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Home My WebLink About12-12-12 Planning and Economic Development Committee Meeting AgendaMEETING NOTICE City of Ithaca Planning & Economic Development Committee Wednesday, December 12, 2012 – 6:00 p.m. Common Council Chambers, City Hall, 108 East Green Street A. Agenda Review B. Special Order of Business 1. Presentation: A Proposed Preservation Plan for Ithaca (6:00 pm) 2. Cornell CIPA Study of Collegetown Parking Study (6:15 pm) (Executive Summary) C. Public Comment and Response from Committee Members (6:35 pm) D. Announcements, Updates and Reports (6:45 pm) 1. Intermunicipal Planning Coordination 2. Dredging / Hydrilla 3. Emerson 4. Commons 5. Energy Action Plan 6. Collegetown Zoning 7. Minimum Parking Requirements E. Action Items 1. Support for Intermunicipal (with Town of Ithaca) Development Focus Area Matching Fund application (6:55 pm) (“Zoning Code Re-Vision for City/Town of Ithaca,” agreement and materials) F. Discussion Items 1. Downtown Density – Zoning Change (7:00 pm) (concept memo, map, ordinance establishing CBD-T) 2. Noise Ordinance (7:15 pm) (concept memo, sample ordinances/codes) 3. Tobacco Legislation (7:25 pm) (overview, model ordinance) 4. Divestiture of City-Owned Lands (7:35 pm) (concept memo, maps) 5. Agenda Planning – potential upcoming items (7:45 pm) 2013 department and committee workplans, industrial/PUD (planned unit development), landmarks ordinance changes, public art approval process. G. Approval of Minutes H. Adjournment (8:15 pm) Direct questions about the agenda to Jennifer Dotson, Chairperson, (jdotson@cityofithaca.org or 351-5458) or the appropriate staff person at the Department of Planning & Development (274-6550). Back-up material is available in the office of the Department of Planning & Development. The agenda order is tentative and subject to change. If you have a disability and require accommodations in order to fully participate, please contact the City Clerk at 274-6570 by 12:00 noon on Tuesday, December 11, 2012. PLAN-2012-22-8027 CONTRACT AGREEMENT, made by and between the COUNTY OF TOMPKINS, a municipal corporation in the State of New York with offices at 125 East Court Street, Ithaca, NY 14850 (hereinafter referred to as the “COUNTY”) and the Town of Ithaca, a municipal corporation in the State of new York with offices at 215 North Tioga Street, Ithaca, NY, 14850 (hereinafter referred to as “RECIPIENT”). WITNESSETH The purpose of this agreement is to the Town of Ithaca, acting in partnership with the City of Ithaca, funding for the project outlined below. IN CONSIDERATION of the promises, covenants and agreements contained herein, the parties agree as follows: 1.The term of this agreement shall begin on December 10, 2012, and end on December 9, 2013. 2.The project is to review the existing zoning codes for both the Town of Ithaca and the City of Ithaca to identify discrepancies between them and the Smart Code (a form-based code) as described in the RECIPIENT’s application for funding as Phase I (Attachment A) with the following amendment: the Form Based Code Demonstration Area be amended to include the Northside neighborhood, or similar, said revised boundaries to be approved by the Tompkins County Planning Department. 3.The COUNTY shall pay to the RECIPIENT pursuant to this contract a sum representing fifty percent (50%) of the project cost, not to exceed $8,000. Payment of said sum shall be made by the COUNTY upon completion of the project, submission of a written report on the project, and the submission of an invoice. Submission of these must be made to the Tompkins County Planning Department, 121 East Court Street, Ithaca, NY 14850. 4.All public relations materials, posters, and programs must state: “This program was made possible by a grant from the Tompkins County Development Focus Area Fund.” 5.The RECIPIENT shall indemnify, hold harmless and defend the COUNTY and its officers, employees, agents and elected officials from and against any and all claims and actions brought against the COUNTY and its officers, employees, agents and elected officials for injury or death to any person or persons or damage to property arising out of the performance of the project by the RECIPIENT, its employees, subcontractors or agents with the exception of all actions and claims arising out of the negligence of the COUNTY. 6.The Provisions of this agreement shall be construed under the laws of the State of New York. 7.The RECIPIENT shall not assign any part of this Agreement to a subcontractor or other party without the express written consent of the COUNTY. The RECIPIENT is authorized to subcontracts with the following entities for work as described in Attachment A: STREAM Collaborative and Randall West. 8.The COUNTY encourages the payment of livable wages whenever practical and reasonable. 9.This Agreement may not be amended or modified except in writing by the parties hereto nor may any obligations hereunder be waived orally. PLAN-2012-22-8027 10. REGULATORY COMPLIANCE. The Contractor agrees to comply with all Federal, State, and local laws and regulations governing the provision of goods and services under this Contract. To the extent that federal funds are provided to the Contractor under this contract, the Contractor agrees that it will comply with all applicable federal laws and regulations, including but not limited to those laws and regulations under which the Federal funds were authorized. Further, Contractor agrees to comply with the County’s Compliance Plan regarding Federal and State fraud and abuse laws; the Compliance Plan can be viewed at www.tompkins-co.org, or a copy can be obtained by contacting Tompkins County Department of Administration. Contractors that are providers of healthcare services certify that the Contractor, and all employees, directors, officers and subcontractors of the Contractor, are not “excluded individuals or entities” under Federal and/or New York State statutes, rules and regulations. If the Contractor provides healthcare services, the Contractor agrees to screen all employees, directors, officers and subcontractors on a monthly basis at the New York State Office of Medicaid Inspector General website, and any other websites related to the Excluded Parties List System required by Federal and/or New York State Medicare or Medicaid statutes, rules and regulations, to determine if any employee, director, officer, or subcontractor is on or has been added to the exclusion list. The Contractor shall promptly notify the County if any employee, director, officer or subcontractor is on or has been added to the exclusion list. The County reserves the right to immediately cancel this contract, at no penalty to the County, if any employee, director, officer or subcontractor is on or has been added to the exclusion list. By signing this contract, you are attesting to that fact that you and/or the provider, which you represent, have not been sanctioned nor excluded by any of the aforementioned entities. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first written below. DATE: ________ ____________________________ County of Tompkins DATE: ________ ____________________________ RECIPIENT ____________________________ Print Name & Title ____________________________ Employer ID# or Federal SS# ATTACHMENT A Projec t Nam e:Zoning Code Re-Vision for City/T o wn of Itha ca Le ad M unicipality: Town of Ithaca Sus an Ritter, Direc tor of Planning 215 N. Tioga Street Ithaca, NY 14850 607-273-1747 sritter@town.ithaca.ny.us M unicipal Partne r: City of Ithac a JoAnn Cornish, Direc tor of Planning 108 East Green Street Ithaca, New York 14850 607-274-6550 joannc @c ityofithac a.org Project Summary The propos ed study will take an in-depth look at the exis ting zoning code for both the Town and City of Ithaca to identify important discrepancies and opportunities for revis ion,which will ultim ately allow development to more c losely align with the goals and objec tives of the Comprehensive Plans for both municipalities.The revision of the zoning code is the firs t im plem entation s tep after com pletion of the comprehens ive plans making this study well-timed.The results of the study should play a direct and meaningful role in the eventual im plem entation of the c omprehens ive plans and serve as a catalys t for a more thorough revision of the z oning c odes for both the Town and City.The project involves hiring a loc al profes s ional consultant team (who has already been identified with a fee proposal attached)to look specific ally at the SmartCode (a form -based code)as an alternative to the Euclidean c odes currently used by both the Town and City.This study will look at c alibrating the SmartCode for c ritic al target areas within the Town and City in order to dem ons trate the effectivenes s of using form -bas ed zoning over the traditional Euclidean zoning.The SmartCode has been well established as one of the bes t tem plates for form-bas ed codes and enc ompasses the entire spectrum from urban c ore to rural natural/conservation areas.The study area will include a cros s s ec tion of land us es from an em erging urban c enter (Inlet Is land/W es t End)to the m ore suburban and natural areas along the Cayuga Inlet valley inc luding portions of the proposed Black Diam ond Trail (see attac hed study area m ap). Funding sources and amounts The study is looking to leverage the County grant to m inimize the obligation of each munic ipal partner in order to produc e a roughly $36,000 profes s ional study.The projec t is being broken into two distinc t phases (both com pleted within 2013)as a way to still achieve signific ant portions of the study in case any of the total funding required is not secured.The proposed first phase would be funded directly by the Town and City ($4000 each)and the initial matc hing grant from the County ($8000).The s ec ond phase would be continued with additional grants from the County ($1875 for a student intern),Cornell Univers ity m atching grant,The Park Foundation and/or other s ources TBD.The attac hed fee proposal inc ludes a breakdown of the tasks , antic ipated hours , and propos ed funding s ources. 1 Project Objectives This s tudy will dem ons trate the potential of a s ingle coordinated form-bas ed z oning c ode that c an be implemented ac ross both the c ity and town of Ithac a (m aking it transferrable to all areas beyond the study area).The report will include a suggested form -bas ed code,regulating plan for the s tudy area,a vis ioning plan,and illustrations dem ons trating what the build-out could look like over the next 10-20 years .If adopted by both the Town and City,a new coordinated form-bas ed code (web-based)c ould be adminis tered by both m unicipalities m aking it eas ier for the general public ,planning and code enforc ement staff,and developers to better unders tand the city and town’s coordinated vis ion ac ross the entire spectrum from the urban core to the rural ham lets and natural z ones . How does the project im plem ent one or m ore of the recom m endations of “Building Vibrant Com m unities in Tom pkins County?” This form-bas ed code demonstration projec t will: 1.look at the m axim um developm ent potential within the defined foc us area; 2.review and re-write exis ting local ordinanc es and design guidelines to establish dens ity requirem ents c ons istent with the overall vis ion of the City,Town,and County Com prehensive Plans allowing a greater density and m ix of us es within the developm ent focus areas,and lim it development within the natural areas; 3.aid m unicipal offic ials in the developm ent of propos als for infill s ites within the foc us areas ; 4.identify opportunities for new developm ent foc us ed specifically along the propos ed Blac k Diam ond Trail and Cayuga W aterfront Trail; and 5.prepare illus trations to s erve as a vision/example of what the potential build-out for the focus areas c ould be over the next 10-20 years. Study Area The study boundary enc om pas s es all the following im portant areas (s ee attached map): ●Pier Road/TCAT/DOT/Farmer’s Market/Com munity Garden ●Inlet Is land/W est End ●Cherry Street/Floral Ave ●Southwes t development parcel/Southwest natural area ●Five Mile Drive and Route 13 south of City border (near Ithaca Beer,Turbac ks ) Report Content/Deliverables The c ons ultants will prepare a tec hnical report and z oning package ready for adoption and GIS documentation including: ●Analys is of Current Zoning -How and where does c urrent z oning thwart Smart Growth objec tives of divers e, dens e, and walkable c om munities? ●SmartCode Calibration for foc us areas ●Regulating plan for foc us areas ●Vis ion Plan for focus areas including illustrations of build-out 2 ●Interim presentation to planning boards ●Final presentation to planning boards Consultant Team The proposed c ons ultant team consis ts of a professional architect/lands c ape arc hitec t,profes s ional planners, a s tudent intern, a profes s ional planning advisor, and an ac adem ic advis or. ○STREAM Collaborative -Noah Dem arest RA,RLA,LEED AP,project lead,graphic s , production ○Randall W es t - C.J. Randall & David W est code analys is and tec hnical writing ○Student Intern - Cornell CRP graduate s tudent for s upport ○Ac ademic & Professional Advis ors ■Pike Oliver - Cornell CRP & Real Es tate Profes s or ■Jessic a Millman - LEED ND author The schedule The project is being propos ed in two phases with the background inventory and analys is and initial draft report prepared over a ten week period beginning in January/February of 2013.The s ec ond phase will align with the sum mer break to allow for the student intern through Cornell’s CRP interns hip program which requires the s tudent to work 20 hours/week over a ten week period.Both phases of the projec t will be c om pleted by Septem ber 2013. 3 405 E. Marshall Street Ithaca, NY 14850 August 15, 2012 Susan Ritter, Director of Planning Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Dear Sue: I am delighted to submit the attached fee proposal for the Ithaca Zoning Re-Vision study. The project involves an initial look at the feasibility of a new form-based code in both the Town and City of Ithaca. The timing of this study is fortuitous given the recent work on the Town Comprehensive Plan and the desire to develop a form-based code as well as the City's work on their own Comprehensive Plan. I am proposing to lead a team of local professionals and a student intern with the help of an academic and professional adviser to assist with this project. We will be working closely with both Town and City staff in order to help understand how a single coordinated from-based code could be implemented in a defined demonstration area, which includes several opportunities for emerging development (see attached map). The attached fee schedule includes a suggested breakdown of funding sources including the maximum amount from the first round of the Tompkins County Development Focus Areas Matching Fund ($8000). We are proposing to complete the project in two phases begin in early 2013 with the first phase funded by the Town, City and County. Phase two would be dependent on funding from other potential sources including Cornell University, The Park Foundation, and/or greater contributions from the Town, City and County. My understanding is that both the Town Board and the City Common Council will need to approve their contribution for phase one ($4000 each) but only if we are successful in securing the County matching funding. Approval of work on phase two can be reviewed by both municipalities once the project is underway. Please let me know if you have any questions about this proposal. Sincerely, Noah Demarest RA, RLA, LEED AP Principal 607.216.8802 cc: JoAnn Cornish Herb Engman Svante Myrick Joan Jurkowich Ed Marx E L M I R A R D DANBY RD C L I F F S T M E C K L E N B U R G R D FIVE MILE DR FLORAL AVE H E C T O R S T ENFIELD FALLS RD S M E A D O W S T W S E N E C A S T N MEADOW ST W G R E E N S T For m Based CodeDemonstration Area ¯ 1 Mile Legend CITY OF ITH AC A TOWN OF ITHACA County Road Local Road State Road Buildings Proposed Study Area ST R E A M Co l l a b o r a t i v e Ra n d a l l W e s t Co r n e l l C R P Ad v i s o r s Ta s k s Du r a t i o n (w k s ) No a h D e m a r e s t CJ R a n d a l l Da v i d W e s t St u d e n t I n t e r n Pi k e O l i v e r Je s s i c a M i l l m a n x H o u r l y R a t e s 10 $9 0 $7 0 $7 0 $1 9 $1 0 0 $1 0 0 Ph a s e 1 Re v i e w B a c k g r o u n d D a t a 2 10 20 10 Ki c k O f f M e e t i n g - B a c k g r o u n d S u m m a r y 2 2 2 Ca l i b r a t i n g S m a r t C o d e - D r a f t 4 10 36 20 Dr a f t R e g u l a t i n g P l a n 2 10 20 10 3 3 Pr e p a r a t i o n f o r c l i e n t m e e t i n g 1 4 8 In t e r i m C l i e n t M e e t i n g 2 2 2 Dr a f t G r a p h i c s 16 Pr e p a r a t i o n f o r p r e s e n t a t i o n 1 4 4 Pr e s e n t a t i o n s t o b o t h p l a n n i n g b o a r d s 4 4 1 To t a l H o u r s 62 96 44 1 3 3 Subtotal Ph a s e 1 F e e s $5 5 8 0 $6 7 2 0 $3 0 8 0 $1 8 . 7 5 $3 0 0 $3 0 0 $15,999 Ph a s e 2 10 Vi s u a l p r o d u c t i o n 4 40 10 10 40 Sm a r t C o d e a n d R e g u l a t i n g P l a n e d i t s 1 10 20 10 40 In t e r i m C l i e n t M e e t i n g 3 3 3 Fi n a l p r e s e n t a t i o n p r e p , e d i t s t o d r a f t r e p o r t 2 20 10 10 40 Fi n a l p r e s e n t a t i o n s t o b o t h p l a n n i n g b o a r d s 3 3 3 Fi n a l r e p o r t e d i t s 3 20 10 10 80 4 4 To t a l H o u r s 96 56 46 20 0 4 4 Subtotal Ph a s e 2 F e e s $8 6 4 0 $3 9 2 0 $3 2 2 0 $3 7 5 0 $4 0 0 $4 0 0 $20,330 To t a l P r o j e c t C o s t $36,328.75 Ph a s e 1 F u n d i n g S o u r c e s : J a n u a r y - M a y 2 0 1 3 To m p k i n s C o u n t y G r a n t - P r o f e s s i o n a l $8 , 0 0 0 To w n o f I t h a c a $4 , 0 0 0 Ci t y o f I t h a c a $4 , 0 0 0 Ph a s e 1 T o t a l $1 6 , 0 0 0 Ph a s e 2 F u n d i n g S o u r c e s : J u n e - S e p t e m b e r 2 0 1 3 To m p k i n s C o u n t y G r a n t - I n t e r n $1 , 8 7 5 50 % o f s t u d e n t w a g e s To w n o f I t h a c a $4 , 0 0 0 Ci t y o f I t h a c a $4 , 0 0 0 Co r n e l l U n i v e r s i t y $1 , 8 7 5 50 % o f s t u d e n t w a g e s Pa r k F o u n d a t i o n / O t h e r G r a n t s T B D $8 , 5 7 9 Ja n 6 d e a d l i n e f o r P a r k Ph a s e 2 T o t a l $2 0 , 3 2 9 Fu n d i n g T o t a l $3 6 , 3 2 8 . 7 5 STREAM /streem/ verb 1.to move or proceed continuously like a flowing stream, as a procession. Collaborative /kə-la-bə-rā-tiv/ noun 1.an entity working jointly with others or together especially in an intellectual endeavor FIRM PROFILE STREAM Collaborative is a nimble and effective architecture and landscape architecture firm founded in 2012 by Noah Demarest. With a strong local first focus and emphasis on collaboration, Noah has been invited to work with other architects, landscape architects, engineers and designers to add his skills and depth of experience to produce compelling graphics and thorough construction documents for projects of all sizes. The firm is grounded in advanced digital technologies developed for the effective communication of design ideas and construction drawings including dedication to the new paradigm of Building Information Modeling (BIM). Noah has over 8 years of experience using and teaching Autodesk Revit, the leading BIM software for the architecture and engineering industry and Google Sketchup, an incredibly simple yet effective 3D modeling tool. In addition to Revit, STREAM uses a combination of drafting, rendering, and presentation applications including AutoCAD, 3D-Studio, Sketchup, Photoshop, Illustrator, and InDesign. Through STREAM, Noah is able to expand his capabilities by bringing on a variety of associates, with their own creativity and skill sets, to help discover creative solutions -- enhancing the built environment of our local community and region. CONTACT Noah Demarest RA, RLA, LEED AP principal noah@streamcollaborative.com 607.216.8802 www.streamcollaborative.com NOAH DEMAREST RA, RLA, LEED AP Noah Demarest serves as principal of STREAM Collaborative. He is a licensed and registered Architect and Landscape Architect, LEED Accredited Professional and was recently appointed to the City of Ithaca Planning & Development Board. His unconventional path to architecture began as an independent graphic and website designer before working as an architectural job captain and a senior landscape architect. With experience designing and managing projects of all scales, Noah has worked on large urban master plans of nearly 500 acres down to the smallest site elements such as a single park bench made from salvaged materials. Today Noah leads the design of campus, commercial, and municipal projects as well the design of single and multi- family housing. He also continues to provide graphic and web design services, teaches professional workshops for both Autodesk Revit and Google Sketchup, and tirelessly renovates his home in Ithaca's wonderful “old urban” Fall Creek Neighborhood. EDUCATION •M.L.A. ‘02 Cornell University •B.S. Design and Environmental Analysis ‘98 Cornell University PROFESSIONAL •Registered Architect in New York State •Registered Landscape Architect in New York State •Member of Ithaca Green Building Alliance •LEED Accredited professional •Member of City of Ithaca Planning & Development Board EXPERIENCE •2012-Present STREAM Collaborative Architecture + Landscape Architecture, Ithaca, NY •2007 – 2012 Trowbridge Wolf Michaels Landscape Architects LLP, Ithaca, NY - Sr. Landscape Architect •2005 – 2007 Union Studio Architects (formerly Donald Powers Architects), Providence, RI - Project Manager and Job Captain •2005 – 2007 Sunnywood Designs Inc., Ithaca, NY - Board of Directors •1998 – 2005 Tallman & Demarest Architects, LLP, Ithaca, NY - Architectural Designer •2001 – 2005 Deviron LLC, Ithaca, NY - Principal Designer and CEO •1998 –2000 Demarest Studios, Ithaca, NY - Freelance Designer TEACHING •Fall 2010 - PresentTC3.Biz Professional Workshops – Ithaca, NY Revit Level 1 & 2– Intro & Advanced Autodesk Revit Architecture •Spring 2011 - PresentTC3.Biz Professional Workshops – Ithaca, NY Introduction to Sketchup •Spring 2004 Cornell University – Ithaca, NY Instructor: Integrating Theory & Practice Senior Landscape Architecture 5-credit studio. •Fall 2001 Cornell University – Ithaca, NY Teaching Assistant: Site Engineering II – advanced site grading for graduate and undergraduate students SOFTWARE SKILLS •AutoCAD – release 12 through 2013 •Autodesk Revit – advanced parametric Building Information Modeling beginning with version 4.0 through 2013. •SketchUp Pro – expert user including teaching experience in 3D modeling, rendering and presentation •Adobe Suite – advanced techniques in vector and raster digital manipulation including Photoshop, Illustrator and InDesign •Microsoft Office – experienced user of complete suite STREAMCOLLABORATIVE SELECT PROJECTS Projects completed with others. TWM=Trowbridge Wolf Michaels Landscape Architects, USA=Union Studio Architects, TDA=Tallman & Demarest Architects Housing •Breckenridge Place, Ithaca, NY - Landscape Architect including site design for 6-story affordable housing building located at the former Women's Community Building TWM •Belle Sherman Cottages, Ithaca, NY – Landscape Architect including site design and facade design for 19 new market rate single family homes and 10 new townhouse units (LEED ND pending) TWM •The Village at SUNY Oswego, NY – Landscape Architect including site design for new 350 bed student townhouses (LEED Homes Silver) TWM •Holly Creek Townhouses, Ithaca, NY – Landscape Architect including site design for 22 affordable townhouse units developed by Ithaca Neighborhood Housing Services (LEED Homes pending) TWM •Ithaca Gun Factory Condominiums, Ithaca, NY – Landscape Architect for concept and demolition phase TWM •Catherine Place, Bristol, RI – Job Captain for eight infill affordable housing units USA •Greater Elmwood Redevelopment, Providence, RI – Job Captain for historic tax credit project including the renovation and new construction of affordable housing USA •San Juan Passage, Seattle, WA – Job Captain for site planning and conceptual design of 100 market rate units USA Commercial •South Hill Business Campus Master Plan, Ithaca, NY – Landscape Architect TWM •Hangar Theatre Renovation, Ithaca, NY – Landscape Architect including site design TWM •Simeon's Restaurant Expansion, Ithaca, NY – Design Architect for feasibility and concept phase •Mama Goose Relocation, Ithaca, NY – Design Architect for feasibility and concept phase •YMCA of Ithaca and Tompkins County Addition, Lansing, NY – Architectural Designer including construction documents and visualization TDA •Town Hall, Lansing, NY – Architectural Designer TDA •Ithaca Shopping Plaza, Ithaca, NY – Architectural designer for facade improvements TDA Higher Education •Ithaca College Master Plan – Landscape Architect including development of campus vision through year 2020 TWM •Broome Community College Science Building – Landscape Architect including site design (LEED NC pending) TWM •SUNY Oswego Science and Technology Building – Landscape Architect including site design (LEED NC pending) TWM •SUNY Oswego Facilities Master Plan – Landscape Architect TWM •SUNY Oneonta Milne Library Plaza – Landscape Architect TWM Parks & Recreation •Lehigh Valley trail improvements, Mendon, NY – Architect for Rochester Junction Pavilion TWM •Southtowns Connector, Buffalo, NY – Landscape Architect for enhanced node design along Outer Harbor waterfront trail TWM •Streetscape enhancements, Seneca Falls, NY – Architect/Landscape Architect for Pavilion and Elizabeth Cady Stanton Overlook TWM •Niagara Falls State Park Goat Island landscape improvements, Niagara Falls, NY – Landscape Architect including visualization and construction documents TWM •Lakeview Golf Course Feasibility Study, Dryden, NY – Primary author of economic analysis and conceptual recommendations TDA Environmental Planning •Brownfield Opportunity Area Draft Nomination study, Niagara Falls, NY Landscape Architect TWM •Brownfield Opportunity Area Draft Nomination study, Rome, NY Landscape Architect TWM •Main Street Design Guidelines, Rome, NY – Landscape Architect TWM •Cornell University Generic Transportation EIS, Ithaca, NY – Landscape Architect and illustrator TWM •Cornell University Milstein Hall EIS, Ithaca, NY – Website design and report coordination TWM STREAMCOLLABORATIVE Residential •Walsh Residence and Gallery, Burdett, NY – Architect for site master plan, bedroom and gallery addition TWM •Reilly Barn Conversion, Newfield, NY – Architect for exterior fenestration and interior space planning •Hedrick Residence, Locke, NY – Architect for master plan and kitchen addition •Fox/Zifchock Residence, Ithaca, NY – Architect for contemporary healthy home •McRae Residence, Lodi, NY – Landscape Architect for Seneca Lake home and guest house TWM •American Cottage, Warwick, NY – Job Captain for award winning single-family residence USA •Private Residence, Westport, MA – Job Captain for award winning residence USA •Benson Residence, Lansing, NY - Job Captain for earth sheltered home TDA •Bowes Residence, Ithaca, NY – Architectural designer and job captain for craftsman style lake house on Cayuga Lake TDA •Sidle Residence, Ithaca, NY – Job captain for contemporary home TDA STREAMCOLLABORATIVE Planning Made Simple About Us Randall West is in the business of developing evidence-based planning and communications strategies. We support community planning through impact and other research studies, visioning, charettes, and policy analysis. Our work unlocks technically sophisticated analysis with clarity that empowers citizens and decisionmakers to act on projects from the scale of a single parcel to the region and beyond. Our unique experience in planning, communication, and design allows our projects to not only answer important questions but also build progress toward action. We take a multidisciplinary approach to planning, working to engage the most critical audiences in the community. From this, credible, accurate, insight guides decisions based on research. It takes a community to build a community. Randall West brings a collaborative approach to our work and your projects. We’re building a community of practitioners, bringing together developers, designers, industry, government, and citizens to move good projects forward. Contact: Randall-West.com C.J. Randall 309 West Green Street Ithaca, NY 14850 (585) 454-9775 cjr222@cornell.edu David West 225 Cleveland Ave. Ithaca, NY 14850 (607)216-8146 djw267@cornell.edu C.J. RANDALL Planning • Policy • Research 309 West Green Street, Ithaca, NY 14850 • (585) 454-9775 • cjr222@cornell.edu C.J. Randall serves as a Principal of Upstate Research Group. She is a researcher and planner with a focus on energy efficiency and local economic revitalization in upstate New York. She has extensive experience with public participation and communication designed to engage the public. Her recent work includes a parking inventory and study for Ithaca’s Collegetown. She conducts site plan review and coordinated review of SEQR determinations as a member of the City of Ithaca Conversation Advisory Council. Her work on the potential local economic and legal im- pacts of energy development for the Community and Regional Development Institute has been circulated by the New York State Assembly and the Maryland Department of the Environment. EDUCATION Cornell University, College of Architecture, Art, and Planning, Ithaca, NY Master of Regional Planning, August 2011 Florida Atlantic University, College of Arts and Letters, Boca Raton, FL Bachelor of Arts, Multimedia Journalism, May 2009 RELEVANT EXPERIENCE Principal, 2012 Upstate Research Group, Ithaca, NY • Conducts research and data analysis for environmental compliance (SEQR, regulatory agencies) • Collaboratively prepares technical reports for clients and peer review • Directs project management and communication strategies Policy Researcher, 2011 Community & Regional Development Institute, Ithaca, NY • Summarized the revised draft NYS Department of Environmental Conservation supplemen- tal environmental impact statement on high-volume hydraulic fracturing of natural gas • Presented review of community and environmental impacts to elected and appointed offi- cials, regional planning agencies, and community leaders in written reports and interactive webinars • Provided research support on federal and state environmental review (NEPA and SEQR) processes to team of senior staff economists, academics, and extension associates C.J. RANDALL Page 2 Energy Fellow, 2010 The Sustainability Consortium, Tempe, AZ • Collaborated with a team of engineers to conduct planning study for anaerobic digester systems with combined heat and power for upstate New York dairy farms • Calculated payback analysis based on capital costs per kWh and performance incentives from utilities, state energy authorities, and the EPA AgSTAR program • Prepared technology transfer briefs on net metering gas-to-electricity rebates, local permit- ting, energy cooperatives, and transportation costs PROJECTS Collegetown Crossing Development, Ithaca, NY Collegetown Parking Study, Ithaca, NY Community Land Trusts: An Analysis of Three Housing Markets, Ithaca, NY The Economic Consequences of Marcellus Shale Gas Extraction, Community & Regional Development Institute, Ithaca, NY; funded by The Heinz Endowments, the Park Founda- tion, and the Atkinson Center for a Sustainable Future Combined Heat and Power with Biomass and Geothermal in New York State, Ithaca, NY; funded by the Atkinson Center for a Sustainable Future PUBLICATIONS Randall, C.J. and R. Shamieh, “A Comprehensive Look at updates to the NYSDEC September 2011 revised draft SGEIS,” Community & Regional Development Institute Report, November 2011. Randall, C.J. “Hammer Down: A Municipal Guide to Protecting Local Roads in New York State,” in ‘The Economic Consequences of Marcellus Shale Gas Extraction: Key Is- sues’ CaRDI Report, Vol 11: 14-15 (2011). Randall, C.J. “Hammer Down: A Municipal Guide to Protecting Local Roads in New York State,” Cornell University Working Paper Series, December 2010. Baechler, N., M. Green, L. Lu, C.J. Randall, and J. Schwartz. “Combined Heat and Power with Biomass and Geothermal in New York State,” 2010. Cajina, A., K. Pace, A. Patterson, and C.J. Randall. “How Local Policies Can Support the Development of Green Jobs,” CaRDI Report, Vol. 12: 22-24 (2010). SKILLS Adobe CS5.5 • JEDI • IMPLAN • Qualtrics • LexisNexis AFFILIATIONS City of Ithaca Conservation Advisory Council American Planning Association, Upstate New York chapter DAVID WEST Planning • Policy • Research 225 Cleveland Ave, Ithaca, NY 14850 • (607) 319-9099 • djw267@cornell.edu David West serves as a Principal of Randall West where he supports projects and research driving the development and transition toward more livable communities. David has experience designing and facilitating public involvement and community visioning processes, and particular expertise in New Urbanism, Smart Growth and green building. He previously led Design Connect, an interdisciplinary Community Design Center at Cornell University where he oversaw organizational development and community outreach. David’s recent work includes teaching a graduate level GIS course at Cornell University, completing an impact study for a mixed use, car free development, co-creating an upcycled furniture boutique and publishing an articles in Planning Magazine and the Journal for Planning Education and Research. EDUCATION Cornell University, College of Architecture, Art, and Planning, Ithaca, NY Master of Regional Planning, August 2011 Humboldt State University, College of Arts and Sciences, Arcata, CA Bachelor of Arts, Liberal Studies, May 2006 RELEVANT EXPERIENCE Principal, 2012 Randall West, Ithaca, NY • Research, analysis and report production for sustainability related projects including a Parking Demand Management study for Collegetown Crossing project. GIS analysis. Mar- keting and public relations. Creating implementation strategies Negotiation, mediation and building political support. Executive Director, 2009-2011 DesignConnect, Ithaca, NY • DesignConnect is a collaborative of future Architects, Landscape Architects and Planners at Cornell University. Approximately 70 students volunteer each semester, completing par- ticipatory design and planning projects in Upstate NY. www.designconnectcornell.com • Executive Director: Reformed organizational structure. Created succession plan and clear policies for the future. Facilitated goal setting and long term strategic planning. Created a training campaign for 130 volunteers. Oversaw 14 teams from process generation through final design work. Quadrupled recruitment and the annual operating budget. Implemented improved marketing strategy. • Planner. Brand Park Master Plan. Developed participation plan for park redesign. Cre- ated policy memo for adaptive reuse of historic structures. Engaged stakeholders and of- ficials. Lead community charrette with 53 attendees. Developed conceptual masterplan. Executive Intern, 2010 Ithaca Neighborhood Housing Services, Ithaca, NY • Worked directly with Executive Director. Analyzed fledgling Community Land Trust pro- gram. Evaluated potential for buyer driven acquisition program. Completed survey of simi- lar CLTs. Determined ideal program components and organizational structure. Studied taxation of resale restricted housing and CLT’s in New York state. Authored policy brief submitted to the Office of Real Property Services on behalf of INHS. Planner, 2006-2009 Camp, Dresser and McKee, Inc. (CDM), Seattle, WA • Contributing Author. Sustainable Airport Planning, Design & Construction Guide- lines, Los Angeles World Airports. Los Angeles, CA. Authored all performance stan- dards for the Landside Planning, Landscape Design, and Landscape Maintenance sections as well as several Materials and Resources performance standards based on a fusion of the industry’s most advanced best practices and visioning documents. The most advanced airport specific sustainability guidelines in the world. Presented at Fourth Annual AAAE Aviation Air Quality Conference, Boulder, CO, January 28, 2008 and was adopted by more than 25 additional airports around the world within 1 year. • LEED Certification Specialist. Swift Wells Pump House, Boise, ID. Conducted a fast- track preliminary analysis of the feasibility of attaining LEED Certification for a proposed pump house building and site. Created a ranked list of optional design changes intended to showcase the client’s commitment to sustainability on a tight budget. • Project Assistant. Light Rail Pedestrian/Bicycle Safety Study, TriMet, Portland, OR. Collected and reviewed 21 current best management practices and safety design guidelines documents. Reviewed compliance at 14 light rail crossings with current best management practices. Developed report outlining compliance with current best management practices and opportunities for safety improvements. Set a new standard for regional light rail safety and design liability. • Planner/Graphic Designer. Puget Sound Water Supply Outlook, Puget Sound Water Suppliers’ Forum. Supported research on the cost and efficiency of sustainable water sup- ply/conservation alternatives. Provided graphic design for report. • Planner. Northwest Quadrant Development, Suburban Land Reserve, Salt Lake City, UT. Supported the creation of a technical memo outlining potential for sustainable new urbaninst development on the site of a closed landfill, included options for bioenergy reuse for sustainable power and transportation system. Supported the creation of a technical memo on stormwater conditions and opportunities. Coordinated GIS and graphic devel- opment and ensured technical accuracy and consistency throughout the document. • Project Assistant. Mobile vs. ALDOT, City of Mobile, AL. Assisted in gathering informa- tion in defense of the client’s suit to increase spill containment measures in an environmen- tally sensitive area. Performed available BMP and guidance document review, gathered information, including GIS data from ALDOT, and assisted in the editing and presentation of the report to the client. Project Coordinator, 2006 Heery International, Seattle, WA Heery International • Project Coordinator. School Closure and Consolidation Program, Seattle Public Schools, Seattle. Acted as a liaison between district administrators and school staff, at- tended regular district Consolidation Task Force meetings, and relayed policy decisions at each school’s staff meetings. Met individually with each teacher, principal, and custodian to determine individual needs and concerns. Created capital asset inventories and consolida- tion plans for 8 schools. Developed detailed move schedules dovetailing multi-part moves and construction activities to fit the entire program into 25 working days between school sessions. PUBLICATIONS West, David and Balassiano, Katia. “Seeking the Studio Experience Outside the Studio Course” Journal of Planning Education and Research, December 2012; vol. 32, 4: pp. 465-475., first published on August 7, 2012 West, David. “Valuation of community land trust homes in New York State” Journal of Property Tax Assessment & Administration, Vol. 8, No. 4, (2011): 15-24 West, David, Knipe, Tom, and Christopherson, Susan. “Frack or Bust” Planning Magazine, v78 n4 (2012 04 01): 8-12 West, David. “Taking the “wonk” out of transportation ideas” New Urban News. June 28, 2011 West, David. “Evaluating metrics for ‘greencities’ New Urban News. July 7, 2011 West, David. “Calthorpe bashes Al Gore and ‘Enviros’ technology focus” New Urban News. July 13, 2011 West, David. “Senate transportation bill: no dedicated bike/ped funding” New Urban News. July 20, 2011 West, David. “‘Urban acupuncture’ touted for cash-strapped cities” New Urban News. July 28, 2011 West, David. “DOT survey parses the meaning of ‘livability’” New Urban News. Aug 4, 2011 West, David. “Bringing back Mount Morris” New Urban News. Aug 5, 2011 REPORTS Local and Regional Effects of Marcellus Shale Development on Housing – Client workshop for Tompkins and Schuyler Counties. Presentation of webinar for local officials Parcel Prioritization for Central Indiana Land Trust Inc. Green Infrastructure – For CILTI partnership with The Conservation Fund. GIS analysis recommending best parcels and major owners based on parcel connectivity, habitat quality, and key species across 9 county area. Comprehensive Plan for the Village of Cayuga Heights – Theoretical plan for Land Use Planning class. Clients: Cayuga Heights Planning Board Alternative Home Ownership Models for Affordable Housing – Illustrated guide to alternatives to traditional single-family homeownership. Affordable housing class Cornell Employer Assisted Housing – Model program prepared for Cornell Real Estate and Human Resources collaborative. Masterplan for Brand Park – Conceptual design and implementation plan for City of Elmira, Department of Community Development Cohousing Urban Design Guidelines – Guide to designing cohousing communities for Physical Planning class SKILLS ArcGIS 8-10.1 • Adobe Creative Suite • Sketch Up • Qualtrics • LexisNexis AFFILIATIONS US Green Building Council Planner’s Network Congress for New Urbanism American Planning Association, Upstate New York chapter Item # F1 ItItem CITY OF ITHACA 108 East Green Street — 3rd Floor Ithaca, New York 14850-5690 DEPARTMENT OF PLANNING AND DEVELOPMENT JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT Telephone: Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6559 Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org Fax: 607-274-6558 Fax: 607-274-6558 To: Planning and Development Committee From: Jennifer Kusznir, Economic Development Planner Date: December 3, 2012 RE: Proposal to Amend the CBD-60 Zoning District The purpose of this memo is to provide information regarding a proposal to rezone portions of the CBD district. On April 6, 2011, the Common Council passed a resolution strongly endorsing the Downtown Ithaca Alliance’s Downtown Ithaca 2020 Strategic Plan. This plan provides a comprehensive vision for the future of downtown and lays out goals, objectives and action tasks needed to achieve this vision. Over the past few months a working group consisting of the Mayor, two Common Council members, a member of the Planning Board, Gary Ferguson from the DIA, and members of the Planning staff have been evaluating the existing downtown zoning designations in order to match them to the goals established by this plan. In order to achieve these goals it is necessary to increase density in the core while preserving the pedestrian experience along the street frontage. Enclosed for your review is a map showing the proposed changes to the downtown zoning districts. Staff is recommending various changes in height in the areas surrounding the Commons while maintaining a maximum height of 60’ on the building fronts located on the Commons. In addition, a new zone entitled CBD-T is being proposed for West MLK JR./State Street. This is a transitional zone that would retain a pedestrian scale along the street front, but would also allow for taller development towards the rear of the parcels. By maintaining a maximum height at the street front of 40 feet, the rear portion of a building can be up to 55 feet in height without the additional height being visible from the street, if it is stepped back a distance of 30 feet from the front of the building. Additionally, if a building is stepped back 45 feet from the front of the stepped back potion of the building, it can go up to 80 feet in height without being visible from the street. The draft ordinance to establish this new zoning district is also enclosed for your review. If the Committee is in agreement, staff will circulate the proposal for comment and return next month for further discussion. If you have any concerns or questions regarding any of this information, feel free to contact me at 274-6410. 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1 a B- 1 a B- 1 a B- 1 a B- 1 a B- 1 a B- 1 a B- 1 a B- 1 a B- 1 a B- 1 a B- 1 a B- 1 a B- 1 a B- 1 a B- 1 a B- 2 a B- 2 a B- 2 a B- 2 a B- 2 a B- 2 a B- 2 a B- 2 a B- 2 a B- 2 c B- 2 c B- 2 c B- 2 c B- 2 c B- 2 c B- 2 c B- 2 c B- 2 c B- 2 c B- 2 c B- 2 c B- 2 c B- 2 c B- 2 c B- 2 c B- 2 c B- 2 c B- 2 c B- 2 c B- 2 c B- 2 c B- 2 c B- 2 c B- 2 c B- 2 c B- 2 c B- 2 c B- 2 c B- 2 c B- 2 c B- 2 c B- 2 c B- 2 c B- 2 c B- 2 c B- 2 c B- 2 c B- 2 c B- 2 c B- 2 c B- 2 c B- 2 c B- 2 c B- 2 c B- 2 c B- 2 c B- 2 c B- 2 c B- 2 c B- 2 c B- 2 c B- 2 c B- 2 c B- 2 c B- 2 c B- 2 c B- 2 c B- 2 c B- 2 c B- 2 c B- 2 c B- 2 c B- 4 B- 4 B- 4 B- 4 B- 4 B- 4 B- 4 B- 4 B- 4 CB D - 6 0 CB D - 6 0 CB D - 6 0 CB D - 6 0 CB D - 6 0 CB D - 6 0 CB D - 6 0 CB D - 6 0 CB D - 6 0 B- 4 B- 4 B- 4 B- 4 B- 4 B- 4 B- 4 B- 4 B- 4 B- 4 B- 4 B- 4 B- 4 B- 4 B- 4 B- 4 B- 4 B- 4 CB D - 6 0 CB D - 6 0 CB D - 6 0 CB D - 6 0 CB D - 6 0 CB D - 6 0 CB D - 6 0 CB D - 6 0 CB D - 6 0 CB D - 6 0 CB D - 6 0 CB D - 6 0 CB D - 6 0 CB D - 6 0 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d B- 2 d B- 2 d B- 2 d B- 2 d B- 2 d B- 2 d B- 2 d B- 2 d B- 2 d B- 2 d B- 2 d B- 2 d B- 2 d B- 2 d B- 2 d B- 2 d B- 2 d B- 2 d B- 2 d P- 1 P- 1 P- 1 P- 1 P- 1 P- 1 P- 1 P- 1 P- 1 P- 1 P- 1 P- 1 P- 1 P- 1 P- 1 P- 1 P- 1 P- 1 P- 1 P- 1 P- 1 P- 1 P- 1 P- 1 P- 1 P- 1 P- 1 R- 2 a R- 2 a R- 2 a R- 2 a R- 2 a R- 2 a R- 2 a R- 2 a R- 2 a P- 1 P- 1 P- 1 P- 1 P- 1 P- 1 P- 1 P- 1 P- 1 P- 1 P- 1 P- 1 P- 1 P- 1 P- 1 P- 1 P- 1 P- 1 R- 1 a R- 1 a R- 1 a R- 1 a R- 1 a R- 1 a R- 1 a R- 1 a R- 1 a P- 1 P- 1 P- 1 P- 1 P- 1 P- 1 P- 1 P- 1 P- 1 R- 1 b R- 1 b R- 1 b R- 1 b R- 1 b R- 1 b R- 1 b R- 1 b R- 1 b P-1P-1P-1P-1P-1P-1P-1P-1P-1 P- 1 P- 1 P- 1 P- 1 P- 1 P- 1 P- 1 P- 1 P- 1 R- 2 a R- 2 a R- 2 a R- 2 a R- 2 a R- 2 a R- 2 a R- 2 a R- 2 a CB D - 6 0 CB D - 6 0 CB D - 6 0 CB D - 6 0 CB D - 6 0 CB D - 6 0 CB D - 6 0 CB D - 6 0 CB D - 6 0 B- 2 a B- 2 a B- 2 a B- 2 a B- 2 a B- 2 a B- 2 a B- 2 a B- 2 a P- 1 P- 1 P- 1 P- 1 P- 1 P- 1 P- 1 P- 1 P- 1 P-1P-1P-1P-1P-1P-1P-1P-1P-1 CB D - 8 5 CB D - 8 5 CB D - 8 5 CB D - 8 5 CB D - 8 5 CB D - 8 5 CB D - 8 5 CB D - 8 5 CB D - 8 5 R-2bR-2bR-2bR-2bR-2bR-2bR-2bR-2bR-2b B- 2 d B- 2 d B- 2 d B- 2 d B- 2 d B- 2 d B- 2 d B- 2 d B- 2 d B- 2 d B- 2 d B- 2 d B- 2 d B- 2 d B- 2 d B- 2 d B- 2 d B- 2 d B- 2 d B- 2 d B- 2 d B- 2 d B- 2 d B- 2 d B- 2 d B- 2 d B- 2 d WE D Z - 1 b WE D Z - 1 b WE D Z - 1 b WE D Z - 1 b WE D Z - 1 b WE D Z - 1 b WE D Z - 1 b WE D Z - 1 b WE D Z - 1 b CB D - 8 5 CB D - 8 5 CB D - 8 5 CB D - 8 5 CB D - 8 5 CB D - 8 5 CB D - 8 5 CB D - 8 5 CB D - 8 5 WE D Z - 1 b WE D Z - 1 b WE D Z - 1 b WE D Z - 1 b WE D Z - 1 b WE D Z - 1 b WE D Z - 1 b WE D Z - 1 b WE D Z - 1 b CB D - 1 0 0 CB D - 1 0 0 CB D - 1 0 0 CB D - 1 0 0 CB D - 1 0 0 CB D - 1 0 0 CB D - 1 0 0 CB D - 1 0 0 CB D - 1 0 0 CB D - 1 0 0 CB D - 1 0 0 CB D - 1 0 0 CB D - 1 0 0 CB D - 1 0 0 CB D - 1 0 0 CB D - 1 0 0 CB D - 1 0 0 CB D - 1 0 0 R- 2 a R- 2 a R- 2 a R- 2 a R- 2 a R- 2 a R- 2 a R- 2 a R- 2 a R- 2 a R- 2 a R- 2 a R- 2 a R- 2 a R- 2 a R- 2 a R- 2 a R- 2 a SW - 2 SW - 2 SW - 2 SW - 2 SW - 2 SW - 2 SW - 2 SW - 2 SW - 2 R-1bR-1bR-1bR-1bR-1bR-1bR-1bR-1bR-1b CB D - 1 2 0 CB D - 1 2 0 CB D - 1 2 0 CB D - 1 2 0 CB D - 1 2 0 CB D - 1 2 0 CB D - 1 2 0 CB D - 1 2 0 CB D - 1 2 0 CB D - 1 0 0 CB D - 1 0 0 CB D - 1 0 0 CB D - 1 0 0 CB D - 1 0 0 CB D - 1 0 0 CB D - 1 0 0 CB D - 1 0 0 CB D - 1 0 0 CB D - 1 0 0 CB D - 1 0 0 CB D - 1 0 0 CB D - 1 0 0 CB D - 1 0 0 CB D - 1 0 0 CB D - 1 0 0 CB D - 1 0 0 CB D - 1 0 0 CB D - 1 0 0 CB D - 1 0 0 CB D - 1 0 0 CB D - 1 0 0 CB D - 1 0 0 CB D - 1 0 0 CB D - 1 0 0 CB D - 1 0 0 CB D - 1 0 0 CB D - 1 0 0 CB D - 1 0 0 CB D - 1 0 0 CB D - 1 0 0 CB D - 1 0 0 CB D - 1 0 0 CB D - 1 0 0 CB D - 1 0 0 CB D - 1 0 0 CB D - 1 0 0 CB D - 1 0 0 CB D - 1 0 0 CB D - 1 0 0 CB D - 1 0 0 CB D - 1 0 0 CB D - 1 0 0 CB D - 1 0 0 CB D - 1 0 0 CPOZCPOZCPOZCPOZCPOZCPOZCPOZCPOZCPOZ CB D - 6 0 CB D - 6 0 CB D - 6 0 CB D - 6 0 CB D - 6 0 CB D - 6 0 CB D - 6 0 CB D - 6 0 CB D - 6 0 B- 1 a B- 1 a B- 1 a B- 1 a B- 1 a B- 1 a B- 1 a B- 1 a B- 1 a R- 3 a a R- 3 a a R- 3 a a R- 3 a a R- 3 a a R- 3 a a R- 3 a a R- 3 a a R- 3 a a R- 3 a a R- 3 a a R- 3 a a R- 3 a a R- 3 a a R- 3 a a R- 3 a a R- 3 a a R- 3 a a R- 2 b R- 2 b R- 2 b R- 2 b R- 2 b R- 2 b R- 2 b R- 2 b R- 2 b R- 3 a R- 3 a R- 3 a R- 3 a R- 3 a R- 3 a R- 3 a R- 3 a R- 3 a R- 2 b R- 2 b R- 2 b R- 2 b R- 2 b R- 2 b R- 2 b R- 2 b R- 2 b R- 3 a R- 3 a R- 3 a R- 3 a R- 3 a R- 3 a R- 3 a R- 3 a R- 3 a R- 3 a a R- 3 a a R- 3 a a R- 3 a a R- 3 a a R- 3 a a R- 3 a a R- 3 a a R- 3 a a R-3aR-3aR-3aR-3aR-3aR-3aR-3aR-3aR-3a R- 3 a R- 3 a R- 3 a R- 3 a R- 3 a R- 3 a R- 3 a R- 3 a R- 3 a R- 3 a a R- 3 a a R- 3 a a R- 3 a a R- 3 a a R- 3 a a R- 3 a a R- 3 a a R- 3 a a R- 3 a R- 3 a R- 3 a R- 3 a R- 3 a R- 3 a R- 3 a R- 3 a R- 3 a R- 3 a a R- 3 a a R- 3 a a R- 3 a a R- 3 a a R- 3 a a R- 3 a a R- 3 a a R- 3 a a R- 3 a R- 3 a R- 3 a R- 3 a R- 3 a R- 3 a R- 3 a R- 3 a R- 3 a R- 3 a a R- 3 a a R- 3 a a R- 3 a a R- 3 a a R- 3 a a R- 3 a a R- 3 a a R- 3 a a Pr o p o s e d D o w n t o w n R e z o n i n g - N o v e m b e r 2 0 1 2 NY S t a t e P l a n e , C e n t r a l G R S 8 0 D a t u m Ma p S o u r c e : C i t y o f I t h a c a Z o n i n g 2 0 0 9 O r d i n a n c e Ma p P r e p a r e d b y : G I S P l a n n i n g , C i t y o f I t h a c a , N Y , 29 October 2012 R- 3 a R- 3 a a R- U R- 3 b R- 2 b R- 1 a R- 1 b R- 2 a R- 2 c CB D - 6 0 B- 2 d B- 4 B- 5 B- 2 a B- 1 a B- 2 b B- 2 c B- 1 b MH - 1 CB D - 8 5 CB D - 1 0 0 CB D - 1 2 0 WE D Z - 1 a P- 1 U- 1 I- 1 C- S U WF - 1 WF - 2 WE D Z - 1 b SW - 1 SW - 2 SW - 3 GP - A GP - B GP - C Historic District CPOZ Adult Uses Proposed Downtown Rezoning An Ordinance Amending The Municipal Code Of The City Of Ithaca, Chapter 325, Entitled “Zoning,” To Establish the CBD-T Zoning District WHEREAS, the City of Ithaca is committed to allowing maximum density in the downtown core, and WHEREAS, the City of Ithaca is also committed to preserving the active pedestrian experience along the street frontage, and WHEREAS, the City of Ithaca recognizes the importance of maintaining a human scale along the street especially in transitional areas where commercial zones are located nearby to residential districts, and WHEREAS, it is possible to maintain the human scale and still achieve maximum development potential by stepping back the height of the building out of the view from the street, and WHEREAS, by maintaining a maximum height at the street front of 40 feet, the rear portion of a building can be up to 55 feet in height without the additional height being visible from the street, if it is stepped back a distance of 30 feet from the front of the building. Additionally, if a building is stepped back 45 feet from the front of the stepped back potion of the building, it can go up to 80 feet in height without being visible from the street, therefore BE IT NOW ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: ORDINANCE NO. ____ Section 1. Chapter 325 (“Zoning”), Section 325-4 (“Zoning Districts”) of the Municipal Code of the City of Ithaca is hereby amended to establish and add the “CBD-T” central business district – transitional zone, and the District Regulations Chart, which is made a part of Chapter 325 by Section 325-8, is hereby amended by adding the following: Column 1: Use District – add “CBD-T”. Column 2: Permitted Primary Uses - 1. Any use permitted in the CBD districts Page 1 12/7/2012 Column 3: Permitted Accessory Uses – 1. Any accessory uses as permitted in the CBD districts Column 4: Off-Street Parking Requirements– None Column 5: Off-Street Loading Requirements– 1. Same as CBD Column 6: Minimum Lot Size– No Minimum Lot size Column 7: Minimum Lot Size, Width in Feet at Street Line 10 Column 8: Maximum Building Height, Number of Stories None Column 9: Maximum Height of Building, Height in Feet No building shall be erected that is greater than 40’ at the street front. Buildings may step up to 55’ in height after the first 30’ of building measured horizontally from the property line. Buildings may step up to 80’ in height after the first 75’ of building measured horizontally from the property line. Buildings must maintain the stepback for the maximum allowed building height measured from the property line. See Also Section 325-16H. Column 10: Maximum Percent of Lot Coverage by Buildings 100%, Except as required for rear yard. Column 11: Yard Dimensions, Front, Required Minimum - None. Column 12: Yard Dimensions, Side, One Side at Least – None. Column 13: Yard Dimensions, Side, Other at Least – None. Columns 14 and 15: Yard Dimensions, Rear – 10 feet Minimum. Column 16: Minimum Height of Building/Maximum Building 35’ and a minimum of 2 stories Page 2 12/7/2012 Section 2. The Municipal Code of the City of Ithaca, is hereby amended to add a new section 325-16H, which will read as follows: 325-16. E. Notwithstanding anything to the contrary contained herein, in the CBD-T: (1) All buildings erected in the CBD-T zoning districts shall have a maximum building height at the street front of 40 feet measured horizontally from the property line. Buildings may then step up to have a maximum building height of 55’ after the first 30’ of building measured horizontally from the property line. Buildings may have an additional step up to a maximum building height of 80 feet after the first 75’ of building measured horizontally from the property line. Section 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 4. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. Page 3 12/7/2012 To: Planning Committee From: Seph Murtagh Concept Memo: Changes to City Noise Ordinance Date: November 25, 2012 The purpose of this memo is to invite the Common Council to consider adding specific decibel levels to the City of Ithaca’s noise ordinance, since the vagueness of the current ordinance has given rise to disputes over what counts as unlawful noise. As currently written, the city’s noise ordinance states that “no person shall intentionally cause public inconvenience…by making unreasonable noise or by causing unreasonable noise to be made.” The ordinance then lists a number of factors that should be considered in determining what counts as an “unreasonable noise” (the intensity of the noise, whether the noise is usual or unusual, proximity of the noise to sleeping facilities, etc.). For some situations, this list of factors is sufficient to resolve the problem. But other situations have proved more complex, producing disagreement about what exactly constitutes an “unreasonable” noise in the city and leading to accusations that the noise ordinance is vague and based on subjective opinion. So the goal of adding specific decibel levels to the noise ordinance is to clarify the rules and set an objective standard to guide interpretation of the law. Ithaca’s not alone in struggling with this issue. To help give some context, I’m including the following documents along with this memo: 1) A copy of our noise ordinance as currently written 2) A copy of “A Guide to New York City’s Noise Code” 3) A copy of a model ordinance provided by the State of New Jersey to municipalities This proposal is still in its early stages and there are a lot of questions that would need to be addressed before the city took this step. First off, is this something we want to do? Is there a critical need for it? Are there any legal issues we would need to be kept abreast of? How would it be enforced? What kind of new equipment would it entail (sound meters, etc)? How much training would it involve? Also, we would have to figure out exactly what we want to achieve from a policy standpoint. As you can tell from looking at the documents I’ve provided, there are a few different routes the city might take on this issue. We could specify decibel levels for only certain types of noise in the city, based on where we’ve had the most complaints (such as bar noise and/or mechanicals, air conditioners, HVAC units, etc.). We could establish specific decibel levels based on zoning. Or we could take a more comprehensive approach and come up with regulations that would apply throughout the whole city. For my part, I’ve seen enough disputes over this since getting on Council to make me feel that revision is needed. If this is something that the Committee is interested in pursuing, I would propose establishing a working group to study it and come up with a set of recommendations. Chapter 240, NOISE [HISTORY: Adopted by the Common Council of the City of Ithaca 9-5-1990 by Ord. No. 90-12 (Ch. 68 of the 1975 Municipal Code); amended in its entirety 4-7-2004 by Ord. No. 2004-4. Subsequent amendments noted where applicable.] GENERAL REFERENCES Assemblies and parades -- See Ch. 132. Building construction -- See Ch. 146. Dogs and other animals -- See Ch. 164. Peddling and soliciting -- See Ch. 232, Art. V. Peace and good order -- See Ch. 250. ARTICLE I, General Provisions § 240-1. Title. This chapter shall be known and may be cited as the "City of Ithaca Noise Ordinance." § 240-2. Purpose. The purpose of this chapter is to preserve the public health, peace, welfare and good order by suppressing the making, creation or maintenance of excessive, unnecessary, unnatural or unusually loud noises which are prolonged, unusual and unnatural in their time, place and use and which are detrimental to the environment. It is also the purpose of this chapter to allow all residents of the City to coexist harmoniously in a manner which is mutually respectful of the interests, rights and obligations of all persons. § 240-3. Definitions. [Amended 9-1-2004 by Ord. No. 2004-14] Unless the context otherwise clearly indicates, the words and phrases used in this chapter are defined as follows: DAYTIME HOURS -- The hours between 7:30 a.m. and 10:00 p.m., local time, on any day. EMERGENCY WORK -- Work made necessary to restore property to a safe condition following a public calamity or work necessary to protect persons or property from an imminent exposure to danger. IMPULSIVE SOUND -- A sound of short duration, usually less than one second, and of high intensity, with an abrupt onset and rapid decay. MOTOR VEHICLES -- Includes but is not limited to automobiles, trucks, buses, mopeds, minibikes and any other vehicles as defined by the Vehicle and Traffic Law of the State of New York, as it may be amended from time to time. NIGHTTIME HOURS -- The hours between 10:00 p.m., local time, on any day and 7:30 a.m. on the following day. PERSON -- Includes the singular and plural and also any individual; any property owner and/or lessee; any firm; a corporation; a political subdivision; a government agency, including any agency of the City of Ithaca; an association or an organization, including but not limited to officers, directors, employees, agents and/or independent contractors thereof; or any legal entity whatsoever. SOUND-AMPLIFYING EQUIPMENT -- Any machine or device for the amplification of the human voice, instrumental music or any other sound. As used in this chapter, "sound- amplifying equipment" shall not include warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes or authorized fire horns or other authorized emergency alarms. SOUND SOURCE -- Any person or thing from which sound is created. UNREASONABLE NOISE -- A level of sound that is injurious or annoying or disturbing to be heard. § 240-4. Unreasonable noise prohibited. [Amended 8-4-2004 by Ord. No. 2004-12] A. No person shall intentionally cause public inconvenience, annoyance or alarm or recklessly create a risk thereof by making unreasonable noise or by causing unreasonable noise to be made. B. For the purpose of implementing and enforcing the standard set forth in Subsection A of this section, "unreasonable noise" shall mean any sound created or caused to be created by any person which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of the public or which causes injury to animal life or damages to property or business. Factors to be considered in determining whether unreasonable noise exists in a given situation include but are not limited to any or all of the following: (1) The intensity of the noise. (2) Whether the nature of the noise is usual or unusual. (3) Whether the origin of the noise is associated with nature or human-made activity. (4) The intensity of the background noise, if any. (5) The proximity of the noise to sleeping facilities. (6) The nature and the zoning district of the area within which the noise emanates and of the area within 500 feet of the source of the sound. (7) The time of the day or night the noise occurs. (8) The time duration of the noise. (9) Whether the sound source is temporary. (10) Whether the noise is continuous or impulsive. (11) The volume of the noise. (12) The existence of complaints concerning the noise from persons living or working in different places or premises who are affected by the noise. C. This section shall not be interpreted to prevent the issuance of permits pursuant to § 240-14 that will authorize particular sound sources. D. "Person" defined. For the purposes of this section: (1) For an offense that occurs on any public property where permission was obtained to use that public property, a "person" shall include the person or persons who obtained permission to utilize that property for that event. (2) For an offense that occurs on private property, a "person" shall include any adult person or persons who live in or on the property that is involved in the offense. (3) For an offense that occurs after granting of a permit pursuant to Article III of this chapter, a "person" shall include the person or persons who are listed on the permit. ARTICLE II, Special Noise Sources § 240-5. Purpose of article. The provisions of this Article II complement and supplement the other provisions of this chapter and shall be interpreted and applied in accordance with and in addition to and not in lieu of those other provisions. The provisions of this article shall not be interpreted to prevent the issuance of permits pursuant to § 240-14 that will authorize particular sound sources. § 240-6. Radios, television sets and similar sound-amplifying devices. A. It shall be unlawful for any person anywhere in the city to use or to operate any radio or receiving set, musical instrument, phonograph, television set, any other machine or device for the producing or reproducing of sound or any other sound-amplifying equipment in a loud, annoying or offensive manner such that noise from the device interferes with the comfort, repose, health or safety or members of the public or recklessly creates a risk thereof, within any building or, outside of a building, at a distance of 25 feet or more from the source of such sound or interferes with the conversation of members of the public who are 25 feet or more from the source of such sound. [Amended 9-1-2004 by Ord. No. 2004-13] B. "Person" defined. For the purposes of this section: [Added 8-4-2004 by Ord. No. 2004-12] (1) For an offense that occurs on any public property where permission was obtained to use that public property, a "person" shall include the person or persons who obtained permission to utilize that property for that event. (2) For an offense that occurs on private property, a "person" shall include any adult person or persons who live in or on the property that is involved in the offense. (3) For an offense that occurs after granting of a permit pursuant to Article III of this chapter, a "person" shall include the person or persons who are listed on the permit. § 240-7. Parties and other social events. A. It shall be unlawful for any person in charge of a party or other social event that occurs on any private or public property to allow that party or event to produce noise in a loud, annoying or offensive manner such that noise from the party interferes with the comfort, repose, health or safety of members of the public within any building or, outside of a building, or recklessly creates the risk thereof, at a distance of 25 feet or more from the source of such sound. [Amended 9-1-2004 by Ord. No. 2004-13] B. For the purposes of this section, a "person in charge of a party or other social event": [Amended 9-1-2004 by Ord. No. 2004-13] (1) That occurs on any public property shall include the person or persons who obtained permission to utilize that property for that event. (2) That occurs on private property shall include the person who owns the premises involved and any adult person who lives in or on the premises involved in such party or social event. (3) Shall include the person who is listed on a permit granted pursuant to Article III of this chapter with respect to such event. C. For any violation of this section where beer is being served from a keg on the premises, the person to whom the keg is registered shall be presumed to be responsible for the violation, in addition to any person designated in Subsection A or B above. § 240-8. Hawkers and peddlers. It shall be unlawful for any person to advertise, promote or sell anything by outcry within any area of the City zoned for residential uses. The provisions of this section shall not be construed to prohibit the selling by outcry of merchandise, food and beverages at licensed sporting events, parades, fairs, circuses and other similar licensed public entertainment events. § 240-9. Machinery. It shall be unlawful for any person to operate or repair any machinery, motor vehicle, construction equipment or other equipment, pump, fan, air-conditioning apparatus or similar mechanical device or to engage in any commercial or industrial activity in any manner so as to create unreasonable noise as defined in § 240-4 of this chapter. In making such determination with respect to the matters governed by this section, additional factors to be considered shall include: A. The necessity of the work being done. B. The ability of the creator of the noise to minimize or reduce the amount of noise created or to otherwise minimize its adverse effects. § 240-10. Construction during nighttime hours. A. Except for the purposes specified in Subsection B hereunder, during nighttime hours it shall be unlawful for any person within a residential zone or within 500 feet of a residential zone to operate construction equipment (including but not limited to any pile driver, steam shovel, pneumatic hammer, derrick or steam or electric hoist) or perform any outside construction or repair work so as to create noise. Any designated official of the City of Ithaca shall give a verbal warning that the violation exists and of the penalties that may result if the violation continues. B. This section shall not be deemed to prohibit: (1) Work of an emergency nature. (2) Work of a domestic nature on buildings, structures or projects being undertaken by a person(s) residing in such premises; provided that, if any domestic power tool, including but not limited to mechanically powered saws, sanders, grinders and lawn and garden tools used outdoors, is operated during the nighttime hours, no person shall operate such machinery so as to cause noise within a residential building or across a residential real property boundary where such noise interferes with the comfort, repose, health or safety of members of the public within any building or, outside of a building, at 25 feet or more from the source of the sound. § 240-11. Applicability of section. Section 240-10 shall be applied in addition to § 240-4. § 240-12. Continuing noise. It shall be unlawful for any person to make or continue or cause to be made or continued any loud, unnecessary or unusual noise or sound which shall exceed the permitted noise levels specified in this chapter. Any designated official of the City of Ithaca may issue a verbal warning that the violation exists and of the penalties that may ensue. § 240-13. Horns and alarms. This chapter shall not apply to fire horns or other alarms authorized by the Fire Department or Police Department and operated in accord with that authorization. ARTICLE III, Other Provisions § 240-14. Permit procedures for certain activities. [Amended 9-1-2004 by Ord. No. 2004-14] A. Where a sound source is planned, installed or intended to be installed or modified by any person in a manner that such source will create or is likely to create unreasonable noise or otherwise fail to comply with the provisions of this chapter, such person must secure a permit pursuant to this section. B. Where any person uses or plans to use any sound-amplifying equipment in such a way that such equipment is or will be heard outside of any building or vehicle between 10:00 p.m. of any day and 7:30 a.m. to the next day, such person must secure a permit under this section. C. Where any person uses or plans to use a public-address system that will make sound outside of a building, such person must secure a permit under this section. D. The application for the permit shall provide the following information: (1) The reasons for such usage, including a demonstration why it is desirable or necessary that the sound source involved be authorized by a permit pursuant to this section. (2) Plans and specifications of the use. (3) Noise-abatement and -control methods to be used with respect to the sound source involved. (4) The period of time during which the permit shall apply. (5) The name of the person(s) who is responsible for ensuring that the activity complies with any permit issued for it pursuant to this section. (6) Evidence that notification of the application for the permit has been given to each person reasonably expected to be affected by the noise, the content of such notification and the manner in which such notification has been given, if the event is not a community-wide or public event. The notification shall state that any person objecting to the granting of such permit may contact the appropriate city department to whom the application is being made to express his/her opposition to the granting of the permit. (7) Evidence that a copy of the application for the permit has been provided to the Chief of Police. E. The application shall be made to the Superintendent of Public Works in connection with construction work on public rights-of-way or in parks; to the Building Commissioner for all other construction projects; and to the Mayor for any other events. The issuance of permits shall be discretionary and shall be issued only where the responsible official determines that such permit is reasonable and necessary and will allow an activity that is consistent with the general purposes of this chapter, as stated in § 240-2. When determining if a permit should be issued, factors the official shall consider shall include but are not limited to the volume of the noise, the proximity of the noise to sleeping facilities, the time of the day or night the noise occurs, the time duration of the noise, and the impact of the noise on persons living or working in different places or premises who are affected by the noise. Any permit granted shall state that the permit only applies to this chapter, that § 240.20, Subdivision 2, of the Penal Law of the State of New York, Disorderly Conduct, provides that "a person is guilty of disorderly conduct when, with intent to cause public inconvenience, annoyance or alarm or recklessly creating a risk thereof, ... he makes unreasonable noise." F. In order to further the purposes of this chapter and to facilitate its implementation and enforcement, the Superintendent of Public Works, the Building Commissioner and the Mayor shall have authority to impose such conditions as they determine are reasonable and necessary on permits they issue pursuant to this section. Such conditions may govern factors which include but are not limited to the time and location the involved sound source may be utilized. G. The Superintendent of Public Works, the Building Commissioner and the Mayor shall provide the Chief of Police with a copy of any permit issued pursuant to this section. § 240-15. Penalties for offenses; presumptions. A. Any person who shall violate any provision of this chapter shall be punishable by a fine not to exceed $500 or imprisonment of not more than 15 days, or not more than 100 hours of community service or any combination of such fine and imprisonment and not less than $100 or 25 hours of community service; provided, however, that a person who shall violate any provision of this chapter after having been convicted of a violation of any provision of this chapter within the preceding three years shall be punishable by a fine not to exceed $750 or by imprisonment of not more than 15 days, or not more than 125 hours of community service or, any combination of such fine and imprisonment and not less than $200 or 40 hours of community service; and further provided that any person who shall violate any provision of this chapter after having been convicted two or more times of a violation of any provision of this chapter within the preceding three years shall be punishable by a fine not to exceed $1,000 or by imprisonment of not more than 15 days, or not more than 125 hours of community service, or any combination of such fine and imprisonment, and not less than $300 or 50 hours of community service. For any penalties of community service, the court may accept community service from people other than the defendant whom the court deems appropriate, such as other residents of the premises or others who choose to accept responsibility for the violation. In assessment of the above penalties, aggravating factors shall include but not be limited to the presence of the following factors: (1) A common source of alcohol such as a keg; (2) A live band or disc jockey or other live entertainment; (3) Amplified sound emanating from speakers placed or directed outside of the building; (4) A charge to gain entrance into the premises or to consume alcohol; (5) A violation of § 250.8 (public urination) of this Code on the premises; (6) The offense takes place after midnight on weekdays and 1:00 a.m. on weekends and before the following 6:00 a.m.; (7) More than 25 guests on the premises, "guests" being defined for the purposes of this section as any people who do not reside at the premises; (8) Any underage person or persons possessing or consuming alcohol on the premises, each underage person constituting a separate aggravating circumstance; (9) More than one complaint made to the police about the noise, each complaint after the first being a separate aggravating circumstance. B. For purposes of this chapter, for any offense that takes place on private property, if the person or persons directly responsible for the activity that violates any provision of this chapter cannot be determined, then all residents of the property on which the activity takes place shall be presumed to be responsible for the violation. Michael R. Bloomberg, Mayor Carter H. Strickland, Jr., Commissioner A GUIDE TO NEW YORK CITY’S NOISE CODE UNDERSTANDING THE MOST COMMON SOURCES OF NOISE IN THE CITY Follow us at www.facebook.com/nycwater or www.twitter.com/nycwater Item # F2 Call 311 to report a noise complaint NEW YORK CITY NOISE CODE The New York City Noise Code balances the important reputation of New York as a vibrant, world-class city that never sleeps, with the needs of those who live in, work in, and visit the city. In 2007 the City updated the Noise Code for the first time in 30 years to reflect the changing landscape and advances in acoustic technology. Simply put, the Noise Code was created to reduce: “The making, creation or maintenance of excessive and unreasonable and prohibited noises within the city affects and is a menace to public health, comfort, convenience, safety, welfare and the prosperity of the people of the city.” In order to enforce this objective, the New York City Department of Environmental Protection (DEP) and the New York City Police Department (NYPD) share duties based on the type of noise complaint. To report a noise complaint, call 311 and they will direct your grievance to the appropriate agency. This booklet is designed to provide an overview of the Noise Code and some of the most common sounds of the city. For more detailed information about noise in the city and the law itself, please visit: www.nyc.gov/dep and follow DEP at www.facebook.com/nycwater. SOUND MEASUREMENTS Overview The decibel (dB) is the universal unit of sound measurement and is measured with a meter that registers sound pressure and displays these readings on a sound level scale. Decibels are a logarithmic unit, which means that a noise measuring 30 decibels is actually 10 times louder than a noise registering at 20 decibels. One challenge of measuring sound in the city is that there is a high level of ambient sound, or background noise in an area. For example, Times Square has high ambient sound levels, making it harder to distinguish the source of a sound. The same sound in a residential neighborhood may be easier to measure because there is less ambient sound. 1 Item # F2 Call 311 to report a noise complaint Sounds of the City Sound levels vary depending on one’s distance from the noise source. Below are some frequently heard sounds and their approximate decibel levels at common distances from the noise source. When designated as “dB(A),” as seen below, the measurement is weighted in the “A” scale to simulate human hearing. Whisper .......................................................... 30 dB(A) Normal Conversation/Laughter ...................... 50 – 65 dB(A) Vacuum Cleaner at 10 feet ............................. 70 dB(A) Washing Machine/Dishwasher ....................... 78 dB(A) Midtown Manhattan Traffic Noise .................. 70 – 85 dB(A) Motorcycle ..................................................... 88 dB(A) Lawnmower ................................................... 85 – 90 dB(A) Train ............................................................... 100 dB(A) Jackhammer/Power Saw ............................... 110 dB(A) Thunderclap ................................................... 120 dB(A) Stereo/Boom Box .......................................... 110 – 120 dB(A) Nearby Jet Takeoff ......................................... 130 dB(A) CONSTRUCTION NOISE Overview New York City is involved in a constant process of renovation and new construction. To limit construction noise, the Noise Code mandates that all construction be conducted in accordance with noise mitigation plans that address the specific location, type of work, and timing of a project. The Code also sets standards for noise levels created by handling containers and construction material on public streets, and ways to lessen the noise from each type of construction equipment. For example, jackhammers must be outfitted with noise-reducing mufflers and/or have portable street barriers to reduce the sound impact on the area. The Noise Code also defines the hours when construction may occur. 2 Item # F2 Call 311 to report a noise complaint Highlights Noise Mitigation Plans k Contractors must develop a noise mitigation plan prior to the start of work. k Every construction site must have a noise mitigation plan on location. k If noise complaints are received, an inspector will ensure the contractor has posted the plan and that it is being followed. This will determine whether or not the plan needs modification. k When construction activity is planned near locations such as schools, hospitals and houses of worship, the party responsible for construction is expected to design their noise mitigation plan to be sensitive to its neighbors. Containers and Construction Materials k Noise that exceeds the ambient sounds level by more than 10 decibels as measured from 15 feet from the source as measured from inside any property or on a public street is prohibited. k Sounds that occur abruptly for a short duration, called impulsive sounds, are restricted. k A reduction of only five decibels usually makes a noticeable difference to most complainants. Construction Hours k Construction may occur between 7:00 am and 6:00 pm on weekdays. k Alterations or repairs to existing one- or two-family, owner- occupied dwellings, or convents or rectories, may be performed on Saturdays and Sundays between 10:00 am and 4:00 pm if the dwelling is located more than 300 feet from a house of worship. k Work may take place after hours and on weekends only with express authorization from the Departments of Buildings and Transportation. A noise mitigation plan must be in place before any authorization is granted. k Emergency work necessary for public safety, or work that cannot be performed during normal work hours, may occur after hours or on weekends. For example, water main or gas line repairs may require construction activity outside the normal hours of construction. 3 Item # F2 Call 311 to report a noise complaint ANIMAL NOISES Overview Owning a pet in New York requires increased responsibility to ensure that pets are not disruptive. The Noise Code holds pet owners accountable for their animals’ noises, and owners must do their best to limit noises so that their pets do not disturb their neighbors. Animal noises such as barking may indicate distress, danger, or an emergency situation, the Noise Code is designed to be flexible, and first complaints of excessive animal noise may lead to education. Information about reducing or better-controlling noise from an animal is mailed to the pet owner’s residence. When complaints persist, further action can be taken. Highlights Animal noise that is unreasonable and plainly audible from within nearby residential property may call for enforcement action if the noise occurs: k After 7:00 am and before 10:00 pm for a continuous period of 10 minutes or more k After 10:00 pm and before 7:00 am for a continuous period of five minutes or more FOOD VENDING VEHICLES Overview Ice cream trucks traveling on city streets are a summer tradition, but their repetitious jingles can create a community nuisance and disrupt nearby residents. Because enforcement can be difficult as trucks travel from neighborhood to neighborhood, DEP works with the Department of Consumer Affairs, which licenses vendors, to remind drivers of their responsibilities under the Noise Code. Highlights k The Noise Code prohibits the playing of jingles while any type of food vending vehicle is stationary. Vehicles may only play jingles while they are in motion. 4 Item # F2 Call 311 to report a noise complaint AIR CONDITIONERS & CIRCULATION DEVICES Overview Poorly maintained air conditioners can generate unnecessary, disruptive noise. Commercial and industrial air conditioners can be particularly noisy due to their size and location on rooftops near residential buildings. The Noise Code restricts the decibel levels created by air conditioners and other types of circulation devices. Highlights Restrictions: k A single circulating device may not produce noise levels in excess of 42 decibels, as measured three feet from the noise source at an open door or window of a nearby residence. k To account for the cooling needs of new construction or shifting building populations, the Noise Code limits buildings with multiple devices to a cumulative noise level of 45 decibels, as measured per the above standard. Qualified inspectors may need to take several readings before enforcement can be deemed necessary. MUSIC FROM BARS & RESTAURANTS Overview New York’s world-renowned entertainment industry provides billions of dollars in revenue to the city’s economy. The Noise Code attempts to balance this vital economic necessity with residential quality-of-life concerns through a flexible and responsive process. While DEP will often respond to residential complaints and schedule an inspection appointment to take meter readings, NYPD is more readily equipped to respond to complaints in a timely manner due to its existing presence in local communities. All non-emergency noise complaints should still be directed to 311. The best way to reduce noise disturbances is to encourage businesses to change any offending operational practices. Getting an offending business to come into compliance can be a challenge because compliance may include physically changing a business’s operation or modifying sound equipment. 5 Item # F2 Call 311 to report a noise complaint As an incentive for commercial noise violations to achieve compliance, the Commissioner may recommend to the Environmental Control Board that no penalty be imposed for a first offense if the business certifies that it has corrected the condition and provides satisfactory and verifiable evidence of the correction. If the offending condition is not remedied, multiple violations may result in penalties or sealing of the sound equipment. Highlights k Commercial establishments that play music must limit the level of unreasonable or disturbing noise that escapes into the streets or is heard in nearby residences by requiring that sounds levels may not exceed: • 42 decibels as measured from inside nearby residences, AND • 7 decibels over the ambient sound level, as measured on a street or public right-of-way 15 feet or more from the source, between 10:00 pm and 7:00 am k Sometimes residents are disturbed by pervasive bass sounds that resonate and can be felt physically by a person. • Bass sounds measurements are weighted in the “C” scale and may not exceed 6 dB(C) above the ambient sound if the ambient sound is greater than 62 dB(C). REFUSE COLLECTION VEHICLES Overview Though the collection of refuse is critical to the health and safety of city residents, noise from this process can be disruptive to local communities. To limit such disruptions, the Noise Code sets a more enforceable standard in order to reduce unreasonable noise coming from refuse collection vehicles. Highlights k Maximum sound levels may not exceed 80 decibels when measured at a distance of 35 feet or more from the compacting unit of the vehicle when it is not engaged in compacting a load of refuse. AND 6 Item # F2 Call 311 to report a noise complaint k Maximum sound levels may not exceed 85 decibels between the hours of 11:00 pm and 7:00 am within 50 feet of a residential property when measured at a distance of 35 feet or more from the vehicle when the compactor is engaged. This standard will be reduced to 80 decibels in July 2012. MOTOR VEHICLES & MOTORCYCLES Overview Each day more than one million vehicles move through New York City’s streets. The Noise Code addresses noise coming from vehicles, including motorcycles, and defines excessive sound. Highlights k The Noise Code prohibits excessive sound from the muffler or exhaust of motor vehicles operating on a public right-of-way where the speed limit is 35 mph or less. k Excessive sound is: • Plainly audible at a distance of 150 feet or more from vehicles of less than 10,000 lbs. (cars); and • Plainly audible at a distance of 200 feet or more from vehicles of more than 10,000 lbs., (trucks); and • Plainly audible at a distance of 200 feet from a motorcycle. k The use of vehicle horns is illegal, except as a warning in situations of imminent danger. k Residents may request an evaluation to determine if a “No Honking” street sign would help. COMMON COURTESY Overview A majority of the city’s noise complaints are reported as “noise from neighbor.” By taking the few simple steps below, you can help create a more livable atmosphere for your community. k Be sensitive to your neighbor’s space and remember that one person’s ceiling is another person’s floor; try to keep noisy and disruptive activities to a minimum. 7 Item # F2 Call 311 to report a noise complaint k Keep cell phone conversations to a minimum in public spaces, especially in confined areas like public transit. k Keep equipment levels down. Televisions, stereos, musical instruments should be used at a reasonable volume, to avoid disturbing neighbors, especially at night and in the early morning. k Use power tools at appropriate times. Do as much as possible to stifle their noise and check specific regulations for their use. Highlights k The Noise Code specifically restricts the volume of car stereos in the public right-of-way. k Certain machines, such as lawn mowers and leaf blowers, may only be used between 8:00 am and 7:00 pm (or until sunset, whichever occurs later) on weekdays; and between 9:00 am and 6:00 pm on holidays and weekends. To report a noise complaint, call 311. For more detailed information about noise in the city and the law itself, please visit: www.nyc.gov/dep and follow DEP at www.facebook.com/nycwater. 8 Item # F2 June 2010 - 1 - MODEL NOISE CONTROL ORDINANCE This model is provided by the NJ Department of Environmental Protection (Department) as guidance for municipalities to follow when adopting a noise control ordinance pursuant to the State’s Noise Control Act and seeking to establish specific decibel standards to control noise. All such ordinances must be submitted for written approval to the Department, including an ordinance that is based entirely on the model ordinance provided below. For assistance, please contact the Department’s Office of Local Environmental Management at (609) 292- 1305. Procedures for Written Approval by the Department: (A) A governing body of a municipality may adopt this model ordinance without change. Changes in formatting, numbering, or any other changes of this type shall not be considered significant changes. Within 30 days after a municipality adopts this ordinance, the municipality shall submit it to the Department, with a certification signed by the Township Clerk, Borough Manager or Administrator. The certification shall state: I certify that {insert name of municipality} has adopted the Model Noise Control Ordinance without change(s). I further certify that if this statement is willfully false, I am subject to a penalty. This ordinance shall be approved in writing upon submission by a municipality to the Department, of the fully executed certification and duly adopted noise ordinance. In addition, in the event that a regional or county health agency is identified as the authorized enforcement agency for the purpose of enforcing this ordinance when adopted by a municipality, written consent of the regional or a county health agency must be obtained, affixed to the ordinance and made a part thereof noise ordinances shall be submitted to: NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION COMPLIANCE & ENFORCEMENT OFFICE OF LOCAL ENVIRONMENTAL MANAGEMENT P.O. BOX 422 9 EWING STREET TRENTON, NEW JERSEY 08625 (B) If a governing body of a municipality wants to change any provision(s) of this model ordinance such as hours of operation as it applies to subsequent sections, or wants to develop a noise ordinance that is not based on the model, the entire noise control ordinance including the proposed change(s) shall be submitted to the Department for review and approval, prior to adoption. The Department will review such noise ordinances to determine consistency with the statewide scheme for noise control and whether the ordinance is more stringent than the State's noise code, in accordance with the Noise Control Act. If the Department approves the change(s), the municipality shall submit a copy of the duly adopted ordinance to the CEHA agency governing its region, if one exists. If the Department disapproves the change(s), the ordinance shall be returned to the municipality and shall be considered disapproved, meaning that the municipality cannot enforce it. June 2010 - 2 - (C) The Department reserves the right to review, at any time, a noise control ordinance adopted by a municipality. The model noise ordinance follows: MODEL NOISE ORDINANCE I. Declaration of Findings and Policy WHEREAS excessive sound is a serious hazard to the public health, welfare, safety, and the quality of life; and, WHEREAS a substantial body of science and technology exists by which excessive sound may be substantially abated; and, WHEREAS the people have a right to, and should be ensured of, an environment free from excessive sound, Now THEREFORE, it is the policy of {insert name of municipality} to prevent excessive sound that may jeopardize the health, welfare, or safety of the citizens or degrade the quality of life. This ordinance shall apply to the control of sound originating from sources within {insert name of municipality}. II. Definitions The following words and terms, when used in this ordinance, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this ordinance have the same meaning as those defined in N.J.A.C. 7:29. "Construction" means any site preparation, assembly, erection, repair, alteration or similar action of buildings or structures. "dBC" means the sound level as measured using the "C" weighting network with a sound level meter meeting the standards set forth in ANSI S1.4-1983 or its successors. The unit of reporting is dB(C). The "C" weighting network is more sensitive to low frequencies than is the "A" weighting network. "Demolition" means any dismantling, destruction or removal of buildings, structures, or roadways. "Department" means the New Jersey Department of Environmental Protection. "Emergency work" means any work or action necessary at the site of an emergency to restore or deliver essential services including, but not limited to, repairing water, gas, electricity, telephone, sewer facilities, or public transportation facilities, removing fallen trees on public rights-of-way, dredging navigational waterways, or abating life-threatening conditions or a state of emergency declared by a governing agency. "Impulsive sound" means either a single pressure peak or a single burst (multiple pressure peaks) that has a duration of less than one second. “Minor Violation” means a violation that is not the result of the purposeful, reckless or criminally negligent conduct of the alleged violator; and/or the activity or condition constituting the violation has June 2010 - 3 - not been the subject of an enforcement action by any authorized local, county or state enforcement agency against the violator within the immediately preceding 12 months for the same or substantially similar violation. "Motor vehicle" means any vehicle that is propelled other than by human or animal power on land. "Muffler" means a properly functioning sound dissipative device or system for abating the sound on engines or equipment where such device is part of the normal configuration of the equipment. "Multi-dwelling unit building" means any building comprising two or more dwelling units, including, but not limited to, apartments, condominiums, co-ops, multiple family houses, townhouses, and attached residences. "Multi-use property" means any distinct parcel of land that is used for more than one category of activity. Examples include, but are not limited to: 1. A commercial, residential, industrial or public service property having boilers, incinerators, elevators, automatic garage doors, air conditioners, laundry rooms, utility provisions, or health and recreational facilities, or other similar devices or areas, either in the interior or on the exterior of the building, which may be a source of elevated sound levels at another category on the same distinct parcel of land; or 2. A building, which is both commercial (usually on the ground floor) and residential property, located above, below or otherwise adjacent to. "Noise Control Officer" (NCO) means an employee of a local, county or regional health agency which is certified pursuant to the County Environmental Health Act (N.J.S.A. 26:3A2-21 et seq.) to perform noise enforcement activities or an employee of a municipality with a Department-approved model noise control ordinance. All NCOs must receive noise enforcement training as specified by the Department in N.J.A.C. 7:29 and is currently certified in noise enforcement. The employee must be acting within his or her designated jurisdiction and must be authorized to issue a summons. “Noise Control Investigator” (NCI) means an employee of a municipality, county or regional health commission that has a Department-approved model noise control ordinance and the employee has not received noise enforcement training as specified by the Department in N.J.A.C. 7:29. However, they are knowledgeable about their model noise ordinance and enforcement procedures. A Noise Control Investigator may only enforce sections of the ordinance that do not require the use of a sound level meter. The employee must be acting within his or her designated jurisdiction and must be authorized to issue a summons. "Plainly audible" means any sound that can be detected by a NCO or an NCI using his or her unaided hearing faculties of normal acuity. As an example, if the sound source under investigation is a portable or vehicular sound amplification or reproduction device, the detection of the rhythmic bass component of the music is sufficient to verify plainly audible sound. The NCO or NCI need not determine the title, specific words, or the artist performing the song. "Private right-of-way" means any street, avenue, boulevard, road, highway, sidewalk, alley or easement that is owned, leased, or controlled by a non-governmental entity. June 2010 - 4 - "Public right-of-way" means any street, avenue, boulevard, road, highway, sidewalk, alley or easement that is owned, leased, or controlled by a governmental entity. "Public space" means any real property or structures thereon that are owned, leased, or controlled by a governmental entity. "Real property line" means either (a) the vertical boundary that separates one parcel of property (i.e., lot and block) from another residential or commercial property; (b) the vertical and horizontal boundaries of a dwelling unit that is part of a multi-dwelling unit building; or (c) on a multi-use property as defined herein, the vertical or horizontal boundaries between the two portions of the property on which different categories of activity are being performed (e.g., if the multi-use property is a building which is residential upstairs and commercial downstairs, then the real property line would be the interface between the residential area and the commercial area, or if there is an outdoor sound source such as an HVAC unit on the same parcel of property, the boundary line is the exterior wall of the receiving unit). Note- this definition shall not apply to a commercial source and a commercial receptor which are both located on the same parcel of property (e.g., a strip mall). “Sound production device” means any device whose primary function is the production of sound, including, but not limited to any, musical instrument, loudspeaker, radio, television, digital or analog music player, public address system or sound-amplifying equipment. “Sound reduction device” means any device, such as a muffler, baffle, shroud, jacket, enclosure, isolator, or dampener provided by the manufacturer with the equipment, or that is otherwise required, that mitigates the sound emissions of the equipment. "Weekday" means any day that is not a federal holiday, and beginning on Monday at 7:00 a.m. and ending on the following Friday at 6:00 p.m. "Weekends" means beginning on Friday at 6:00 p.m. and ending on the following Monday at 7:00 a.m. III. Applicability (A) This model noise ordinance applies to sound from the following property categories: 1. Industrial facilities; 2. Commercial facilities; 3. Public service facilities; 4. Community service facilities; 5. Residential properties; 6. Multi-use properties; 7. Public and private right-of-ways; 8. Public spaces; and 9. Multi-dwelling unit buildings. (B) This model noise ordinance applies to sound received at the following property categories: 1. Commercial facilities; 2. Public service facilities; 3. Community service facilities (i.e. non-profits and/or religious facilities) June 2010 - 5 - 4. Residential properties; 5. Multi-use properties; and 6. Multi-dwelling unit buildings. (C) Sound from stationary emergency signaling devices shall be regulated in accordance with N.J.A.C. 7:29-1.4, except that the testing of the electromechanical functioning of a stationary emergency signaling device shall not meet or exceed 10 seconds. IV. Exemptions (A) Except as provided in IX. and X. below, the provisions of this ordinance shall not apply to the exceptions listed at N.J.A.C. 7:29-1.5. (B) Sound production devices required or sanctioned under the Americans with Disabilities Act (ADA), FEMA or other government agencies to the extent that they comply with the noise requirement of the enabling legislation or regulation. Devices which are exempted under N.J.A.C. 7:29-1.5 shall continue to be exempted. (C) Construction and demolition activities are exempt from the sound level limits set forth in tables I and II and III except as provided for in IX. below. V. Enforcement Officers (A) Noise Control Officers shall have the authority within their designated jurisdiction to investigate suspected violations of any section of this ordinance and pursue enforcement activities. (B) Noise Control Investigators shall have the authority within their designated jurisdiction to investigate suspected violations of any section of this ordinance that do not require the use of a sound level meter (i.e., plainly audible, times of day and/or distance determinations) and pursue enforcement activities. (C) Noise Control Officers and Investigators may cooperate with NCOs and NCIs of an adjacent municipality in enforcing one another’s municipal noise ordinances. VI. Measurement Protocols (A) Sound measurements made by a Noise Control Officer shall conform to the procedures set forth at N.J.A.C. 7:29-2, except that interior sound level measurements shall also conform with the procedures set forth in VIB of this ordinance and with the definition of "real property line" as contained herein. (B) When conducting indoor sound level measurements across a real property line the measurements shall be taken at least three feet from any wall, floor or ceiling and all exterior doors and windows may, at the discretion of the investigator, be closed. The neighborhood residual sound level shall be measured in accordance with N.J.A.C. 7:29-2.9(b)2. When measuring total sound level, the configuration of the windows and doors shall be the same and all sound sources within the dwelling unit must be shut off (e.g., television, stereo). Measurements shall not be taken in areas which receive only casual use such as hallways, June 2010 - 6 - closets and bathrooms. VII. Maximum Permissible Sound Levels (A) No person shall cause, suffer, allow, or permit the operation of any source of sound on any source property listed in III.(A) above in such a manner as to create a sound level that equals or exceeds the sound level limits set forth in Tables I, II or III when measured at or within the real property line of any of the receiving properties listed in Tables I, II or III except as specified in VI(B). (B) Impulsive Sound Between 7:00 a.m. and 10:00 p.m., impulsive sound shall not equal or exceed 80 decibels. Between 10:00 p.m. and 7:00 a.m., impulsive sound which occurs less than four times in any hour shall not equal or exceed 80 decibels. Impulsive sound which repeats four or more times in any hour shall be measured as continuous sound and shall meet the requirements as shown in Tables I and II. TABLE I MAXIMUM PERMISSIBLE A-WEIGHTED SOUND LEVELS WHEN MEASURED OUTDOORS RECEIVING PROPERTY CATEGORY Residential property, or residential portion of a multi-use property Commercial facility, public service facility, non-residential portion of a multi-use property, or community service facility TIME 7 a.m.-10 p.m. 10 p.m.-7 a.m. 24 hours Maximum A- Weighted sound level standard, dB 65 50 65 June 2010 - 7 - TABLE II MAXIMUM PERMISSIBLE A-WEIGHTED SOUND LEVELS WHEN MEASURED INDOORS RECEIVING PROPERTY CATEGORY Residential property, or residential portion of a multi-use property Commercial facility or non- residential portion of a multi-use property TIME 7 a.m.-10 p.m. 10 p.m.-7 a.m. 24 Hours Maximum A- Weighted sound level standard, dB 55 40 55 Note: Table II shall only apply when the source and the receptor are separated by a real property line and they also share a common or abutting wall, floor or ceiling, or are on the same parcel of property. TABLE III MAXIMUM PERMISSIBLE OCTAVE BAND SOUND PRESSURE LEVELS IN DECIBELS Receiving Property Category Residential property, or residential portion of a multi-use property OUTDOORS Residential property, or residential portion of a multi-use property INDOORS Commercial facility, public service facility, non- residential portion of a multi-use property, or community service facility OUTDOORS Commercial facility or non-residential portion of a multi- use property INDOORS Octave Band Center Frequency, Hz. Octave Band Sound Pressure Level, dB Octave Band Sound Pressure Level, dB Octave Band Sound Pressure Level, dB Octave Band Sound Pressure Level, dB Time 7 a.m.-10 p.m. 10 p.m.-7 a.m. 7 a.m.-10 p.m. 10 p.m.-7 a.m. 24 hours 24 hours 31.5 96 86 86 76 96 86 63 82 71 72 61 82 72 125 74 61 64 51 74 64 250 67 53 57 43 67 57 June 2010 - 8 - 500 63 48 53 38 63 53 1,000 60 45 50 35 60 50 2,000 57 42 47 32 57 47 4,000 55 40 45 30 55 45 8,000 53 38 43 28 53 43 Note: When octave measurements are made, the sound from the source must be constant in level and character. If octave band sound pressure level variations exceed plus or minus 2 dB in the bands containing the principal source frequencies, discontinue the measurement. VIII. Sound Production Devices No person shall cause, suffer, allow, or permit the operation of any sound production device in such a manner that the sound crosses a property line and raises the total sound levels above the neighborhood residual sound level by more than the permissible sound level limits set forth in Table IV when measured within the residence of a complainant according to the measurement protocol in VI(B) of this ordinance. These sound level measurements shall be conducted with the sound level meter set for "C" weighting, "fast" response. TABLE IV MAXIMUM PERMISSIBLE INCREASE IN TOTAL SOUND LEVELS WITHIN A RESIDENTIAL PROPERTY Week nights 10:00 p.m. - 7:00 a.m. Weekend nights 11:00 p.m and 9:00 a.m. All other times 3 dB(C) 6 dB(C) IX. Restricted Uses and Activities Note: This section is optional; any numbered paragraph may be adopted in its entirety. The following standards shall apply to the activities or sources of sound set forth below: A. Excluding emergency work, power tools, home maintenance tools, landscaping and/or yard maintenance equipment used by a residential property owner or tenant shall not be operated between the hours of 8:00 p.m. and 8:00 a.m., unless such activities can meet the applicable limits set forth in Tables I, II or III. At all other times the limits set forth in Tables I, II or III do not apply. All motorized equipment used in these activities shall be operated with a muffler and/or sound reduction device. B. Excluding emergency work, power tools, landscaping and/or yard maintenance equipment June 2010 - 9 - used by nonresidential operators (e.g. commercial operators, public employees) shall not be operated on a residential, commercial, industrial or public (e.g. golf course, parks, athletic fields) property between the hours of 6:00 p.m. and 8:00 a.m. on weekdays, or between the hours of 6:00 p.m. and 9:00 a.m. on weekends or federal holidays, unless such activities can meet the limits set forth in Tables I, II or III. At all other times the limits set forth in Tables I, II or III do not apply. All motorized equipment used in these activities shall be operated with a muffler and/or sound reduction device. C. All construction and demolition activity, excluding emergency work, shall not be performed between the hours of 6:00 p.m. and 7:00 a.m. on weekdays, or between the hours of 6:00 p.m. and 9:00 a.m. on weekends and federal holidays, unless such activities can meet the limits set forth in Tables I, II or III. At all other times the limits set forth in Tables I, II or III do not apply. All motorized equipment used in construction and demolition activity shall be operated with a muffler and/or sound reduction device. D. Motorized snow removal equipment shall be operated with a muffler and/or a sound reduction device when being used for snow removal. At all other times the limits set forth in Tables I, II or III do not apply. E. All interior and exterior burglar alarms of a building or motor vehicle must be activated in such a manner that the burglar alarm terminates its operation within five (5) minutes for continuous airborne sound and fifteen (15) minutes for intermittent sound after it has been activated. At all other times the limits set forth in Tables I, II or III do not apply. F. Self-contained, portable, non-vehicular music or sound production devices shall not be operated on a public space or public right-of-way in such a manner as to be plainly audible at a distance of 50 feet in any direction from the operator between the hours of 8:00 a.m. and 10:00 p.m. Between the hours of 10:00 p.m. and 8:00 a.m., sound, operated on a public space or public right-of-way, from such equipment shall not be plainly audible at a distance of 25 feet in any direction from the operator; G. It shall be unlawful for any property owner or tenant to allow any domesticated or caged animal to create a sound across a real property line which unreasonably disturbs or interferes with the peace, comfort, and repose of any resident, or to refuse or intentionally fail to cease the unreasonable noise when ordered to do so by a Noise Control Officer or Noise Control Investigator. Prima facie evidence of a violation of this section shall include but not be limited to: (1) Vocalizing (howling, yelping, barking, squawking etc.) for five (5) minutes without interruption, defined as an average of four or more vocalizations per minute in that period; or, (2) Vocalizing for twenty (20) minutes intermittently, defined as an average of two vocalizations or more per minute in that period. It is an affirmative defense under this subsection that the dog or other animal was intentionally provoked to bark or make any other noise. June 2010 - 10 - X. Motor Vehicles Note: This section is optional; any numbered paragraph may be adopted in its entirety. Violations of each paragraph of this section shall be considered purposeful and therefore non-minor violations. (A) No person shall remove or render inoperative, or cause to be removed or rendered inoperative or less effective than originally equipped, other than for the purposes of maintenance, repair, or replacement, of any device or element of design incorporated in any motor vehicle for the purpose of noise control. No person shall operate a motor vehicle or motorcycle which has been so modified. A vehicle not meeting these requirements shall be deemed in violation of this provision if it is operated stationary or in motion in any public space or public right-of- way. (B) No motorcycle shall be operated stationary or in motion unless it has a muffler that complies with and is labeled in accordance with the Federal Noise Regulations under 40 CFR Part 205. (C) Personal or commercial vehicular music amplification or reproduction equipment shall not be operated in such a manner that it is plainly audible at distance of 25 feet in any direction from the operator between the hours of 10:00 p.m. and 8:00 a.m. (D) Personal or commercial vehicular music amplification or reproduction equipment shall not be operated in such a manner that is plainly audible at a distance of 50 feet in any direction from the operator between the hours of 8:00 a.m. and 10:00 p.m. XI. Enforcement (A) Violation of any provision of this ordinance shall be cause for a Notice of Violation (NOV) or a Notice of Penalty Assessment (NOPA) document to be issued to the violator by the Noise Control Officer or Noise Control Investigator. (B) Any person who violates any provision of this ordinance shall be subject to a civil penalty for each offense of not more than $3,000. If the violation is of a continuing nature, each day during which it occurs shall constitute an additional, separate, and distinct offense. (C) Upon identification of a violation of this Ordinance the Noise Control Officer or Noise Control Investigator shall issue an enforcement document to the violator. The enforcement document shall identify the condition or activity that constitutes the violation and the specific provision of this Ordinance that has been violated. It shall also indicate whether the violator has a period of time to correct the violation before a penalty is sought. (D) If the violation is deemed by the Noise Control Officer or Noise Control Investigator to be a minor violation (as defined in Section II of this ordinance) a NOV shall be issued to the violator. 1. The document shall indicate that the purpose of the NOV is intended to serve as a notice to warn the responsible party/violator of the violation conditions in order to provide them with an opportunity to voluntarily investigate the matter and voluntarily June 2010 - 11 - take corrective action to address the identified violation. 2. The NOV shall identify the time period (up to 90 days), pursuant to the Grace Period Law, N.J.S.A. 13:1D-125 et seq. where the responsible party’s/violator’s voluntary action can prevent a formal enforcement action with penalties issued by the (Health Department) ___________. It shall be noted that the NOV does not constitute a formal enforcement action, a final agency action or a final legal determination that a violation has occurred. Therefore, the NOV may not be appealed or contested. (E) If the violation is deemed by the Noise Control Officer or Noise Control Investigator to be a non-minor violation the violator shall be notified that if the violation is not immediately corrected a NOPA with a civil penalty of no more than $3,000 will be issued. If a non-minor violation is immediately corrected a NOV without a civil penalty shall still be issued to document the violation. If the violation occurs again (within 12 months of the initial violation) a NOPA shall be issued regardless of whether the violation is immediately corrected or not. (F) The violator may request from the Noise Control Officer or Noise Control Investigator, an extension of the compliance deadline in the enforcement action. The Noise Control Officer or Noise Control Investigator shall have the option to approve any reasonable request for an extension (not to exceed 180 days) if the violator can demonstrate that a good faith effort has been made to achieve compliance. If an extension is not granted and the violation continues to exist after the grace period ends, a NOPA shall be issued. (G) The recipient of a NOPA shall be entitled to a hearing in a municipal court having jurisdiction to contest such action. (H) The Noise Control Officer or Noise Control Investigator may seek injunctive relief if the responsible party does not remediate the violation within the period of time specified in the NOPA issued. (I) Any claim for a civil penalty may be compromised and settled based on the following factors: 1. Mitigating or any other extenuating circumstances; 2. The timely implementation by the violator of measures which lead to compliance; 3. The conduct of the violator; and 4. The compliance history of the violator. XII. Consistency, Severability and Repealer (A) If any provision or portion of a provision of this ordinance is held to be unconstitutional, preempted by Federal or State law, or otherwise invalid by any court of competent jurisdiction, the remaining provisions of the ordinance shall not be invalidated. (B) All ordinances or parts of ordinances, which are inconsistent with any provisions of this ordinance, are hereby repealed as to the extent of such inconsistencies. June 2010 - 12 - (C) No provision of this ordinance shall be construed to impair any common law or statutory cause of action, or legal remedy there from, of any person for injury or damage arising from any violation of this ordinance or from other law. 1 MODEL ORDINANCE FOR ITHACA TOBACCO RETAIL LICENSING Section 99.1: Findings and Scope WHEREAS, Tobacco use is the foremost preventable cause of premature death in the United States, causing over 400,000 deaths in the United States each year; WHEREAS, Tobacco companies sell products that are addictive and inherently dangerous, causing cancer, heart disease, and other serious illnesses; WHEREAS, the City of Ithaca has a substantial interest in reducing the number of individuals of all ages who use cigarettes and other Tobacco Products, and a particular interest in protecting adolescents from tobacco dependence and the illnesses and premature death associated with tobacco use; WHEREAS, An overwhelming majority of Americans who use Tobacco Products begin using such products while they are adolescents and become addicted to those products before reaching the age of 18; WHEREAS, the City of Ithaca has a substantial and important interest in reducing the illegal sale of Tobacco Products and Smoking Paraphernalia to minors; WHEREAS, the State of New York has enacted Article 13-F of the Public Health Law, known as the Adolescent Tobacco Use Prevention Act, to prohibit the sale of Tobacco Products and Smoking Paraphernalia to minors; WHEREAS, although it is unlawful to sell Tobacco Products to minors, 8.3% of New York retailers surveyed do sell to minors [New York State Department of Health, 2008 Youth Access Tobacco Enforcement Program Annual Report]; and 20% of underage smokers in New York report that they usually purchase their cigarettes from a retail store [New York Youth Tobacco Survey 2008]. WHEREAS, research has found that higher tobacco retail outlet density is significantly associated with higher rates of youth smoking initiation and experimentation; WHEREAS, regulating the number and the location of retailers of tobacco products and smoking paraphernalia in the City is necessary to protect the public health, safety, and welfare of our youth; WHEREAS, a local licensing system for tobacco retailers is necessary and appropriate to protect the public health, safety, and welfare of our residents; WHEREAS, a local licensing system for tobacco retailers will help ensure that retailers comply with the Adolescent Tobacco Use Prevention Act, other tobacco control laws, and the business standards of the City of Ithaca; WHEREAS, Studies have found a higher prevalence of current smoking at schools with more tobacco outlets within walking distance, and researchers suggest that limiting the proximity of tobacco outlets to schools may be an effective strategy to reduce youth smoking rates; 2 WHEREAS, Licensing laws in other communities have been effective in reducing the access of minors to Tobacco Products; and WHEREAS, the City of Ithaca finds and believes, after careful study and deliberation that it must implement effective measures through this Article to reduce the number of tobacco retail outlets, regulate the location of tobacco retail outlets, stop the sale of Tobacco Products and Smoking Paraphernalia to youth, prevent the sale or distribution of contraband Tobacco Products, and facilitate the enforcement of tax laws and other applicable laws relating to Tobacco Products; THEREFORE, the City of Ithaca does hereby enact the following, herein. Section 99.2: Definitions As used in this Article, the following terms shall have the meanings indicated: ADULT-ONLY ESTABLISHMENT means a facility where the operator ensures or has a reasonable basis to believe (such as by checking the identification of any person appearing to be under the age of 25) that no person under the Legal Age is permitted entrance. APPLICANT means an individual, partnership, limited liability company, corporation, or other business entity seeking a Tobacco Retail License. DEPARTMENT means the Clerk of the City of Ithaca or an appointed designee. LEGAL AGE means the minimum age at which individuals are permitted to legally purchase Tobacco Products. NEW TOBACCO RETAIL LICENSE means any Tobacco Retail License that is not a Renewed Tobacco Retail License. PERSON means any natural person, company, corporation, firm, partnership, business, organization, or other legal entity. RENEWED TOBACCO RETAIL LICENSE means a Tobacco Retail License issued to an Applicant for the same location at which the Applicant possessed a valid Tobacco Retail License during the previous year. SCHOOL means a public or private kindergarten, elementary, middle, junior high, or high school. SMOKING PARAPHERNALIA means any pipe, water pipe, hookah, rolling papers, vaporizer or any other device, equipment or apparatus designed for the inhalation of tobacco. TOBACCO PRODUCT means any manufactured product containing tobacco or nicotine, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis, snus, dissolvable Tobacco Products, and electronic cigarette cartridges. However, “Tobacco Product” does not include any product that has been approved by the U.S. Food and Drug Administration, pursuant to its authority over drugs and devices, for sale as a tobacco use cessation product or for other medical purposes and is being marketed and sold solely for that approved purpose. Comment [KMS1]: I understand there are some definitions the council is interested in keeping consistent with several state statutes, but I’m unsure what those specific terms are, or which definition is preferred. I would add them here individually, and either reference the state statute, or repeat the definition here. Comment [KMS2]: Perhaps the Clerk will be administering the licenses, but another department will be responsible for inspections and enforcement (or rulemaking)? TOBACCO RETAIL LICENSE means a license issued by the Department to a Person to engage in the retail sale of Tobacco Products or Smoking Paraphernalia in the City of Ithaca. WINDOW DISPLAY means any shelving unit or display case affixed to or positioned directly in front of the exterior windows of a retail establishment. Section 99.3: Tobacco Retail License (A) Starting [EnforcementDate], no Person shall sell, offer for sale, or permit the sale of Tobacco Products or Smoking Paraphernalia to consumers in the City of Ithaca without a valid Tobacco Retail License issued by the Department. A Tobacco Retail License is not required for a wholesale dealer who sells Tobacco Products to retail dealers for the purpose of resale only and does not sell any Tobacco Products directly to consumers. 3 (B) All Tobacco Retail Licenses issued pursuant to this section are nontransferable and non-assignable and are valid only for the Applicant and the specific address indicated on the Tobacco Retail License. A separate Tobacco Retail License is required for each address at which Tobacco Products or Smoking Paraphernalia are sold or offered for sale. Any change in business ownership or business address requires a new Tobacco Retail License. (C) All Tobacco Retail Licenses issued pursuant to this section are valid for no more than one year and expire on the [Day of Month (of EnforcementDate)] following the effective date of the Tobacco Retail License. As set forth in Section 99.10, a Tobacco Retail License may be revoked by the Department prior to its expiration date for cause. (D) Applications for a New or Renewed Tobacco Retail License shall be submitted to the Department in writing upon a form provided by the Department. The Department may require such forms to be signed and verified by the Applicant or an authorized agent thereof. (E) Applications for a New or Renewed Tobacco Retail License shall be accompanied by the fee set forth in Section 99.7. (F) The issuance of any Tobacco Retail License pursuant to this Article is done in the City of Ithaca’s discretion and shall not confer upon licensee any property rights in the continued possession of such a license. Section 99.4: Issuance of Licenses (A) Upon the receipt of a completed application for a New or Renewed Tobacco Retail License and the fee required by Section 99.7, the Department shall inspect the location at which tobacco or smoking paraphernalia sales are to be permitted. The Department may also ask the Applicant to provide additional information that is reasonably related to the determination of whether a license may issue. (B) The Department may refuse to issue a Tobacco Retail License to an Applicant if it finds that one or more of the following bases for denial exists: Comment [KMS3]: This date should provide the Department with enough time to implement the law and review applications. Comment [KMS4]: The original draft has an exception to the license requirement for “private clubs” but I am unclear on what those establishments are, so I have not included that exception here. (1) The information presented in the application is incomplete, inaccurate, false, or misleading; (2) The fee for the application has not been paid as required; 4 (3) The Applicant does not possess a valid certificate of registration as a tobacco retail dealer from the New York State Department of Taxation and Finance; (4) The application seeks a New Tobacco Retail License at a location for which this Article prohibits the issuance of a New Tobacco Retail License; (5) The total number of applications exceeds the number permitted by Section 99.5 of this Article; (6) The Applicant has previously had a Tobacco Retail License issued under this Article revoked; (7) A Tobacco Retail License issued under this Article for the same address or location has previously been revoked; (8) The Applicant has been found by a court of law or administrative body to have violated any federal, state, or local laws pertaining to (a) trafficking in contraband Tobacco Products or illegal drugs, (b) the payment or collection of taxes on Tobacco Products, (c) the display of Tobacco Products or of health warnings pertaining to Tobacco Products, or (d) the sale of Tobacco Products; (9) The Applicant has not paid to the City of Ithaca outstanding fees, fines, penalties, or other charges owed to the City of Ithaca; or (10) The Department determines, in accordance with written criteria established to further the purposes of this Article, that the Applicant is otherwise not fit to hold a Tobacco Retail License. Section 99.5: Limitation on Number of Licenses Issued (A) For the first year subsequent to the effective date of this Article, a Tobacco Retail License shall only be issued to an Applicant for the same location at which the Applicant possessed a valid certificate of registration as a tobacco retail dealer from the New York State Department of Taxation and Finance 180 days prior to the effective date of this Article. (B) With the exception of the first year subsequent to the effective date of this Article, the total number of New and Renewed Tobacco Retail Licenses issued by the Department in a given year (measured from EnforcementDate to EnforcementDate) shall not exceed the number of Tobacco Retail Licenses that were issued during the previous year. (C) Starting on [EnforcementDate + 1 year], the Department shall issue only one New Tobacco Retail License for every two Tobacco Retail Licenses that were revoked during the previous year or for which no renewal application was submitted. (D) Whenever the number of valid applications for New Tobacco Retail Licenses exceeds the maximum number of such new licenses that may be issued pursuant to this section, the Department shall grant such licenses using the following priorities: Comment [KMS5]: This permits current tobacco retailers registered with the state to obtain a City license. The 180 day period is to prevent a flurry of new registrations just prior to the implementation of this law. Comment [KMS6]: This permits the gradual reduction of the number of licenses in the City, without affecting current businesses who comply with applicable laws. 5 (1) Tobacco Retail Licenses shall be granted, first, to any Applicant that held a valid Tobacco Retail License in the prior year for an establishment within 500 feet of the nearest point of the property line of a School and who is not seeking to renew that license. If there are more valid applications from such sellers for new licenses than the number of available new licenses, the licenses shall be granted to those Applicants by lottery; (2) Tobacco Retail Licenses shall be granted, second, to any person who will sell Tobacco Products at an Adult-Only Establishment. If there are more valid applications from such sellers for new licenses than the number of available new licenses, the licenses shall be granted to those Applicants by lottery; and (3) Any remaining available New Tobacco Retail Licenses shall be granted to Applicants by lottery. Section 99.6: Certain Locations (A) No Tobacco Retail License shall be issued to any seller of Tobacco Products or Smoking Paraphernalia that is not in a fixed, permanent location. (B) With the exception of the first year subsequent to effective date of this Article, no New Tobacco Retail License shall be issued to any establishment within 500 feet of the nearest point of the property line of a School. (C) With the exception of the first year subsequent to the effective date of this Article, no New Tobacco Retail License shall be issued to any establishment within 500 feet of the nearest point of the property line of any other establishment holding a valid Tobacco Retail License. Section 99.7: Required Fee (A) Each application for a New or Renewed Tobacco Retail License shall be accompanied by a fee of $500. (B) Starting two years after the effective date of this Article, the Department may, on an annual basis, modify the fee required pursuant to Section 99.7(A). The fee shall be calculated so as to recover the cost of administration and enforcement of this Article, including, for example, issuing a license, administering the license program, retailer education, retailer inspection and compliance checks, documentation of violations, and prosecution of violators, but shall not exceed the cost of the regulatory program authorized by this Article. All fees and interest upon proceeds of fees shall be used exclusively to fund the program. Fees are nonrefundable except as may be required by law. Section 99.8: Required License Display (A) Any Tobacco Retail License issued pursuant to this Article shall be displayed prominently at the location where the Tobacco Products or Smoking Paraphernalia are sold so that it is readily visible to customers. (B) Selling, offering for sale, or permitting the sale of any Tobacco Product or Smoking Paraphernalia without a valid Tobacco Retail License displayed in accordance with Section 99.8(A) constitutes a violation of this Article. Comment [KMS7]: This gives a preference to those retailers who voluntarily move their place of business further away from a school. Comment [KMS8]: This prevents new tobacco retailers from opening near schools (permits existing stores to obtain a license.) Comment [KMS9]: This will ensure the density of tobacco retailers is reduced. Comment [KMS10]: I encourage the council to use our license fee calculator to ensure that this fee will pay for the implementation, administration and enforcement of the license. 6 Section 99.9 Display of Tobacco Products and Smoking Paraphernalia No establishment licensed pursuant to this Article shall display or permit the display of any Tobacco Product, Smoking Paraphernalia, shisha or herbal cigarettes in a Window Display. Section 99.10: Revocation of Licenses (A) The Department may suspend or revoke a Tobacco Retail License issued pursuant to this Article for violations of the terms and conditions of this Article or for violation of any federal, state, or local law or regulation pertaining to (a) trafficking in contraband Tobacco Products or illegal drugs, (b) the payment or collection of taxes on Tobacco Products, (c) the display of Tobacco Products or of health warnings pertaining to Tobacco Products, or (d) the sale of Tobacco Products. (B) The Department may revoke a Tobacco Retail License if the Department finds that one or more of the bases for denial of a license under Section 99.4 existed at the time application was made or at any time before the license issued. Section 99.11: Violations and Enforcement (A) The Department or its authorized designee(s) shall enforce the provisions of this Article. The Department may conduct periodic inspections in order to ensure compliance with this Article. (B) In addition to the penalties provided for in Section 99.9, any Person found to be in violation of this Article shall be liable for civil penalty of not more than $500 for the first violation, not more than $1000 for the second violation within a two-year period, and not more than $5000 for the third and each subsequent violation within a two-year period. Each day on which a violation occurs shall be considered a separate and distinct violation. Section 99.12: Rules and Regulations The Department may issue and amend rules, regulations, standards, guidelines, or conditions to implement and enforce this Article. Section 99.13: Severability The provisions of this Article are declared to be severable, and if any section of this Article is held to be invalid, such invalidity shall not affect the other provisions of this Article that can be given effect without the invalidated provision. Section 99.14: Effective Date The effective date of this ordinance shall be thirty (30) days from the date of its enactment. Comment [KMS11]: I’ve changed this provision from the earlier draft in an effort to more clearly identify the intended restriction as I understand it. There are other alternatives to restricting the display of merchandise (such as restricting the display of any tobacco products or smoking paraphernalia within the store if it is open to minors). I am available to discuss these alternatives, as well as the legal issues surrounding the regulation of commercial speech that might be implicated. Comment [KMS12]: If there is an existing procedure for revoking existing City licenses for other businesses, it might be possible to integrate these processes. To: Svante Myrick, Mayor Bill Gray, Superintendent of Public Works Common Council Conservation Advisory Council Julie Holcomb, City Clerk Planning & Development Board Ari Lavine, City Attorney Phyllis Radke, Building Commissioner JoAnn Cornish, Deputy Director of Planning and Development Ed Marx, Tompkins County Commissioner of Planning From: Tom West, Assistant City Engineer Date: November 26, 2012 Re: Divestiture of City-owned lands – Concept Memo – Elmira Road, Seneca Street, State / Martin Luther King Street The Superintendent of Public Works and the Board of Public Works have recommended the sale of portions of right of way along Elmira Road, abandoned right of way along State / Martin Luther King Street and a parcel of land on the 700 block of East Seneca Street. Descriptions follow: Elmira Road The right of way for Elmira Road was acquired long before the area was annexed by the City. Acquisition followed existing property lines and resulted in an irregular right of way line. (Most rights of way are characterized by parallel longitudinal lines with the street centered between them.) The City has licensed use of the excess portion of that right of way to various property owners abutting Elmira Road. Recently adjustments were made to the fee structure to bring fees more in line with actual property values so it is no longer a bargain for the abutting owners. However, most of the owners have permanent improvements on the right of way and are unwilling or unable to abandon the use to avoid the new fee. Sale of these portions of right of way can be accomplished by quit claim deed with easements to protect any limited Public Works needs 700 block East Seneca Street, Tax parcel 68.-2-9.2 This 0.17 acre parcel was acquired by the City in 1982. The parcel is zoned R-3A. The assessed value of the land is $50,000. The parcel has remnants of a sidewalk and play structure once part of the school. The sidewalk runs from the North West corner of the property to the center of the property where it ends in an abrupt drop. The antiquated playground equipment has not apparently been maintained in decades. The East side of the property has some mature trees. The West side of the property is used for parking by the neighboring property without permission. The parcel is abutted by multi-unit residential structures on similarly sized parcels. 705 East Seneca Street has an assessed value of $400,000 which generates approximately $5000 in property taxes. Sale of the property can be affected by auction or sealed bids. The Board of Public Works has determined that there is no public works use for the property. ADDRESS Business Sq Ft Approximate Value 1 $10.00 344 Elmira Rd Garcia's Restaurant 3996 $39,960.00 340 Elmira Rd Burger King 4260 $42,600.00 338 Elmira Rd Monroe Muffler 2760 $27,600.00 Jiffy Lube 696 $6,960.00 334 Elmira Rd Vacant 1278 $12,780.00 328 Elmira Rd Arby's 2072 $20,720.00 326 Elmira Rd Wendy's 2500 $25,000.00 324 Elmira Rd Moe's Southwest 4370 $43,700.00 136 Fairgrounds Walmart 9475 $94,750.00 323 Elmira Rd Friendly 2678 $26,780.00 Total potential value $340,850.00 East State / Martin Luther King Street - 1105 Giles Street The City owns or has joint rights to approximately 1.5 acres of property located in the 1200 block of East State Street. The parcel is comprised of the abandoned right of way for Giles Street, an unopened, platted street (Cook Land Tract, Division Street) and several abandoned properties acquired by the City via tax sale or foreclosure. The front portion of these parcels is lawn and driveway maintained by the property owner at 1215 East State Street. The rear portion of the land is brush and woods with a deep ravine. The southernmost portion of the property, which abuts the south City line, has grassy areas which indicate the presence of a water main owned by Bolton Point. There is a large diameter storm pipe running across the properties to the ravine. Although the majority of the property would be difficult to develop for residential purposes, portions of the property might be attractive to abutting owners. The Board of Public Works has determined that the portion of these properties which has been designated as Natural Area and should continue to be designated as such. The Board has recommended sale of the remainder of these properties, comprised of the rights of way of old Giles Street and Division Street, with delineation of an easement to the City to accommodate maintenance of the existing storm sewer and water main facilities.