, pursuant to
§157-12..
(4) External speaker permits for businesses on the Commons which utilize external sound
systems that project onto the Commons.
(5) Outdoor dining permits, including storefront dining permits for restaurants, and Commons
space permits for use by the Downtown Ithaca Alliance.
(6) Mobile vending agreements.
B. Permit issuance.
(1) All requests for permits must be submitted to the Superintendent of Public Work’s office. The
Superintendent, or his/her designee, may ask for additional information, and/or request a personal
appearance before the Commons Advisory Board to present the details of a permit application.
(2) Review of permit requests shall include scheduling of specific time, duration, and location of
the proposed use or activity. It may also include any special conditions or restrictions that should
be placed on the permit. Permits will be approved by the Superintendent or his/her designee for a
specific activity, specific date, specific time period, and specific location on the Commons.
(3) The Commons Advisory Board shall serve as an appeals board for people whose permit
applications have been denied or who feel that unreasonable restrictions have been placed upon
their permit.
(4) When a request is approved or conditionally approved by the Board, the issuance of a permit
will be authorized subject to any conditions which have been imposed by the Board or which may
be required by the City. Permits will be issued by the Superintendent or his/her designee. The
applicant will be notified of the Board's decision within five business days after a decision has
been rendered.
(5) Any permit which has been reviewed and approved by either the Superintendent, his/her
designee, or the Commons Advisory Board may be revoked or amended if it is determined that the
activity for which the permit was issued is not being carried out in a manner that meets the terms
of the permit.
(6) If a request for a permit is denied by the Board, the applicant will be informed of the reasons
therefore in writing within five business days of the decision.
(7) The Superintendent will be responsible for notifying appropriate City staff of permit issuance.
(8) A record of all Board actions will be maintained pursuant to applicable laws.
C. Report of permit activity. A report on requests for permits and approved activities scheduled will
be made at the regular meeting of the Commons Advisory Board.
§ 157-6. Responsibilities of permit holder.
A. The responsibilities of the permit holder shall be:
(1) To supervise all materials, displays, products, equipment, and volunteers.
(2) To entirely remove or properly dispose of all material and equipment used in any activity at the
end of the use time and to leave the Commons in the same or better condition than when the
event began. See also § 157-18A. Maintenance Guidelines
(3) To remove and properly dispose of all litter and trash created by the activity, use, or event.
(4) To hold the City of Ithaca free and clear of any responsibility for any materials, products or
equipment used in any activity or event on the Commons and for any damages, accidents or
incidents which may occur in conjunction therewith.
(5) To show proof, when required by the Superintendent, that liability insurance in an amount to be
determined based on the nature of the event has been obtained, naming the City of Ithaca as an
“Additional Insured” on the certificate.
(6) To comply with all of the applicable conditions and guidelines as set forth by the Commons
Advisory Board and the City of Ithaca.
(7) To provide a security deposit, when required by the Superintendent of Public Works, or the
Commons Advisory Board, to cover anticipated cleaning and repair costs.
(8) To show proof, when required, of various documents including a New York State sales tax
certificate or Tompkins County Health Department certificate.
B. A permit holder or vendor shall not discriminate against the people attending his or her event or
patronizing his or her business because of actual or perceived: age, creed, color, disability,
ethnicity, familial status, gender, height, immigration or citizenship status, marital status, national
origin, race, religion, sexual orientation, socioeconomic status, or weight.
§ 157-7. General Commons rules; signs, displays and temporary planters.
A. The following rules apply to all uses and activities on the Primary Commons:
(1) The fire lane is to be kept open and free of any obstructions at all times. No exhibit or item will
be permitted to locate in the fire lane.
(2) Permits for use will be valid for the assigned space between the hours of 8:00 a.m. and 10:00
p.m. In scheduling events and activities on the Commons, consideration will be given to the
people living and doing business on and around the Commons. Amplified sound is allowed on the
Commons by permit only, pursuant to §157-8.
These regulations do not pertain to Special Events that are regulated under §132-7 of the City of
Ithaca Municipal Code.
(3) Requests for multiple permitted events (3 or more) in a calendar year by a single user, requires
approval by the Commons Advisory Board. Requests for weekly recurring events will be
considered by the Commons Advisory Board for Mondays, Tuesdays, and Wednesdays.
(4) Rain dates will not be scheduled at the time the original permit is issued but in case of rain,
every effort will be made to reschedule the event at the earliest appropriate time upon written
request from the event organizer. Reapplication for a permit will not be required.
(5) Disrupting the natural flow of pedestrian traffic or the ingress to or egress from storefronts and
businesses is prohibited.
(6) No person shall litter, throw, or scatter material of any kind on the Commons.
(7) Sale of merchandise on the sidewalks or public thoroughfares on the Primary/Secondary
Commons shall not be permitted without a valid permit, except that the sale of event-specific items
and items related to, and being sold by, a not-for-profit organization, or a business located on the
Primary/Secondary Commons shall be allowed pursuant to approval and permit by the
Superintendent and/or Commons Advisory Board.
(8) Promotional, advertising, banners or other materials are not to be placed across the Commons
or affixed to any pavilion or other infrastructure, except in cases where a permit has been
approved.
(9) No person shall climb upon or permit minors in his/her custody to climb upon any structure, on
the Commons (other than a designated play structure). This includes, but is not limited public art
pieces, light poles, trees, fountain, or planters.
(10) No items or animals shall be leashed, affixed or bound to any light pole, tree, planter, pavilion
or other infrastructure on the Commons, except in cases where approval by the Superintendent of
Public Works has been granted.
(11) The Commons can be reserved for "Sidewalk Sale Days," at which time Commons merchants
would be allowed to display and sell merchandise on the Ithaca Commons.
(12) Aggressive solicitation is prohibited pursuant to Chapter 250-9 of the City of Ithaca Municipal
Code.
(13) Overnight sleeping on the Commons is prohibited except upon approval of a permit by the
Commons Advisory Board.
(14) Shopping Carts as defined in §157-3 above are not allowed on the Commons.
B. Signs; merchandise displays; temporary planters. A business, organization, or establishment
may have signs and/or displays, to advertise the business in that location. Outdoor display of
goods and merchandise are limited to the items sold within the retail establishment, subject to the
following restrictions or privileges:
(1) There may be a total of two freestanding signs or displays per business entrance, regardless of
the number of businesses or organizations within the building. Where the word "sign" is used
alone hereinafter, it refers to a sign or display.
(2) For the Primary Commons, freestanding signs may be up to 48 inches tall. Signs may not
extend beyond the building face or extend 7 feet from the building front. For the Secondary
Commons, signs may be up to 48 inches tall by 24 inches wide and must be placed by the curb of
the street in front of their building face, not blocking the opening of car doors or access to parking
meters/pay stations, or bike racks, and must allow at least 60 inches (five feet) for a pedestrian
right-of-way between the sign and the buildings.
(3) All signs must be made of durable material and be heavy enough to remain in place in all
weather and must present a professional appearance.
(4) Signs must be maintained in good condition, with no rust, peeling paint, peeling laminate or
broken sections. Outdoor signs and displays must not include any objects with sharp edges,
protrusions or other features which may be hazardous to the public.
(5) Merchandise displays may be 60 inches tall. Displays may not extend beyond the building
face or extend beyond 7 feet from the building front. The display base shall be of a size no greater
than 24 inches square and shall be made of a durable material and shall be heavy enough to
remain standing in all weather. Displays must be maintained in good condition. The owner of
signs or displays must keep the area around them clear of snow and debris on and around the
signs at all times. See also § 157-18A. Maintenance Guidelines
(6) Temporary planters for flowers and plant display shall abut the building and extend no more
than 24 inches into the pedestrian walkway or the fire lane, whichever is less. A planter must be at
least 24 inches tall at the lip of the planter. Planters may extend the length of the business.
Planters must be maintained in good condition, filled with plants or flowers, and must be kept free
of snow and debris in and around the planters. See also § 157-18A. Maintenance Guidelines
(7) No sign, merchandise display or planter may block or obstruct a fire suppression system
affixed to a building or impede traffic flow in or out of building entrances.
(8) Businesses with outdoor dining permits must keep their signs, merchandise displays and
planters within their designated outdoor dining area.
(9) All signs and merchandise displays must be taken in at the close of the business day and
during inclement weather conditions. See also §157-18A. Maintenance Guidelines
(10) The Downtown Ithaca Alliance shall be allowed to place signs at or near the Bernie Milton
Pavilion and the four entrances to the Commons (Aurora Street, Cayuga Street, Seneca Street
and Home Dairy Alley). These signs shall not impede pedestrian traffic or block fire lanes.
(11) Outdoor food sales are not permitted during Special Events on the Commons. Outdoor
dining establishments with an agreement with the City are exempt from this provision.
(12) The building owner shall be liable for any violations under this Section. The building owner is
responsible for following the requirements of the City of Ithaca Sign Ordinance (Chapter 272) in
determining the rights of building tenants to place signs, merchandise displays or planters on the
Commons. The building owner may not charge any fees for the use of a sign in public space.
§ 157-8. Amplified sound, lights and other electrical equipment.
A. Except by special permit issued by the Commons Advisory Board or its designee, no person
shall operate or cause to be operated on the Ithaca Commons any boom box, tape recorder, radio
or other device for electronic sound amplification in a loud, annoying or offensive manner such
that noise from the device interferes with conversation or with the comfort, repose, health or safety
of others. Refer to City of Ithaca Municipal Code Chapter 240 entitled “Noise” for further
information.
B. Except by special permit issued by the Commons Advisory Board or its designee, no person
shall operate or cause to be operated any boom box, stereo system, tape recorder, radio or other
device from on or inside any building on the Ithaca Commons, the sound from which is directed
outside towards the pedestrian area.
C. The provisions of Subsections A and B above shall not apply to emergency warning devices,
sirens, alarms or other devices being used solely for public safety purposes.
D. Amplified sound may be used between 11:00 a.m. to 2:00 p.m. Monday - Friday; and 5:00 p.m.
to 9:00 p.m. Sunday – Thursday. On Friday, amplified sound is allowed from 5:00 p.m. to 10:00
p.m. and on Saturday, amplified sound is allowed from 10:00 a.m. to 10:00 p.m. Approval of a
noise permit by the Commons Advisory Board or its designee is required. Sound levels are subject
to immediate volume reduction upon request by any City official, staff member of the Downtown
Ithaca Alliance, or member of the Commons Advisory Board.
E. The use of supplemental lighting, movie and slide projectors and any other type of electrical
equipment or display will be carefully reviewed by the Superintendent, City Electrician, and the
Commons Advisory Board so as to minimize nuisance or hazard conditions.
§ 157-9. Vehicles on the Commons.
A. Only service and business delivery vehicles are allowed on the Primary Commons between the
hours of 6:00 am and 9:00 a.m. each day of the week except on days when major festivals are
planned. A valid pay and display ticket shall be visible on the dash of each vehicle. All vehicles
shall enter the Primary Commons on the West end (Cayuga Street) and exit on the East end
(Aurora Street). All vehicles shall remain on the edge of the Fire Lane. Businesses with rear
access should continue to use that space for deliveries and service work. Vehicles may not be
unattended for more than 5 minutes. No parking of vehicles is allowed. Any vehicles remaining
on the Primary Commons after 9:00 a.m. shall be subject to towing at the owner’s expense.
Requests to drive a vehicle on the Primary Commons during other hours, vehicles with a gross
weight over 10,000 pounds, and vehicles with trailers, require additional consideration and a
permit issued by the Superintendent. Permits will only be issued for a two hour time period.
B. No vehicle shall operate at a speed greater than five miles per hour. The use of a flagger and/or
hazard flashing lights is required for any permit granted by the Superintendent.
C. If it is necessary for vehicles to operate in reverse gear while on the Primary Commons, a
flagger is required. This provision shall not apply to emergency vehicles when operating during an
emergency situation.
D. Any vehicle which must remain on the Primary Commons as an integral part of a display or
exhibit or if extended service is necessary must be able to be moved immediately.
E. Municipal and utility vehicles will be permitted on the Primary Commons for the minimum time
necessary to complete their task. Notification of such shall be made to the Superintendent’s office
prior to beginning the work.
F. Precautionary measures must be taken to prevent dripping of oil, transmission fluid and other
fluids on the concrete when a vehicle is stopped. In the event that drippings of oil or other fluids
occur, the set guidelines for removal of stains on concrete pavers established by the Department
of Public Works must be followed. See also §157-18A. Maintenance Guidelines
G. Ithaca Commons loading zones. Use of the loading zones at the entrances to the Primary
Commons is strictly reserved for vehicles making deliveries or loading and unloading passengers.
No other use of the loading zones shall be made without the express written permission of the
Chief of the Police Department.
§ 157-10. Bicycles and other wheeled devices.
A. Riding of bicycles, roller skates, skateboards and similar wheeled devices is prohibited on the
Primary Commons. Standing or sitting astride a bicycle with one leg on either side of the bicycle is
also prohibited. Wheelchairs, baby strollers and similar devices intended for the convenience and
comfort of infants or people with disabling conditions are permitted on the Commons. Nothing
herein shall prohibit a pedestrian from walking a bicycle on the Primary Commons or having a
bicycle or skateboard in the pedestrian's possession while on the Primary Commons.
B. No person shall park any bicycle against windows, trees, light poles, planters or other
infrastructure in any such manner as to constitute a hazard to pedestrians, traffic or property.
Bicycle racks are provided at different locations on the Commons for the storage of bicycles on a
short-term and/or daily basis only.
C. Bicycles may be impounded for the following reasons:
(1) There is reasonable cause to believe the bicycle has been stolen;
(2) There is reasonable cause to believe the bicycle has been used in the commission of a crime;
(3) The bicycle has been parked in violation of Subsection B above, and the owner or person
authorized to possess the bicycle has refused to remove it or has not been identified after a
reasonable inquiry; or
(4) The bicycle has been abandoned. Before a bicycle may be considered abandoned, it must
remain unmoved for at least 24 hours after a notice has been affixed to the bicycle by the Ithaca
Police Department warning that it may be impounded unless moved within 24 hours.
D. A violation of this section shall be punishable by a fine of not more than $50. A second violation
within three years is punishable by a fine of not more than $150 or a conditional discharge
requiring not more than 40 hours of community service and not less than $50 or a conditional
discharge requiring not less than 15 hours of community service. A third violation within three
years is punishable by a fine of not more than $250 or a conditional discharge requiring not more
than 60 hours of community service and not less than $100 or a conditional discharge requiring
not less than 25 hours of community service.
§ 157-11. Alcoholic beverages.
No alcoholic beverages may be sold or consumed on the Commons except by special permit
approved by the Common Council for a specific date, location and duration. Liquor and general
liability insurance may be required in an amount to be determined based upon the nature of the
event; but, in no case, shall it be less than $1,000,000.00. Insurance certificates must name the
City of Ithaca as an “Additional Insured” for the duration of the event.
§ 157-12. Dogs and Other Animals.
A. No animals are allowed on the Primary Commons except by special permit. This provision does
not apply to Service animals providing assistance to people with special needs and police working
dogs.
B. Owners or tenants of residential or commercial premises on the Primary Commons, whose only
access to their premises is from the Primary Commons, may apply to the Superintendent for a
special permit. Such permit shall be conditional upon compliance with all City laws and ordinances
pertaining to animals, and as outlined above in §157-5(3).
C. A permit shall allow tenants and owners of premises on the Primary Commons, or the
customers of businesses that require the presence of animals to perform the function of the
business, to transport their animals to and from their premises in the shortest and most direct
route possible. Animals shall be leashed or transported in carriers.
D. The permit shall not be transferable and is revocable at any time should the permit holder fail to
comply fully with the terms of the permit. The permit shall be valid for the duration of the owner's
lease or ownership of premises on the Commons or for a period of one year, whichever is shorter.
The permit shall be renewable annually upon application to the Superintendent. The permit fee
shall be set by the Commons Advisory Board. No more than two permits shall be issued for each
residential or commercial unit. In the case of a business that requires the presence of animals to
perform the function of the business, one permit shall cover the business and all of its customers.
In addition, a valid New York State dog license is required, and must be presented at the time of
application for the permit.
E. The Commons Advisory Board shall review each application for a business permit and shall
grant such permit upon the following conditions:
(1) That animals shall be limited to an area between the premises and the closest of the four
primary Commons entrances (Home Dairy Alley, Aurora Street, Seneca Street or Cayuga Street);
(2) That the permit shall be for the movement of animals to and from the business and shall not
allow for the loitering of animals in the permitted area;
(3) That the dog owners or other persons responsible for the dog are responsible for promptly
removing any animal waste pursuant to §164-9 of the City of Ithaca Municipal Code which is not
preempted by this section; and
(4) That the permittee, should the dog owner fail to fulfill this responsibility, shall be responsible for
the cleaning of any animal urine or feces that is deposited in the permit area.
§157-13. Posting of bills and notices.
A. Posting of bills or notices or the attachment of any unauthorized devices to any public
structures of the Commons is prohibited.
§157-14. Newsracks.
The Downtown Ithaca Alliance shall administer the placement of newsracks on the Commons.
Requests to use the newsracks will be considered in accordance with the policy approved by the
Commons Advisory Board.
§157-15. Refuse.
Commons businesses and residents will be allowed 24/7 access to a secure disposal facility.
Private trash and recycling will not be collected on the Primary Commons.
Only authorized users with key access will be permitted to use the disposal facility. Users will need
to place trash in authorized bags. In the event that the transport of trash results in drippings or
leaking fluids on the Commons, the guidelines for cleaning stains established by the Department
of Public Works must be followed. See also §157-18A. Maintenance Guidelines.
Fines will be imposed for users who abandon unaccepted items or who dispose of trash without
using an authorized bag.
§157-16. Storage.
No storage of items, material or stock, etc., will be allowed anywhere on the Commons, except by
permit issued by the Superintendent of Public Works.
§157-17. Property damage.
Unauthorized cutting, mutilating, removing or taking away of any trees, shrubs or flowers or the
defacing or damaging of property is prohibited unless expressly authorized by the Superintendent
of Public Works.
§157-18. Cleaning and repairing.
A. All users involved with activities on the Commons shall be responsible for cleaning and
repairing to assure that the Commons will be returned to its prior condition previous to its use.
Failure to comply with this provision shall result in the City's taking necessary action to clean
and repair the Commons and to restore it to its prior condition. In such case, the City shall bill
the user for the cost of such repairing or cleaning, both on the Commons and on the
surrounding business improvement district. It is expected that the same level of maintenance
will be extended to the entire business improvement district as prevails for the Commons. This
provision shall not relieve the City from performing normal, routine cleaning and maintenance
activities.
B. Maintenance and Snow Removal Guidelines
(1) Guidelines will be developed by the Department of Public Works in accordance with best
practices, with approval from Board of Public Works, and will be updated as needed.
§157-19. Fees.
Permit and use fees will be established by the Commons Advisory Board in consultation with the
Board of Public Works. Fees may be waived or reduced by the Commons Advisory Board if
deemed in the best interest of the community. All fees shall be paid at the time the permit is
issued.
§157-20. Street Performers
Street performers and acoustical musicians may perform on the Commons between 10:00 a.m.
and 9:00 p.m. Sunday through Thursday; and 10:00 a.m. and 10:00 p.m. on Friday and Saturday.
All street performers shall locate along the edge of the fire lane and must remain mobile at all
times in case emergency vehicles require access to the area. Performance equipment and
materials may not be left unattended. Street performers must move to a different location every 45
minutes. The Commons Advisory Board reserves the right to designate specific areas for street
performers.
The use of amplified sound or fire during a performance is only allowed by permit from the
Commons Advisory Board. Loud natured acoustical instruments such as horns, drums and other
percussion instruments require a noise permit from the Commons Advisory Board. Performers are
responsible for monitoring and controlling the volume of sound they make and must reduce the
volume upon the request of the Ithaca Police Department, City staff, Downtown Ithaca Alliance
staff, or a member of the Commons Advisory Board.
Performers may accept voluntary donations but shall not base their performance upon payment or
aggressively solicit contributions.
Performers must not be under the influence of alcoholic beverages or controlled substances while
performing. Ithaca Police Officers may require performers to relocate or leave the Commons area
if they are creating a disturbance that negatively impacts the businesses or residents in the area.
At the conclusion of a performance, the performer is responsible for removing any debris, trash, or
litter associated with the performance or audience.
Article III. Outdoor Dining
§157-21. Applications; rules of operation; permits; appeals.
A. The Superintendent or his/her designee shall review and consider outdoor dining applications
for food establishments on the Primary and Secondary Commons. No establishment shall be
permitted to use City property for outdoor dining purposes without an approved permit in place.
Applications shall include the following documentation:
(1) Certificate of general liability insurance in an amount to be determined based upon the nature
of the event, but in no case shall it be less than $1,000,000.00; it must also name the City of
Ithaca as an “Additional Insured”.
(2) Proof of worker's compensation insurance.
(3) If alcohol is to be served, additional liquor liability insurance is required in an amount to be
determined, but in no case shall it be less than $1,000,000.00. It must name the City of Ithaca as
an “Additional Insured”.
(4) Sketch of area, with dimensions. Show storefront, curb, dining area and other important items
(e.g., trees, fire hydrants, etc.).
(5) A use fee shall be submitted with the completed outdoor dining application and required
paperwork.
B. Rules of operation.
(1) The dining area shall be adjacent to the business holding the agreement. On the Primary
Commons, the area may not extend out from the building more than 7 feet. The dining area shall
not impede pedestrian traffic flow, and shall not extend beyond the agreement holder's storefront
on the Commons.
(2) The dining area shall be physically defined. Establishments serving alcohol require approval
from Common Council through the City Clerk’s office.
(3) The business owner shall be completely responsible for all aspects of the area, including
cleanliness, trash, and stain removal.
(4) The outdoor dining season shall be from April 1 to March 31. Outdoor dining furniture may not
impede the City's efforts to remove debris, or snow and ice accumulations from the Commons.
(5) Outdoor dining applications must be submitted and approved annually.
(6) Furniture and fixtures, signs, and means used to define the dining area, will be allowed only
during the approved dining hours and within the sidewalk markings provided by the City.
Permittees shall be held responsible for the actions of their staff and customers.
(7) The area used is subject to periodic review by City staff.
(8) Any permittee who violates §157-21 B (6) regarding the placement of outdoor dining furniture
and fixtures shall receive a written warning for the first violation. The permittee shall be liable for a
civil penalty of $250 for the second violation in a twelve-month period, $500 for the third violation
in a twelve-month period, and $1,000 for the fourth and subsequent violations in a twelve-month
period. In lieu of a $1,000 fine, the permittee may agree to a temporary permit revocation of
seven consecutive days within the month the violation is served.
(9) The City reserves the right to require a security deposit if the site is not maintained free of
trash, litter, grease and stains. The business owner is responsible for removal of stains or
drippings in accordance with the guidelines for stain removal established by the Department of
Public Works. See also §157-18A. Maintenance Guidelines
(10) The City may terminate this agreement at any time without cause, in which case the applicant
shall be reimbursed for the period of time which would be remaining on the agreement if the
agreement were not terminated before expiration.
(11) The City may terminate this agreement for the following causes, including but not limited to:
(a) Violation of the guidelines and requirements listed above.
(b) Fraud, misrepresentation or false statements in the agreement application.
(c) Violation of any ordinances, regulations or laws applicable to the holder of such agreement.
(12) If the agreement is terminated for cause, the agreement period shall end immediately, and no
refunds will be issued. Notice of proposed suspension or revocation of an agreement for outdoor
dining shall be given in writing, setting forth specifically the grounds of the complaint. The
applicant shall have a right to a hearing in front of the Commons Advisory Board on the proposed
revocation or suspension.
(13) The Commons Advisory Board shall have the right to terminate or re-instate the agreement.
Such decision shall become effective immediately.
(14) Any applicant whose agreement is revoked under this regulation may not reapply for another
agreement until the expiration of one year from the date of revocation.
(15) The applicant shall not discriminate against any employee, applicant for employment,
subcontractor, supplier of materials or services, or program participant because of actual or
perceived: age, creed, color, disability, ethnicity, familial status, gender, height, immigration or
citizenship status, marital status, national origin, race, religion, sexual orientation, socioeconomic
status, or weight.
C. The Department of Public Works shall be authorized to issue permits to the Downtown Ithaca
Alliance for placement of tables and chairs for dining and leisure purposes on the Primary and
Secondary Commons during the warm weather season.
D. Appeals for denied agreements. Any person or group that has been denied an agreement for
outdoor dining on the Ithaca Commons may appeal such decision to the Commons Advisory
Board. Such appeal shall be submitted in writing to the Superintendent's office within 10 days from
the date of denial. The Commons Advisory Board may act to sustain the original decision or to
revise it, with or without conditions.
Article IV. Mobile Vending
§157-22 Mobile Vending Cart Regulations:
A. Types of vendors on the Commons:
(1) Food/beverage (non-alcohol only)/merchandise. Vendors selling food/beverages need to
check with the Tompkins County Health Department regarding their regulations.
(2) Non-food/merchandise for sale/services.
(3) See §157-28. Exceptions
B. Definition of Mobile Vending: selling food/beverage/merchandise/services from a wheeled
carrier that can move easily without the use of a vehicle or power source. Carts must be battery-
operated and completely self-contained as the City does not provide water or electric to the
vendors. The use of generators is prohibited.
C. Cart Construction Requirements: Vending carts are required and must be constructed in a
professional manner and using methods and techniques associated with good craftsmanship.
(1) Awnings, canopies, or umbrellas. Lowest edge six and one-half feet from the ground; flame
resistant or fire retardant canvas or simulated canvas with a peaked roof that may extend 18
inches beyond the side of the cart. Canopies and awnings must be fastened to all corners.
Umbrellas must be “windproof” using a standard metal umbrella holder with a locking devise
permanently attached to the cart.
(2) Box carts: carts that are shaped like a square or rectangular box, having a permanent roof,
four permanent sides and limited see-through ability- are not permitted.
(3) Coolers (for food/beverage vendors only): Maximum of two coolers per cart vendor. Both
coolers are required to be stored on the same dolly. Each food vendor is required to have one
dolly. Coolers must be pressed up against cart or no more than 6” away from cart. All coolers
must be kept in a clean and sanitary condition free of dirt, grime, grease.
(4) Display Cases: Must be sturdy, in good repair, and attached to the cart (preferred). If not
attached, they must be heavy enough to withstand considerable winds or other natural elements.
(5) Fixtures: Good quality hinges, clasps, and other hardware must be secured firmly to the cart.
(6) Height: Maximum of eight feet (from pavement to highest point of the cart).
(7) Lighting: Lighting can be used for preparing and serving food and illuminating a menu.
Decorative lighting is not permitted unless approved by the Commons Advisory Board. Lighting
not approved by the Commons Advisory Board must be removed immediately.
(8) Making carts stationary: Mobile carts must be stationary in their locations. Locking wheels are
preferred. Wheel chocks may be used.
(9) Mats: Required for food/beverage vendors only. Clean solid, fire retardant tarp, minimum 12
square feet, in front of each food cart to capture spilled food/beverage and waste. No exception.
Staff may require additional mats as needed (under grill area for example). Mats should be rolled
up, removed from the Commons, and cleaned before reuse. Vendor is responsible for removal of
any drippings or stains that occur at their location. Vendors must use the guidelines for stain
removal established by the Department of Public Works. See also §157-18A. Maintenance
Guidelines
(10) Maximum Cart Size: No larger than 32 square feet and of reasonable proportions.
(11) One structure only: Cannot use more than one structure per vendor location.
(12) See-through ability: Must be able to see through at least two sides of the cart at all times.
(13) Signage: Product brand names, related to products being sold, are permitted on umbrellas.
All signs are subject to rules as outlined in City of Ithaca Municipal Code Chapter 272 entitled
“Signs”.
(14) Tables: No free-standing tables. Built in, folding-down tables attached to the actual vendor
cart are acceptable, provided they have been approved by the Commons Advisory Board.
(15) Trash/Recycling receptacles: Each vendor must have a trash container with a lid and trash
bags must always be used. Vendor must also have a recycling container. The vendor must follow
the strict “carry in/carry out” policy of the City of Ithaca. Vendors may not use Commons trash
receptacles. Vendor may use the secure trash facility used by Commons businesses through the
purchase of an access key and authorized trash bags.
(16) Wheels: Minimum six inch diameter. Two large wheels and one small wheel are acceptable.
(17) Shopping carts are not allowed as part of the mobile vending space.
§157-23. Mobile Vending Locations.
The Commons Advisory Board is authorized to determine appropriate locations where vending
shall take place. The Superintendent's office shall maintain and make available to the public a
map of approved vending locations.
§157-24. Hours of operation.
Operating hours for mobile vending carts are between 10:00 a.m. and 10:00 p.m. Carts must be
removed from the Primary Commons between the hours of 10:00 p.m. and 9:00 a.m. Vendors who
wish to operate outside regular hours must obtain permission from the Commons Advisory Board.
§157-25. Agreements.
A. The Superintendent may issue agreements for mobile vending on the Primary Commons
pursuant to the Mobile Vending Map, which is approved by the Commons Advisory Board
annually. The Superintendent may refuse to issue an agreement:
(1) If there are no eligible vending sites available.
(2) To any applicant who fails to satisfy the application requirements.
(3) To any applicant who violated the terms of a mobile vending agreement the previous vending
season.
B. Application requirements.
(1) Completed applications for vending agreements with corresponding fees shall be received and
considered by the Superintendent or his/her designee. Fees include, but may not be limited to
application fee, security deposit, and use fee. The fees have been established in accordance with
Chapter 170 of the City of Ithaca Municipal Code entitled “Use of Real City Property”
(2) A description of the type of merchandise, service, food or beverage menu to be offered for
sale.
(3) Price list of each item being sold.
(4) A description and photograph of the cart to be used.
(5) Proof that the applicant has complied with the established regulations of the Tompkins County
Health Department, Ithaca Fire Department and other appropriate state, federal and local laws
and regulations applicable to the vending business.
(6) A certificate of liability insurance in an amount to be determined but in no case shall it be less
than $1,000,000.00. It must also name the City of Ithaca as an “Additional Insured”.
(7) Proof of New York State Worker's Compensation and Disability insurance; or New York State
Worker's Compensation and Disability exemption certificate completed.
(8) Applicant shall demonstrate that they have a New York State sales tax certificate at all times
while they are vending.
(9) A written description of waste disposal plans for trash, water, grease, and other materials.
(10) Proof of 501(C)(3) designation, if applicable.
(11) The Superintendent may require additional information from the applicant if deemed
necessary.
(12) Whenever a name or address provided by the vendor on his or her agreement or application
changes, he or she shall notify the Superintendent within 10 days of the change.
C. Mobile vending agreements. Upon receipt of a completed application and appropriate fees, the
Superintendent will prepare a mobile vending agreement between the vendor and the City of
Ithaca. The Superintendent’s office will maintain the original agreement on file in their office.
D. Security deposit. A refundable security deposit is required for all vendors. All sites are subject
to periodic review, and the deposit will be refunded upon final site inspection by the Department of
Public Works at the end of the agreement period. Vendors must comply with guidelines for stain
removal established by the Department of Public Works. See also §157-18A. Maintenance
Guidelines. If grease or other stains are found at the vending site, the Department of Public
Works shall make arrangements with the vendor for clean up within a specified time period. If the
site is not cleaned up within that time period, the Department of Public Works will clean the site
and will subtract the fee from the security deposit. If additional costs are incurred, the vendor will
be billed accordingly.
E. All fees are nonrefundable.
F. Requested site location. Sites are listed on the Commons Amenities Map obtained from the
office of the Superintendent of Public Works. Site preference consideration will first be given to
returning vendors, and then on a first-come basis. If two returning vendors request the same site,
the site will be awarded on a first-come, first-serve basis.
§157-26. Vendor responsibility.
A. Vendors receiving agreements shall:
(1) Comply with all laws, ordinances and regulations applicable to their business.
(2) Refrain from operating carts after agreements expire and when the agreements are suspended
or revoked.
(3) Surrender their agreements promptly upon their revocation or suspension.
(4) Defend, indemnify, save and hold harmless the City of Ithaca from any and all acts of
negligence arising from the vendor's use of the Commons and shall be so duly insured.
B. The vendor will not discriminate against any employee, applicant for employment,
subcontractor, supplier of materials or services, or program participant because of actual or
perceived: age, creed, color, disability, ethnicity, familial status, gender, height, immigration or
citizenship status, marital status, national origin, race, religion, sexual orientation, socioeconomic
status, or weight.
§157-27. Rules of operation.
The following are the mobile vending rules of operation:
A. Vending sites are 10 feet by 10 feet in size, and vendors are required to keep all of their
equipment within their assigned site.
B. Vendors shall not block or inhibit pedestrian traffic or allow emergency vehicular traffic to be
impeded because of vending operations.
C. Vending hours are from 10:00 a.m. to 10:00 p.m. unless special permission is granted by the
Commons Advisory Board.
D. Vending carts must be attended at all times.
E. All carts and equipment must be removed from the vending site at the close of business each
day.
F. All vendors must maintain the submitted list of items for sale and prices throughout the
agreement period unless special permission is granted by the Superintendent or the Commons
Advisory Board.
G. Smoke and/or odors produced by the cooking of foods on a mobile vending cart must be
vented, filtered or disposed of in a comparable manner so as to reasonably prevent the release of
odor or particulate matter into the surrounding environment.
H. Vendors are responsible for trash and waste disposal. Vendors shall provide a container for
trash and litter, and be responsible for the appropriate removal and disposal thereof. No dumping
is allowed in City trash cans, grates, storm sewers, or other areas.
I. Vendors shall keep public spaces within a ten-foot radius of their cart clean and free from paper,
peelings, oil and grease spills and refuse of any kind generated from the operation of their cart. If
spills do occur, the vendor is responsible for using the guidelines for proper removal of stains
established by the Department of Public Works. See also §157-18A. Maintenance Guidelines
J. No music, amplified sound, or repetitive noise that can be heard outside of the vending site may
be played by the vendor.
K. If a vending site remains vacant for three consecutive weeks without notification to the
Superintendent's office, it will be considered abandoned and re-assigned, with no refunds issued.
L. The City reserves the right to move vendors for necessary maintenance and repairs on the
Commons.
M. The City does not provide water or electric service to mobile vendors.
N. All vendors shall cooperate with staff members of City of Ithaca and the Downtown Ithaca
Alliance.
§157-28. Suspension or revocation of agreement.
A. The City may terminate a mobile vending agreement at any time without cause, in which case
the vendor shall be reimbursed for the period of time that would be remaining on the agreement if
the agreement were not terminated before expiration.
B. If the agreement is terminated for cause, the agreement period shall end immediately, and no
refunds will be issued. Notice of proposed suspension or revocation of an agreement for mobile
vending shall be given in writing, setting forth specifically the grounds of the complaint. The vendor
shall have a right to a hearing on the proposed revocation or suspension before the Commons
Advisory Board no sooner than ten (10) days after requesting such a hearing, in writing. Grounds
for termination include, but are not limited to:
(1) Violation of the rules of operation.
(2) Fraud, misrepresentation or false statements on the application.
(3) Fraud, misrepresentation or false statements made in connection with the selling of
merchandise.
(4) Violation of any ordinances, regulations or laws applicable to the holder of such an agreement.
(5) Conduct of the business permitted in an unlawful manner or in such a way as to constitute a
menace to the health and safety of the public.
C. The Commons Advisory Board shall have the right to terminate or reinstate the agreement.
Such decision shall become effective immediately.
D. Any applicant whose agreement is revoked under this regulation may not reapply for another
agreement until the expiration of one year from the date of revocation.
§157-29. Ithaca Festival and other events.
Notwithstanding the above, permits to sell on the Commons or to operate mobile vending carts
granted pursuant to this chapter shall include days on which it is expected that the Ithaca Festival
or other events sponsored by the Downtown Ithaca Alliance will take place on the Commons. A
listing of these events and dates shall be maintained by the City. The vendor will be required to
make application to the event coordinator and pay any additional fees as required. Vendors may
be relocated from their assigned spot during the event, at the discretion of the event coordinator.
Vendors must follow the rules of each event. Vendors interested in vending during special events
should contact the Downtown Ithaca Alliance, Ithaca Festival offices, or other event coordinator for
information regarding vending requirements for those special events.
§157-30. Exceptions.
Persons holding a license issued by the Tompkins County Clerk to vend under the status of a
United States Armed Forces Veteran pursuant to §32 of the General Business Law, to the extent
legally permitted, shall be required to abide by all regulations except those concerning fees.
§157-31. Appeals for denied agreements.
Any person or group that has been denied an agreement to vend on the Commons may appeal
such decision to the Commons Advisory Board. Such appeal shall be submitted in writing to the
Superintendent's office within ten (10) days from the date of denial. The Commons Advisory Board
may act to sustain the original decision or to revise it, with or without conditions.
Article V. Exceptions; Penalties
§ 157-32. Limited waivers and exceptions.
The Commons Advisory Board is authorized to grant limited waivers and exceptions to the
provisions of this chapter, as appropriate and for temporary periods not to exceed one week in
duration. Such waivers and exceptions shall be subject to any appropriate review by the
Superintendent of Public Works or his/her designee, the Fire Department or the Police
Department.
§157-33. Applicability of other ordinances.
Except as otherwise provided in this chapter, all existing ordinances of the City of Ithaca shall
apply to the Ithaca Commons.
§157-34. Penalties for offenses.
Except as otherwise provided, any violation of the provisions of this law shall be punishable as a
civil offense in accordance with §1-1, of the City of Ithaca Municipal Code.
Section 2. Severability. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that
decision shall not affect the validity of the remaining portions of this ordinance.
Section 3. Effective date. This ordinance shall take effect immediately and in accordance with
law upon publication of notices as provided in the Ithaca City Charter.
b) Changes to Exterior Property Maintenance Ordinance
If you’ve signed up for the email notification service, you will receive a notice of the
violation. You get a 24 hour time frame to correct it. Mike Niechwiadowicz was
asked whether different types of violations receive another 24 hour notice. He
would like to see it for each type of violation, not the violation. The cumulative
violations will be tracked separately. It was the agreement of the committee the
violations will be handled by type of violation.
Alderperson Brock moved the ordinance with the suggested amendments she read
for the group; seconded by Alderperson Nguyen. She also included a second
whereas and corrected the word ‘sight’ to ‘site’ under amendments to Section 178-
3.
It was also suggested that the garbage can lid violation be reduced from $20 to
$10.
Moved by Alderperson Kerslick; seconded by Alderperson Brock. Passed
unanimously.
ORDINANCE __-2016
An Ordinance Revising Chapter 178 of the City of Ithaca Municipal Code
WHEREAS, Chapter 178 of the City of Ithaca Municipal Code establishes Exterior Property Maintenance
requirements for properties throughout the City, and;
WHEREAS, the City of Ithaca recognizes and affirms that clear and accessible sidewalks are a
priority for the City as a matter of protecting our citizen’s civil rights to effectively use the sidewalk
and pedestrian infrastructure within the City, and;
WHEREAS, the Common Council desires to adjust the schedule of civil penalties applicable to violations of
this chapter, along with certain time periods by which some violations are defined, and;
WHEREAS, the Rental Housing Advisory Commission has proposed recommendations to Common Council
to lower the civil penalties and address the issue of lids missing from garbage containers; now therefore
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. Findings of Fact. The Common Council finds that the public will be better served by a lower
schedule of civil penalties applicable to violations of this chapter, including taking account of the minor
nature of violations comprised only of lids missing from garbage containers.
Section 2. Amendments to Section 178-3.
Paragraphs A and B of Section 178-3 shall be amended as follows:
A. All grounds on the exterior of the premise are kept free from solid waste and any litter that has
been cast, blown, thrown, put, placed, or accidentally dropped on the grounds, bushes, or in trees,
and allowed to remain on the grounds, bushes, or in trees for 4824 hours, is removed.
B. All garbage, when stored outside, is completely contained in nonabsorbent, watertight, durable
containers having a tight-fitting lid in place. Plastic bags are not considered durable containers.
Strong, waterproof plastic bags may be used to place garbage at the curbside on the evening
before scheduled collections or may be taken to an approved refuse disposal sight site. Garbage
containers, whether they contain garbage or not, shall have a tight-fitting lid in place at all times.
Tight-fitting lids shall be placed back on all garbage containers as soon as possible after garbage
collection and, in any event, on the same day as collection. Any garbage remaining after scheduled
pickup must be removed from curbside as soon as possible after garbage collection and, in any
event, on the same day as collection. Garbage containers shall not be stored in front yards or any
other yards that have frontage on a public street unless all yards on the property have frontage on
public streets. Prohibited storage areas include the area between the sidewalk and curb.
Composting materials, so long as they are maintained as defined by this section, shall not be
considered garbage. It is presumed that the contents of any garbage bag or plastic bag or garbage
can is garbage. For purposes of this paragraph, “stored” shall mean located outdoors in a
general vicinity for at least 24 hours.
Section 3. Amendments to Section 178-10.
Subparagraphs A(1) and A(2) of Section 178-10 shall be amended as follows:
A(1). Any property owner and/or agent who violates any provision of this
chapter or of § 325-29.3, except those provisions specified in Subsection A (2) below, shall be liable
for a civil penalty of $10 for the first violation at a property within a six-month period, $50 for a
second violation at the same property within a six-month period, $200 for a third violation at the
same property within a six-month period, and $100$300 for a third fourth or subsequent violation at
the same property within a six-month period. For any fine not paid within six months of the date of
the offense, there shall be a late penalty in the amount of 20% of the fine added to the amount due,
such late penalty waivable for good cause shown.
A(2). Any property owner and/or agent who violates any provision of § 178-3 (B)
solely insofar as to fail to have a tight-fitting lid in place on garbage containers E, G, I or J, or
any of the provisions in § 178-3F regarding grass, weeds, brush, plantings, or obstruction of views,
shall be liable for a civil penalty of $20$40 for the first violation at a property within a twelve-month
period, $60 for a second violation at the same property within a twelve-month period, and $100 for a
third or subsequent for each such violation at the same property within a twelve-month period.
Section 4. Severability. Severability is intended throughout and within the provisions of this Ordinance. If
any section, subsection, sentence, clause, phrase, or portion of this Ordinance is held to be invalid or
unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the
remaining portions of this Ordinance.
Section 5. Effective Date. This ordinance shall take effect immediately upon publication as provided for in
the City Charter.
c) Discontinuance of portions of Lake Avenue and Adams Street
Proposed Resolution Concurring with the Board of Public Work’s Determination
to Discontinue the Northern Portion of Lake Avenue and Eastern Portion of
Adams Street
Moved by Alderperson Kerslick; seconded by Alderperson Martell. Passed
unanimously.
WHEREAS, presently before Common Council is the Board of Public Works’ January 11,
2016 resolution to discontinue the northern section of Lake Avenue and eastern section
of Adams Street, which the Board referred to Common Council for direction and review
of the discontinuance, and
WHEREAS, the proposed discontinuance involves portions of Lake Avenue and Adams
Street, which collectively are referred to as the “Street Parcels” and are more particularly
described as follows:
That portion of Lake Avenue commencing at the western corner of Lake Avenue and
Hancock Street, running northeast approximately 37 feet, then 393 feet to the northwest
to meet the eastern corner of Lake Ave and Adams
Street, then 173 feet to the southwest to meet the eastern curb face line of Alice Miller
Way, then southeast approximately 73 feet, then northeast approximately
167.5 feet, and then southeast approximately 327 feet to the beginning, and
WHEREAS, the portions of the above-described streets to be discontinued are depicted
on the survey map titled “No. 210 Hancock Street and No. 423 First Street”, prepared by
Darrin A. Brock, L.S. of T.G. Miller P.C. on August 12, 2015, which is hereby incorporated
by reference, and
WHEREAS, upon the discontinuance of the above-described Street Parcels, they will be
used for green space, pedestrian and bicycle space, and a playground, which shall be
open and accessible to the public, in accordance with the approved Site Plan dated
August 25, 2015 and the Agreement executed between Ithaca Neighborhood Housing
Services (INHS) and the City on September 4, 2015, and
WHEREAS, New York’s General City Law, Section 20(7), grants to cities the authority
“to lay out, establish, construct, maintain, operate, alter and discontinue streets;” and
WHEREAS, City Charter Section C-71 grants the Board of Public Works the authority to
“lay out, alter, discontinue, regulate, straighten, widen, pave, curb, clean and sprinkle the
streets, highways, bridges and crosswalks,” and Charter Section C-61 provides that the
Board shall “have control” of the City department pertaining to “Streets and Sidewalks”
and its property, albeit “subject to the limitations herein contained and the direction and
review of the Common Council,” and
WHEREAS, to the extent that the Planning and Development Board of the City is
required to have an opportunity to comment upon the proposed discontinuance of a City
street, such opportunity was provided in this case, and such comments were provided in
a memorandum dated November 30, 2015 supporting the proposed discontinuance; and
WHEREAS, the public hearing required to be conducted before a street is discontinued
was conducted on November 9, 2015, at which hearing no comments were made by
members of the public; and
WHEREAS, environmental review of the proposed discontinuance has been completed
by Board of Public Works acting as lead agency for purposes of specifically assessing
the environmental impact of the discontinuance on the Street Parcels, in which the
Board reviewed the Planning Board’s Full Environmental Assessment Form dated May
4, 2015 and the Planning Board’s SEQR record, and on November 9, 2015
independently adopted the findings contained in the May 26, 2015 negative declaration
of environmental significance issued by the Planning Board; and
WHEREAS, at its meeting of January 11, 2016, the Board of Public Works, upon due
consideration of the impacts of discontinuance of the Street Parcels on the immediate
community and the City as a whole and pursuant to the authority vested in it by the
Charter of the City of Ithaca, voted to discontinue the Street Parcels as City streets; now
therefore be it
RESOLVED, that the Common Council hereby concurs with the determinations of the
Board of Public Works in its January 11, 2016 resolution, namely:
7) That discontinuance of the Street Parcels will not negatively impact the
immediate surrounding community or the City.
8) That the Board appropriately found that the Street Parcels were “useless” as
City streets, as that term is defined in State law; and
9) That the proposed discontinuance, and the corresponding agreement
executed with INHS, will result in the beneficial development of a landscaped
pedestrian and bike way along Cascadilla Creek and playground accessible
to the public, installed without cost to taxpayers, and will lessen the workload
for the Department of Public Works as a result of INHS’ commitment to
maintain the discontinued Street Parcels and avoiding the need to reconstruct
or repair either portion of the discontinued Street Parcels; and be it further
RESOLVED, that upon Common Council’s authority under Charter Section C-61 to direct
and review the Board of Public Work’s discontinuance of any City street, Common
Council concurs in, and does not object to, the Board’s determination to discontinue; and
be it further
RESOLVED, that Common Council opts at this time not to establish an official City map,
and thus waives its jurisdiction to amend the same pursuant to General City Law 29.
The City will continue to maintain these streets.
d) Changes to Taxicab Ordinance
Moved by Alderperson Brock; seconded by Alderperson Kerslick.
Passed unanimously.
Alderperson Brock asked whether there is any repercussion if a taxi cab refuses
to pick up a fare.
ORDINANCE NO. 2015-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. The following sections of Chapter 232 of the City of Ithaca Municipal Code
entitled “Licensing of Businesses and Occupations”, Article VI entitled “Taxicabs” are
hereby amended to read as follows:
§ 232-57. Taxicab Driver's license required; qualifications.
No person shall operate or drive a taxicab without having in force and effect a taxicab
driver's license in accordance with the provisions of this article. No person shall be
issued a taxicab driver's license unless such person:
A. Has a valid New York State chauffeur's license.
B. Is over the age of 18 years.
C. Is of sound mind and body, with good eyesight and not subject to any infirmity of
mind or body which renders the applicant incapable or unfit to safely operate a taxicab.
Each applicant shall produce a physician's medical certificate signed by a licensed
physician, physician's assistant, or nurse practitioner dated not more than 30 days prior
to the application certifying that the applicant is physically qualified to operate a motor
vehicle.
D. Is clean in dress and person and is not addicted to either intoxicating liquor or to the
use of drugs.
E. Meets the standards embodied in Article 23-A of the New York Correction Law if he
or she has previously been convicted of one or more criminal offenses. Shall not have
been convicted of a felony involving violence, dishonesty, deceit or indecency nor any
sexual offense.
F. Shall not have been convicted of driving with ability impaired or intoxicated due to
alcohol or drugs while operating a taxicab.
G. Shall not have been convicted of leaving the scene of an accident which resulted in
personal injury or death for five years from the date of the last conviction.
H. Shall not have been convicted, as a first offense, for any violation of driving while
ability impaired or intoxicated due to alcohol or drugs for five years from the date of
conviction.
I. Shall not have been convicted, as a second offense, for any violation of driving while
ability impaired or intoxicated due to alcohol or drugs.
§ 232-58. Application for taxicab driver's license; investigation and refusal.
A. Contents.
(1) Every applicant for a taxicab driver's license shall submit a signed and sworn
application upon such forms as shall be required by the Chief of Police, showing
compliance with the requirements hereinabove set forth and such other information as
shall be deemed necessary and reasonable by the Chief of Police in the interest of
safety, health and welfare. Such information that is required by the Chief of Police shall
include but not be limited to a statement giving:
(a) The full name and place of residence of the applicant.
(b) The applicant's date of birth, height, color of eyes and hair and place of birth.
(c) Whether or not the applicant is a citizen of the United States.
(d) Places of employment for the previous five years.
(e) Whether the applicant has ever been convicted of a felony or misdemeanor.
(f) Whether the applicant's driver's license has ever been suspended or revoked and, if
so, for what cause.
(g) The chauffeur's license number issued by the state.
(2) Submit a certification of physical examination to be signed by a licensed physician,
physician's assistant, or nurse practitioner.
(3) Such statement shall be signed and sworn to by the applicant and filed with the
Chief of Police.
B. False information; effect and action thereon. Any false statement by the applicant
for a taxicab driver's license shall be cause for refusing the license or revoking the
license after it is issued, and any such false statement shall be promptly reported by the
Chief of Police to the District Attorney.
C. Photographs of drivers. Each applicant for a taxicab driver's license must file with
his/her application two unmounted, unretouched, good-likeness photographs of the
applicant, full face size, two inches by two inches. The face portion shall not be less
than 1 3/4 inches high, with the balance in normal prospective proportion. The
photograph shall be taken within 30 days of the date of the application by means of a
permanent, nonfading process. The applicant shall be hatless in the photograph. A copy
of the photograph shall be filed with the application and another copy attached to the
license to be issued hereunder. If the applicant does not have the means to produce
such photograph, the Ithaca Police Department will make arrangements to have the
photograph taken.
D. Fingerprinting of drivers. The applicant shall submit to fingerprinting by the Police
Department and shall furnish a set of fingerprints have fingerprints taken every three
years. The criminal history report that is returned with the fingerprints shall be
submitted to the Ithaca Police Department as part of accompany the application. which
shall be kept on file as a permanent record.
E. Authorization for investigation. Accompanying each application, the applicant shall
furnish to the Chief of Police, on a form provided by the Chief of Police, a signed
authorization by the applicant permitting any person to divulge and report to the Chief of
Police any matter which might otherwise be confidential, without limitation except as
required by law.
F. Investigation. After receipt of an application, the Chief of Police shall institute an
investigation of the applicant, including the applicant's driving record, and no license
shall be issued under the provisions of this article until the Chief of Police has indicated,
in writing, approval thereof after such investigation has been completed.
G. Refusal of license. If the results of the investigation are unsatisfactory, in the
opinion of the Chief of Police, the applicant shall be refused a license, subject to the
provisions hereof for hearings.
§ 232-64. Taxicab licensing procedures.
A. Taxicab license application. Application for taxicab licenses shall be made by the
owner of each business on forms to be furnished by the Chief of Police. The completed
application shall contain:
(1) Owner information: the name, date of birth, address, telephone number and record
of all convictions of crime, if any, of:
(a) Owners.
(b) Managers having immediate charge of taxicabs.
(c) Beneficial holders of 25% or more of stock of corporate applicants.
(2) Prior license history of owner: whether the owner has been previously licensed to
operate a taxicab in the City or elsewhere and, if so, the particulars thereto.
(3) Vehicle information required for each operating taxicab: the make of the motor
vehicle, the year, the engine and body serial number, the state registration number, the
length of time and mileage that the vehicle has been driven and the seating capacity
according to its trade rating.
(4) Vehicle inspection: Proof of New York State inspection made within 30 days of the
license application shall be submitted by the applicant for each vehicle in operation. In
addition, the Chief of Police, or his/her designee, shall inspect said vehicles to ensure
that the interior and exterior of the each vehicle is maintained in a clean and sanitary
condition, and that the signage requirements of this article are complied with, and
reinspection of said each vehicle may be made from time to time by the Chief of Police
or his/her designee. Each vehicle shall be submitted to a New York State inspection
annually at least once every six months.
(5) Vehicle liability insurance: proof of liability insurance in the minimum amount of
$25,000 per person and $50,000 per accident for personal injuries, and $10,000 per
accident for property damage.
(5) Vehicle liability insurance: Proof of insurance in accordance with the minimum
amounts as specified by the City, which such minimum levels shall be updated from
time to time, and shall be available for review on the City's website and/or in person at
the Ithaca Police Department.
B. Vehicle type authorized. All taxicabs shall be of vehicle types approved by the New
York State Department of Motor Vehicles for use as a taxicab.
C. Investigation. After receipt of an application, the Chief of Police shall institute an
investigation of the applicant, including the applicant's driving record, and no license
shall be issued under the provisions of this article until the Chief of Police has indicated,
in writing, approval thereof after such investigation has been completed.
D. Issuance of license.
(1) Upon completion of the investigation aforesaid, the Chief of Police is authorized to
issue a taxicab license upon determining:
(a) That there are no false statements or concealed facts in the application.
(b) That all application requirements have been satisfied.
(c) That each and every applicant, as specified in subsection A(1) of this section, meets
the standards embodied in Article 23-A of the New York Correction Law if he or she has
previously been convicted of one or more criminal offenses.
(d) That there are no other grounds for refusal. In this regard, the license may be
refused for any reason which, in the opinion of the Chief of Police, may be detrimental
to the best interest of the general public both in welfare and safety, provided that, in the
making of such determination, the Chief of Police shall set forth specific reasons for
such disapproval. Such findings shall be subject to hearings as provided by this article.
(2) Such license shall be for a period of 12 months from the date of issuance, unless
sooner revoked.
E. Renewal of taxicab license. The same procedures shall be followed as for original
applications. Every person to whom an owner's license is issued shall have the right to
renew said license within 30 days of the expiration date, provided that the other
requirements of this article are complied with.
§ 232-68. Suspension or revocation of taxicab vehicle for hire business licenses.
A. Grounds. A taxicab license may be revoked or suspended at any time at the
discretion of the Chief of Police if the a vehicle is used for criminal business or purposes
or if the licensed owner is convicted of a violation of this article.
B. Surrender of taxicab license. Whenever any taxicab license is revoked, the same
shall be surrendered to the Chief of Police. If a taxicab license is suspended, the same
shall be surrendered to the Chief of Police and retained by him/her until the suspension
period expires.
C. Automatic revocation. In the event that any person to whom a taxicab license is
issued has such license suspended on three occasions, such owner's license shall be
revoked. [Deleted and reserved for future use.]
§ 232-70. Taxicab rates.
A. Taxicab zones and rates. The City of Ithaca is hereby divided into zones as
shown on a map and schedules entitled "Taxicab Zones and Rate Schedules,
City of Ithaca," which said map and schedules, appended herewith, are hereby
declared to be a part of this article.[1] Schedule A therein depicts the base zone
charges, for one passenger, for a trip between the designated zones. Schedule B
depicts the fuel cost recovery surcharge which may be added to the applicable
base zone charge, as set forth in Subsection B below.
A. The rate for taxicab fares that originate and terminate within the City of Ithaca
between the daytime hours of 6:00 a.m. and 6:00 p.m. shall be $7.50.
The rate for taxicab fares that originate and terminate within the City of Ithaca
between the nighttime hours of 6:00 p.m. and 6:00 a.m. shall be $8.00.
B. Except as otherwise provided in Subsection C D below, the prices that may
be charged by the owners or drivers of taxicabs for the transportation of a
passenger within the City shall not exceed the cumulative, applicable amounts.
shown on said map and schedules, or, for additional passengers, as shown on
said schedules and as set forth in Subsection C below. At least once every three
years, during the month of April, the amounts shown on said map and schedules
shall be reviewed by Common Council to determine if the rate schedule in force
at the time remains appropriate.
Taxicab rates shall be reviewed by Common Council at the request of an owner
of a licensed taxicab company but not more than once every calendar year.
The following notice shall be conspicuously posted in full view of passengers:
"Rate maps and schedules for fares that originate in the City of Ithaca, together
with the full text of the city's rate law and a copy of the most recent applicable
fuel surcharge confirmation, are available upon request from the driver of this
taxicab, according to City ordinance."
B. C Rates for trips outside of the City of Ithaca. The taxicab rate for standard
fares that originate within the City but terminate outside of the City shall be as
follows:
East Hill Plaza $11.00
Cayuga Medical Center $11.00
Malls/Triphammer Area $12.00
Convenient Care $15.00
Ithaca College $11.00
Tompkins County Airport $17.50
TC3 $31.00
Trumansburg $30.00
Fuel cost recovery surcharge.
Effective October 1, 2006, a fuel cost recovery surcharge may be added to the base
zone charge for a taxicab passenger, subject to the following. This surcharge is
based on the following findings:
(a) The estimated average length of a taxicab trip is 6.8 miles;
(b) The estimated average gas mileage of a taxicab is 15 miles per gallon of fuel;
(c) Thus, the average taxicab trip uses .45 gallons of fuel;
(d)The incremental effect, on the cost of an average trip, of each ten-cent-per-gallon
increase in the cost of gasoline, since the last adjustment of the base zone rates, is
deemed to be an additional $0.05.
(2) Based on the foregoing, a chart setting forth the applicable fuel cost recovery
surcharge at each level of current gasoline prices is included in Schedule B of the
aforementioned Taxicab Zones and Rates Schedules.
(3) Using the chart in Schedule B, the amount of the applicable fuel surcharge shall
initially be determined as of October 1, 2006, and shall be determined and adjusted as
of January 1, April 1, July 1 and October 1 of each year thereafter.
(4) For the quarter commencing on each such effective date, the amount of the
surcharge shall be based upon the average, regular conventional retail gasoline price
per gallon in New York State, as reported by the U.S. Department of Energy, Energy
Information Administration (or its successor agency), for the date which is 10 days
before each of the effective dates set forth immediately above.
(5) The amount of the surcharge shall be confirmed, in writing, by the office of the
Controller of the City of Ithaca, at least five days before each of the effective dates set
forth above, which confirmation shall be made available by that time at City Hall and on
the City of Ithaca’s internet website.
(6) No taxicab owner or driver may charge or collect any fuel surcharge unless:
(a) The surcharge sought is the surcharge amount then in effect;
(b) The owner or driver has procured written confirmation by the office of the City
Controller of the surcharge currently in effect; and
(c) The owner or driver can display a copy of said confirmation to the passenger,
prior to collection of the fare.
C. D. Rate rules.
(1) Zone line rates. When the destination of the taxicab is the dividing line between
two zones, the fare for the lesser zone will be charged.
Children. One child five years of age or under shall ride free if accompanied by
an adult passenger. No driver shall be required to convey any child under the
age of five years unaccompanied by an adult.
Seniors. Passengers 65 years of age or older shall be granted a $1.50 discount.
of $1.15 in regulated fares.
Additional passengers. A taxicab driver may charge $01.50 fare for each
additional passenger of the same party and same destination.
Late night surcharges. A taxicab driver may charge an additional $0.50 per
passenger for each trip commencing or terminating between 8:00 p.m. and 5:00
a.m.
Baggage. No charge will be made for two suitcases, no larger than two feet by
two feet by six inches in size, and one travel bag for each passenger. A charge of
$1 for each oversized or additional piece of luggage under 25 pounds shall be
authorized. A charge of $5 for footlockers or luggage over 25 pounds shall be
authorized. Each passenger shall be allowed to carry up to five papers or 10
plastic grocery bags at no charge. A charge of $0.25 for each additional grocery
bag shall be authorized. A $3.00 surcharge will be charged for oversized
luggage and trunks that weigh 50 pounds or more.
Skis. A charge of $2.50 per pair of skis is authorized, provided that taxicab is
equipped with suitable racks.
Tip solicitation. No driver shall solicit tips, gratuities or any additional charges
other than those authorized by this article. However, non-solicited voluntary
tipping is permitted.
Out-of-own flat rates. If the taxicab is engaged for an out-of-town trip originating
or terminating in the City of Ithaca, the taxicab driver shall agree with the
passenger prior to the commencement of the trip for the rate to be charged,
which shall include all tolls required to be paid.
Prepayment. A taxicab driver shall have the right to demand payment of the legal
fare in advance and may refuse employment unless so prepaid.
Group rides. No taxicab driver shall carry any person other than the passenger
first employing the taxicab without consent of such passenger.
Exclusive rides. A passenger may request an exclusive ride through dispatch
when arranging for transportation. If a passenger is not willing to share a ride
with others, a $3.00 surcharge will be applied to the regular fare.
Waiting time. After a person has hired a taxicab, there shall be no charge for up
to five minutes during which the taxicab waits for the passenger at the
passenger's request. There shall be a charge of $2.50 for each additional five
minutes or any portion thereof. The taxicab driver shall inform the passenger of
the charge for waiting time at the time of request.
Disputed fares. In the event that there is a dispute between the taxicab driver and
a passenger with respect to a fare, the taxicab driver shall submit the dispute to
the desk officer in charge at police headquarters notify a police dispatcher so that
a police officer can respond to help mediate the dispute. If the passenger then
makes payment according to the amount determined by said police officer, the
passenger shall be given a receipt by the taxicab driver of the amount paid,
which shall be witnessed by the police officer. If the passenger pays under
protest, such fact shall be recorded by the desk police officer, who shall make a
memorandum of the dispute and the disposition made. The disposition of the
dispute shall not be binding in a court.
Taxicab owners shall furnish each driver with a copy of the rate rules, supplied by
the City Clerk, and shall instruct their drivers to apply the rules fairly and
consistently, advising them that charges must not be exceeded under any
circumstances.
Fuel Surcharge. In the event of an energy/gasoline crisis or when gasoline
prices exceed $4.00 per gallon for a period of 30 days or longer, a fuel surcharge
may be implemented by Common Council. This surcharge will be added to the
base fare.
§ 232-72. Suspension, revocation or refusal to renew licenses; hearings.
A. Reasons. The Chief of Police may suspend, cancel or revoke a taxicab drivers or
taxicab license and may refuse to approve an application or a renewal thereof for any of
the following reasons:
(1) Violations: the applicant or licensee has not satisfied or has violated any of the
provisions of this article.
(2) Prior revocation or suspension: the applicant, any officer, director, stockholder or
partner or any other person directly or indirectly interested in the application for a
taxicab license was the former holder or was an officer, director, partner or stockholder
in a corporation or a partnership which was the former holder of a taxicab license which
had been revoked or suspended.
(3) Unfit applicant or licensee: the Chief of Police finds the applicant or licensee not fit
to be a licensee in the best interest of the public welfare and safety.
(4) If the vehicle is used for criminal business or purposes, the licensee is convicted
of a violation of this article, or the licensee is convicted of a criminal offense such that
he or she fails to meet the standards as embodied in Article 23-A of the New York
Correction Law.
(5) In the event that any licensee has such license suspended on three occasions,
the license shall be revoked automatically.
B. Surrender of license. Whenever a license is revoked, it shall be surrendered to the
Chief of Police. If a license is suspended, it shall be surrendered to the Chief of Police
and retained by him/her until the suspension period expires.
C. Hearing. Any taxicab driver or taxicab owner whose license has been suspended or
revoked or who has had a renewal refused or any individual to whom an initial license
has been refused shall be granted a hearing before the Community Police Board within
30 days after written request therefor has been made to the Chief of Police. At the
hearing, such person shall have an opportunity to rebut by evidence or testimony such
suspension, revocation or refusal. The Community Police Board is authorized to affirm,
reverse or modify in any respect the action of the Chief of Police.
Section 2. Severability. Severability is intended throughout and within the provisions of
this local law. If any section, subsection, sentence, clause, phrase or portion of this
local law is held to be invalid or unconstitutional by a court of competent jurisdiction,
then that decision shall not affect the validity of the remaining portion.
Section 3. Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notices as provided in the Ithaca City Charter.
e) Changes to community Investment Incentive Tax Abatement Program
(CIITAP)
Moved by Alderperson Nguyen; seconded by Alderperson Kerslick. To add #7
to the existing CIITAP application. Passed Unanimously.
Alderperson Brock recommended that a fund be set up for those involved in
the program and the City to decide how much money goes to help areas in
the City that need
been created [figures based on a memo from Economic planner
Jennifer Kusznir to the City Planning and Economic Development
Committee, December 4, 2014], and with several more similar projects
pending, and
10) Whereas there appear to be no metrics or goals to determine when the
CIITAP program is deemed successful or when it could be eliminated but
that the reasons for the policy as outlined above appear to be fully met,
and
11) Whereas the trend for American downtowns to once again become a
preferred living, shopping, and visiting space is already well under way in
Ithaca, as stated, for example, by Jan deRoos, a hotel siting expert at
Cornell’s School of Hotel Administration and former member of the City’s
Board of Zoning Appeals. deRoos has concluded that downtown Ithaca is an
“established destination,” stating “Building on green space doesn’t work
anymore…Travelers want to be able to walk out of their hotel and have a
selection of restaurants and shops right there…Ithaca is the poster child for
this kind of thing,” and
12) Whereas CIITAP‐based abatements may have brought more
development and a larger tax base to downtown Ithaca, the projects only
occasionally bring sustainability initiatives, affordable housing, and local
business promotion and more and more frequently are met by strong
public opposition due to the type of development, construction
impediments, parking and traffic concerns, and other community impacts;
now therefore be it
Resolved that the Common Council should:
1. Declare that CIITAP’s original objectives have been met.
2. Recognize that a vibrant local economy is characterized not only by a
strong tax base, creative events, and influx of outsider spending, but
also by sustainable environmental practices and opportunities for local
residents to find good‐paying jobs and affordable housing.
3. Revise CIITAP’s objectives and abatement recommendations to focus
specifically on development of permanently affordable rental housing
and affordable or mid‐range owner‐occupied housing for long‐term
community residents that is:
i. well insulated and sourced by renewable energy,
ii. consistent with the size, scale, and locations recommended in
the Comprehensive Plan, and
iii. built by a diverse workforce including at least 80% local labor
who are paid a living wage.
4. Develop city‐wide policies such as inclusionary zoning, enhanced building
codes, or other initiatives that will help to achieve the following goals without
the need for tax abatements:
i. development of energy‐efficient, renewable energy‐sourced
affordable housing,
ii. hiring of diverse local labor, and
iii. payment of a living wage.
5. Develop specific criteria to determine benchmarks for success of the revised
CIITAP program, and evaluate and report on the progress of the program
annually.
6. Terminate the revised CIITAP program as soon as possible and in no case
later than 5 years from November 2015.
5) Action Items (Voting to Circulate)
a) Temporary Mandatory Planned Unit Development for the Waterfront
Alderperson Brock suggested including both sides of Fulton Street in this zone.
Chair Murtagh is fine with the map as it is.
Jennifer Kusznir suggested since this PUD is geared toward the Comprehensive Plan, she
will look at the boundaries.
Alderperson Martell moved to circulate with the revised map; seconded by Alderperson
Kerslick. Carried unanimously. This will come back in February with a public hearing.
ORDINANCE NO.
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that the
City does hereby establish a Temporary Mandatory Planned Unit Development (TMPUD)
District for the Waterfront Study Area as follows:
Section 1. Chapter 325 of the City of Ithaca Municipal Code is hereby amended to add
the following section:
§ 325-13. Temporary Mandatory Planned Unit Development (TMPUD) District
A. Declaration of Legislative Authority. This Planned Unit Development (PUD)
Ordinance is being enacted pursuant to the authority established in the New York
State General City Law § 81-f.
B. Purpose and Intent.
A Temporary Mandatory Planned Unit Development District (TMPUD) is hereby
established, for a period up to 18 months from the effective date of this
ordinance, it being the intent of the Common Council that during that time the
City will adopt land use regulations to implement a waterfront plan, the adoption
of which regulations shall repeal this ordinance, or shall amend this ordinance to
render the TMPUD non-mandatory.
The purpose of this TMPUD is to provide the Common Council with transitional
oversight for potential development projects in order to ensure that development
in the waterfront study area supports the goals of the City’s Comprehensive
Plan, which may differ from the pre-existing zoning in this area. This is intended
to allow the Common Council a reasonable period of time in which to establish a
plan for the waterfront study area and to adopt compatible zoning standards.
Under this ordinance, the Common Council intends to employ the
recommendations established in the Comprehensive Plan when determining
whether to approve a proposed development in the waterfront study area. The
TMPUD will mandatorily apply to proposals for new construction or for
development proposals that will change an existing building footprint by more
than 50%, but shall not apply to any other construction or development, which
shall remain subject to otherwise-applicable zoning ordinance.
C. Background.
1. In September of 2015, the Common Council adopted Plan Ithaca, as Phase I of the
City of Ithaca’s Comprehensive Plan. This plan identifies the desired future
land uses in the City, as well as areas where development is anticipated and
encouraged, identifying community goals and recommendations for achieving
these goals.
2. On August 17, 2015, the City of Ithaca Comprehensive Plan Committee submitted a
written recommendation to the City that included developing a plan for the
waterfront as a priority for the next phase of the City’s Comprehensive Plan.
3. In November of 2015, the Planning and Economic Development Committee of the
Common Council directed Planning Staff to begin working on a waterfront
development plan as a part of the next phase for the Comprehensive Plan. The
existing developable land along the City’s waterfront is currently zoned WF-1,
WF-2, SW-2, P-1, and I-1.
The City Comprehensive Plan identifies the goals for the Waterfront Mixed Use
area as the creation of a mixed use district, including commercial, and housing,
with an emphasis on uses that create an active waterfront environment.
The City Comprehensive Plan further notes that “new development should
protect view sheds and allow public access to the waterfront. Pedestrian and
bicycle connections should be improved, particularly to adjacent mixed use
areas. Developable space in the waterfront area is at a premium and reducing
the impacts of parking in new development should be carefully considered.”
The City Comprehensive Plan also identifies the adjacent areas that are
currently zoned industrial as having potential for additional development and
employment opportunities. The waterfront study is intended to guide the City’s
decisions as to where and what type of development is appropriate, which will
be determined by the Waterfront Development Plan currently being undertaken.
4. In 2014, the City adopted a floating PUD that could be used in any I-1 Zoning
District. A PUD allows for flexibility in planning and design, while through the
process of review and discussion, ensures efficient investment in development
that, among others, forwards a City’s comprehensive plan. Because the zoning
in this area is in transition, the temporary mandatory PUD will enable
development to continue during the crafting of new land use regulations, subject
to Common Council’s oversight.
D. Effective Period.
This TMPUD shall be in effect, within the boundaries described in Subsection E,
herein, for a period of eighteen (18) months from the effective date of this
ordinance, as described in Section 4, herein.
E. Affected Properties and Boundaries of the TMPUD
1. All new construction and any construction that enlarges the footprint or total
floor space of an existing building by 50% or more will be subject to the
TMPUD under this ordinance, and—absent compliance with the TMPUD—
shall not be entitled to proceed in reliance on pre-existing land use
regulations, which absent the TMPUD might or would have enabled their
construction. Any changes to existing structures that do not enlarge the
footprint or total floor space of an existing building by 50% are not subject to
the TMPUD and remain subject to the pre-existing underlying zoning.
2. The TMPUD shall be located in the waterfront study area, whose boundaries
can be seen on the map entitled Proposed Waterfront Study Area-dated
12/9/2015.
F. Permitted Principal and Accessory Uses.
In the TMPUD, buildings and land may be for uses which the Common
Council may pursuant to TMPUD application authorize, including Council’s
consideration and potential authorization of development restrictions such as
yard size, height restriction, building coverage, and lot size,. In addition, the
Common Council may impose any conditions or limitations that are
determined to be necessary or desirable to ensure that the development
conforms with the City Comprehensive Plan, including limiting the permitted
uses, location and size of buildings and structures, providing for open space
and recreational areas, requiring acoustical or visual screening, construction
sequencing, and requiring bonds or other assurances of completion of any
infrastructure to be built as part of the development.
G. Site Plan Approval.
No structure shall be erected or placed within the TMPUD, no building permit
shall be issued for a building or structure within the TMPUD, and no existing
building, structure, or use in the TMPUD shall be changed, unless the
proposed building and/or use is in accordance with a site plan approved
pursuant to the provisions of Chapter 276 of the City of Ithaca Code.
H. Criteria.
Common Council will consider an application for any development within the
TMPUD on the following criteria, among others:
1. Is the project in accordance with the City Comprehensive Plan, which
specifically lists the following:
Promoting mixed use development, including commercial and
housing
Emphasizing waterfront activities
Reducing impacts of parking
Providing for additional employment opportunities
Promoting public access to the waterfront
Enhancing and preserving any environmentally sensitive areas
I. Application Process.
Any applicant seeking approval of a TMPUD, will be subject to the
application process established in Subsection 12(G) of this Chapter, without
regard therein to any references to underlying zoning or alternate processes.
J. Additional Requirements.
For any new construction in the TMPUD, the Common Council may impose
such conditions or limitations that the Council, in its legislative discretion,
may determine to be necessary or desirable to ensure that the development
conforms with the City Comprehensive Plan, including limiting the permitted
uses, location and size of buildings and structures, providing for open space
and recreational areas, and requiring bonds or other assurances of
completion of any infrastructure to be built as part of the development.
K. Expiration.
A developer who receives PUD approval will have 24 months to begin
construction of their project. If construction on the property has not been
developed in accordance with the approved plan after 24 months, the PUD
will automatically be revoked, unless otherwise stated by the Common
Council. In the case of extenuating circumstances the developer may apply
to the Common Council for an extension of PUD approval. If the site plan
changes significantly, said significance as determined by the Director of
Planning and Development, it may require re-consideration by the Common
Council. The Director of Planning and Development may determine that the
changes are minor and do not require re-approval.
L. Exemptions.
Construction, alterations or demolition authorized by building permits which
were issued on or before the effective date of this Section shall be exempt from
the provisions of this TMPUD.
Section 2.
Supersession.
This Section 325-13 is intended to supersede any provision of the City Code insofar as said
provision is inconsistent with Subsection 325-13(E)(1) herein.
Section 3.
Severability.
If any section, subsection, sentence, clause, phrase or portion of this Section 325-13 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 immediately and in accordance with law upon publication of
notice as provided in the Ithaca City Charter, and shall expire 18 months after the effective
date, except as to any application for any development within the TMPUD that is filed under
this ordinance prior to its expiration and not thereafter withdrawn by the applicant.
b) Proposal to Reduce Cell Tower Fall Zone
Alderperson Brock moved to circulate; Alderperson Nguyen seconded it.
Carried 4-1.
MEMORANDUM
TO: Planning and Economic Development Committee of Common Council
FROM: JoAnn Cornish, Director of Planning and Development
DATE: December 30, 2015
SUBJECT: Request to Revise City Zoning Ordinance, Article VA, “Telecommunications
Facilities and Services” to Lower the Required Fall Zone
The City has received a request to consider revising City Zoning Ordinance, Article VA,
“Telecommunications Facilities and Services” (hereafter referred to as “TCO”), Section 325-29.9.
A. (1) concerns the fall zone setback requirements for Tier III telecommunications facilities and
applies to the siting of towers, monopoles, and lattice structures. The area of a fall zone is where:
“No habitable structure or outdoor area where people congregate shall be within a fall zone of two
times the height of the PWSF [personal wireless service facility] or its mount.”
Specifically, the request is in regard to the existing telecommunications tower located at 815 South
Aurora Street in the City of Ithaca. The tower is on a 2.5-acre parcel and has an estimated height of
170 feet. In accordance with the existing ordinance, this would require any development to be
outside a radius of 340 feet from the base of the tower. The request is to reduce the fall zone to
120% of the height of the tower, the distance the cell tower will actually fall based on two
engineering reports submitted to the city, (available upon request) which state that in the worst
situation, if all three-guy wires supporting the tower fail, the tower’s fall will be equal to the tower’s
height, or 170 feet and that a debris field may extend beyond the collapsed tower an additional 10-
15 feet.
The City of Ithaca adopted its Telecommunications Services and Facilities Ordinance (TCO) in
2002, carefully avoiding any violation of Federal law. The FCC imposed limitations on
communities so that local governments could not prohibit cell towers from within their
municipalities. The City based the fall zone requirement on its authority to adopt laws that protect
the safety and welfare of its citizens as well as to protect the natural features and aesthetic character
of the City.
The required falI zone was determined, in part, to insure that cell towers were not placed in the
City’s valley or “flats” as we commonly describe our downtown. Several locations were proposed
by various carriers that included Cass Park, Stewart Park, Newman Golf Course, the NYSDOT site,
and Inlet Island. Essentially, with a fall zone requirement of twice the height of the tower, there are
very few places in the city where a cell tower could be sited. If the fall zone is reduced, it may
allow for more towers to be built in the city but it will also allow projects on land where previously
the fall zone prohibited development.
If you feel this proposal is worthy of further consideration, I will distribute this concept memo for
comment, and further discussion by the Planning Committee at the February 9, 2016, meeting.
6) Review and Approval of Minutes
a) December 2015
Moved by Alderperson Kerslick; seconded by Alderperson Brock. Passed
unanimously.
7) Adjournment
Moved by Alderperson Kerslick; seconded by Alderperson Martell. All agreed to
adjourn at 9:15 p.m.