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HomeMy WebLinkAbout10-15-2003 Planning & Economic Dev. Committee Meeting Agenda - Part 2 1Ttjq'9 CITY OF ITHACA v519,o L.t 108 East Green Street 3rd Floor Ithaca,New Y DEPARTMENT OF PLANNING AND DEVELOPMENT C�q .........0`00, H.MATTHYS VAN CORT,DIRECTOR OF PLANNING AND DEVELOPMENT DOUGLAS B. McDONALD, DIRECTOR OF ECONOMIC DEVELOPMENT JOANN CORNISH, DEPUTY DIRECTOR OF PLANNING&DEVELOPMENT Telephone: Planning & Development -607-274-6550 Community Development/IURA- 607-274-6559 Email: planning @cityofithaca.org Email: iura @cityofithaca.org Fax: 607-274-6558 Fax: 607-274-6558 TO: Planning and Economic Development Committee FROM: JoAnn Cornish, Deputy Director of Planning and Development DATE: October 9, 2003 RE: Proposed Amendments to City of Ithaca Environmental Quality Review Ordinance (CEQR) Enclosed for your review is information concerning the proposal to revise the City of Ithaca Environmental Quality Review Ordinance (CEQRO). A first draft of this document was sent to your August Committee meeting. In response to discussion and comments, additional changes have been made and a tracked copy of the draft ordinance is enclosed for your review. The enclosed draft is an attempt to eliminate conflicts between CEQRO and the State Environmental Quality Review Act (SEQR). SEQR clearly states that no actions listed as Type II are subject to environmental review. CEQRO has been revised to eliminate conflicts between the State Type II actions and the City of Ithaca Type I actions. In addition, some thresholds on the Type I list have been changed to better reflect the extent of review typically required for projects of various scale and impact in the City of Ithaca. Enclosed please find a Short Environmental Assessment Form for the proposed revisions. This packet has been circulated to the Conservation Advisory Council and the Planning and Development Board. No significant environmental impacts are anticipated as a result of this action, therefore a negative declaration of environmental impact is recommended. Enclosed for your consideration are draft resolutions for lead agency, environmental significance, and adoption. Please feel free to contact me at 274-6550 if you have questions or require further information. CC: Common Council Norma Schwab, City Attorney H. Matthys Van Cort, Director of Planning and Development JoAnn Cornish,Deputy Director of Planning and Development Douglas McDonald, Director of Economic Development William J. Gray, Superintendent of Public Works Phyllis Radke,Acting Building Commissioner Mayor Alan J. Cohen "An Equal Opportunity Employer with a commitment to workforce diversification." 0 CITY SHORT ENVIRONMENTAL ASSESSMENT FORM Project Information: To be completed by applicant or project sponsor. 1. Applicant/Sponsor: 2. Project Name: Amendments to the City of Ithaca City Environmental Quality Review Ordinance(CEQR) 3. Project Location: City of Ithaca 4. Is Proposed Action: New Expansion IX Modification/Alteration 5. Describe project briefly: Project is the adoption of a revised City Environmental Quality Review Ordinance. The revisions that were made are intended to make the CEQR read more like the State Environmental Quality Review Ordinance. 6. Precise Location(Road Intersections,Prominent Landmarks, etc., or provide map) Citywide 7. Amount of Land Affected: Initially 3,885 Acres Ultimately 3,885_Acres 8. Will proposed action comply with existing zoning or other existing land use restrictions? N/A 9. What is present land use in vicinity of project: X Residential X Industrial Agricultural X Parkland/Open Space X Commercial Other Describe: 10. Does action involve a permit/approval, or funding, now or ultimately, from governmental agency(Federal, State or Local): X Yes No If Yes, List Agency Name and Permit/Approval Type: Common Council Adoption 11. Does any aspect of the action have a currently valid permit or approval? X Yes No If Yes, List Agency Name and Permit/Approval Type: —Previously adopted City Environmental Quality Review Ordinance 9-5-90 12. As a result of proposed action will existing permit/approval require modification? Yes No N/A I certify that the information provided above is true to the best of my knowledge PREPARER'S SIGNATURE: %/ (, DATE: 10/7/03 PREPARER'S TITLE: Econonfc Develo m nt Planner REPRESENTING: City of Ithaca q:\planning\projects\ceqro revisions\seaf.doc SHORT ENVIRONMENTAL ASSESSMENT FORM Project Information To Be Completed By Applicant In order to answer the questions in this Short Environmental Assessment Form (SEAF), the preparer is to use currently available information concerning the project and the likely impacts of the action. Name of Project: Amendments to the City Environmental Quality Review Ordinance Yes No 1.Will project result in a large physical change to the project site or physically alter more than one acre of land? X 2.Will there be a change to any unique or unusual land form found on the site or to any site designated a unique natural area or critical environmental area by a local or state agency? X 3.Will the project alter or have any effect on an existing waterway? X 4.Will the project have an impact on groundwater quality? X 5.Will the project affect drainage flow on adjacent sites? X 6.Will the project affect any threatened or endangered plant or animal species? X 7.Will the project result in an adverse effect on air quality? X 8.Will the project have an effect on visual character of the community or scenic views or X vistas known to be important to the community: 9.Will the project adversely impact any site or structure of historic,pre-historic,or paleontological importance or any site designated a local landmark or in a landmark X district? 10.Will the project have an effect on existing or future recreational opportunities? X 11.Will the project result in traffic problems or cause a major effect to existing transportation X systems? 12.Will the project cause objectionable odors,noise,glare,vibration, or electrical disturbance as a result of the project's operation during construction or after completion? X 13.Will the project have any impact on public health or safety? X 14.Will the project affect the existing community by directly causing a growth in permanent populations of more than 5 percent over a one-year period OR have a negative effect on X the character of the community or neighborhood? 15.Is there public controversy concerning the project? X If any question has been answered YES, a completed Long Environmental Assessment Form (LEAF) is necessary. PREPARER'S DATE: 03 PREPARER'S TITLE: Eco mic D elopment!Pl` er �� inn REPRESENTING: City of Ithaca 1 SEAF Parts II and III Q:\PLANNING\STAFFUoAnn\CEQR\CEQR 09-25-03-Tracked Copy.doc DRAFT—Chapter 176 CEQRO—revised 9-25-03 -Proposed text is as shown. Due to the complexity of cross referencing the text to other portions of the City ordinance, staff will work on the numbering and will have a corrected version of this document in time for it to be considered for adoption. § 176-1. Authority, intent and purpose. A. This chapter, the City Environmental Quality Review Ordinance (CEQR),This chapter is adopted pursuant to § 8-0113 of the Environmental Conservation Law to implement the provisions of the State Environmental Quality Review Act(SEQR).EN B. In adopting SEQR, it was the State Legislature's intention that all agencies conduct their affairs with an awareness that they are stewards of the air,water, land and living resources and that they have an obligation to protect the environment for the use and enjoyment of this and all future generations. C. The basic purpose of SEQR and CEQR is to incorporate the consideration of environmental factors into the existing planning, review and decision_making processes of state, regional and local government agencies at the earliest possible time. To accomplish this goal, SEQR and CEQR require that all agencies determine whether the actions they directly undertake, fund or approve may have a significant cffectimpact on the environment and, if it is determined that the action may have a significant e#fect.adverse impact ,prepare or request an environmental impact statement. D. It was the intention of the Legislature and is the intention of the Ithaca City Common Council that the protection and enhancement of the environment and human and community resources should be given appropriate weight with social and economic considerations in determining public policy and that those factors be considered together in reaching decisions on proposed activities. Accordingly, it is the intention of this chapter that a suitable balance of social, economic and environmental factors be incorporated into the planning and decision-making processes of state, regional and local agencies. It is not the intention of SEQR or CEQR that environmental factors be the sole consideration in decision_making. E. E. This chapter is intended to provide a citywide regulatory framework for the implementation of CEQR by all local agencies. It includes: 1. (1) Procedural requirements for compliance with the law. 2. (2) Provisions for coordinating multiple agency environmental reviews through a single lead agency(§ 176-6 of this chapter). 3. (3) Criteria to determine whether a proposed action may have a significant e€€ectadverse impact on the environment(§ 4-76 11176-7 of this chapter). 4. (1) Model assessment forms to aid in determining whether an action may have a significant effeetadversc impact on the environment (Appendixes A, B and C of§ 176-19 of this chapterE#). 5. f ----Examples of actions and classes of actions which are likely to require an EIS (§ ,176 12176-4 of this chapter) and those which will not require an EIS (§ 17(43176- 5 of this chapter). 1 Q:\PLANNING\STAFF\JoAnn\CEQR\CEQR 09-25-03-Tracked Copy.doc § 176-2. Definitions. As used in this chapter, unless the context otherwise requires, the following terms shall have the meanings indicated: ACT --Article 8 of the Environmental Conservation Law (SEQR). ACTIONS -- Includes: A. A--Projects or physical activities, such as construction or other activities that may affect the environment by changing the use, appearance or condition of any natural resource or structure, that: 1. (1) Are directly undertaken by an agency; 2. (2) Involve funding by an agency, including but not limited to funding activities such as proposal, approval or disapproval of contracts, grants, subsidies, loans, tax abatements or exemptions or other forms of direct and indirect financial assistance; or 3. (3) Require one or more new or modified approvals from an agency or agencies . - ... . , -. •- , . - . - . . . -. ' -•• for use or permission to act.' B. B. Agency planning and policy-making activities that may affect the environment and commit the city to a definite course of future decisions. C. €,-Adoption of agency rules, regulations and procedures, including local laws, codes, ordinances, executive orders and resolutions, that may affect the environment. D. D—Any combination of the above. AGENCY The A State or local Agency, including the Common Council and any city department, agency,board, public benefit corporation,public authority or commission. The terms "agency" and "city agency" are used interchangeably in this chapter. APPLICANT--Any person making an application or other request to an agency to provide funding or to grant an approval in connection with a proposed action. APPROVAL-- A discretionary decision by an agency to issue a permit, certificate, license, lease or other entitlement or to otherwise authorize a proposed project or activity. CITY -- The municipal government of the City of Ithaca. COMMISSIONER-- The Commissioner of the New York State Department of Environmental Conservation. CONDITIONED NEGATIVE DECLARATION(CND) --A negative declaration issued by a lead agency for an unlisted action involving an applicant, in which the action as initially proposed may result in one or more significant adverse environmental cffects;impacts; however, mitigation measures identified and required by the lead agency pursuant to the procedures in § 176 61176-7 will modify the proposed action so that no significant adverse environmental impacts will result. 2I Q:\PLANNING\STAFF\JoAnn\CEQR\CEQR 09-25-03-Tracked Copy.doc CRITICAL ENVIRONMENTAL AREA(CEA) --A specific geographic area designated by a state or local agency, having exceptional or unique environmental characteristics that make the area environmentally important. (See § 176-14 of this chapter.) Any unlisted action located in a CEA must be treated as a Type I action by any involved agency. DEC or DEPARTMENT -- The New York State Department of Environmental Conservation. DIRECT ACTION or DIRECTLY UNDERTAKEN ACTION--An action planned and proposed for implementation by an agency. "Direct actions" include but are not limited to capital projects,promulgation of agency rules, regulations, laws, codes, ordinances or executive orders and policy-making which commits an agency to a course of action that may affect the environment. ENVIRONMENT -- The physicala„c' socioeconomic conditions which will be affected by a proposed action, including land, air, water, minerals, flora, fauna,noise,resources of agricultural, archaeological, historic or aesthetic significance, existing patterns of population concentration, distribution or growth, existing community or neighborhood character and human health. ENVIRONMENTAL ASSESSMENT FORM (EAF) --A form used by an agency to assist it in determining the environmental significance or nonsignificance of an action. A properly completed EAF shall contain enough information to describe the proposed action, its location, its purpose and its potential impacts on the environment. The model full and short EAF's contained in Appendixes A and C of§ 176-19 of this chapter£ may be modified by the Common Council to better serve it in implementing CEQR, provided that the scope of the modified form is as comprehensive as the model. ENVIRONMENTAL IMPACT STATEMENT (EIS) -- A written"draft" or"final" document prepared in accordance with §§ 176 176-9 and 176-14 of this chapter. An EIS provides a means for agencies, project sponsors and the public to systematically consider significant adverse environmental impacts, alternatives and mitigation. An EIS facilitates the weighing of social, economic and environmental factors early in the planning and decision-making process. A "draft" EIS is the initial statement prepared by either the appproject sponser or the lead agency and circulated for review and comment.The lead agency is responsible for the preparation of the finalEIS. An EIS may also be generic in accordance with § 176-10 of this chapter, supplemental in accordance with paragraph & 176-9A(7) of this chapter, or federal in accordance with .$ 176-154-this chapter. An EIS may be a federal draft and final EIS in accordance with § 176 16 of this chapter. ENVIRONMENTAL NOTICE BULLETIN(ENB) -- The weekly publication of the Department published pursuant to § 3-0306 of the Environmental Conservation Law. EXCLUDED ACTION An action to which the requirements of this chapter do not apply. Excluded actions are: A. An action undertaken, funded or approved prior to the effective date(s) set forth in SEQR(see Chapter 228 of the Laws of 1976, Chapter 252 of the laws of 1977 and Chapter 460 of the Laws of 1978), except as provided in the June 1, 1987, version of 6 3 1 Q:\PLANNING\STAFF\JoAnn\CEQR\CEQR 09-25-03-Tracked Copy.doc NYCRR 617.2(p)(1). An action shall be deemed to be undertaken or approved prior to construction activities has been entered into or if a continuous program of on site construction or modifications has been engaged in or if, in the case of an action involving federal participation, either a draft EIS or a negative declaration has been duly prepared under the National Environmental Policy Act of 1969. B. An action requiring a certificate of environmental compatibility and public need under Article VII or VIII of the Public Service Law and the consideration of, granting or denying of any such certificate. EXEMPT ACTION Any one of the following: A. Civil or criminal enforcement proceedings,whether administrative or judicial, including a particular course of action specifically required to be undertaken pursuant to a judgment or order, or the exercise of prosecutorial discretion. B. Official acts of a ministerial nature involving no exercise of discretion. C. Maintenance or repair involving no substantial changes in an existing structure or facility. D. Emergency actions which are immediately necessary on a limited and temporary provided that such actions are directly related to the emergency and are performed to cause the least change or disturbance practicable, under the circumstances, to the emergency has expired is fully subject to the review procedures of this chapter. E. Actions of the Legislature of the State of New York or of any court. Actions of the Common Council are not exempt. FINDINGS STATEMENT --A written statement prepared by aneach involved agency, in accordance with § -9176-11 of this chapter, after a final EIS has been filed, that considers the relevant environmental impacts presented in an. EIS,weighs and balances them with social, economic, and other essential considerations, provides a rationale for the agency's decision and certifies that the CEQR requirements have been met-and FUNDING--Any financial support given by an agency, including contracts, grants, subsidies, loans or other forms of direct or indirect financial assistance in connection with a proposed action. INDUSTRIAL FACILITY Those facilities that are intended for: A. Manufacturing use(s) as defined and listed in the Standard Industrial Classification Manual, Executive Office of the President, Office of Management and B. Warehousing and distribution uses.IMPACT—Any change or effect on any aspect(s) of the environment. INTERESTED AGENCY --An agency that lacks the jurisdiction to fund, approve or directly undertake an action but wishes to participate in the review process because of its 41 Q:\PLANNING\STAFF\JoAnn\CEQR\CEQR 09-25-03-Tracked Copy.doc specific expertise or concern about the proposed action. An interested agency has the same ability to participate in the review process as a member of the public. INVOLVED AGENCY --An agency that has jurisdiction by law to fund, approve or directly undertake an action. If an agency will ultimately make a discretionary decision to fund, approve or undertake an action, then it is an involved agency, notwithstanding that it has not received an application for funding or approval at the time the CEQR process is commenced. The lead agency is also an involved agency. LEAD AGENCY --An involved agency principally responsible for carrying eundertaking , funding or approving an action and therefore responsible for determining whether an environmental impact statement is required in connection with the action and for the preparation and filing of the statement if one is required. MINISTERIAL ACT -- An action performed upon a given statement of facts in a prescribed manner imposed by law without the exercise of any judgment or discretion as to the propriety of the action, such as the grant of a driver's license, although such law may require, in some degree, a construction of its language or intent, hunting or fishing license. MITIGATION -A way to avoid or minimize adverse environmental impacts. any other permit or approval that allows any land alteration,new construction or significant expansion of any existing structure or facility for any project occurring wholly or partially within 100 feet of any special resource ar a listed in § 176 12B(1)(1) of this NEGATIVE DECL TION- A written determination by a lead agency that the implementation of the action as proposed wilt not resuit.in any significant adve e environmental effects Impacts A negative declaration may also be a conditioned negati° e,declaratxon a defined in subdivision.,§ 176- 1 .Negative declarations must be prepared'and fled in:accordance with;§* 176-6H and 176-10A(1)of this chapter. PERMIT -- A permit, license, lease, certificate or other entitlement for use or permission to act that may be granted or given by an agency. PERSON--Any agency, individual, corporation, governmental entity,partnership, association, trustee or other legal entity. PHYSICAL ALTERATION-- Includes but is not limited to the following activities: vegetation removal; demolition; stockpiling materials; grading and other forms of earth work; dumping, filling or depositing; discharges to air or water; excavation or trenching; application of pesticides, herbicides or other chemicals; application of sewage sludge; dredging, flooding, draining or dewatering; paving; construction of buildings, structures or facilities; and extraction, injection or recharge of resources below ground. POSITIVE DECLARATION--A written statement prepared by the lead agency indicating that implementation of the action as proposed may have a significant effectadverse impact on the environment and that an environmental impact statement will be required. Positive declarations must be prepared and filed in accordance with -176- 4-0B 176-7 and 176-12 of this chapter. 51 Q:\PLANNING\STAFF\JoAnn\CEQR\CEQR 09-25-03-Tracked Copy.doc PROJECT SPONSOR--Any applicant or agency primarily responsible for undertaking an action. RESIDENTIAL -- Any facility used for permanent or seasonal,habitation, including but not limited to realty subdivisions, apartments, mobile home parks and campsites offering any utility hookups for recreational vehicles. I:t does not include such facilities as hotels, hospitals, nursing homes, dormitories or prisons. SCOPING-- The process by which the lead agency identifies the potentially significant issuesadverse impacts related to the proposed action which are to be addressed in the draft EIS, including, where possible, the content and level of detail of the analysis, the range of alternatives, the mitigation measures neededto minimize or eliminate adverse impacts and the identification of nonrelevant issues. Scoping is intended to promote the - •-- ' - • -. . s - - - provides a project sponsor with guidance on matters which must be considered and to prevideprovi.des an opportunity for early involved agency and public awareness of the proposal.participation by involved agencies and the public in the review of the proposal. SEGMENTATION -- The division of the environmental review of an action such that various activities or stages are addressed under this chapter as though they were independent, unrelated activities needing individual determinations of significance. STATE AGENCY-- Any state department, agency, board, public benefit corporation, public authority or commission. TYPE I ACTION -- An action or class of actions listed in § 176 12176-4 of this chapter or in any involved agency's procedures adopted pursuant to § 176-14 of this chapter. TYPE II ACTION--An action or class of actions which is listed in § 176 13 of this chapter. 176-5 of this chapter. When the term is applied in reference to an individual agency's authority to review or approve a particular proposed project or action, it shall also mean an action or class of actions identified as Type II actions in that agency's own procedures to implement CEQR adopted pursuant to § 176-14 of this chapter. The fact that an action is identified as a Type II action in any agency's procedures does not mean that it must be treated as a Type II action by any other agency not identifying it as a Type II action in its procedures. UNLISTED ACTION--All actions not .. . . -• . . chapter.identified as a Type I or Type II action in this chapter, or in the case of a particular agency action, not identified as a Type I or Type II action in the agency's own CEQR procedures. § 176-3. General previsiens.Rules A. 4:—No agency involved in an action shall carry out,may undertake t, fund or approve the action until it has complied with the provisions of CEQR. NeA project sponsor may not commence any physical alteration related to an action shalibe commenced by a project sponsor until the provisions of CEQR have been complied with, except as provided under § 176-3C or 176-13B(21) of this chapter. No agency shall issue 61 • Q:\PLANNING\STAFF\JoAnn\CEQR\CEQR 09-25-03-Tracked Copy.doc aAn involved agency may not issue its findings and decision on an action thatif it knows any other involved agency has determined that the action may have a significant effectadverse impact on the environment until a final EIS statement havehas been filed, except as provided under § 176 8E(1) of this chapter 6 NYCRR 617.8(e)(1).176-9A(5)(a) of this chapter. B. II—City environmental quality review does not change the existing jurisdiction of agencies. City environmental quality review provides all involved agencies with the authority, following the filing of a final EIS and written findings statement or pursuant to § 176-6H of this chapter, to impose substantive conditions upon an action to ensure that the requirements of this chapter have been satisfied. The conditions imposed must be practicable and reasonably related to impacts identified in the EIS or the conditioned negative declaration. C. Nothing in this chapter shall prevent an agency or an applicant from: (1) Conducting concurrent environmental, engineering, economic, feasibility and other studies and preliminary planning and budgetary processcs.necessary to the agency to commence, engage in or approve such action. (2) Engaging in review of any part of an application to determine compliance with applicant to commence the action unless and until all requirements of this chapter have been fulfilled. D. The Common Council need not apply CEQR to its legislative decision process if the Common Council determines that the action will not be entertained. E. An agency may waive the requirements for an EAF if a draft EIS is prepared or submitted. C. F,---An application for agency funding or approval of a Type I or unlisted action shall not be complete until: 1. until aA negative declaration has been issued or 2. filed-Of-until-aA draft EIS has been accepted by the lead agency as satisfactory with respect to scope, content and adequacy. - - • . . . - acceptance,When the draft EIS is accepted, the CEQR process shall run concurrently with other procedures relating to the review and approval of the action if reasonable time is provided for preparation,review and public hearings with respect to the draft EIS. D. G—The lead agency shall make every reasonable effort to involve project sponsors, applicants, other agencies and the public in the CEQR process. Early consultations initiated by agencies can serve to narrow issues of significance and to identify areas of controversy relating to environmental issues, thereby focusing the impacts issuesand alternatives requiringin-in-depth analysis in an EIS. H. The effect of an applicant or agency exercising due diligence in identifying all other agencies having funding or approval authority over the action and of the agency or 71 • Q:\PLANNING\STAFF\JoAnn\CEQR\CEQR 09-25-03-Tracked Copy.doc i significance to such other involved agencies shall be that, unless an involved agency formally objects to the establishment of a lead agency pursuant to § 176 6E, of this chapter, no other involved agency may later require the preparation of an EIS in connection with the action. E. l—Each agency involved in a proposed action has the responsibility to provide the lead agency with information it may have which may assist the lead agency in making its determination of significance, to identify issuespotentially significant adverse impacts in the scoping process, to comment in a timely manner on the EIS if it has concerns which need to be addressed and to participate as may be needed in any public hearing. Otherinterested agencies interested in a proposed action are strongly encouraged to make known their views on the action,particularly with respect to their areas of expertise and jurisdiction. F. —No CEQR determination of significance, EIS or findings statement is required for actions which are Type II, excluded or exempt from CEQR. G. Iry Actions commonly consist of a set of activities or steps(e.g., for capital projects operation).The entire set of activities or steps shall be considered the action,whether the agency decision making relates to the action as a whole or only a part of it. 1. (1) Considering only a part or segment of an action is contrary to the intent of CEQR. If a lead agency believes that circumstances warrant a segmented review, it must clearly state in its determination of significance and any subsequent EIS the supporting reasons and must demonstrate that such review is clearly no less protective of the environment. Related actions should be identified and discussed to the fullest extent possible. (2) If it is determined that an EIS is necessary, only one draft and one final EIS need detail sufficient for an adequate analysis of environmental effects. Except for a supplement to a generic environmental impact statement(see § 176 15 of this chapter), a supplement to a draft or final EIS will only be required in the circumstances prescribed in § 176 8G of this chapter. L. Agencies shall carry out the terms and requirements of this chapter with minimum - e . - - -M. Time periods in this chapter may be extended by mutual agreement between an agency. N. The City of Ithaca Conservation Advisory Council has no specific responsibility for implementing the Environmental Quality Review Ordinance, except that its input and made or a draft environmental impact statement is prepared. § 176 4. Critical environmental areas. 8 1 Q:\PLANNING\STAFF\JoAnn\CEQR\CEQR 09-25-03-Tracked Copy.doc The Common Council may designate a specific geographic area within the boundaries of the city as a critical environmental area(CEA). A state agency may also designate as a CEA a specific geographic ar-a which is owned or managed by the state or is under its _ . action by any involved agency. A. To be designated as a CEA, an area must have an exceptional or unique character covering one or more of the following: (1) A benefit or thr at to human health. (2) A natural setting(e.g., a fish and wildlife habitat, forest and vegetation, open space and areas of important aesthetic or scenic quality). (3) Social, cultural,historic, archaeological, recreational or educational values. (1) An inherent ecological, geological or hydrological sensitivity to change which may be adversely affected by any change. B. Notification that an area has been designated as a CEA must be filed with: (1) The Commissioner. (2) The appropriate regional office of the DEC. (3) Any other agency regularly involved in approving, undertaking or funding actions in the area which has been designated. C. This designation shall take effect 30 days after such filing. The filing must contain a map at an appropriate scale to readily locate the boundaries of the CEA. Each designation of a CEA shall be published in the ENB by the DEC, and the DEC shall serve as a clearinghouse for information on CEA's. § 176 5. Initial review of actions. A. As early as possible in an agency's formulation of an action it proposes to undertake or as soon as an agency receives an application for a funding or approval action, it shall do the following: (1) Determine whether the action is subject to CEQR. If the action is an exempt, an excluded or a Type II action, the agency shall have no further responsibilities under this chapter. (2) Determine whether the action involves a federal agency. If the action involves a federal agency, the provisions of§ 176 16 of this chapter shall apply. 2. (3) Determinclf it is determined that an EIS is necessary for an action consisting of a set of activities or steps, only one draft and one final EIS need be prepared on the action provided that the statement addresses each part of the action at a level of detail sufficient for an adequate analysis of the significant adverse environmental impacts . Except for a supplement to a generic environmental impact statement(see § 176-10 of this chapter), a supplement to a draft or final EIS will only be required in the circumstances prescribed in § 176- 9A(7) of this chapter. 91 • Q:\PLANNING\STAFF\JoAnn\CEQR\CEQR 09-25-03-Tracked Copy.doc i H. Agencies shall carry out the terms and requirements of this chapter with minimum procedural and administrative delay, shall avoid unnecessary duplication of reporting and review requirements by providing, where feasible, for combined or consolidated proceedings and shall expedite all CEQR proceedings in the interest of prompt review. I. Time periods in this chapter may be extended by mutual agreement between an applicant and the lead agency,with notice to all other involved agencies by the lead agency. § 176-4. Type I Actions A. The purpose of the list of Type I actions in this section is to identify, for agencies, project sponsors and the public, those actions and projects that are more likely to require the preparation of an EIS than unlisted actions. All agencies are subject to this Type I list. 1. This Type I list is not exhaustive of those actions that an agency determines may have a significant adverse impact on the environment and require the preparation of an EIS. The fact that an action or project has been listed as a Type I action carries with it the presumption that it is likely to have a significant effect on the environment and may require an EIS. For all individual actions which are Type I or Unlisted, the determination of significance must be made by comparing the impacts which may be reasonably expected to result from the proposed action with the criteria listed in ,& 176-7C of this chapter. [Amended 9-2-1992 by Ord. No. 92-11] B. The following actions are Type I if they are to be directly undertaken, funded or approved by an agency: 1. The adoption of a land use plan, the adoption by any agency of a comprehensive resource management plan or the initial adoption of comprehensive zoning regulations 2. The adoption of changes in the allowable uses within any zoning district, affecting 5 or more acres of the district 3. The granting of any zoning change at the request of an applicant for an action that meets or exceeds one or more of the thresholds given in other sections of this list. 4. The acquisition, sale, lease, annexation, or other transfer of more than 5 contiguous acres of land. 5. Construction of new residential units that meet or exceed the following thresholds: (a) A residential development or subdivision of 25 or more dwelling units, as that term is defined in § 325-3 of Chapter 325, Zoning, (or demolition thereof). 10 • Q:\PLANNING\STAFF\JoAnn\CEQR\CEQR 09-25-03-Tracked Copy.doc 6. Activities, other than the construction of residential facilities, that meet or exceed any of the following thresholds; or the expansion of existing nonresidential facilities by more than 50 percent of the following thresholds: (a) A project or action that involves the physical alteration of 5 acres; (b) Any facility, development or project which would use ground- or surface water in excess of 250,000 gallons per day. (c) Parking facilities or other facilities with an associated parking area for 500 or more vehicles. (d) Any facility with more than 100,000 square feet of gross floor area. (e) Any structure exceeding 100 feet above original ground level in a locality without any zoning regulation pertaining to height. 7. Any Unlisted action(unless the action is designed for the preservation of the facility or site) occurring wholly or partially within, or substantially contiguous to, any historic building, structure, facility, site or district or prehistoric site that is listed on the National Register of Historic Places, or that has been proposed by the New York State Board on Historic Preservation for a recommendation to the State Historic Preservation Officer for nomination for inclusion in the National Register, or that is listed on the State Register of Historic Places (The National Register of Historic Places is established by 36 Code of Federal Regulation (CFR) Parts 60 and 63, 1994; 8. Any Unlisted action which exceeds 25%of any threshold in this section, occurring wholly or partially within or substantially contiguous to any publicly owned or operated parkland, recreation area or designated open space, including any site on the Register of National Natural Landmarks pursuant to 36 CFR 62. 9. Any Unlisted action, that exceeds a Type I threshold established by an involved agency pursuant to section § 176-4 of this chapter, 176-5. Type II actions. A. Actions or classes of actions identified in subdivision C of this section are not subject to review under this chapter. These actions have been determined not to have a significant impact on the environment or are otherwise precluded from environmental review under Environmental Conservation Law, article 8. The actions identified in subdivision C of this section apply to all agencies. B. Each agency may adopt its own list of Type II actions to supplement the actions in subdivision C of this section. No agency is bound by an action on another agency's Type II list. An agency that identifies an action as not requiring any determination or procedure under this chapter is not an involved agency. Each of the actions on the Type II list must: 11 • Q:\PLANNING\STAFF\JoAnn\CEQR\CEQR 09-25-03-Tracked Copy.doc 1. In no case, have a significant adverse impact on the environment based on the criteria contained in subdivision 176-7C of this chapter; and 2. Not be a Type I action as defined in § 176-4 of this chapter. C. The following actions (and any action listed in section 617.5 of SEQR as amended) are not subject to review under this chapter: 1. Maintenance or repair involving no substantial changes in an existing structure or facility; 2. Replacement, rehabilitation or reconstruction of a facility in kind on the same site, including upgrading buildings to meet building or fire codes, unless such action meets or exceeds any of the thresholds in § 176-4 of this chapter. 3. Agricultural farm management practices, including construction, maintenance and repair of farm buildings and structures and land use changes consistent with generally accepted principles of farming. 4. Repaving of existing highways not involving the addition of new travel lanes. 5. Street openings and right-of-way openings for the purpose of repair or replacement or maintenance of existing utility facilities. 6. Maintenance of existing landscaping or natural growth; 7. Construction or expansion of aprimary or accessory/appurtenant, nonresidential structure or facility or facility involving less than 4,000 square feet of gross floor area and not involving a change in zoning or a use variance and consistent with local land use controls,but not radio communication or microwave transmission facilities; 8. Routine activities of educational institutions, including expansion of existing facilities by less than 10,000 square feet of gross floor area and school closings but not changes in use related to such closings. 9. Construction or expansion of a single-family, a two family, or a three family residence on an approved lot including provision of necessary utility connections as provided in paragraph (11) and the installation, maintenance and/or upgrade of a drinking water well and a septic system; 10. Construction, expansion, or placement of minor structures accessory/ appurtenant residential facilities, including garages, carports, patios, decks, home swimming pools, tennis courts, satellite dishes, fences, barns storage sheds, or other buildings not changing land use or density; 11. The extension of utility distribution facilities including gas, electric, telephone, cable,water and sewer connections to render service in approved subdivisions or in connection with any action on this list. 12. Granting of individual setback and lot line variances 13. Granting of an area variance for a single-family, two-family, or three-family residence 12 • Q:\PLANNING\STAFF\JoAnn\CEQR\CEQR 09-25-03-Tracked Copy.doc 14. Public or private best forest (silvicultural) management practices on less than 10 acres of land,but not including waste disposal, land clearing not directly related to forest management, clear-cutting, or the application of herbicides or pesticides 15. Minor temporary uses of land having negligible or no permanent impact on the environment. 16. Installation of traffic control devices on existing streets, roads and highways 17. Information collection, including basic data collection and research, water quality and pollution studies, traffic counts, engineering studies, surveys, subsurface investigations and soils studies that do not commit the agency to undertake, fund or approve any Type I or unlisted action. 18. Mapping of existing roads, streets, highways, natural land uses, ownership patterns 19. Official acts of a ministerial nature involving no exercise of discretion, including building permits and historic preservation permits where issuance is predicated solely on the applicant's compliance or noncompliance with the relevant local building or preservation code(s); 20. Routine or continuing agency administration or management, not including new programs or major reordering of priorities that may affect the environment. 21. Conducting concurrent environmental, engineering, economic, feasibility and other studies and preliminary and budgetaryprocesses necessary to the formulation of a proposal for action, provided those activities do not commit the agency to commence, engage in or approve such action; 22. Collective bargaining activities. 23. Investments by or on behalf of agencies or pension or retirement systems or refinancing of existing debt. 24. Inspections and licensing activities relating to the qualifications of individuals or businesses to engage in their business or profession. 25. Purchase or sale of furnishings, equipment or supplies, including surplus government property, other than land,radioactive material, pesticides, herbicides or other hazardous materials. 26. License, lease and permit renewals or transfers of ownership thereof where there is no material change in permit conditions or the scope of permitted activities. 27. Adoption of regulations, policies, procedures and local legislative decisions in connection with any action on this list. 28. Engaging in review of any part of an application to determine compliance with technical requirements, provided that no such determination entitles or permits the project sponsor to commence the action unless and until all requirements of this chapter have been fulfilled; 13 • Q:\PLANNING\STAFF\JoAnn\CEQR\CEQR 09-25-03-Tracked Copy.doc 29. Civil or criminal enforcement proceedings,whether administrative or judicial, including a particular course of action specifically required to be undertaken pursuant to a judgment or order, or the exercise of prosecutorial discretion 30. Adoption of a moratorium on land development or construction 31. Interpreting an existing code, rule, or regulation 32. Designation of local landmarks or their inclusion within historic districts; 33. Emergency actions that are immediately necessary on a limited and temporary basis for the protection or preservation of life,health,property or natural resources,provided that such actions are directly related to the emergency and are performed to cause the least change or disturbance, practicable under the circumstances, to the environment. Any decision to fund, approve, or directly undertake other activities after the emergency has expired is fully subject to the review procedures of this chapter; 34. Actions undertaken, funded or approved prior to the effective dates set forth in SEAR except in the case of an action where it is still practicable to either modify the action in such a way as to mitigate potentially adverse environmental impacts, or to choose a feasible or less environmentally damaging alternative, the Commissioner may, at the request of any person, or on his/her own motion, require the preparation of an environmental impact statement; or, in the case of an action where the responsible agency proposed a modification of the action and the modification may result in a significant adverse environmental impact on the environment, an environmental impact statement must be prepared with respect to such modification; 35. Actions requiring a certificate of environmental compatibility and public need under articles VII, VIII or X of the Public Service Law and the consideration of, granting or denial of any such certificate; 36. Actions subject to the class A or class B regional project jurisdiction of the Adirondack Park Agency or a local government pursuant to section 807, 808 and 809 of the Executive Law, except class B regional projects subject to review by local government pursuant to section 807 of the Executive Law located within the Lake George Park as defined by subdivision one of section 43-0103 of the Environmental Conservation Law; and 37. Actions of the Legislature and the Governor of the State of New York or of any court, but not actions of local legislative bodies except those local legislative decisions such as rezoning where the local legislative body determines the action will not be entertained. 14 • Q:\PLANNING\STAFF\JoAnn\CEQR\CEQR 09-25-03-Tracked Copy.doc • A. 176.6 Initial review of Actions and Establishing Lead Agency 1. Initial review of actions (a) As early as possible in an agency's formulation of an action it proposes to undertake or as soon as an agency receives an application for a funding or approval action, it shall do the following: (1) Determine whether the action is subject to CEQR. If the action is a Type II action as defined by section 176-5 of CEQR or section 617.5 of SEQR as amended, the agency shall have no further responsibilities under this chapter. (2) Determine whether the action involves a federal agency. If the action involves a federal agency,the provisions of§ 176-15 of this chapter shall apply. (3) Determine whether the action may involve one or more other agencies. (4) (1) Make a preliminary classification of an action as Type I or unlisted, using the information available and comparing it with the thresholds set forth in § 176 12Make a preliminary classification of an action as Type I or unlisted, using the information available and comparing it with the thresholds set forth in § 176-4 of this chapter. Such preliminary classification will assist in determining whether a full EAF and coordinated review is necessary. (5) For all actions subject to CEQR, determine whether a full or short EAF will be 2. B. For Type I actions, a full EAF (see § 176-19, Appendix A, of this chapterEN)must be used to determine the significance of such actionsthat are funded, approved or directly undertaken by an agency unless a draft EIS has been prepared on the action. The project sponsor must complete Part 1 of the full EAF, including a list of all other involved agencies which the project sponsor has been able to identify, exercising all due diligence. The lead agency is responsible for preparing Part 2 and, as needed, Part 3. 3. C. For unlisted actions,the short EAF (see § 176-19, Appendix C, of this chapterEN) must, as a minimum,be used to determine the significance of such actions that are funded, approved or directly undertaken by an agency. However, an agency may instead use the full EAF for unlisted actions if the short EAF would not provide the lead agency with sufficient information on which to base its determination of significance. The lead agency may require other information necessary to determine significance. D ^.,.,city agency receiving or filling out an environmental assessment form shall, Advisory Council for their comments and recommendations. 15 • Q:\PLANNING\STAFF\JoAnn\CEQR\CEQR 09-25-03-Tracked Copy.doc A. The Ithaca City Common Council shall have overall responsibility for implementation of this chapter. The Common Council may designate that a particular city commission. If an action involves more than one agency, the designation of I-ad agency shall be made in accordance with the procedure set forth below, unless the Common Council designates otherwise. B. Lead agency procedures when a single agency is involved and the Common Council has not designated a lead agency. An agency will be the lead agency when it proposes to undertake or receives an application for funding or approval of a Type I or unlisted action that does not involve another agency. of the action as early as possible in the design or formulation of the action. shall determine the significance of the action within 20 calendar days of its receipt of the application, and EAF or any additional information reasonably necessary to make that determination C. Lead agency procedures when more than one agency is involved. more than one agency, a lead agency must be established prior to a determination of (2) When an agency has been established as the lead agency for an action involving an applicant and has determined that an EIS is required, it must, in accordance with § in writing, that it is the lead agency and that and EIS is required. (3) The lead agency shall continue in that role until either a negative declaration is filed, a findings statement is filed or a lead agency is reestablished in accordance with § 176 6G of this chapter. D. Time periods for coordinated review. (1) When an agency proposes to directly undertake or receives an application for . .. . . . ., - .. _ 't, .. . - • . • . - - • . :, , . .. . .. . -, - - -5 � b•. .. - - I - . - . - - - -. - - -- - • - - - . L - - - . (2) The lead agency shall determine the significance of the action within 20 calendar . . - •-• nediatcly file the determination in accordance with § 176 10 of this chapter. E. Uncoordinated review for unlisted actions involving more than one agency. 16 • Q:\PLANNING\STAFF\JoAnn\CEQR\CEQR 09-25-03-Tracked Copy.doc any authorization is granted which commits an agency to a particular action or within 20 calendar days of its receipt of an application and an EAF and other reasonably necessary information, an agency shall make a determination of significance. (2) When an agency determines that an unlisted action may have a significant effect on the environment, coordinated review and notification in accordance with Subsections C and D of this section is required. 4. (3) When an agency determines that an unlisted action will not have a procedures set forth in Subsections C and D of this section are optional. For uncoordinated review of unlisted actions, each involved agency must make its --- . • An agency may waive the requirement for an EAF if a draft EIS is prepared or submitted. The draft EIS may be treated as an. EAF for the purpose of determining significance. 5. Any city agency receiving or filling out an environmental assessment form shall, within five days,provide a copy of the document to the Chairperson of the City Conservation Advisory Council and to the Common Council liaisons to the Conservation Advisory Council for their comments and recommendations. 6. Determine whether the Type I or Unlisted action is located in an agricultural district and comply with the provisions of subdivision(4) of section 305 of article 25-AA of the Agricultural and Markets Law, if applicable. B. Establishing Lead Agency 1. When a single agency is involved, then that agency will be the lead agency when it proposes to undertake or receives an application for funding or approval of a Type I or unlisted action that does not involve another agency. (a) If the agency is directly undertaking the action, it shall determine the significance of the action as early as possible in the design or formulation of the action. (b) If the agency has received an application for funding or approval of the action, it shall determine the significance of the action within 20 calendar days of its receipt of the application, and EAF or any additional information reasonably necessary to make that determination, whichever is later. 2. When more than one agency is involved: (a) For all Type I actions and for coordinated review of unlisted actions involving more than one agency, a lead agency must be established prior to a determination of significance. For unlisted actions where there will be no coordinated review, the procedures in § 176-6B5 of this chapter must be followed. (b) When an agency has been established as the lead agency for an action. involving an applicant and has determined that an EIS is required, it must, in accordance with § 176-12B of this chapter, promptly notify the applicant 17 r Q:\PLANNING\STAFFUoAnn\CEQR\CEQR 09-25-03-Tracked Copy.doc and all other involved agencies, in writing, that it is the lead agency and that and EIS is required and whether scoping will be conducted. (c) The lead agency shall continue in that role until either a negative declaration is filed, a findings statement is filed or a lead agency is reestablished in accordance with ,S 176-6B7 of this chapter. 3. Coordinated review. (a) When an agency proposes to directly undertake or receives an application for funding or approval for a Type I action or an unlisted action undergoing coordinated review in which other agencies are involved, it shall, as soon as possible transmit Part 1 of the EAF completed by the project sponsor, or a draft EIS and a copy of any application it has received to all involved agencies and notify them that a lead agency must be agreed upon within 30 calendar days of the date the EAF or draft EIS was transmitted to them. (b) The lead agency shall determine the significance of the action within 20 calendar days of its establishment as lead agency or within 20 calendar days of its receipt of all information it may reasonably need to make the determination of significance,whichever occurs later, and shall immediately file the determination in accordance with $ 176-12 of this chapter. (c) If a lead agency exercises due diligence in identifying all other involved agencies and provides written notice of its determination of significance to the identified involved agencies, then no involved agency may later require the preparation of an EAF, a negative declaration of significance or an EIS in connection with the action. The determination of significance issued by the lead agency following coordinated review is binding on all other involved agencies. 4. Uncoordinated review for unlisted actions involving more than one agency. (a) An agency conducting an uncoordinated review may proceed as if it were the only involved agency pursuant to subdivision.A of this section unless and until it determines that an action may have a significant adverse impact on the environment. (b) If an agency determines that action may have a significant adverse impact on the environment, it must coordinate with other involved agencies. (c) significance. Each involved agency is considered a lead agency when making its determination. At any time prior to an agency's final decision, that agency's negative declaration may be superseded by a positive declaration issued by any other involved agency. F. Actions for which a lead agency cannot be agreed upon. (1) If, within the 30 calendar days allotted for establishment of a 1 ad agency, the and the applicant. 18 • Q:\PLANNING\STAFF\JoAnn\CEQR\CEQR 09-25-03-Tracked Copy.doc all relevant information necessary for the Common Council to apply the criteria in Subsection F(4)of this section and must state that all comments must be submitted to the Common Council. (3) The Common Council shall designate a lead agency within 20 calendar days of the date the request is received or within 20 calendar days of the receipt of any (1) The following criteria, in order of importance, shall be used by the Common Council to designate a lead agency: (a) Which agency has the broadest governmental powers for investigation of the impact of the proposed action. (b) Which agency has the greatest capability for providing the most thorough environmental assessment of the proposed action. (5) Notification of the Common Council's designation of lead agency shall be mailed to all involved agencies and the applicant. G. Reestablishment of lead agency. (1) Reestablishment of a lead agency may occur by agreement of all involved agencies in the following circumstances: (a) For a supplement to a final EIS or generic EIS. (b) Upon failure of the lead agency's basis of jurisdiction. (c) Upon agreement of the applicant prior to the acceptance of a draft EIS. EIS or generic EIS are subject to the designation procedures contained in § 176 6F of this chapter. to the applicant within 10 days of its establishment. H. Determining significance. in writing, in accordance with this section and § 176 11 of this chapter. (a) To require an EIS for a proposed action, the lead agency must determine that the action may include the potential for at least one significant environmental effect. (a) Consider the action as defined in the definition of"actions" in § 176 2 and § 176 3K of this chapter. 19 Q:\PLANNING\STAFF\JoAnn\CEQR\CEQR 09-25-03-Tracked Copy.doc (b) Review the EAF, the criteria contained in § 176 11 of this chapter and any other (c) Thoroughly analyze the identified relevant areas of environmental concern to determine if the action may have a significant effect on the environment. (d) Set forth its determination of significance in a written form containing a reasoned elaboration and providing reference to any supporting documentation. I. Conditioned negative declarations. (1) For unlisted actions involving an applicant, a lead agency has the option to issue a conditioned negative declaration of significance (CND),provided that: (a) A full EAF has been prepared. (b) A coordinated review has been completed in accordance with § 176 6C of this chapter. 20 Q:\PLANNING\STAFF\JoAnn\CEQR\CEQR 09-25-03-Tracked Copy.doc•5. e ' : -:• - - -- . -. .. - - . -eliminated or adequatelyActions for which a lead agency cannot be agreed upon. (a) If within the 30 calendar days allotted for establishment of a lead agency, the involved agencies are unable to agree upon which agency shall be the lead agency, any involved agency or the applicant may request,by certified mail or other form of receipted delivery, that the Common Council designate the lead agency. Simultaneously, copies of the request must be sent ,by certified mail or other form of receipted delivery to all involved agencies and the project sponsor. Any agency raising a dispute must be ready to assume the lead agency functions if such agency is designated by the Common Council. (b) The request must identify each involved agency's jurisdiction over the action and all relevant information necessary for the Common Council to apply the criteria in Subsection.E of this section and must state that all. comments must be submitted to the Common Council within ten calendar days after receipt of the request. (c) Within 10 calendar days of the date the request is received, involved agencies and the project sponsor may submit to Commons Council any comments they may have concerning the actions. Such comments must contain the information indicated in subparagraph (b) of this subsection. (d) The Common Council shall designate a lead agency within 20 calendar days of the date the request is received or within 20 calendar days of the receipt of any supplemental information the Common Council has required, based on a review of the facts, the criteria below and any comments received. (e) The following criteria, in order of importance, shall be used by the Common Council to designate a lead agency: (1) Which agency has the broadest governmental powers for investigation of the impact of the proposed action. (2) Which agency has the greatest capability for providing the most thorough environmental assessment of the proposed action. (f) Notification of the Common Council's designation of lead agency shall be mailed to all involved agencies and the project sponsor. 6. Re-establishment of lead agency. (a) Re-establishment of a lead agency may occur by agreement of all involved agencies in the following circumstances: (1) For a supplement to a final.EIS or generic ETS. (2) Upon failure of the lead agency's basis of jurisdiction. (3) Upon agreement of the applicant prior to the acceptance of a draft EIS. 21 Q:\PLANNING\STAFF\JoAnn\CEQR\CEQR 09-25-03-Tracked Copy.doc (b) Disputes concerning reestablishment of a lead agency for a supplement to a final EIS or generic EIS are subject to the designation procedures contained in & 1.76-6B(6) of this chapter. (c) Notice of reestablishment of a lead agency must be given by the new lead agency to the applicant within 10 days of its establishment. 176-7. Determining significance. A. The lead agency must determine the significance of any Type I or unlisted action, in writing, in accordance with this section. 1. To require an EIS for a proposed action, the lead agency must determine that the action may include the potential for at least one significant adverse environmental impact. 2. To determine that an EIS will not be required for an action, the lead agency must determine either that there will be no adverse environmental impacts or that the identified environmental effects will not be significant. B. For all Type I and unlisted actions, the lead agency making a determination of significance must: 1. Consider the action as defined in the definition in § 176-2B and § 176-3G of this chapter. 2. Review the EAF,the criteria contained in subdivision C of this section and any other supporting information to identify the relevant areas of environmental concern. 3. Thoroughly analyze the identified relevant areas of environmental concern to determine if the action may have a significant adverse impact on the environment. 4. Set forth its determination of significance in a written form containing a reasoned elaboration and providing reference to any supporting documentation. C. Criteria for determining significance. 1. To determine whether a proposed Type I or unlisted action may have a significant adverse impact on the environment, the impacts which may be reasonably expected to result from the proposed action must be compared against the criteria in this section. The following list is illustrative, not exhaustive. These criteria are considered indicators of significant adverse impacts on the environment. (a) A substantial adverse change in existing air quality, ground- or surface water quality or quantity, traffic or noise levels; a substantial increase in solid waste production; or a substantial increase in potential for erosion, flooding, leaching or drainage problems. (b) The removal or destruction of large quantities of vegetation or fauna; substantial interference with the movement of any resident or migratory fish or wildlife species; impacts on a significant habitat area; substantial adverse effects on a threatened or endangered species of animal or plant or the 22 • Q:\PLANNING\STAFF\JoAnn\CEQR\CEQR 09-25-03-Tracked Copy.doc habitat of such a species; or other significant adverse effects to natural resources. (c) The impairment of the enviromnental characteristics of a Critical Environmental Area as designated pursuant to section 176-14. (d) The creation of a material conflict with the city's current plans or goals as officially approved or adopted. (e) The impairment of the character or quality of important historical, archaeological, architectural or aesthetic resources or of existing community or neighborhood character. (0 A major change in the use of either the quantity or type of energy. (g) The creation of a hazard to human health or safety. (h) A substantial change in the use or intensity or magnitude of use of land, including agricultural, open space or recreational resources, or in its capacity to support existing uses. CO The encouraging or attracting of a large number of people to a place or places for more than a few days compared to the number of people who would come to such place absent the action. (j) The creation of a material demand for other actions which would result in one of the above consequences. (k) Changes in two or more elements of the environment, no one of which has a significant effect on the environment but which, when considered together, result in a substantial adverse impact on the environment. (1) Two or more related actions undertaken, funded or approved by an agency, none of which has or would have a significant effect on the environment but which,when considered cumulatively, would meet one or more of the criteria in this section. 2. For the purpose of determining whether an action will cause one of the foregoing consequences listed in paragraph (1) of this section, the lead agency must consider reasonably related long-term, short-term, direct, indirect, and cumulative impacts, including other simultaneous or subsequent actions which are: (a) Included in any long-range plan of which the action under consideration is a part; (b) Likely to be undertaken as a result thereof; or (c) Dependent thereon. 3. The significance of a likely consequence (i.e. whether it is material, substantial, large or important) should be assessed in connection with (a) Its setting (b) Itsprobability of occurrence; (c) Its duration; 23 • Q:\PLANNING\STAFF\JoAnn\CEQR\CEQR 09-25-03-Tracked Copy.doc (d) Its irreversibility (e) Its geographic scope; (f) Its magnitude; and (g) The number of people affected D. Conditioned negative declarations. 1. For Unlisted actions involving an applicant, a lead agency may prepare a conditioned negative declaration of significance (CND), provided that it: (a) Has completed a full EAF;. (b) Has completed a coordinated review in accordance with § 176-6C of this chapter. (c) Has imposed CEQR conditions pursuant to § 1.76-3B of this chapter that have mitigated all significant environmental impacts and are supported by the full EAF and any other documentation. (d) (d) Notice of a CND has been published in the ENB and a minimum -•- . . . . . . - •- - . .: • - - . . . • . as published a notice of a CND in the ENB and a minimum thirty-day public comment period has been provided. The notice must state what conditions have been imposed. An agency may also use its own public notice and review procedures,provided that the notice states that a CND has been issued, states what conditions have been imposed and allows for a minimum thirty- day public comment period. (e) (e) The CND has been prepared and filed in accordance with §§ 176 6H and 176 10A(1)(b)of this chapter.Has complied with § 176-7B and § 176-12A and B of this chapter 2. (2) A draft EIS must be prepared if comments arc received regarding the .. - -• - . - . . . .-A lead agency must rescind the CND and issue a positive declaration eeneerning:requiring the preparation of a draft EIS if it receives substantive comments that identify (a) (a) ThePotentially significant adverse environmental impacts that were not previously identified : -- • • - - - -• -- impacts;and assessed or were inadequately assessed in the review; or (b) - -- - . - - - . .-: . . ubstantial deficiency in the proposed mitigation measures.- 3. (3) The lead agency must require an EISin lieu of issuing a CND if requested by the applicant. E. Amendment of a negative declaration. 1. At any time prior to its decision to undertake, fund, or approve an action, a lead agency, at its discretion, may amend a negative declaration when substantive: (a) Changes are proposed for the project; or 24 • Q:\PLANNING\STAFF\JoAnn\CEQR\CEQR 09-25-03-Tracked Copy.doc (b) New information is discovered; or (c) Changes in circumstances related to the project arise that were not previously considered and the lead agency determines that no significant adverse environmental impacts will occur 2. The lead agency must prepare, file and publish the amended negative declaration in accordance with § 1.761.2 of this chapter. The amended negative declaration must contain reference to the original negative declaration and discuss the reasons supporting the amended determination. F. 3—Rescission of negative declarations. 1. (1) At any time prior to its decision to undertake, fund or approve an action, a lead agency must rescind a negative declaration when substantive: (a) changes are proposed for the project; or (b) new information is discovered; or (c) if itchanges in circumstances related to the project arise that were not previously considered and the lead agency determines that a significant adverse environmental effect may result from a project modification or that impact may result. 2. Prior to any rescission, the lead agency must inform other involved agencies and the applicant and must provide a reasonable opportunity for the applicant to respond. (2) The Common Council may decide to employ a qualified consultant to assist in or statements. All studies, data, statements or other material developed by a consultant shall (3) The City Clerk shall establish and maintain a list of qualified consultants, which 3. § 176 7. Scoping.If, following a reasonable notice to the project sponsor, its determination is the same, the lead agency must prepare, file, and publish a positive declaration in accordance with § 176-12 of this chapter. & 176-8. Scoping A. A formal scoping is optional. The primary goals of scoping are to focus the EIS on potentially significant adverse impacts and to eliminate consideration of those impacts that are irrelevant or nonsignificant. It may occur either at the initiation of the lead agency or at the request of the applicant,prior to the acceptance of a draft EIS.I-f the action involves an applicant, either a written scope of issues to be addressed in the draft EIS must be provided by the lead agency to the applicant and allinvolved 25 • Q:\PLANNING\STAFF\JoAnn\CEQR\CEQR 09-25-03-Tracked Copy.doc issues. Scoping may be accomplished through meeting(s), exchanges of written material or other methods that will allow the lead agency, the methods. B. If scoping is conducted, the project sponsor must submit a draft scope that contains the items identified in section 176-8F(1) through (5) of this section to the lead agency. The lead agency must provide a copy of the draft scope to all involved agencies, and make it available to any individual or interested agency that has expressed an interest in writing to the lead agency. C. If scoping is not conducted, the project sponsor may prepare a draft EIS for submission to the lead agency. applicant and involved agencies to agree upon a vritten scope of issues in a timely draft EIS. B. Involved agencies should provide - .. . •--- 'ritten comments reflecting their agency's concerns,permit jurisdictions and information needs sufficient to makeensure that the EIS will be adequate to support their respective CEQR findings. Failure of an involved agency to participate in the scoping process will not delay completion of the written scope of issues. At the discretion of the lead agency, other interested agencies and the public may be invited to participate in the scoping D. C. When scoping occurs, the lead agency shall try to identify each relevant issue during the scoping process and provide the preparer of the EIS with the greatest possible specificity so that the environmental review process may proceed in an efficient manner. If the lead agency later determines that issues not included within the scoping document should be included in the EIS, it must provide the applicant and the involved agencies with a written statement explaining the need for additional anal-ysis.scope. E. Scoping must include an opportunity for public participation. The lead agency may either provide a period of time for the public to review and provide written comments on a draft scope or provide for public input through the use of meetings, exchanges of written material, or other means. F. The lead agency must provide a final written scope to the project sponsor, all involved agencies and any individual that has expressed an interest in writing to the lead agency within 60 days of its receipt of a draft scope. The final written scope should include: 1. A brief description of the proposed action; 2. The potentially significant adverse impacts identified both in the positive declaration and as a result of consultation with the other involved agencies and the public, including an identification of those particular aspect(s) of the environmental setting that may be impacted; 26 Q:\PLANNING\STAFFUoAnn\CEQR\CEQR 09-25-03-Tracked Copy.doc 3. D. Scoping should identify theThe extent and quality of information needed for the preparer to preperlyadequately address each impact, including an identification of relevant existing information, and required new information, including the methodology(ies) for obtaining new information; 4_eeneem-An initial identification of mitigation measures; 5. Scoping may also be used to determine which issues are not relevant for further should also identify theThe reasonable alternatives to the proposed action.be considered; 6. An identification of the information/data that should be included in an appendix rather than the body of the draft EIS; and § 176 8. Environmental impact statement procedures. 4 . • EIS. If the applicant does not exercise the option to prepare the draft EIS, the lead agency charged by the lead agency for preparation or review of an EIS pursuant to § 176 17 of this chapter. B. When the applicant prepares the draft EIS: any, and the standards contained in § 176 14 of this chapter, shall determine, vithin 30 days of receipt of the draft EIS, whether to accept it as satisfactory with respect to its (2) Upon written notice to the applicant, a lead agency may have one additional thirty day period to determine the adequacy of the draft EIS. (3) If the draft EIS is determined to be inadequate, the lead agency must identify, in writing, the deficiencies and provide this information to the applicant. (4) The lead agency must determine whether to accept the resubmitted draft EIS within 30 days of its receipt. C. When the lead agency has completed a draft EIS or when it has determined that a draft EIS prepared by an applicant is adequate for public review, the lead agency with the requirements set forth in § 176 10C and D of this chapter. Agencies shall - - - . . • - • - - .- - -- . aft EIS, to be not less than 30 calendar days from the first filing and circulation of the notice of completion. D. When the lead agency has completed a draft EIS or when it has determined that a 27 Q:\PLANNING\STAFF\JoAnn\CEQR\CEQR 09-25-03-Tracked Copy.doc forum for or an efficient mechanism for the collection of public comment. If a hearing is to be held: (1) The lead agency shall file a notice in accordance with § 176 10A(5)of this chapter. Such notice may be contained in the notice of completion of the draft EIS. The notice of hearing must be published at least 14 calendar days in advance of the public hearing in a newspaper of general circulation in the ar-a of the potential impacts and (2) The hearing shall commence no less than 15 calendar days or nor more than 60 calendar days after the filing of the notice of completion of the draft EIS by the lead agency pursuant to § 176 1.0A(3) of this chapter. When a CEQR hearing is to be held, it should be conducted with other public hearings on the proposed action whenever practicable. (3) Comments will be received and considered by the lead agency for no less than 30 calendar days from the first filing and circulation of the notice of completion or no less than 10 calendar days following the close of a public hearing at which the environmental impacts of the proposed action are considered,whichever is later. E. Except as provided in Subsection E(1) and (2)of this section, the lead agency shall prepare or cause to be prepared and shall file a final EIS within 45 calendar days whichever last occurs. (1) No final EIS need be preparedif the proposed action has been withdrawn or,on the basis of the draft EIS and comments made thereon, the lead agency has determined that the action will not have a significant effect on the environment. A negative declaration adequately; F. Notice of completion of the final EIS and copies of the final EIS shall be filed in accordance with § 176 10A(6)and (7)of this chapter. G. Supplemental EIS's. (1) Prior to the filing of a findings statement, the lead agency may require a the EIS, in the following circumstances: (b) Newly discovered information arises about significant adverse effects which was environmental effect. 28 Q:\PLANNING\STAFF\JoAnn\CEQR\CEQR 09-25-03-Tracked Copy.doc (2) The decision to require preparation of a supplemental EIS, in the case of newly (a) The importance and relevance of the information. (b) Its probable accuracy. (c) The present state of the information in the EIS. (3) If a supplement is required, it will be subject to the full procedures of this chapter. § 176 9. Decisionmaking and findings requirements. A. Prior to the lead agency's decision on an action which has been the subject of a calendar days) in which to consider the final EIS. B. In the case of an action involving an applicant, the lead agency's filing of a written findings statement and decision on whether or not to approve or fund an action which has been the subject of a final EIS shall be made within 30 calendar days after the filing of the final EIS. C. No involved agency shall make a final decision to commence, engage in, fund or approve an action that has been the subject of a final EIS, either under CEQR, SEQR or the National Environmental Policy Act (NEPA), until the time period provided in Subsection A above has passed and the agency has made and filed,in accordance with § 176 10C of this chapter, a written finding that: (1) The agency has given consideration to the final EIS. (2) The requirements of this chapter have been met. (3) Consistent with social, economic and other essential considerations from among which minimizes or avoids adverse environmental effects to the maximum extent practicable, including the effects disclosed in the relevant environmental impact statement. • maximum extend practicable, adverse environmental effects revealed in the practicable. (5) Contains the facts and conclusions in the EIS relied upon to support its decision and indicates the social, economic and other factors and standards which formed the basis of its decision. D. No agency shall make a decision to disapprove an action which has been the subject to a final EIS until it has prepared a written findings statement, in accordance with this section, of the facts and conclusions in the draft and final EIS relied on to chapter. § 176 10. Notice and filing requirements. 29 • Q:\PLANNING\STAFF\JoAnn\CEQR\CEQR 09-25-03-Tracked Copy.doc A. The following CEQR documents shall be prepared, filed,published and made available as prescribed in this section: (1) Negative declarations. (a) Unlisted actions. Agencies must maintain a file readily accessible to the public containing the negative declaration or conditioned negative declaration. Conditioned negative declarations shall be filed in accordance with Type I procedures. (b) Type I actions. Agencies must maintain a .file, readily accessible to the public, of must state that it has been prepared in accordance with this chapter and must contain the name and address of the lead agency, the name and telephone number of a person who documentation required by § 176 6H of this chapter. Notice of all negative declarations Agencies may provide for filing of these determinations with agencies which may be [1] With the Commissioner at 50 Wolf Road, Albany,New York 12233 0001, for publication in the ENB. {2] With the appropriate regional office of the DEC. [3] With the Mayor of the City of Ithaca. f'l] If the action involves an applicant,with the applicant. {5] If other agencies are involved in approval of the action, with each other agency. (c) For both Type I and unlisted actions, notice of the filing of a negative declaration requirement could be satisfied by indicating the CEQR classification of the action and the agency's determination of significance. (2) Positive declarations. Positive declarations for all. Type I and unlisted actions chapter and must contain the name and address of the lead agency,the name and action and a brief description of the possible significant environmental effects that have been identified and the reasons supporting the determination. Agencies must maintain a file of the facts, written analyses and conclusions leading to their determinations. The positive declaration shall be filed in the same manner as prescribed for negative declarations in Subsection A(1)(b)of this section. Notice of the positive declaration shall be published in the ENB in a manner prescribed by the DEC. (3) Notices of completion of draft EIS's. Whenever a lead agency has determined that a draft EIS is adequate for public review, it shall prepare and file a notice of completion. The notice shall state the name and address of the lead agency and the name and telephone number of a person who can provide further information. (a) The notice must also contain the following: 30 • Q:\PLANNING\STAFF\JoAnn\CEQR\CEQR 09-25-03-Tracked Copy.doc [1] A brief and precise description of the action covered by the statement, its location and the nature of its potential environmental impacts and effects. [2] A statement indicating where and how copies of the draft EIS can be obtained from the lead agency. {3] A statement that comments are requested and will be received and considered by the agency at a given address for a stated period(not less than 30 calendar days from the following a public hearing at which the environmental impacts of the proposed action are considered, whichever is later). (b) The notice of completion shall be filed as prescribed for negative declarations in Subsection. H(1)(b) of this section. The DEC shall p.: ' • - • draft EIS's in the ENB. (4) Draft EIS's. The draft EIS,with any appendixes, together with the notice of its completion, shall be filed and made available for copying as follows: (a) One copy with the Commissioner at 50 Wolf Road,Albany,New York 12233 009-1. (b) One copy with the appropriate regional office of the DEC. (c) One copy with the Mayor of the City of Ithaca. (d) If other agencies are involved in the approval of the action, one copy with each such agency. {e) One copy with persons requesting it. The lead agency may charge a fee to persons requesting the statement to cover its copying costs. Where sufficient copies of a statement are not available to meet public interest, the 1-ad agency may provide an additional copy to the local public library.EN to be held, shall be prepared by the lead agency. It shall specify the time, place and : _ - made available as prescribed in Subsection A(1)(b) of this section. A notice of hearing 14 calendar days in advance of the hearing date in a newspaper of general circulation in the area of the potential impacts and effects of the action. final EIS is complete, it shall prepare and file a notice of completion. The notice shall state the name and address of the lead agency and shall contain the items prescribed in Subsection A(3)(a) and(b) of this section. The notice of completion shall be filed as prescribed in Subsection A(1)(b) of this section. The DEC shall publish all notices of completion of all final EIS's in the ENB. (7) Final EIS's. The final EIS, together with the notice of its completion, shall be fled in the same manner as a draft EIC 31 Q:\PLANNING\STAFF\JoAnn\CEQR\CEQR 09-25-03-Tracked Copy.doc B. Each agency subject to this section shall retain copies of required notices, accepted draft ETS's final EIS's and findings statements in files which are readily accessible for public inspection. C. City environmental quality review findings statements made pursuant to § 176 9 of this chapter must be filed with all involved agencies and the applicant at the time they are adopted. • • - - shall maintain files open for public inspection of all notices of completion, draft and final environmental impact statements and written determinations prepared or caused to be prepared by the lead agency and shall post in appropriate place(s)in City Hall for a period of 30 days all notices of completion,positive declarations,negative declarations and notices of hearings. § 176 11. Criteria for determining significance. A. To determine whether a proposed Type 1 or unlisted action may have a significant effect on the environment, the impacts which may be r-asonably expected to result from be assessed in connection with its setting,probability of occurring, geographic scepe, duration, magnitude, controllability and irreversibility and the number of people affected. The following list is illustrative, not exhaustive. These criteria are considered indicators of significant effects on the environment. (1) A substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels; a substantial increase in solid waste production; or a substantial increase in potential for erosion, flooding, leaching or drainage problems. (2) The removal or destruction of large quantities of ve - . . -.; . . . - interference with the movement of any resident or migratory fish or wildlife species; impacts on a significant habitat area; substantial adverse effects on a threatened or endangered species of animal or plant or the habitat of such a species; or other significant adverse effects to natural resources. (3) The encouraging or attracting of a large number of people to a place or places for absent the action. (') The creation of a material conflict with the city's current plans or goals as officially approved or adopted or with the city's future options. (5) The impairment of the character or quality of important historical, archaeological, architectural or aesthetic resources or of existing community or neighborhood character. (6) A major change in the use of either the quantity or type of energy. (7) The creation of a hazard to human health or safety. (8) A substantial change in the use or intensity or magnitude of use of land, including uses. (9) The cr-ation of a material demand or pressures for other actions which would result in one of the above consequences. 32 Q:\PLANNING\STAFF\JoAnn\CEQR\CEQR 09-25-03-Tracked Copy.doc (10) Changes in two or more elements of the environment, no one of which has a significant effect on the environment but which, when considered together, result in a substantial adverse impact on the environment. (11) Two or more related actions undertaken, funded or approved by an agency, none of vhich has or would have a significant effect on the environment but which,when (12) A substantial change in the city's ability to provide services to the proposed action. B. For the purpose of determining whether an action will cause one of the foregoing (1) Included in any long range plan of which the action under consideration is a part; (2) Likely to be undertaken as a result thereof; or (3) Dependent thereon. § 176 12. Type I actions. A. The purpose of the list of Type I actions in this section is to identify, for agencies, project sponsors and the public, those actions and projects that arc more likel to require This Type I list is not exhaustive of those actions that an agency determines may have a an action or project has been listed as a Type I action carries with it the presumption that it is likely to have a significant effect on the environment and may require an EIS. For all . • . • . • • 92-1-14 B. The following actions are Type I if they are to be directly undertaken, funded or (1) The construction of the following or the major alteration or conversion of 50% or more of the area, existing size, intensity or frequency of use of the following or, where (a) Airports and heliports. (b) Public institutions, such as hospitals, schools and buildings within institutions of higher learning, correction facilities and major office centers(or demolition of any of the foregoing). (c) Road or highway sections. (d) Parking facilities or other facilities with an associated parking area for 50 or more cars. (e) Dams with a downstream hazard of C classification under Environmental. Conservation Law(ECL) § 15 0503. 33 • Q:\PLANNING\STAFF\JoAnn\CEQR\CEQR 09-25-03-Tracked Copy.doc 10,000,000 BTU's per hour. (g) Any facility, development or project which, when complete, would generate truck traffic (three axle or more)of more than 10 vehicles per eight hour period per day. (h) Incinerators operating at a refuse charging rate exceeding 2.5 tons of refuse per twenty four hour day. . .• - liquid fuel. .0 transport or storage of nuclear waste thereat. {I) Any facility, development or project which is otherwise an unlisted action areas: {1] Freshwater wetlands, as defined in Article 24 in the Environmental Conservation {2] Floodplains, as defined in Article 36 of the Environmental Conservation Law. [3] Fall Creek(including its associated gorge and rim area between the outlet of between the southern boundary of the city and Aurora Street), Cascadilla Creek Silver Creek(also known as "Cliff Park Brook," including its associated gorge and rim area) and the Cayuga Inlet, along their courses within city boundaries. {4] Unique natural areas as adopted by the Common Council. {5] Any historic building, structure, facility, site or district or prehistoric site listed on the National Register of Historic Places or that has been proposed by the New York State Beard on Historic Preservation for a recommendation to the State Historic Preservation e • • - . • • - Register of Historic Places or that is designated under the City of Ithaca Landmarks unlisted action that is designed for the preservation of the facility or site. .. - .. trips per any eight hour period per day. (n) Any facility, development or project which would use ground or surface water in excess of 250,000 gallons per day. (o) Any industrial facility(or demolition thereof). - - - . 111 (q) A residential development or subdivision of 10 or more dwelling units, as that 34 Q:\PLANNING\STAFF\JoAnn\CEQR\CEQR 09-25-03-Tracked Copy.doc (r) Any other type of residential or lodging facility, dormitory, fraternity, sorority, rooming or boarding house, tourist home or facility, motel, hotel or boatel of 15 or more sleeping units, as those terms are defined in the Zoning Law.EN (s) Lakes or bodies of water with a surface in excess of 10,000 square feet. (t) Multiple tenant commercial centers with an enclosed floor space of more than 20,000 square feet or which, with associated premises, encompass more than 20,000 square feet(or demolition thereof). (u) Process, exhaust and/or ventilating systems emitting nauseating,particularly obnoxious or otherwise especially undesirable odors. (v) Bridges (or demolition thereof). (w) Any unlisted action vhich takes place wholly or partially within 100 feet of any critical environmental area designated by a local or state agency. (x) Any facility with more than 20,000 square feet of gross floor ar-a. (2) Any finding, licensing or planning activities in respect to the types of actions applicant or city to commence such action. (3) Use of any chemical for deicing, soil stabilization or the control of vegetation, insects or animal life on the premises of any residential, institutional, commercial or industrial property in excess of 30,000 square feet. (4) Clear cutting or removal of woods or vegetation other than agricultural crops from more than 1/2 acre. (5) Permanent removal of the topsoil from or other physical alteration to more than 1/2 acre. (6) The adoption of comprehensive land use or resource management plans, zoning than 2.5 contiguous acres of land. (8) Any project or action which exceeds 25%of any threshold in this section, operated parkland, recreation area or designated open space, including any site on the Register of National Natural Landmarks pursuant to 36 CFR 62 (1986). (9) The granting of any zoning change at the request of an applicant for an action that meets or exceeds one or more of the thresholds given in other sections of this list. § 176 13. Type II actions. A. Consistent with the state guidelines, Type II actions are deemed not to have a significant effect on the environment and do not require the preparation of an EIS or any other determination or procedure under this chapter. 35 Q:\PLANNING\STAFF\JoAnn\CEQR\CEQR 09-25-03-Tracked Copy.doc B. The following actions are Type II actions: (1) The extension of utility distribution facilities to serve new or altered single or two family residential structures or to render service in approved subdivisions. (2) Actions involving individual setback and lot line variances and the like. (3) Agricultural farm management practices, including construction, maintenance and repair of farm buildings and structures and land use changes consistent with generally accepted principles of farming. (1) Operation, repair, maintenance or minor alteration of existing structures, land uses (5) Replacement of a facility in kind on the same site, unless such facility meets or - - •• - * • • (6) Repaving of existing highways not involving the addition of new travel lanes. (7) Street openings for the purpose of repair or replacement or maintenance of existing utility facilities. (8) Installation of traffic control devices on existing streets, roads and highways other than multiple fixtures on long stretches. • - -- - - - - - -- - 1 (10) Regulatory activities not involving construction or changed land use relating to certification or licensing and the like. (11) Purchase or sale of furnishings, equipment or supplies, including surplus hazardous material (12) Collective bargaining activities. (13) Operating, expense or executive budget planning, preparation and adoption not (14) Investments by or on behalf of agencies or pension or retirement systems or refinancing of existing debt. (15) Routine operation, administration and management of city functions and city (16) Routine license, lease and permit renewals or transfers of ownership thereof where there is no material change in permit conditions or the scope of permitted activities. (17) Routine activities of educational institutions which do not involve capital of herbicides or pesticides. (19) Construction or placement of minor structures accessory or appurtenant to 36 Q:\PLANNING\STAFF\JoAnn\CEQR\CEQR 09-25-03-Tracked Copy.doc , •i; . buildings to meet building or fire codes. (20) Inspections and licensing activities relating to the qualifications of individuals or businesses to engage in their business or profession. (21) Information collection, including basic data collection and research, water quality investigations and soils studies that do not commit the agency to undertake, fund or approve any Type I or unlisted action. (22) Minor temporary uses of land having negligible or no permanent effect on the (23) Promulgation of regulations, policies,procedures and legislative decisions in connection with any Type II action. . . • - -.. .• A. An EIS provides a means for agencies to give early consideration to integrated into existing agency review processes and should occur at the same time as other agency reviews are being undertaken. The EIS provides a means for project sponsors to systematically consider environmental effects along with other aspects of their project planning and design and to identify and mitigate identified adverse environmental effects. B. An EIS should assemble relevant and material facts upon which an agency's decision is to be made, should identify the essential issues to be decided and should and not encyclopedic. The lead agency and other involved agencies shall cooperate with applicants who are preparing EIS's by making available to them information contained in their files relevant to the EIS. C. Environmental impact statements shall be clearly and concisely written in plain in Subsection F of this section, EIS's should address only those specific adverse or beneficial environmental impacts which can be reasonably anticipated and/or have been more detail than is appropriate considering the nature and magnitude of the proposed action and the significance of its potential impacts. Highly technical material should be summarized and, if it must be included in its entirety, should be referenced in the D. All draft and final.EIS's shall be preceded by a cover sheet stating: (1) Whether it is a draft or final EIS. (2) The name or descriptive title of the action. (3) The locationand street address of the action. (4) The name and address of theagcncy which required its preparation and the name and telephone number of a person at the agency who can provide further information. 37 Q:\PLANNING\STAFF\JoAnn\CEQR\CEQR 09-25-03-Tracked Copy.doc (5) The names of individuals or organizations that prepared any portion of the statement. (6) The date of its acceptance by the agency responsible for its preparation. (7) In the case of a draft EIS, the date by which comments must be submitted. E. A draft or final EIS shall have a table of contents following the cover sheet and a F. The body of all draft EIS's shall contain the following: (1) A concise description of the proposed action and its purpose,public need and benefits, including social and economic considerations. (2) A concise description of the environmental setting of the areas to be affected sufficient to understand the effects of the proposed action and alternatives. (3) A statement and evaluation of the environmental impacts of the proposed action, •- . .•-- - . - . . - . _ erm effects, cumulative effectsand other a: ociated environmental effects. 7. Those prominent issues that were raised during scoping and determined not to be relevant or not environmentally significant or that have been adequately addressed in a prior environmental review. G. All relevant issues should be raised before the issuance of a final written scope. Any agency or person raising issues after that time must provide to the lead agency and project sponsor a written statement that identifies: 1. The nature of the information 2. The importance and relevance of the information to a potential significant impact 3. The reason(s)why the information was not identified during scoping and why it should be included at this stage of review. H. The project sponsor may incorporate information submitted consistent with § 176-8G of this section into the draft EIS at its discretion. Any substantive information not incorporated into the draft EIS must be considered as public comment on the draft EIS. I. If the lead agency fails to provide a final written scope within 60 calendar days of its receipt of a draft scope, the project sponsor may prepare and submit a draft EIS consistent with the submitted draft scope. § 176-9. Preparation and Content of Environmental Impact Statements procedures. A. Environmental impact statement procedures 1. The applicant or the lead agency, at the applicant's option, shall prepare the draft EIS. If the applicant does not exercise the option to prepare the draft EIS, the lead agency shall prepare it, cause it to be prepared or terminate its review of the action. A fee may be charged by the lead agency for preparation or review of an EIS pursuant to § 176-13 of this chapter. When the project sponsor prepares the draft EIS, the document must be submitted to the lead agency. 38 Q:\PLANNING\STAFF\JoAnn\CEQR\CEQR 09-25-03-Tracked Copy.doc 2. The lead agency will use the final written scope, if any, and the standards contained in this section to determine whether to accept the draft EIS as adequate with respect to its scope and content for the purpose of commencing public review. This determination must be made in accordance with the standards in this section within 45 days of receipt of the draft EIS. (a) If the draft EIS is determined to be inadequate, the lead agency must identify, in writing, the deficiencies and provide this information to the applicant. (b) The lead agency must determine whether to accept the resubmitted draft EIS within 30 days of its receipt. 3. When the lead agency has completed a draft EIS or when it has determined that a draft EIS prepared by a project sponsor is adequate for public review, the lead agency shall prepare, file and publish a notice of completion of the draft EIS and file copies of the draft EIS in accordance with the requirements set forth in § 176- 12of this chapter. The minimum public comment period on the draft EIS is 30 days. The comment period begins with the first filing and circulation of the notice of completion. 4. When the lead agency has completed a draft EIS or when it has determined that a draft EIS prepared by project sponsor is adequate for public review, the lead agency shall determine whether or not to conduct a public hearing concerning the action. In determining whether or not to hold a CEQR hearing, the lead agency shall consider the degree of interest in the action shown by the public or involved agencies; whether substantive or significant adverse environmental impacts have been identified; the adequacy of the mitigation measures proposed and the consideration of alternatives; and the extent to which a public hearing can aid the agency decision making processes by providing a forum for or an efficient mechanism for the collection of public comment. If a hearing is to be held: (a) The lead agency shall file a notice in accordance with § 1.76-1.2A and B of this chapter. Such notice may be contained in the notice of completion of the draft EIS. The notice of hearing must be published at least 14 calendar days in advance of the public hearing in a newspaper of general circulation in the area of the potential impacts of the action. (b) The hearing shall commence no less than 15 calendar days or nor more than 60 calendar days after the filing of the notice of completion of the draft EIS by the lead agency pursuant to $ 1.76-1.2B of this chapter. When a CEOR hearing is to be held, it should be conducted with other public hearings on the proposed action whenever practicable. (c) Comments will be received and considered by the lead agency for no less than 30 calendar days from the first filing and circulation of the notice of completion or no less than 10 calendar days following a public hearing at which the environmental impacts of the proposed action are considered, whichever is later. 39 Q:\PLANNING\STAFF\JoAnn\CEQR\CEQR 09-25-03-Tracked Copy.doc 5. Except as provided in Subsection a of this section, the lead agency shall prepare or cause to be prepared and shall file a final EIS within 45 calendar days after the close of any hearing or within 60 calendar days after the filing of the draft EIS, whichever occurs later. (a) No final EIS need be prepared if: (1) The proposed action has been withdrawn or, (2) On the basis of the draft EIS and comments made thereon,the lead agency has determined that the action will not have a significant adverse impact on the environment. A negative declaration must then be prepared and filed in accordance with this chapter. (b) The last date for preparation and filing of the final EIS may be extended: (1) If it is determined that additional time is necessary to prepare the statement adequately; or (2) If problems with the proposed action requiring material reconsideration or modification have been identified. 6. When the lead agency has completed a final EIS, it must prepare, file and publish a Notice of completion of the final EIS and copies of the final EIS in accordance with § 176-12 of this chapter. 7. Supplemental EIS's. (a) The lead agency may require a supplemental EIS, limited to specific significant adverse environmental impacts not addressed or inadequately addressed in the EIS, that arise from: (1) Changes are proposed for the project; (2) Newly discovered information; or (3) A change in circumstances related to the project; (b) The decision to require preparation of a supplemental EIS, in the case of newly discovered information, shall be based upon the following criteria: (1) The importance and relevance of the information. (2) The present state of the information in the EIS. (c) If a supplement is required, it will be subject to the full procedures of this chapter. B. Environmental Impact Statement Content 1. An EIS must assemble relevant and material facts upon which an agency's decision is to be made. It must analyze the significant adverse impacts and evaluate all reasonable alternatives. Environmental impact statements shall be analytical and not encyclopedic. The lead agency and other involved agencies shall cooperate with project sponsors who are preparing EIS's by making available to them information contained in their files relevant to the EIS. 40 Q:\PLANNING\STAFF\JoAnn\CEQR\CEQR 09-25-03-Tracked Copy.doc 2. Environmental impact statements shall be clearly and concisely written in plain language that can be read and understood by the public. Within the framework presented in section 176-9B(5) of this section, EIS's should address only those specific environmental impacts which can be reasonably anticipated and/or have been identified in the scoping process. Environmental impact statements should not contain more detail than is appropriate considering the nature and magnitude of the proposed action and the significance of its potential impacts. Highly technical material should be summarized and, if it must be included in its entirety, should be referenced in the statement and included in an appendix. 3. All draft and final EIS's shall be preceded by a cover sheet stating: (a) Whether it is a draft or final EIS. (b) The name or descriptive title of the action. (c) The location(county and town, village or city) and street address, if applicable, of the action. (d) The name and address of the lead agency and the name and telephone number of a person at the agency who can provide further information. (e) The names of individuals or organizations that prepared any portion of the statement. (f) The date of its acceptance by the agency responsible for its preparation. (g) In the case of a draft EIS, the date by which comments must be submitted. 4. A draft or final EIS shall have a table of contents following the cover sheet and a precise summary which adequately and accurately summarizes the statement. 5. The format of the draft EIS may be flexible; however, all draft EISs must include the following elements: (a) A concise description of the proposed action and its purpose,public need and benefits, including social and economic considerations. (b) A concise description of the environmental setting of the areas to be affected sufficient to understand the effects of the proposed action and alternatives. (c) A statement and evaluation of the potential significant(1) An • • • . . . - adverse environmental impacts =mat a level of detail that reflects the severity of the impacts and the reasonable likelihood of their occurrence. The draft EIS should identify and discuss the following only where applicable and significant: cannot be avoided or adequately mitigated if the proposed action is implemented. (5) A description and evaluation of the range of reasonable alternatives to the action which are feasible considering the objectives and capabilities of the project sponsor. (1) (a) The description and evaluation of each alternative should be at a level of detail sufficient to permit a comparative assessment of the alternatives discussed. Therange of alternatives Reasonably related 41 Q:\PLANNING\STAFF\JoAnn\CEQR\CEQR 09-25-03-Tracked Copy.doc short-term and long-term impacts, cumulative impacts and other associated environmental impacts (2) Those adverse environmental impacts that cannot be avoided or adequately mitigated if the proposed action is implemented (3) Any irreversible and irretrievable commitments of environmental resources that would be associated with the proposed action should it be implemented; (4) Any growth inducing aspects of the proposed action (5) A discussion of the effects of the proposed action on the use and conservation of energy(for an electric generating facility, the statement must include a demonstration that the facility will satisfy electric generating capacity needs or other electric systems needs in a manner reasonably consistent with the most recent state energy plan (6) Impacts of the proposed action on solid waste management and its consistency with the state or locally adopted solid waste management plan; (7) Impacts of public acquisitions of land or interests in land or funding for non-farm development on lands used in agricultural production and unique and irreplaceable agricultural lands within agricultural districts pursuant to subdivision 4 of section 305 of article 25-AA of the Agriculture and Markets Law (d) A description of mitigation measures; A description and evaluation of the range of reasonable alternatives to the action which are feasible considering the objectives and capabilities of the project sponsor. The description and evaluation of each alternative should be at a level of detail sufficient to permit a comparative assessment of the alternatives discussed. The must include the no actionno action alternative and maydiscussion should evaluate the adverse or beneficial site changes that are likely to occur in the reasonably foreseeable future, in the absence of the proposed action. •• . ... . ... .. . .. . - . • -: [1] Sites. [2] Technology. {3] Scale or magnitude. PI] Design. {5] Timing: [6] Use. [7] Types of action. (b) For private applicants, any alternative for which no discretionary approvals are 42 Q:\PLANNING\STAFF\JoAnn\CEQR\CEQR 09-25-03-Tracked Copy.doc (7) A description of mitigation measures to minimize the adverse environmental impacts. (8) A description of any growth inducing aspects of the proposed action, if applicable and significant. (9) A discussion of the effects of the proposed action on the use and conservation of (10) A list of any underlying studies, reports and other information obtained and considered in preparing the statement. G. Additional analysis. (1) In addition to the analysis of significant adverse effects required in Subsection F of this section, if information about reasonably foreseeable catastrophic impacts to the environment is unavailable because the cost to obtain it is exorbitant or the means to essential to an agency's CEQR findings, the EIS must: (a) Identify the nature and relevance of unavailable or uncertain information. (b) Provide a summary of existing credible scientific evidence, if available. (c) Assess the likelihood of occurrence,even if the probability of occurrence is low, and the consequences of the potential impact using theoretical approaches or research methods generally accepted in the scientific community. (2) This analysis would likely occur in the review of such actions as a liquid propane gas/liquid natural gas facility or the siting of a hazardous waste treatment facility. It or office facilities. H. A draft or final EIS may incorporate by reference all or portions of other documents, including EIS's which contain information relevant to the statement. The referenced documents shall be made available for inspection by the public within the time period for public comment in the same places where the agency makes available copies of such statement. When a statement incorporates by reference, the referenced document I. A final EIS must consist of the draft EIS, including any revisions or supplements to it; copies or a summary of the substantive comments received and their source (whether or not the comments were received in the context of a hearing); and the lead identified as such in the final EIS. 43 Q:\PLANMNG\STAFF\JoAnn\CEQR\CEQR 09-25-03-Tracked Copy.doc A. A generic EIS may be used to assess the environmental effects of: (1) A number of separate actions which, if considered singly, may have minor effects (2) A sequence of actions contemplated by a single agency or individual. (3) Separate actions having generic or common impacts. ('1) An entire program or plan having wide application or restricting the range of future alternative policies or projects. B. Generic EIS's and their findings should set forth specific conditions or criteria under which future actions will be undertaken or approved and shall include procedures the new material presented by the supplement in the same manner as was provided in respect to the generic EIS. (See § 176 8G of this chapter.) C. When a final generic EIS has been filed under this chapter: (1) No further CEQR compliance is required if a subsequent site specific action will actions in the findings statement resulting from the generic EIS. (2) A supplemental findings statement must be prepared if the subsequent proposed action was adequately addressed in the generic EIS but was not addressed or was not adequately addressed in the findings statement for the generic EIS. proposed action was not addressed or was not adequately addressed in the generic EIS addressed or was not adequately addressed in the generic EIS and the subsequent action will not result in any significant environmental effects. D. Agencies may prepare generic EIS's on new, existing or significant changes to actions carried out in conformance with these plans or regulations may require only .. include an assessment of specific impacts if such details arc available. They may be based on conceptual information in some cases. They may identify the important features,patterns and character. They may discuss in general terms the constraints and F. In connection vith projects that are to be developed in phases or stages, agencies should address not only the site specific impacts of the individual project under 44 Q:\PLANNING\STAFFUoAnn\CEQR\CEQR 09-25-03-Tracked Copy.doc of the generic EIS shall discuss the important elements and constraints present in the natural and human made environment that may bear on the conditions of an agency A. When a draft and final EIS for an action have been duly prepared under the National Environmental Police Act of 1969, an agency shall have no obligation to prepare an additional ETS under this chapter,provided that the federal EIS is sufficient to make findings under § 176 9 of this chapter. However, except in the case of excluded, federal final EIS has been completed and the agency has made the findings prescribed in § 176 9 of this chapter. (e) B. Where a finding of no significant impact(FNSI) or other written threshold determination that the action will not require a federal impact statement has been prepared under the National Environmental Policy Act with CEQR. In such cases, agencies The range of alternatives may also include, as appropriate, alternative: (1) Sites. (2) Technology. (3) Scale or magnitude. (4) Design. (5) Timing. (6) Use. (7) Types of action. a. For private project sponsors, any alternative for which no discretionary approvals are needed may be described. Site alternatives may be limited to parcels owned by or under option to a private applicant. (0 A list of any underlying studies, reports and other information obtained and considered in preparing the statement including the final written scope. 6. In addition to the analysis of significant adverse effects required in § 176- 9B(5)(c), if information about reasonably foreseeable catastrophic impacts to the environment is unavailable because the cost to obtain it is exorbitant or the means to obtain it are unknown or there is uncertainty about its validity and such information is essential to an agency's CEQR findings, the EIS must: (a) Identify the nature and relevance of unavailable or uncertain information. (b) Provide a summary of existing credible scientific evidence, if available. 45 Q:\PLANNING\STAFF\JoAnn\CEQR\CEQR 09-25-03-Tracked Copy.doc (c) Assess the likelihood of occurrence, even if the probability of occurrence is low, and the consequences of the potential impact using theoretical approaches or research methods generally accepted in the scientific community. This analysis would likely occur in the review of such actions as a liquid propane gas/liquid natural gas facility or the siting of a hazardous waste treatment facility. It should not apply in the review of such actions as shopping malls, residential subdivisions or office facilities. 7. A draft or final. EIS may incorporate by reference all or portions of other documents, including EIS's which contain information relevant to the statement. The referenced documents shall be made available for inspection by the public within the time period for public comment in the same places where the agency makes available copies of such statement. When an EIS incorporates by reference, the referenced document shall be briefly described, its applicable findings summarized and the date of its preparation provided. 8. A final EIS must consist of the draft EIS, including any revisions or supplements to it; copies or a summary of the substantive comments received and their source (whether or not the comments were received in the context of a hearing); and the lead agency's responses to all substantive comments. 9. The draft EIS may be directly incorporated into the final EIS or may be incorporated by reference. The lead agency is responsible for the adequacy and accuracy of the final EIS, regardless of who prepares it. All revisions and supplements to the draft EIS shall be specifically indicated and identified as such in the final EIS. 4 176-10. Generic environmental impact statements. A. Generic EIS's may be broader and more general than site- or project-specific EIS's and should discuss the logic and rationale for the choices advanced. They may also include an assessment of specific impacts if such details are available. They may be based on conceptual information in some cases. They may identify the important elements of the natural resource base as well as the existing and projected human- made features,patterns and character. They may discuss in general terms the constraints and consequences of any narrowing of future options. They may present and analyze in general terms a few hypothetical scenarios that could and are likely to occur. A generic EIS may be used to assess the environmental effects of: l. A number of separate actions which, if considered singly, may have minor impacts but, if considered together, may have significant impacts, or 2. A sequence of actions contemplated by a single agency or individual; 3. Separate actions having generic or common impacts; 4. An entire program or plan having wide application or restricting the range of future alternative policies or projects, including new or significant changes to existing land use plans, development plans, zoning regulations or agency comprehensive resource management plans. 46 Q:\PLANNING\STAFF\JoAnn\CEQR\CEQR 09-25-03-Tracked Copy.doc B. In particular, agencies may prepare generic EISs on the adoption of a comprehensive plan prepared in accordance with subdivision 4, section 28-a of the General City Law and the implementing regulations. Impacts of individual actions proposed to be carried out in conformance with these adopted plans and regulations and the thresholds or conditions identified in the generic EIS may require no or limited CEQR review as described in subdivisions C and D of the section. C. Generic EIS's and their findings should set forth specific conditions or criteria under which future actions will be undertaken or approved including requirements for any subsequent CEQR compliance. This may include thresholds and criteria for supplemental EISs to reflect specific significant impacts, such as site specific impacts, that were not adequately addressed or analyzed in the generic EIS. D. When a final generic EIS has been filed under this chapter: 1. No further SEAR compliance is required if a subsequent proposed action will be carried out in conformance with the conditions and thresholds established for such actions in the generic EIS or its findings statement, 2. An amended findings statement must be prepared if the subsequent proposed action was adequately addressed in the generic EIS but was not addressed or was not adequately addressed in the findings statement for the generic EIS; 3. A negative declaration must be prepared if a subsequent proposed action was not addressed or was not adequately addressed in the generic EIS and the subsequent action will not result in any significant environmental effects. 4. A supplement to the final generic EIS must be prepared if the subsequent proposed action was not addressed or was not adequately addressed in the generic EIS and the subsequent action may have one or more significant adverse environmental impacts. E. In connection with projects that are to be developed in phases or stages, agencies should address not only the site specific impacts of the individual project under consideration,but also, in more general or conceptual terms, the cumulative impacts on the environment and the existing natural resource base of subsequent phases of a larger project or series of projects that may be developed in the future. In these cases, this part of the generic EIS must discuss the important elements and constraints present in the natural and cultural environment that may bear on the conditions of an agency decision on the immediate project. § 176-11. Decision making and findings requirements. A. Prior to the lead agency's decision on an action which has been the subject of a final EIS, it shall afford agencies and the public a reasonable time period(not less than 10 calendar days) in which to consider the final EIS before issuing its written findings statements. If a project modification or change of circumstances related to the project requires a lead or involved agency to modify its decision substantially, findings may be amended and filed in accordance with § 176-12B of this chapter. remain responsible for compliance with CEQR. 47 Q:\PLANNING\STAFF\JoAnn\CEQR\CEQR 09-25-03-Tracked Copy.doc B. C—In the case of an action involving a federal agency for which either a federal FNSI or a federal draft and final EIS have been prepared, except where otherwise required by law, a final decision by a federal agency shall not be controlling on any state or local agency decision on the action but may be considered by the an applicant, the lead agency's filing of a written findings statement and decision on whether or not to approve or fund an action shall be made within 30 calendar days after the filing of the final EIS. agency. § 176 17. Fees and costs. A. When an action subject to this chapter involves an applicant, the lead agency may charge a fee to the applicant in order to recover the actual costs of preparing or reviewing the draftElS, provided that such costs do not exceed the amounts allowed under draft EIS for purposes of determining a CEQR fee. B. For residential projects, the total project cost shall be calculated on the cost of the andstructures. In the case of such projects, the fee charged by an agency may not exceed 2%of the total project cost. C. For nonresidential construction projects, the total project cost shall be calculated onthe cost of supplying utility service to the project, the cost of site preparation and the cost of labor and material as determined with reference to a current cost data publication in common usage. In the case of such projects, the fee charged may not exceed one half of one percent(1/2 of 1%)of the total project cost. D. For projects involving the extraction of minerals, the total project cost shall be the cost of clearing and grubbing and removal of overburden for the entire area to be mined plus the cost of utility services and construction of access roads.The fee charged by the agency may not exceed one half of one percent(1/2 of 1%)of the total project costs. For those costs to be incurred for phases occurring three or more years after calculation. E. Where an applicant chooses not to prepare a draft EIS, the lead agency shall provide the applicant, upon request, with an estimate of the costs for preparing such statement, calculated on the total cost of the project for vhich funding or approval is sought. F. When a dispute arises concerning fees charged to an applicant by a lead agency, the applicant may make a written request to the agency setting forth reasons why it is felt that such fees are inequitable. Upon receipt of a request, the chief fiscal officer of the 48 Q:\PLANNING\STAFF\JoAnn\CEQR\CEQR 09-25-03-Tracked Copy.doc § 176 18. Confidentiality. C. Where an applicant submits a completed EAF or draft or final EIS or otherwise upon a showing by the applicant that such request for confidentiality is No involved agency shall make a final decision to undertake, fund, approve or disapprove an action that has been the subject of a final EIS, either under CEQR, SEAR or the National.Environmental Policy Act(NEPA), until the time period provided in 176- 11 A of this section has passed and the agency has made a written findings statement. Findings and a decision may be made simultaneously. D. Findings must: 1. Consider the relevant environmental impacts, facts and conclusions disclosed in. the final EIS; 2. Weigh and balance relevant environmental impacts with social, economic and other consideration; 3. Provide a rationale for the agency's decision; 4. Certify that the requirements of this chapter have been met. 5. Certify that consistent with social, economic and other essential considerations from among the reasonable alternatives available, the action is one that avoids or minimizes adverse environmental impacts to the maximum extent practicable, and that adverse environmental impacts will be avoided or minimized to the maximum extent practicable by incorporating as conditions to the decision those mitigative measures that were identified as practicable. 4 176-12. Document preparation, Filing, Publication and Distribution The following CEQR documents shall be prepared, filed, published and made available as prescribed in this section: A. Preparation of documents. 1. Each negative declaration,positive declaration, notice of completion of an.EIS, notice of hearing and findings must state that it has been prepared in accordance with article 8 of the Environmental Conservation Law and chapter 176 of the Code of the City of Ithaca and must contain: the name and address of the lead agency; the name, address, and telephone number of a person who can provide additional information; a brief description of the action; the CEQR classification; and the location of the action. 2. In addition to the information contained in paragraph A(1) of this subdivision: (a) A negative declaration must meet the requirement of§ 176-7B of this chapter. A conditioned negative declaration must also identify the specific conditions being imposed that have eliminated or adequately mitigated all 49 Q:\PLANNING\STAFF\JoAnn\CEQR\CEQR 09-25-03-Tracked Copy.doc significant adverse environmental impacts and the period, not less than 30 calendar days, during which comments will be accepted by the lead agency. (b) A positive declaration must identify the potential significant adverse environmental impacts that require the preparation of an EIS and state whether scoping will be conducted. (c) A notice of completion must identify the type of EIS (draft, final, supplemental, generic) and state where copies of the document can be obtained. For a draft EIS the notice must include the period (not less than 30 calendar days from the date of filing or not less than 10 calendar days following a public hearing on the draft EIS) during which comments will be accepted by the lead agency. (d) A.notice of hearing must include the time, date, place and purpose of the hearing and contain a summary of the information contained in the notice of completion. The notice of hearing may be combined with the notice of completion of the draft EIS. (e) Findings must contain the information required by §§ 176-11D and E of this chapter B. Filing and Distribution of documents 1. A Type I negative declaration, conditioned negative declaration,positive declaration, notice of completion of an EIS, EIS, notice of hearing and findings must be filed with: (a) The chief executive officer of the political subdivision in which the action is principally located (b) The lead agency (c) All involved agencies (d) Any person who has requested a copy; and (e) If the action involves an applicant, with the applicant. 2. A negative declaration prepared on an Unlisted action must be files with the lead agency. 3. All CEQR documents and notices, including but not limited to, EAFs, negative declarations,positive declarations, scopes, notices of completion of an EIS, EISs, notices of hearing and findings must be maintained in files that are readily accessible to the public and made available on request. 4. The lead agency may charge a fee to persons requesting documents to recover its copying costs. 5. If sufficient copies of the EIS arc not available to meet public interest, the lead agency must provide an additional copy of the documents to the local public library. 50 Q:\PLANNING\STAFF\JoAnn\CEQR\CEQR 09-25-03-Tracked Copy.doc 6. A copy of the EIS must be sent to the Department of Environmental Conservation, Division of Environmental Permits, 625 Broadway, Albany, NY 12233-1750. C. Publication of notices. 1. Notice of a Type I negative declaration, conditioned negative declaration,positive declaration and completion of an.EIS must be published in the Environmental Notice Bulletin (ENB) in a manner prescribed by the department. Notice must be provided by the lead agency directly to Environmental Notice Bulletin, Room 538, 625 Broadway, Albany, NY 12233-1750 for publication in the ENB. The ENB is accessible on the department's internet web site at http://www.dec.state.ny.us 2. A.notice of hearing must be published, at least 14 days in advance of the hearing date, in a newspaper of general circulation in the area of the potential impacts of the action. For state agency actions that apply statewide this requirement can be satisfied by publishing the hearing notice in the ENB and the State Register. 3. Agencies may provide for additional public notice by posting on sign boards or by other appropriate means. 4. Notice of a negative declaration must be incorporated once into any other subsequent notice required by law. This requirement can be satisfied by indicating the CEQR classification of the action and the agency's determination of significance. $ 176-13. Fees and costs. A. When an action subject to this chapter involves an applicant, the lead agency may charge a fee to the applicant in order to recover the actual costs of preparing or reviewing the draft EIS. The fee may include a chargeback to recover a proportion of the lead agency's actual costs expended for the preparation of a generic EIS prepared sursuant to section 176-10 of this chaster for the _eo_ra.hic are where the as slicant's project is located. The chargeback may be based on the percentage of the remaining developable land or the percentage of road frontage to be used by the project, or any other reasonable methods. The fee must not exceed the amounts allowed under subdivision B through D of this section. If the lead agency charges for preparation of a draft and/or final EIS, it may not also charge for review; if it charges for review of a draft and/or final EIS, it may not also charge for preparation. Scoping shall be considered part of the draft EIS for purposes of determining a CEQR fee; no fee may be charged for preparation of an EAF or determination of significance. B. For residential projects, the total project value shall be calculated on the actual purchase price of the land or the fair market value of the land (determined by assessed valuation divided by equalization rate)whichever is higher, plus the cost of all required site improvements, not including the cost of buildings and structures as determined with reference to a current cost data publication in common use. In the case of such projects, the fee charged by an agency may not exceed 2% of the total project value. 51 Q:\PLANNING\STAFF\JoAnn\CEQR\CEQR 09-25-03-Tracked Copy.doc C. For nonresidential construction projects, the total project value shall be calculated on the actual purchase price of the land or the fair market value of the land (determined by assessed valuation divided by equalization rate) whichever is higher, plus the cost of supplying utility service to the project, the cost of site preparation and the cost of labor and material as determined with reference to a current cost data publication in common usage. In the case of such projects, the fee charged may not exceed one-half of one percent(1/2 of 1%) of the total project value. D. For projects involving the extraction of minerals, the total project value shall be calculated on the cost of site preparation for mining. "Site preparation cost" shall mean the cost of clearing and grubbing and removal of overburden for the entire area to be mined plus the cost of utility services and construction of access roads. Such costs are determined with reference to a current cost data publication in common use. The fee charged by the agency may not exceed one-half of one percent (1/2 of 1%) of the total project value. For those costs to be incurred for phases occurring three or more years after issuance of a permit, the total project value shall be determined using a present value calculation. E. Where an applicant chooses not to prepare a draft EIS, the lead agency shall provide the applicant, upon request,with an estimate of the costs for preparing such. statement, calculated on the total value of the project for which funding or approval is sought. F. Appeals Procedure. When a dispute arises concerning fees charged to an applicant by a lead agency, the applicant may make a written request to the agency setting forth reasons why it is felt that such fees are inequitable. Upon receipt of a request, the chief fiscal officer of the agency or his/her designee shall examine the agency record and prepare a written response to the applicant, setting forth reasons why the applicant's claims are valid or invalid. Such appeal procedure shall not interfere with or cause delay in the EIS process or prohibit an action from being undertaken. G. The technical services of the department may be made available to other agencies on a fee basis,reflecting the costs thereof, and the fee charged to any applicant pursuant to this section may reflect such costs 4176.1.4 Individual Agency Procedures to implement CEQR. A. Agencies may find it helpful to seek the advice and assistance of other agencies, groups and persons on CEQR matters, including the following: 1. Advice on preparation and review of EAF's; 2. Recommendations on the significance or non-significance of actions; 3. Preparation and review of EISs and recommendations on the scope, adequacy, and contents of EISs; 4. Preparation and filing of SEAR notices and documents; 5. Conduct of public hearings; and 6. Recommendations to decision makers. 52 Q:\PLANNING\STAFF\JoAnn\CEQR\CEQR 09-25-03-Tracked Copy.doc B. Agencies are strongly encouraged to enter into cooperative agreements with other agencies regularly involved in carrying out or approving the same actions for the purposes of coordinating their procedures. C. All agencies are subject to the lists of Type I and Type II actions contained in this chapter, and must apply the criteria provided in section 176-7C of this Part. In addition, agencies may adopt their own lists of Type I actions, in accordance with section 176-4 of this Part and their own lists of Type II actions in accordance with section 176-5 of this Part. D. Every agency that adopts,has adopted or amends CEQR procedures must, after public hearing, file them with the commissioner, who will maintain them to serve as a resource for agencies and interested persons. The commissioner will provide notice in the ENB of such procedures upon filing. All agencies that have promulgated their own CEQR procedures must review and bring them into conformance with this chapter. Until agencies do so, their procedures, where inconsistent or less protective, are superseded by this chapter. E. The Common.Council may designate a specific geographic area within its boundaries as a critical environmental area(CEA). A state agency may also designate as a CEA a specific geographic area that is owned or managed by the state or is under its regulatory authority. Designation of a CEA must be preceded by written public notice and a public hearing. The public notice must identify the boundaries and the specific environmental characteristics of the area warranting CEA designation. 1. To be designated as a CEA, an area must have an exceptional or unique character covering one or more of the following: (a) A benefit or threat to human health; (b) A natural setting(e.g., fish and wildlife habitat, forest and vegetation, open space and areas of important aesthetic or scenic quality); (c) Agricultural, social, cultural, historic, archaeological, recreational, or educational values; or (d) An inherent ecological, geological or hydrological sensitivity to change that may be adversely affected by any change. 2. Notification that an area has been designated as a CEA must include a map at an appropriate scale to readily locate the boundaries of the CEA, the written. justification supporting the desination, and proof of public hearing and, must be filed with: (a) The commissioner; (b) The appropriate regional office of the department; (c) Any other agency regularly involved in undertaking, funding or approving actions in the municipality in which the area has been designated. 3. This designation shall take effect 30 days after filing with the commissioner. Each designation of a CEA must be published in the ENB by the department and the department will serve as a clearinghouse for information on CEAs. 53 Q:\PLANNING\STAFF\JoAnn\CEQR\CEQR 09-25-03-Tracked Copy.doc 4. Following designation, the potential impact of any Type I or Unlisted Action on the environmental characteristics of the CEA is a relevant area of environmental concern and must be evaluated in the determination of significance prepared pursuant to Section 176-7 of this Chapter. § 176-15. Actions involving a federal agency. A. When a draft and final EIS for an action have been duly prepared under the National Environmental Police Act of 1969, an agency has no obligation to prepare an. additional EIS under this chapter, provided that the federal EIS is sufficient to make findings under§ 176-11 of this chapter. However, except in the case of Type II actions listed in section 176-5 of this chapter, no agency may undertake, fund or approve the action until the federal final EIS has been completed and the agency has made the findings prescribed in § 176-11 of this chapter. B. Where a finding of no significant impact (FNSI) or other written threshold determination that the action will not require a federal impact statement has been prepared under the National Environmental Policy Act of 1969, the determination shall not automatically constitute compliance with CEQR. In such cases, agencies remain responsible for compliance with CEQR. C. In the case of an action involving a federal agency for which either a federal FNSI or a federal draft and final EIS have been prepared, except where otherwise required by law, a final decision by a federal agency shall not be controlling on any state or local agency decision on the action but may be considered by the agency. § 176-16. Confidentiality. Where a project sponsor submits a completed EAF or draft or final EIS or otherwise provides information concerning the environmental impacts of a proposed project, the project sponsor may request, consistent with the Freedom of Information Law(FOIL), Article 6 of the Public Officer Law. Prior to divulging any such information, the agency must comply vith the requirements of FOIL. § 176 19. Appendixes. Appendixes A, B, C,D, E,F, G, H and I are model forms which may be used to satisfy this chapter or may be modified in accordance with § 176 2 of this chapter.EN A. Law, that specifically identified information be held confidential . Prior to divulging any such information, the agency must notify the project sponsor of its determination of whether or not it will hold the information confidential. §176.17 REFERENCED MATERIAL. The following referenced documents have been filed with the New York State Department of State. The documents are available from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402 and for inspection 54 Q:\PLANNING\STAFF\JoAnn\CEQR\CEQR 09-25-03-Tracked Copy.doc and copying at the Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-1750. 1. National Register of Historic Places, (1994), 36 Code of Federal Regulation (CFR)Parts 60 and 63. 2 . Register Of National Natural Landmarks,(1994), 36 Code of Federal Regulation (CFR)Part 62. 4176.18 Severability If any provision of this Part or its application to any person or circumstance is determined to be contrary to law by a court of competent jurisdiction, such determination shall not affect or impair the validity of the other provisions of this Chapter or the application to other persons and circumstances. 4 176-19. Appendices. Appendices A, B, C, D, E, F, G, H and I are model forms which may be used to satisfy this chapter or may be modified in accordance with 176-2 of this chapter. 55 10/7/2003 Draft Resolution: Declaration of Lead Agency for the Adoption of the Proposed Revisions to the City of Ithaca Environmental Quality Review Ordinance (CEQR) WHEREAS, State Law and Section 176.6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed adoption of the revisions to the City's Environmental Quality Review Ordinance is an "Unlisted" Action pursuant to CEQR which requires review under the City's Environmental Quality Review Ordinance; now, therefore,be it RESOLVED, that Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the proposed adoption of the revisions to the City of Ithaca Environmental Quality Review Ordinance (CEQR) q:l planning l projects lcegro revisionslresolution-lead agency ceqro revision8-13-03.doc 10/07/03 10/7/2003 Draft Resolution: Proposed Adoption of Revisions to the City of Ithaca's Environmental Quality Review Ordinance- Determination of Environmental Significance WHEREAS, the City of Ithaca is considering a proposal to adopt revisions to its Environmental Quality Review Ordinance, and WHEREAS, appropriate environmental review has been conducted including the preparation of the Short Environmental Assessment Forms (SEAF), and WHEREAS, this revision has been reviewed by the City of Ithaca Conservation Advisory Council, and the City of Ithaca Planning and Development Board, and WHEREAS, the proposed action is an Unlisted Action under the City Environmental Quality Review Act (CEQR Sec.176-12B), and WHEREAS, the Common Council recognizes that the existing Type I list for the City is extensive and carries with it the presumption that every Type I action will need an environmental impact statement and WHEREAS, history has shown that this is not the case and that revising the type 1 list does not preclude environmental review, and WHEREAS, the Common Council of the City of Ithaca, acting as Lead Agency, reviewed the SEAF prepared by planning staff and has determined that the adoption of the proposed revisions will not have a significant effect on the environment; now, therefore, be it RESOLVED, that this Common Council, as lead agency in this matter, hereby adopts as its own, the finding and conclusions more fully set forth on the Short Environmental Assessment Form, and be it further RESOLVED, that this Common Council, as lead agency in this matter, hereby determines that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary, and be it further RESOLVED, that this resolution constitutes notice of this negative declaration and that the City Clerk is hereby directed to file a copy of the same, together with any attachments, in the City Clerk's Office, and forward the same to any other parties as required by law. Q:IPLANNINGIPROJECTSICEQRO Revisions\Resolution-Negdec.doc 10/7/03 Draft Resolution: Adoption of the Revisions to the City of Ithaca Environmental Quality Review Ordinance (CEQR) WHEREAS, the City of Ithaca Environmental Quality Review Ordinance (CEQRO) currently differs from the State Environmental Quality Review Act (SEQR) in many ways, and WHEREAS, the City of Ithaca Common Council recognizes that many of these differences are minor and consist of discrepancies in numbering and format, and WHEREAS, these minor discrepancies cause confusion to applicants and project sponsors seeking to comply with both City and State environmental review for projects in the City of Ithaca, and WHEREAS, the existing ordinance contains conflicts between the State Type II actions and the City of Ithaca type I actions, and revisions have been made in an effort to eliminate these conflicts, and WHEREAS, a public hearing was held for the adoption of these CEQR revisions on September 3, 2003, and WHEREAS, the City of Ithaca Common Council, as lead agency in this matter, has on November 5, 2003, determined that the proposed action will not have a significant effect on the environment, and that further environmental review is unnecessary, now therefore be it RESOLVED, That the City of Ithaca Common Council hereby adopts the revised City Environmental Quality Review Ordinance. Q:IPLANNINGIPROJECTSICEQRO RevisionslResolution-Adoption.doc D6 MEMORANDUM TO: Planning and Economic Development Committee FROM: Terry Plater, Public Art Commission Chair, and Public Art Commission Members RE: Public Art Plan Draft— Draft Revisions DATE: October 9, 2003 The Public Art Commission returns to you with the attached revised draft of a public art plan. The major change is that the commission has rearranged the funding priorities section of the report in response to concerns from various quarters about a public percent for art program at this time. Text has also been added to describe potential costs for a city percent for arts program. Substantive changes are underlined in the draft. Since June, the Public Art Commission has reviewed plan elements with the City Attorney's Office and a public forum on the plan was sponsored by State of the Art Gallery in July. At this time, the Public Art Commission seeks your adoption of the plan in order to lay a foundation for implementation of a fully realized public art plan. No financial requests are currently being requested. This item will be on the agenda of the October 15 Planning and Economic Development Committee meeting. Representatives of the commission will be in attendance to discuss the plan and answer questions. CITY OF ITHACA Draft/Draft 10/9/03 PUBLIC ART COMMISSION COMPREHENSIVE PUBLIC ART PLAN Compiled by the Public Art Commission November 2002 -June 2003 Public Art Commission Terry Plater, Public Art Commission Chair Leslie Carrere, Commission member Sally Grubb, Commission member Barbara Mink, Commission member Alan Nemcek, Commission member Susan Blumenthal, Common Council, liaison JoAnn Cornish, City staff, liaison Richard Driscoll, Community Arts Partnership, liaison Gary Ferguson, Ithaca Downtown Partnership, liaison With Martha Frommelt, Consultant Submitted to the City of Ithaca's Mayor and Common Council June 2003 "The presence of public, outdoor art in any community is an integral part of a healthy culture that provides significant value to both residents and visitors. Public art and monuments promote social gathering and interaction. The art automatically becomes an identifiable point in the urban environment." - Matthew Braun, Executive Director Dewitt Historical Society of Tompkins County 1 OVERVIEW draft 10/9/03 The Public Art Commission (PAC) began work on a comprehensive public art plan in the fall of 2002, following adoption of ordinance#2002-6 by the City of Ithaca's Common Council. Gathering input from key informants in the community representing visual arts, education, business, individual artists and civic groups, the commission drafted a long-term plan for public art. In addition, research into public art best practices was used to develop the processes and procedures recommended in this plan. The commission's goal is that the plan for public art will serve several purposes: • To identify and recognize the city's past efforts and call attention to the city's existing holdings. • To establish a vision and serve as a guide to lay the foundation for a comprehensive program for public art in the city. • To help educate the public about the value of public art in the community. • To identify critical issues, procedures,and best practices that need to be agreed upon in order to establish a successful program. • To present ideas to formulate funding mechanisms to support a public art program in the city. • To enhance economic development in the city, helping to attract businesses, employees and tourists to the area. Public art programs, combined with other cultural activities, have helped make communities interesting and attractive places to live and work. Ithaca's vital artist community and supportive business climate make a comprehensive public art program the logical next step in community enhancement. The Public Art Commission believes Ithaca and Tompkins County have both the artists and audiences to support a public art plan. The City of Ithaca has already demonstrated appreciation for the place of public art in our community. Through projects like the Commons rails, the Centennial art collection, and area murals, the city has supported art as a part of the spectrum of community values. Building on existing programs like "Art in the Heart" and the Greater Ithaca Art Trail while identifying potential city public art sites and processes, the Public Art Commission hopes to contribute to the City of Ithaca's vision of a "model community: a great place to create, dream, live, learn, work and play." The plan is presented with the understanding that not all facets of the proposed program can be put in place immediately. Full implementation will require a larger commitment to public art by the city over the long run. Some pieces of the plan can be implemented in the near future. However, the Public Art Commission hopes that full realization of this plan will occur as the resources become available to the city. "The arts are an integral part of a healthy culture and provide significant value to both the community and the artists. Public art offers an alternate context in which to contemplate art: outside of an institution and in our everyday lives. It can function as a daily reminder of the value and power of creative expression. As artists respond to the physical and psychological nature of our landscape, their work can connect us to the diversity and stories of our neighborhoods. The arts are a valuable resource in our community and need support and exchange. Such a program can encourage discourse, innovation and experimentation in the arts, energizing the spirit of both artists and audiences." Carol Spence, Ithaca City School District Fine Arts Chair, High School A TABLE OF CONTENTS DRAFT 10/9/03 Page Number Overview 2 Table of Contents 3 Background: A Brief History of Public Art in Ithaca 4-6 Public Art Values, Vision and Goals 7 Public Art Plan Creation 8 Plan Summary 9 Program Elements 10 Acquisitions Program 11-12 Donations Program 13 On-Loan Program 14 Administration of Public Art Plan 15 Purpose 15 Public Art Commission 15-16 Other Public Art Partners 16 Contracted agencies 16 Acquisition and Donations Advisory Panel 16 Partnership agencies 16 Delineation of Responsibilities within City 17 Proposed Collaboration with City Departments 18 Public Meetings 18 Program Evaluation Goals 18 Partnerships 18 Other Design Services—Artist Collaborations 18 Education/Public Information Program 19 Maintaining the Collection 20-21 Proposed Locations for Public Art 22-23 Budget 24-25 Proposed Objectives 26-27 Public Art Ideas 28-29 Artist Policy 30 Appendices 31 A. City Code— Public Art 32-36 B. City Artwork Directory 37-38 C. Acquisition Steps 39-41 D. Donation Steps 42 E. Appeals Process 43 F. Discussion of Selection Criteria 44-45 G. Funding Methods 46-51 H. Funding Sources 52 I. Public Art Plan Key Informants 53-54 J. VARA Visual Artists Rights Act 55 K. Contracts 56 L. Potential Public Art Partners 57-58 M. Ithaca Downtown Partnership:Plan for Downtown59-60 N. Public Art Resources and Information 61-63 O. Sample Ordinances 64-82 P. Public Art Commission Members 2002-03 83-84 3 BACKGROUND: A BRIEF HISTORY OF PUBLIC ART IN ITHACA draft 10/9/03 The City of Ithaca has long been concerned with the visual appeal of its community. Through neighborhood initiatives, historic preservation efforts, as well as design and landscape requirements for new development, the City sets guidelines for spaces and buildings. Over the past fifteen years, the City has also strived to enhance the visual appeal of the community through the acquisition of art works and acceptance of donated works. Below is a brief description of the City's public art efforts to date and some key events that form the backdrop to this plan. In 1988, the City celebrated its centennial with many activities and programs. Under the Centennial Commission (the nonprofit group that organized the festivities), an Arts and Culture Committee was established made up of city residents and chaired by Tom Niederkorn. This committee had a budget of approximately$30,000 that was used to sponsor a series of arts events and to purchase a collection of art for the city. The collection was curated by Jean Deming, former Commons Coordinator, and a committee that included Sally Grubb, Jill Hartz, Thomas Leavitt and Carleen Skawski. Over a dozen pieces were acquired which are displayed in corridors and offices of City Hall, although the intent had been to display them in public buildings throughout the city. In 1992, a seven-member Advisory Commission on Art and Design for Public Spaces was established to replace and take over the responsibilities of the Centennial Commission and to add to the existing collection of art for public places owned by the City. August 1993 marked the completion of a brick and trolley rail sculpture by artist Gail Scott White on The Commons near the center pavilion. This project commemorated Ithaca's old trolley car system and included the names of 30 local geographic features. In 1994, Art Under Foot—a series of historic markers in The Commons pavement—were laid under the guidance of Jon Meigs with artwork contributed by Bill Benson. An explanatory plaque was placed on the electrical box in Bank Alley. In 1999, the City worked with the Sciencenter to establish the Sagan Planet Walk, dedicated to astronomer Carl Sagan. This series of concrete planet station markers is a scale model of the solar system. The markers, reminiscent of Standing Stones, were designed by Erin Caruth and the plaques on the markers were designed by members of the Sciencenter. Local businesses and community members sponsored the planet stations, which stretch from the center of The Commons north to the Sciencenter. Also, in 1999, the Common Council revised the 1992 ordinance that had established the Advisory Commission on Art and Design for Public Spaces. The major change to the ordinance was the addition to the group's duties to establish a plan and mechanisms for implementation of a public art program to enrich the visual environment of public, private, and semi-private spaces within the city. The focus was shifted to the goal of developing a plan for public art in order to promote a broader and more comprehensive approach to the City's endeavor, to encourage more outdoor art, and to address public art funding issues. The group's name changed to the Public Art and Design Commission. In the early nineties, the City had finally reached resolution on reconstructing the"Octopus," a confluence of roads that converged near the Cayuga Inlet and the West End of Ithaca. In 1995, as a part of this construction involving reconfigured bridges, a design contest was held to add artwork to the bridge abutments. All Tompkins County residents were invited to take part in the "Invitation to Design" contest. Artist designs for two bridges were received and reviewed by the Bridge Oversight Committee. The Committee make-up included one artist, Bill Benson; three architects, John Schroeder, Mario Schack, and Kent Hubbell; two engineers, Bill Gray and Diana Miller(NYSDOT); and one planner, Jon Meigs. Fifty-four entries were received. Finalists' 4 r Background continued draft 10/9/03 designs were displayed for the community to view, and finalists were given a $300 honorarium. Criteria for the selection included: artistic merit, aesthetic integrity of the bridge as a whole, success in fostering site specific"sense of place," and adherence to stated practical construction. Artist John Snyder won the competition for the Route 96 bridge with his entry of four aluminum sculptural pieces designed to reflect"sentries" marking entry and departure from the bridge, and Tim Merrick won the competition for the Route 89 bridge with his entry of masonry(Llenroc) towers with ceramic murals depicting the images of local beauty. After the installation of the art works in 1999, controversy surrounded the Route 96 bridge sculptures. A resolution to relocate them was approved by Common Council in 2000. After Snyder filed a lawsuit against the city, the matter was resolved when Common Council voted to repeal the resolution. In 2000, the Ithaca Downtown Partnership began the Art in the Heart Program, a predominantly outdoor exhibit of art, supported by the city and private sponsors. Approximately 30 pieces of sculpture, ranging from representational figures to abstract forms, cast in stone, steel, bronze and wood, were located in high traffic pedestrian areas of downtown. In 2001 and 2002, two works were donated to and accepted by the City. Corrine, Danielle and Ethan Stern and friends donated an Ethan Stern piece, "Merge," in memory of Robert Stern. Led by Andrew Sciarabba, Sciarabba Walker and Co. LLP, donated a Christi L. Harrington piece, "Song of Innocence." Both pieces are located in planters on The Commons. In 2002, Roberto Bertoia's Cornell University sculpture class worked with the city on designs for the Neptune bridge, located near the Sciencenter and Neptune Park. These pieces were designed and installed by the class. Shortly afterward, the pieces were compromised because of materials and installation issues. New symbols were designed, fabricated and installed. In 2002, the Common Council revised the 1999 ordinance to clarify the role of the Public Art and Design Commission, and to establish policies and guidelines regarding acquisitions, donations, and temporary artwork. The title of the commission was changed to the Public Art Commission, reflecting the group's focus on public art. In 2002, NYSEG donated a Cherry Rahn piece called "Businessman in Touch with Nature," an enlarged recasting of a piece from the Art In the Heart Program which had been displayed in the Tompkins County Public Library. Rahn's piece was installed on The Commons in the spring of 2003.* There have been other program collaborations and temporary art installations as a result of the City's collaboration with Cornell classes, individual artists and other groups, such as the Ithaca Festival. Many student mural projects appear on city buildings such as GIAC and the Ithaca Youth Bureau, as well as in the Home Dairy alley on The Commons. It should also be noted that other private businesses and not-for-profit groups in the city have taken an active role in promoting public art and have installed some art pieces over the years. Most notable are the large Cayuga Lake landscape mural by David Finn on the north wall of the now-demolished Strand Theater, murals currently on the Domino's Pizza west wall and the Scoop Ice Cream Shop building on Taughannock Boulevard, and a metal sculpture in front of the Drop-In Children's Center on First Street. In 2002, Handwork purchased Teresa Howley's work that was displayed on the exterior of their building on Cayuga and State Street as part of the Art in the Heart exhibit. The piece remains in the same location today. 5 Background continued draft 10/9/03 Paintings are also consistently displayed in the interior of private buildings throughout the city—for example, in lobbies of financial institutions and in numerous restaurants. Other not-for-profit venues for public art in the city include the Tompkins County Human Services Building and the Tompkins County Public Library, which regularly hosts shows displaying the work of local artists. While most of these projects have been enthusiastically accepted by the community and successful in establishing public art, there have been instances when some installations have been marked by controversy and in a few instances, vandalism. Along with other stated goals, the intent of this plan is to provide processes and procedures for acquiring art that will help minimize these conditions. *A listing of artwork owned by the City is included in the appendix. 6 PUBLIC ART VALUES, VISION AND GOALS draft 10/9/03 Art and cultural events are largely recognized as an essential part of a community's vitality and health. Even so, public art in the United States has been accompanied by controversy and conflict since its beginnings. The gift of the Statue of Liberty was met with opposition. In the 1970s, Richard Serra's Tilted Arc in New York City was the subject of hearings to review the commission of this work and these discussions eventually led to removal of the artwork. The nature of"public" and the individualistic, subjective process of an artist creating an original work of art have sometimes led to conflict. However, even with the potential for disagreement, communities have recognized the value of engaging in public art activities. Why engage in public art and cultural activities when there is potential for disagreement or at a time when public resources are stretched? The Public Art Commission addressed these questions and many other questions raised by individuals in the community. "Why are you doing this when we are eliminating jobs?" "Why does the city have to be a leader in this instead of a facilitator?" "How do you choose art that everyone likes?" "How do you prevent the"bridge" from happening again?" The Public Art Commission seriously considered these and other questions. The Public Art Commission believes that the aesthetics of a community count, even in tough times, and that art as part of our surroundings is a right, not a frill. Aesthetic considerations and art should, therefore, be incorporated as part of basic city planning. A secondary benefit of embracing art as a basic city value is economic enhancement and livability. Public art can be part of an overall strategy to improve our community. A cultural focus is an important city value for the public good. Attention to this value signals a community's health and forward thinking. The commission can't guarantee that public art will not be without future difficulties or controversy. Art, by its nature, is very subjective. However, the commission offers this plan and its described processes and criteria to provide for community access and participation in the public art process and to highlight information about goals. Community input and public relations and information have been proven factors contributing to the success of public art projects. The commission, spurred on by Common Council member Susan Blumenthal's vision, enthusiasm and energy for public art, embarked on this planning process with the view that to not do so would be a missed opportunity. Ithaca and its surrounding area are rich with artists, interested audiences and art experts. Ithaca already has the necessary foundation for a successful public art program. According to the Community Arts Partnership's (CAP) recently completed Community Cultural Assessment(July 2003), the arts and the arts community contribute to the quality of life in our region. This fact was widely recognized by the public and private sectors. In terms of cultural tourism, there is "an excellent opportunity to make the downtown visit a distinctive one by `intercepting' visitors with public art as well as art and craft shops." The Tompkins County Quality of Life 2000 booklet confirms the vital role of the arts in our county's livability. The number of arts events and arts in education activities numbers in the several thousands in a given year according to the county booklet. Residents demonstrate their value of the arts through their participation. The Public Art Commission values and envisions use of the city as a gallery. Our"gallery"would present a diverse array of permanent and temporary art. Members of the community would have their favorite art pieces in our gallery but not everyone would like every piece. However, the focus on our community's visual environment and promoting dialogue about it would contribute to city life and people's use and enjoyment of public spaces. 7 PUBLIC ART PLAN CREATION DRAFT 10/9/03 From November 2002 to June 2003, the Public Art Commission worked toward the creation of this plan. Commission members, working with consultant Martha Frommelt, looked at other public art plans, reviewed literature on public art and connected with other arts agencies concerned with public art issues. Working from Ithaca's public art ordinances, the commission fleshed out the specifics of this plan in monthly meetings. Community members were consulted at various points in the process. In October 2002, commission members participated in the Ithaca Downtown Partnership's public art forum where the role of public art in a community was discussed. In December, the Public Art Commission sponsored an artist meeting to gather input on the plan. In March community groups were contacted for input on specific sites for public art and program ideas. In May a second artist meeting was held to review parts of the draft plan. Also, in July, following an initial presentation to the Planning and Economic Development Committee, a public meeting about the plan was held at the State of the Art gallery. Meetings with individuals also occurred (Frank Robinson, Johnson Museum; John Snyder, bridge sculptor; Jeff deCastro, public artist; Jean McPheeters, Chamber of Commerce; Gary Ferguson and Chamber of Commerce City Affairs Committee, Ithaca Downtown Partnership board presentation, and developers meetings). Terry Plater, Commission Chair and Susan Blumenthal, Common Council liaison, attended many extra meetings to gather input. Richard Driscoll, Community Arts Partnership (CAP) liaison, hosted meeting space and connected the commission to over 600 artists through the CAP listserv. Gary Ferguson, Ithaca Downtown Partnership liaison, included the commission in IDP's public art forum. JoAnn Cornish, city staff liaison, and Susan Blumenthal assisted the Commission and consultant with historical information and current planning issues. All Commission members- Leslie Carrere, Barbara Mink, Alan Nemcek, Sally Grubb with Terry Plater- undertook the extra tasks of following through on "homework" in between meetings. A large number of key informant groups representing cultural, neighborhood, and not-for-profit organizations were sent letters and asked to reply to these questions: In your area (or from your organization's vantage point), what three public spaces could be improved visually? Please list in priority order. What are the best ways to make these improvements? In what ways would art improve the city as a place to live and work? How would your group like to work with us in crafting a city public art program and plan? What are ways in which your organization would like to interact with a city public art program and plan? A list of the groups contacted is contained in the appendix. All the research, input and outreach led to the creation of this plan, which is intended to be a foundation for guiding public art activity in the City of Ithaca. "Art should be used to humanize overly architectural spaces, to soften edges, to bridge between people and the overwhelming scale of buildings. Art should address the specific site whenever possible—incorporating visual cues, historical context and social aspects of the space. Art should make people think, not just serve as visual embellishment. It should do so in a way that is visually pleasing, which, although quite subjective, can be defined by the incorporation of basic visual harmonies taught in any art school foundation design class. The art should inform, but not antagonize the general populace. The work should create dialogue and possibly debate but be open to interpretation so that viewpoints other than that solely of the artist can be expressed. " -Rob Licht, sculptor 8 PLAN SUMMARY draft 10/9/03 PUBLIC ART COMMISSION PUBLIC ART PLAN This plan will serve as a blueprint for discussion and implementation of the City's acquisition, installation and maintenance of art in public spaces. In addition, the plan calls for community involvement in the public art process and dialogue about the City's existing public art collection. Mission The plan's mission is to enrich the everyday experience of residents and visitors by engaging them in art acquisitions, art donations and loaned art displayed in the city's public places. The primary focus is on outdoor art. The plan also suggests ways to support inclusion of art and artist ideas in private development projects. Criteria Overall criteria for choosing works of art include: • artistic merit and quality • safety and durability • unrestricted public viewing • installation and maintenance of work • representation of a variety of styles and tastes in the collection. In addition to the general criteria, more specific criteria and processes provide a somewhat different focus for each program element. Plan Program Elements Acquisition Program This program focuses on revealing and creating a sense of place by enhancing city-owned sites with art works. A percent for art ordinance and other sources are discussed as future mechanisms to fund this program. Grants and donations would also be used to fund acquisitions. Donations Program This program focuses on enhancing and expanding our community identity through placement of donated art works in city-owned spaces or other public settings. This program will be funded through donations, grants and partnerships. Loaned Art Program This program focuses on representing a broad variety of tastes within the community and engaging the public in a dialogue about the art with the artists and each other. This dialogue will take place through programming and public information about the loaned art that is temporarily displayed. This program will be funded through ongoing partnerships with such groups as Ithaca Downtown Partnership. Long-term goal The long-term goal is to have the public art plan managed by a designated city staff person working with the Public Art Commission, in partnership with contracted agencies and community stakeholder groups, all overseen by the Common Council. The Public Art Commission recognizes the potential economic and social benefits of the City of Ithaca's Public Art Plan. Through improving the city's visual appeal, promoting celebration of the arts and civic pride, the Public Art Program will contribute to a sense of community vitality. Part of the long-term vision is that this kind of program could eventually be established as a county-wide effort. 9 PROGRAM ELEMENTS DRAFT 10/9/03 The following sections explain the criteria and procedures recommended for the three program elements of the public art ordinance: acquisitions, donations and loans. The Public Art Commission recommends use of the criteria and procedures described in each section to implement public art activity. ACQUISITION PROGRAM DONATIONS PROGRAM ON-LOAN PROGRAM 10 ACQUISITION PROGRAM draft 10/9/03 PURPOSE The Acquisition Program presents exciting opportunities to highlight key areas of the city with outstanding outdoor art commissions or acquisitions. A major feature of an acquisition program is that it has the potential to involve the community in providing input into the design process. Also, a site usage study, including an analysis of established patterns of use, would be integral to planning. Focus on community input and site enhancement would help fulfill the program purpose to reveal and create a sense of place. With attention to the site and its place in the community, art will serve the role of making public spaces interesting and successful. PROCESS Selection Criteria: In addition to the overall program criteria, the acquisition program would consider these additional, specific points in art selection. The overall and specific criteria are listed in priority order or order of importance. Overall - 1. Artistic merit and quality of work 2. Safety and durability of work 3. Unrestricted public viewing of work 4. Administration of work (shipping, installation, maintenance) 5. Balanced inventory in the permanent collection Specific- 6. Artist's demonstrated ability to respond to the project site and context 7. How work fits into the natural or built environment of the site 8. Compatibility with established patterns of use of the site 9. Established objectives of the acquisition program 10. Use of community input in design Selection Steps The steps are based on established practices used by public art programs across the country and are described later in this plan. The steps focus attention on three important phases of an acquisition: selecting the site, the artist and the design. An initial list of sites for public art is contained later in this plan. An advisory panel would be used to assist in the artist and design selection phase. Opportunities for public comment would be provided. An appeals process would provide for final feedback before an acquisition is installed. After installation of an artwork, public information would be provided and community dialogue encouraged. Funding Potentially, the Acquisitions Program would focus on large to small commissions of artwork. A variety of funding methods could be used. However, government public art programs have often used "percent for art" funding to conduct these commissions where a percentage of capital improvement costs is used to incorporate public art into the city landscape. This funding method enables cities to conduct the appropriate community input gathering and site study procedures that contribute to public art success. • If percent funding is not used, the City of Ithaca could seek grants, though this option usually allows less flexibility and creative control because the use of grants is often tied to specific grant- giver goals. Depending on the acquisition/commission project, the city could seek a grant source with a matching goal. For example, transportation funding has been used to support art Acquisition program continued draft 10/9/03 incorporated into bus stops and train stations. Urban development funds have supported artwork in revitalization efforts. Also, individual donations have supported art purchases and cultural programming. As was the case with the Centennial Commission, donations supported many cultural and other activities, including the purchase of a city art collection. However, these donations were accepted through the Centennial Commission, a separate 501c3 organization set up for the singular purpose of celebrating Ithaca's Centennial. This kind of significant giving would probably work best tied to a specific purpose (like the Centennial) or a specific site (like the current waterfront trail project). Another option for funding art is to include a budget line in the general operating budget. This approach is one proposed by the City of Huntington, NY. Some cities also use a per capita mechanism to fund a budget line for public art. However, establishing such a budget line and maintaining it during tight budget times is difficult. A local option for funding worth exploring is the room tax mechanism. This option might provide an ongoing revenue stream that could be pooled with other revenue sources to build sufficient funds for an acquisition or commission. Any of these funding methods could be directed to a pool for public art. Gathering resources into a fund for public art enables Ithaca to address prioritized sites and have time to plan and gather community input. Overall, a percent for art funding mechanism, a general operating budget line, or a pooled fund for public art allows for more planning and community collaboration. More information on funding methods is contained later in the appendix of this report. "Public art should contribute to city life and people's use and enjoyment of public places. Public art is most effective when it is incorporated, as a design strategy, into the planning of public spaces from the outset and acts as a catalyst for generating activity." Project for Public Spaces www.pps.orq "In the past, public art often referred to site-dominant sculpture-- that is sculpture conceived primarily as an object and made out of context and placed or adjusted to fit into a setting. In recent years, site-specific works have emerged which are often contextual responses to a site-- using physical features, history and symbolism to inform their conceptualization, form and experience." Gail Scott White, artist, December 1992 12 DONATIONS PROGRAM draft 10/9/03 Purpose The Donations Program would enhance our community identity by celebrating the donors and artists who contribute to the visual vitality of our public environment through donating works of art. Process Donations of artwork will be considered based on the selection criteria below. While the Public Art Commission welcomes and values donors' interest in public art, it may be that not all donations can be accepted. Selection Criteria: In addition to the overall program criteria, the donations program would consider these additional points in art selection. The overall and specific criteria are listed in priority order or order of importance. Overall - 1. Artistic merit and quality of work 2. Safety and durability of work 3. Unrestricted public viewing of work 4. Administration of work (shipping, installation, maintenance) 5. Balanced inventory in the permanent collection Specific- 6. Physical condition of work 7. History and provenance of work 8. Suitable location for work 9. Compatibility with the City's donations program objectives and education plan 10. Contribution to existing public art collection. Selection Steps: The selection steps are based on practices used by public art programs across the country and are described later in the plan. The steps focus a review of the artwork for donation, suitable sites for the artwork, required maintenance and sharing information with the public about the donation. Funding: Funding is dependent on donors, partnerships, individual solicitations and grant writing. A maintenance fund or endowment could be created from percent for art funds or some other funding mechanism. 13 ON-LOAN PROGRAM draft 10/9/03 Purpose This on-loan program enables the City to engage in creative partnerships that foster public dialogue about art and artists. Process Selection Criteria: In addition to the overall program criteria, the on-loan program would consider these additional points in setting up partnerships. Overall and specific selection criteria are listed in priority order or order of importance. Overall - 1. Artistic merit and quality of work 2. Safety and durability of work 3. Unrestricted public viewing of work 4. Administration of work (shipping, installation, maintenance) 5. Balanced inventory in the permanent collection Specific- 6. Public information and programming opportunities Selection Steps: The selection process for the on-loan program would include the following steps. 1. Current year program objectives are identified by the PAC. 2. Appropriate partners for objectives are identified by the PAC. 3. City staff, PAC and partner group create timeline, budget and assign tasks. 4. Program implementation begins. 5. Post program evaluation conducted with partner group. Funding: Various grants, in-kind donations, and donations would fund programming. See appendix for resource suggestions. 14 t ADMINISTRATION OF THE PUBLIC ART PLAN draft10/9/03 Purpose This section contains a broad blueprint for management of overall program policy as well as implementation details. The City would implement its Public Art Plan through the combined efforts of volunteer Public Art Commission members, review panelists, paid city staff and artists, contracted agencies or consultants, and in-kind donations of partner agency staff time. Until 1997, the Commons Coordinator position also included coordinating the city's arts and culture activities, providing staff support and leadership for the arts and collaboration with area arts organizations. Upon formation of the Ithaca Downtown Partnership and the coordinator's retirement, some of this office's downtown duties were transferred to the IDP and formal city staffing for the arts was lost. To fully implement the plan, committed staff time is essential over the long run. Small projects and larger ones will require similar attention to implementation details. A city staff liaison to the Public Art Commission or a contracted consultant/agency would be needed to oversee acquisition selection steps as well as manage maintenance and public information pieces of this plan. PUBLIC ART COMMISSION (PAC) The PAC advises the Common Council in exercising its authority to make decisions concerning the selection, acquisition and display of public art. The PAC's duties include the following: From the ordinance: *creation of a public art plan for approval by the Common Council *advise the Common Council about the selection and siting of acquisitions and donations * review and advise Common Council on proposals for the exhibition and display of public art in city spaces, building, facilities and infrastructure * review development proposals for decorative elements in city's public spaces * maintain the Centennial Art Commission collection *submit annual report to Common Council and Board of Public Works * report regularly to Mayor *submit minutes and membership information in accordance with city guidelines Proposed additional duty: * plan annual information/education presentation regarding the city's public art collection Membership-The Commission consists of seven voting members, five of whom are city residents. At least four members shall be professionals in the field of design, visual arts, architecture or landscape architecture. Terms are for three years. Membership shall strive to represent a diverse cross section of the visual arts field and the general community. Commission members do not receive compensation for their services as members, but may be reimbursed for reasonable and necessary expenses incurred in the performance of their duties within any available appropriations. Nonvoting members of the commission shall include a liaison from the Common Council, a member of the Department of Planning and Development, a member of the Department of Public • Works, and the Directors of the Community Arts Partnership and the Ithaca Downtown Partnership. The City Staff liaison serves as staff for the commission and as a nonvoting member. Citizens interested in becoming a commission member may submit a letter of interest to the PAC or the Mayor. 15 Administration continued draft 10/9/03 Meetings -A quorum for transaction of business consists of four voting members. Meetings shall be held at least every other month. Special meetings may be called by the Chair and City staff liaison to consider acquisition, donation, loan or site selection questions. Meetings are open to the public. Conflict of Interest- PAC members will be notified of the City's conflict of interest policy prior to each deliberation of an acquisition, donation and loan. PAC members will then declare conflicts in writing. Any conflicts or appearance of conflicts would require a PAC member to recuse themselves from the deliberations. Grounds for conflict include: direct, personal familial relationship to/with artist, art work or site; commission member stands to benefit financially from art, art work or site placement; commission member's family member spouse, domestic partner and dependent child) stand to gain or benefit from a particular project; or commission members feel there would be appearance of personal or financial benefit to them by participation in the deliberations. Conflict of interest guidelines would apply to all panels and committees involved in deliberations for sites, artist selection and artwork selection. OTHER PUBLIC ART PARTNERS Contracted Agency To conduct acquisitions, additional staffing may be needed to manage the selection, design and installation process. Consultation on maintenance and preservation may be needed. Programming assistance with community and education outreach may also be needed to fulfill art plan goals. In these circumstances, the City would contract with a qualified agency or consultant to carry out work. Acquistions and Donation Advisory Panel This is a panel of experts gathered to review artists and artist works or designs for acquisition or donations. Panelists would base decisions on technical, financial and aesthetic criteria established by the PAC. In addition, written conflict of interest forms would be on file for each panelist. Each panel member would have one vote. If consensus could not be reached by the panel, then a majority vote would carry the decision. The panel would have the option of making no recommendation if there was no design judged to be of sufficient merit. Partnership Agencies These are agencies that collaborate with the City and the PAC on public art goals by managing programs through contracts or in-kind contributions. Program partnerships will be reviewed annually with the PAC and partner organization. Examples of partner agencies include non-profit organizations such as the Community Arts Partnership, Ithaca Downtown Partnership, and the Community School of Music and Art and others. Potential partnership agency information is included in the appendices. 16 DELINEATION OF RESPONSIBILITIES WITHIN CITY DEPARTMENTS draftl0/9/03 The public art plan, objectives, sites, overall budgets and project budgets will be undertaken and implemented by the Public Art Commission and city staff in partnership with city departments and the community. Some expertise, feedback, and staff assistance from other city departments will be needed to successfully implement public art acquisitions, donations and loan programs. Common Council— Final approval of acquisitions, commissions, donations. Reviews the PAC annual report. Approves the PAC membership appointments made by the mayor. Mayor- The PAC shall recommend to the Mayor, for his/her appointment, a Chair and Vice Chair. Brings nominations for PAC membership to Common Council. Board of Public Works— Receives the PAC annual report. City Staff Liaison to the PAC—(This is a percentage of a Planning Department position, an independent position or a contracted agency.) Manages overall public art plan and staffs the PAC. Coordinates"citizen artist" program as described in maintenance section of this plan. Acts as liaison to site architects, builders, etc. City Department Expertise— Engineers, planners, neighborhood, public works, etc—These staff members assist in various stages of site review, artwork selection and design for checking on issues of maintenance, location, safety and durability. City Attorney- Prepares and reviews all public art contracts. City Department Partners— Department of Public Works maintains area around art works with guidance from city staff liaison, participates in annual joint meeting with the PAC to review goals. Planning Department— Informs and alerts the PAC to upcoming projects, neighborhood issues/needs. Information and Technology— Adds artworks to web site. Controller - Manages funding, oversees percent for art funds. Advisory Groups— The PAC communicates with these groups as needed regarding the public art plan. Commons Advisory Board, Parks Commission, Shade Tree Advisory Committee, Strategic Tourism Planning Board, Chamber of Commerce, Ithaca Downtown Partnership, Ithaca Urban Renewal Agency, Community Arts Partnership, Historic Ithaca, Cornell University, Ithaca College, Galleries and others. 17 PROPOSED COLLABORATION WITH CITY DEPARTMENTS draft10/9/03 In addition to the collaboration by city departments listed previously, further input is proposed. The following steps are recommended. • The PAC reviews the list of the city's capital projects for the year and develops lists of capital improvement projects most appropriate for public art inclusion. The PAC will consider high public visibility, accessibility and appropriateness of sites, as well as financial resources to implement the public art projects. • The PAC reviews plan objectives with the Mayor and Common Council. Acquisitions, etc. follow. PUBLIC MEETINGS The Public Art Commission will hold periodic public meetings in order to gather input on public art goals, to inform the community about public art and activities, and get input on acquisitions, donations and loaned art. All meetings of the Public Art Commission are open to the public. PROGRAM EVALUATION GOALS Annual Review: As part of the annual report, the city staff liaison and the PAC will evaluate program activities and objectives, including maintenance issues. Periodic Review: Every three years, the PAC will review and update plan objectives. Annual Report: The PAC will submit an annual report to the Mayor, Common Council and the Board of Public Works, including a description of the year's objectives and outcomes, voting action, membership, and any conflicts of interest and appeals. PARTNERSHIPS The Public Art Commission wishes to foster partnerships to achieve its public art goals and the community-oriented public art goals of other agencies. The Commission may on occasion work with other groups on a specified project. To ensure a productive partnership, the following guidelines will be considered. • Program and budget responsibilities for each group will be defined in writing before the start of a project or program. • Program timeline for each group will be agreed upon before the start of the program. • At the conclusion, partners will conduct an evaluation based on program objectives. OTHER DESIGN SERVICES - ARTIST COLLABORATIONS Beyond acquisitions, donations and loans, the Public Art Commission seeks to involve artists in a variety of ways to enhance our community's visual environment. Artists could be involved in design teams for planning buildings and other sites in our community. Engaging building designs will make our community an interesting one. The Public Art Commission also encourages private developers to incorporate public art into their development plans. The PAC can assist developers and others through access to its review and selection procedures, connection to the Community Arts Partnership slide registry and other avenues of assistance. Site-specific artwork -Artists may be selected to design artwork for private development projects. Individual works -Artists may be commissioned to create works of art, or existing works of art may be purchased for private development projects. 18 EDUCATION/PUBLIC INFORMATION PROGRAM draft 10/9/03 Purpose The Public Art Commission recognizes the importance of community outreach and public information to the success of public art. Art sometimes challenges the public. Therefore, a context for public art should be part of the effort to build understanding and appreciation. The commission should focus on outreach, or community involvement in the acquisition selection process, and on community access to regular information such as through the city's web site. The Public Art Commission should conduct education and outreach to inform the public about new artworks, existing works, public art plans and processes. This could include at minimum an annual press conference or forum highlighting the city's collection and goals or an annual Common Council presentation, or a printed brochure explaining the program. With each new acquisition, the PAC should seek an artist's statement about the work to share with the public. Information about each artwork is an important part of building public understanding and contributing to a public dialogue. Public dialogue will lead to community connections and understanding. The city's web site can be a useful tool in public information as well as connecting to cultural tourism efforts. A gallery of images of the city public art collection with location information could be included at the City's web site with links to ithacaevents.com and other tourism web sites. For historical purposes and community access to the full collection's history, each acquisition and donation should be added to a city directory including the title of work, artist statement, written description (medium, date created, dimensions, etc.), artist resume and cost. The PAC should explore educational partnerships to further goals of the public art plan, for example, connection to the Strategic Tourism Planning Board, Greater Ithaca Art Trail, shared artist and lecture programming with educational institutions, and outreach to schools. In addition, educational opportunities for staff, Common Council, and/or the PAC should be considered in order to understand trends in the public art field and to connect to technical assistance organizations and information (for example, subscription to Public Art Review, attend related conferences). Finally, public information is an important aspect in reducing vandalism. Ithaca Downtown Partnership's experience with Art in the Heart is that the first two weeks of a new program are the most vulnerable time. Through education and appropriate placement of the artwork, vandalism can be minimized. "Ideally, a public art education program begins with representation of the public educating the selection committee about this community, and participating in the design concept in ways that are appropriate to the specific project. But the sponsoring organization has a responsibility to continue to inform the public. .. The artist may "explain"and discuss his or her work with building inhabitants, community groups, politicians, and the press. The finished work may be amplified by information about the artist, a statement of artistic intent, critical comments, and pertinent technical information "place of art education.....dual function... to ensure that the commissioned art is informed by the community input and to provide access to a general audience, mitigating the distinction that separate the public from those who know and those who do not." The Tilted Arc Controversy by Harriet Senie p.87, 88, U of MN Press 2001 19 MAINTAINING THE COLLECTION draft 10/9/03 Maintenance of public artwork is essential to the success of the city's program. Therefore, maintenance policies and procedures need to be in place at the outset. The City's current policy regarding maintenance is that insurance for all art works to cover damages, vandalism, theft and fire is covered by the City's insurance policy. Damage from natural disasters and normal "wear and tear" are excluded from coverage by the City. Therefore, repairs and maintenance for normal "wear and tear" of artworks acquired by the City and put on public display shall be provided by the City at its discretion. The City has stated it will make a good faith effort to maintain artworks, pedestals and plaques in good condition. It is recommended that the City contract periodically with an art conservationist to review the collection and assess maintenance needs, and recommend a maintenance plan. When a work is installed, the artist should provide the City with detailed drawings of the installation of the artwork and with detailed instructions regarding routine and any required extraordinary maintenance of the artwork. The artist should also be asked to guarantee and maintain the artwork against all defects of material and workmanship for a period of not less than one year following installation. It is recommended that regular maintenance around the artwork be conducted by the Department of Public Works (snow removal, leaf removal). City staff liaison should communicate any special needs to the DPW. Like the City's "citizen pruner" program, the City could set up a"citizen artist" program under the auspices of the city staff liaison. As part of this program, city residents may"adopt" selected works and provide additional basic maintenance and oversight(eg. alerting City staff to problems, garbage removal, clean up from elements, etc.). The Public Art Commission should work with the City staff liaison to request an annual maintenance needs assessment. The PAC will recommend maintenance standards and should make suggestions for when works should be de-accessioned. Records of inspections and maintenance should be kept on file. The public art ordinance does not require artist agreement for repairs. However,the Public Art Commission recommends that any repairs and restorations made to the artwork within the lifetime of the artist should have mutual agreement of the City and artist, and to the extent practical, the artist should be given the opportunity to do the repairs at a reasonable fee. Emergency repairs required to ensure public safety would be exempt. De-accession De-accessioning an artwork should be an action seldom used and should not be used due to fluctuations of taste. After due consideration, the PAC may recommend and the Common Council may authorize de-accession/removal of a work. Artists should be notified of the de-accession criteria at the time of the contract and should be notified before de-accessioning, if possible. The public art ordinance in city code does not limit reasons for removal of artwork. However, the following situations are some examples where the Public Art Commission believes that relocation/removal could take place: • The artwork in its present state is a safety hazard to the public or environment. • Restoration of the work is not feasible, or the expense of such restoration would be disproportionate to the value of the work. • The architectural support system is to be destroyed and relocation is not feasible. • Over an extended period of years, the consensus of informed artistic judgment may change regarding a specific work. In such a case, the work may be removed and put in storage for a period of time. • The works acts as an encumbrance to the use of public property. 20 Maintenance program continued draft 10/9/03 • The public use of the site has changed or is proposed to change in a manner that is no longer compatible with the artwork. • Works not designed for a specific location (not site specific) may be moved if a more suitable location is found. See relocation and removal conditions listed below. • The artwork is found to be fraudulent or not authentic. • The artwork possesses substantial demonstrated faults in design or workmanship. • A written request for de-accessioning has been received from the artist. Relocation In the current contract that an artist signs, the City retains the right to move or remove an artwork. To do so, a waiver of the Visual Arts Rights Act of 1990 (VARA) and Section 14.3 of the New York State Cultural Affairs Law is included in the contract, only as to the extent such rights would preclude relocation or removal of the artwork. The artist retains the right to withdraw his/her name and then the artwork would not be represented as the artist's work. If the City elects to move the artwork to another site, the Public Art Commission recommends that the artist be given written notice within a reasonable period. Examples of possible conditions for relocation are the same as the de-accession conditions. Storage/Removal If de-accessioning has to occur, a plan for the work would also be formulated. Procedures for contacting the artist as described in the artist contract should be followed. Recommendations for this process include: • The City may decide to retain ownership of the artwork but shall remove it from the collection, thus eliminating the need to maintain and preserve the work. • The City may donate the work to an appropriate non-profit organization in the community. • The City may decide to recoup the value of the work through a sale, such as a public auction. • Work deemed to be of little inherent monetary value due to damage or defects may be declared surplus and disposed of according to the City's policy. • The artist will be given written notification of the City's disposal plan and the city will provide the artist with an opportunity to reclaim the artwork. Funding A maintenance fund could be set up through the percent for art fund or other budget categories. Donations or loaned works shall be repaired through funds from the donor. Funds to support installation and maintenance would be received from donations at time of the donation. 2l PROPOSED LOCATIONS FOR PUBLIC ART draft 10/9/03 The Public Art Commission believes that a vital public environment begins with well-designed buildings and open spaces. Public art cannot change bad design. However, public art can enhance and bring focus to a space. The Public Art Commission, in consultation with various community groups, has identified sites as potential areas for future public art commissions and donations. Criteria for prioritizing sites will include high impact in terms of viewers and high need in terms of visual enhancement. Additional sites for public art can be added by contacting the Public Art Commission. The PAC will continue to seek input from appropriate city agencies and neighborhood organizations. Sites for public projects must be public property, situated so that the art is visible and accessible to all members of the community with priority on outdoor art. The artwork must not seriously disrupt the flow of pedestrian or vehicular traffic or adversely alter the environmental conditions of the selected site. Structural and maintenance issues of the prospective artwork will be considered when selecting a site. Works should be structurally sound to ensure the safety of the community and longevity of the work. Potential areas for public art: The areas listed below are sites mentioned at outreach meetings and discussions by more than one group or individual. The sites are not listed in any priority order. Prioritization of sites will depend on funding strategies. * Seneca Garage and Cayuga Green Garage * Gateway project creek walk * Cayuga Green creek walk * Route 13 entrances on south and north sides * Route 13 corridor * Defined Gateways of Ithaca or city entrances * Cayuga Waterfront Trail, near Cass Park and elsewhere * Downtown * Commons -State Street- Rte 366 (connected plan) corridor * Parks—explore all parks, especially Cass and Stewart * All trails connection (look at existing trails -Greater Ithaca Art Trail Collaboration, Planet Walk, Discovery Trail, etc.) * All new bus shelters or renovated shelters and stops * Inlet island * Tuning fork island at bottom of State Street * Use artist designed functional pieces in areas of city (eg. artist designed benches on Commons) * All buildings, well designed with enhanced facades Other possible areas for public art: These areas were mentioned as other possible sites for public art. * Dewitt Park * Route 13 fence near Sciencenter * Cass Park near new recreation trail, visible to Rte 89 and watercrafts between the ice rink and Inlet boating * Library, inside and in front on Green Street side * State Street/Rte 79 light poles for banners from Giles Street to Commons * Route 13 Pedestrian bridge on south end * Collegetown * Collegetown triangle near Schwartz Center * Neighborhoods and neighborhood centers * draft 10/9/03 Locations continued * Southside Community Center and GIAC * Six Mile Creek * Central West End * Washington Park * University Avenue cemetery— maintenance needed * Area businesses - exhibits * Collegetown—west of parking garage (green space below Cascadilla Hall) * Mitchell—College Avenue Intersection * Rte 79 at Mitchell Street * Primary and Secondary Commons sites already approved for the Art in the Heart * Murals in Commons"Home Dairy" alley * Youth Bureau Building * Purity Triangle * Northside Neighborhood plan ideas(NYSEG chain link fence, Franklin Street, First Street, bus shelters, Third Street pedestrian bridge, replaced Cascadilla Creek Bridge, cover/improve DPW storage yard, input on P&C and Third Street cooridor, Use of murals for youth activities * Unusual/unexpected spaces (hole in bricks on Commons) City gateways: The Planning Department has already identified the various gateways listed below. These spaces could be considered for public art sites. * Northern Gateway—Visitor's Center, Youth Bureau, Stewart Park Area * Southern Gateway—Aurora Street bridge, Plaza area northwest of bridge near Aurora Street bus shelter * Eastern Gateway—tuning fork at base of State Street * Western Gateway—also referred to as"Pete's Triangle" * Inlet Island Gateways— Look out point and Inlet Island Promenade * Other Gateways— Ithaca Falls"Park" - Purity Triangle "....The question should be: which spaces are best suited to accommodate public art. I would begin by setting specific criteria: Large outdoor spaces with visual corridors linking to pedestrian and vehicular routes and a minimum footprint of 400 square feet. Sites should accommodate sculpture that is at a minimum human scale, ideally monumental. Sites should be without visual clutter within the footprint area. i.e.: no light poles. trash cans, etc. that block the view of the work or compete with it visually within this zone.... Exceptions would be site specific work placed by the artist that takes into consideration existing elements. Sites should be dispersed yet linked by corridors of public travel or at gateway points to the downtown. Sites should not be associated solely with commercial areas (unless financed by those businesses) but should primarily serve public areas used for recreation, social gathering, public transport or public education. Sites should have fairly high traffic volume to warrant expenditure, but increasing the scale of the work and field of visual access will also increase the volume of viewer interactions. Sites should be permanently free from conflict of use. Example of conflicted areas are the Commons with its multiple festivals, areas near sometimes full parking lots, areas that serve as winter snow banks, areas that contain extensive utilities underground, favored skateboard areas, etc....." - Rob Licht, sculptor BUDGET draft 10/9/03 Listed in this section are many of the expense categories to consider for full implementation of this public art plan. If a percent for art funding mechanism is used, there would be separate budgets for each project, excluding staff time dedicated to overseeing the plan. General Categories City staff liaison Planning Department support Department of Public Works assistance Public Art Commission support Supplies Copying Postage In kind Staff support City Attorney Information and Technology In kind Staff support from Partner agencies Future Budget Considerations* For acquisition/donations Acquisitions- Selection costs Call for proposals Community input process Selection panel costs Artist design phase costs Site usage study Installation Contingency costs Signage Insurance Public Information Maintenance costs/endowment In Kind Support City staff review of design Site review Contract review Future Budget Considerations* For on-loan program: Program start up costs Publicity Education programming Installation Insurance Maintenance Shipping In kind Support Maintenance City staff review of design Site review Contract review 24 Budget notes continued draft 10/9/03 `General budget allocation guidelines have been established in public art programs across the country. For a commissioned project, the suggested recommendation is to establish an administrative budget of 15—20% of project funds and an artwork budget of 80—85% of project funds. Costs usually considered under each area are listed below. Administrative funds—staffing, overhead, public relations and information, community outreach, art dedication and maintenance Artwork funds— Design phase to include the design fee, research, travel, engineering and construction documents and proposal fee. Fabrication/Installation to include artist travel, materials, studio overhead, subcontractors, fabricators, installers, site preparation, insurance and bonding. A contingency of 10% is recommended within the fabrication/installation costs. 25 PROPOSED PLAN OBJECTIVES draft 10/9/03 2003 Goal: To build a foundation for the implementation of the public art plan Objectives Who 1. Public art plan draft adopted by Common Council Commission/Consultant 2. Existing city collection is catalogued (almost completed) Planning Department 3. Slides of existing collection are taken and added to catalog Planning Department 4. Subscribe to Public Art Review(completed) Commission 2004 Goal: To continue to build a foundation for the implementation of the public art plan Objectives Who 1. Staff liaison identified* Council/Planning Dept. /Commission 2. Conduct maintenance assessment for existing collection Commission/staff liaison 3. Add existing city collection to web site in a gallery of Staff liaison/ images with location information Info and Tech Dept 4. Update artist slide registry to include public artists Staff liaison/ with background files Commission/CAP 5. Review public art project possibilities Commission/ and send letters to departments/developers Staff liaison 6. Examine existing siting of city's public art collection Commission/ to discuss ideal siting of the artwork. Make Staff liaison/DPW recommendations for any improvements. 7. Explore transfer of Art in the Heart Project from IDP Commission/ to the city as proposed by IDP IDP/Staff liaison 2005 Goal: To set up framework for first acquisition and continue building the foundation for implementation of the public art plan Objectives Who 1. Funding method mechanism drafted, reviewed and adopted Commission/staff liaison 2. Create advisory panel file by collecting names Staff liaison/ and background information to be used for potential Commission advisory jury (Tompkins County and outside of the county) 3. To plan rotating exhibit of existing public art collection Staff liaison including city chambers 2006 Goal: To implement a public art education program and consider partnership ideas Objectives Who 1. Explore partnership programming ideas (for example, Staff liaison/ IDP partnership to display art in businesses, or Commission/ collaboration with Light in Winter Festival or Art Trail or Partners Discovery Trail, etc.) See ideas lists for possibilities. 2. Host public information event and/or brochure about Commission/ city public art collection Partners 3. Seek outside funding for artist presentation Staff liaison 2007 Goal: To implement first acquisition Objectives Who 1. Prepare for first commission by defining project parameters Staff liaison/ 26 Plan objectives continued draft 10/9/03 Commission 2. Finalize site selection and artist selection details for project Staff liaison/ Commission 3. First acquisition installed Staff liaison/DPW/artist 4. Public information and education about acquisition Staff liaison/artist conducted Commission 2008 Goal: Review public art plan progress Objective Who 1. Review public art plan, update, and evaluate Commission 2. Undertake public art activity as opportunities are presented Commission/Staff liaison 3. Define objectives to attract art donations Commission/Staff liaison 4. Define objectives to expand loaned art opportunities Commission/Staff liaison/Partners *Staff liaison is defined as a city staff person with time designated to conduct public art plan objectives. 27 PUBLIC ART IDEAS draft 10/9/03 In discussions with commission members and various community groups, many ideas for public art activities were gathered. These ideas will be explored, prioritized and added to as resources are identified. Ideas List: Use of commission process to commission functional pieces (lamps, benches, etc.) Contemporary art museum downtown Saltonstall travelling exhibit of past artists City as gallery—use businesses as galleries on an ongoing basis Look at connection to history and include those notions in art projects Improve plan for presenting works in public buildings Create an educational partnership with schools, ask students to view art and give feedback and talk with artists, use advanced student artists to contribute works to an appropriate public venue Make sure our buildings are architecturally interesting, too Public art should serve as a focal point for neighborhoods, celebrating the artistic, historic and cultural heritage of our community Make consideration of what spaces can accommodate public art—no visual clutter, enough space for human scale or monumental scale works Mural arts project, both temporary and permanent Explore alternative art venues such as sidewalk or fountain mosaics Consider revised Ithaca Downtown Partnership 2000-2010 Downtown Development Strategy when it is developed Support sculpture art program in downtown, permanent and public Look at supporting art in private spaces, eg. doctor's offices Improve siting for art with lighting, placement, items in area surrounding it Work with public, kids Cultural Foundation—explore one Invite speakers from other communities that have successful public art models Share examples, pictures of great public art Connect with Discovery Trail and other trails Expand to county, build partnerships throughout county Explore cultural zone program of NY State 2g Public art ideas continued draft 10/9/03 Poetry, art on buses Use artist to design bus shelters and connect designs of shelters Have fund for community initiated public art projects Art teacher of year—celebrate connection to education Allied artist award -apprenticeship experience in order to make transition to field of public art Focus on artist collaborations, eg. barn projects More temporary installations -do one with group of artists -fund one connected with existing community celebrations, such as Ithaca Festival Have an artist"seed"funding - mini grants for artists to develop a bank of ideas Do art windows project-artists do installations in windows or display video works there Do a sculpture walk or art walk of temporary works Include sound and video installations in your public art program Revitalize Design Review Board (use artists, architects, landscape, planners) Look at including artists in community projects Improve existing art- look at art in context, use lighting Look at unusual sites- hole in bricks on Commons, example Some sites-downtown, route 13, malls Bus stop program Public relations as key Competitions would be a good thing A commission for the gateways of Ithaca Look at connection to Waterfront Trail Foster partnerships with existing programs—Art in Heart, Greater Ithaca Art Trail, Ithaca Festival, Gallery Night, etc. Connect to tourism efforts Expand education efforts Create a printed brochure about the program and explain and celebrate it(look at Syracuse U's) Go to communities with successful public art programs and see what is possible Have public art that kids/people can touch and/or play around 39 CITY OF ITHACA ARTIST POLICY draft 10/9/03 The Public Art Commission wants to create a climate where artists thrive and receive the economic benefits of and recognition for their work. For these reasons, artists participating in the public art commissions and acquisitions will retain control over the artistic integrity of their artwork and receive equitable compensation for their work. The Public Art Commission strives to ensure the following rights to artists, which would be included in commission contracts. The following is adapted from policy in Huntington, NY and is proposed for Ithaca. • Right to retain work in situ (for site specific acquisitions): The city requires absolute discretion regarding relocation and removal. However, the Public Art Commission proposes that the intent for site-specific commissions is that artwork would not be moved or removed unless the site is destroyed, the artwork is damaged beyond reasonable repair or restoration, the use of the space changes significantly, public safety becomes an issue, and other situations listed under the de- accession/relocation section of this plan become pertinent. Site-specific artwork refers to art that is integral to the total design of a site/place/building and has been integrated as part of a multi- disciplinary design team approach, often including the community. Herein, the artist works with the project team for the design or renovation of a project site. Temporary removal may be done to complete repairs to the artwork or the site. Overall, though, under the public art guidelines adopted by Common Council, acquisition and donations of public art are to be free of restrictions unless the Council agrees specifically to named conditions. • Right to disclaim authorship: The City will not intentionally alter, modify, or destroy an artwork unless conditions of the de-accessioning/relocation procedures apply. However, if an artwork is significantly altered, modified or destroyed, the artist has the right to disclaim authorship of the artwork. Should an artist choose to exercise this right, the City shall review plaques or labels after receiving written notification by the artist. • Right to maintain work: The City commits to periodic inspection of the artworks in the city collection and to making reasonable efforts to ensure that each artwork is maintained in accordance with the maintenance program guidelines. • Right to consultation about repairs: The current public art ordinance states that the maintenance and alteration of an artwork would be done in consultation with the artist whenever feasible. The Commission recommends making a reasonable effort to notify the artist before undertaking repairs and restorations to the artwork and, where practical, consulting with the artist about the repairs or restorations at a reasonable fee. The City reserves the right to make minor and/or emergency repairs without prior notification. • Retention of copyright: The artist shall retain all copyrights associated with artworks acquired by the City. The City agrees that it will not copy or reproduce artwork without written permission of artist. However, the City will secure in its artist contracts the right to make and reproduce photographs or other two dimensional representations of the artwork for public, non-commercial uses, such as catalogues, brochures, web site directory, and other educational or public relations purposes. Non-commercial purpose refers to information shared for the general welfare or benefit of the community. Any commercial uses, such as images on souvenirs or other items intended for sale, shall require prior written permission by artist. All printed material and reproductions will contain a credit to the artist listing the title of the artwork and the artist name. 30 APPENDICES draft 10/9/03 A. City Code — Public Art B. City Artwork Directory C. Acquisitions Steps D. Donations Steps E. Appeals Process F. Discussion of Selection Criteria G. Funding Methods H. Funding Sources I. Public Art Plan Key Informants J. VARA Visual Artists Rights Act K. Contracts L. Potential Public Art Partners M. Ithaca Downtown Partnership: Plan for Downtown N. Public Art Resources and Information O. Sample Ordinances P. Public Art Commission Members 2002-03 3! APPENDIX A draft 10/9/03 CITY CODE - PUBLIC ART Chapter 5,PUBLIC ART COMMISSION [HISTORY: Adopted by the Common Council of the City of Ithaca 5-5-1999 by Ord.No. 99-4;amended in its entirety 11-6-2002 by Ord.No.2002-6. Subsequent amendments noted where applicable.] §5-1. Creation. The Common Council of the City of Ithaca hereby creates a commission that shall be known as the " Public Art Commission," hereinafter referred to as "the Commission."The Commission is formed to advise Common Council, in exercising its authority pursuant to §C-35 (General legislative powers),to make decisions concerning the selection,acquisition, and display of public art. §5-2. Purpose and duties. The purposes and duties of the Commission shall be as follows: A. To create a public art plan for Common Council to adopt and to advise the Common Council about mechanisms for implementation of a public art program to enrich the visual and aesthetic environment of public, private and semipublic spaces within the City of Ithaca. B. To initiate and develop proposals,to receive recommendations and to solicit contributions for additions to the existing collection of art in public places. C. To develop criteria and guidelines for approval by Common Council for the selection,acquisition, exhibition and display of new works of art,either temporary(on loan)or permanent. The criteria and guidelines shall relate to,but are not limited to, economic feasibility,maintenance,security and aesthetics. Acquisition of art includes either the purchase of art by the City or the acceptance of a donation of art to the City. D. To advise the Common Council about the selection of acquisitions and donations of public art that meet the selection criteria and guidelines and to determine whether to accept unsolicited donations of art and where they may be located. E. To review and advise Common Council on all proposals for the exhibition and display of public art in the City's public spaces, in public buildings, and public facilities and infrastructure. F. Appropriate locations and elements of the environment that the Commission will consider or promote for the placement of public art may include but will not be limited to: (1)Outdoor public spaces. (2)Publicly owned buildings, interior and exterior. (3)Privately owned outdoor public space. with the agreement of the owner. (4)Privately owned semipublic interior spaces, with the agreement of the owner. (5)Public works projects. e.g., parking facilities, bridge improvements and lighting, acting in cooperation with other City departments. G. To review proposals for decorative elements in the City's public spaces, e.g. banners and fountains. The Commission shall provide advice on the location and aesthetics of these items. H. To replace and take over the responsibilities of the Centennial Arts Commission and as such to oversee the maintenance of the Centennial art collection: find appropriate public places for the display of this collection:and,where appropriate, see that the works are appropriately displayed in places with adequate security and see that the works are marked with plaques containing the title of the work, the artist and, 32 City code continued appendix A where appropriate, a notation that the work was a part of the Centennial collection developed during the City's centennial year of 1988. I. To submit an annual report to the Common Council and to the Board of Public Works and to report on a regular basis to the Mayor. §5-3. Membership. A. The Commission shall consist of seven members, all of whom shall be voting members, appointed by the Mayor subject to the approval of the Common Council. Of the seven members, at least five shall be residents of the City of Ithaca. At least four members of the Commission shall be professionals from the field of design,visual arts,architecture or landscape architecture. B. Nonvoting members of the Commission shall include a liaison from the Common Council,a member of the Department of Planning and Development, a member of the Department of Public Works,and the Directors of the Community Arts Partnership and the Ithaca Downtown Partnership(or their successors). The Mayor may make other nonvoting appointments as deemed necessary and appropriate. § 5-4.Terms of office; vacancies. A. The seven members shall be appointed for terms of three years,except that the terms of the first Commission members shall be for such lesser periods of time as to provide appropriate staggered rotation and continuity. B. Vacancies on the Commission shall be filled in the same manner as the original appointment,except that a vacancy occurring other than by expiration of term of office shall be filled only for the remainder of the unexpired term. §5-5. Officers. The Commission shall have a Chairperson and a Vice Chairperson, who shall be appointed by the Mayor. §5-6. Compensation of members. The members of the Commission shall receive no compensation for their services as members thereof but may be reimbursed for reasonable and necessary expenses incurred in the performance of their duties within the appropriations made available therefor. §5-7. Meetings. A. A quorum for the transaction of business shall consist of four members of the Commission. B. The Commission shall meet at least every other month. C. The Commission shall adopt rules and procedures for its meetings. It shall keep accurate records of its meetings and activities and shall file an annual report as provided in § 5-2 of this chapter. Public Art Guidelines [Adopted by the Common Council of the City of Ithaca 11-6-2002 by Ord. No. 02-06. Amendments noted where applicable.] A. General authority. 1. Definition. Works of art or art work- All forms of original creations of visual art which may be portable as well as permanent;to include but not limited to: a. Paintings of all media, including both portable and permanently affixed works such as frescoes and murals; 33 City code continued appendix A b. Sculpture of any form and in any material or combination of materials; to include statues, monuments, fountains,arches,or other structures intended for ornamentation or commemoration. Also included are reliefs,mobiles, kinetic,electronic and neon, sculptures; c. Other works of visual art, such as inscriptions, stained glass, fiber works,carvings, mosaics. photographs, drawings, collages,textile works, and prints. Also included are crafts, both decorative and utilitarian, in clay, fiber,wood, metal, glass, stone, plastic and other materials; d. Artist-designed landscapes and earthworks, including the artistic placement of natural materials or other functional art objects. 2. Among its other duties, the Public Art Commission, hereinafter referred to as "the Commission," is authorized by Common Council to: a. Review proposals for the acquisition of public art on behalf of the City; b. Plan for the siting of all public art; c. Accept on-loan art work for display; 3. Common Council shall have the authority to acquire art work for City ownership pursuant to its general authority to acquire property and materials by and for the City. 4. The City shall be subject to these guidelines if it wishes to purchase art work and/or display art work on City property. 5. These guidelines shall not supersede the authority of Common Council. B.Acquisitions-General. 1. Acquisitions shall include art work that is either purchased by the City, donated to the City. or on loan to the City. 2. Acquisitions of public art shall be free of restrictive conditions by the Artist or Donor unless, in the discretion of the Commission, with the concurrence of Common Council,such conditions are reasonable and not detrimental to the City. The location of pieces will be the responsibility and right of the City. 3. All acquisitions of art work must be accompanied by the following statement: The Donor or the Artist, in cases where an Artist loans or makes a donation, or a piece is purchased by the City, represents and warrants to the City of Ithaca,New York.that it intends to loan or donate(as the case may be)the art work to the City. The Donor or Artist also represents that sihe has not entered into any agreement that may impair this Agreement. The City recognizes and respects artists'rights as set forth in the Visual Arts Rights Act of 1990(VARA)and Section 14.03 of the New York State Arts and Cultural Affairs Law, including, but not limited to, the right to claim authorship, the right to not have his/her name used on any work not created by the artist, and the right not to have his/her work intentionally distorted. mutilated or modified so as to prejudice the artist's reputation. However,the City expressly reserves the right, in its sole discretion,to relocate or remove from display visual art, and an artist shall sign a waiver to allow such relocation or removal. 4. There are no absolute criteria for the acquisition of works of art, except for the following general tenets: a. Outdoor works of art must be deemed safe and durable for public display and be able to withstand weather conditions. Pieces should also be free of sharp or protruding edges or be able to be sited in a manner that minimizes the possibility of injury. 34 M City code continued appendix A b. Pieces should be suitable for unrestricted public viewing. Art located in a public setting does not require a ticket or necessitate a decision to choose to view. Therefore, the art should be suitable for all audiences. c. The Commission shall strive toward a goal of representing a broad variety of tastes within the community and the provision of a balanced inventory of art in public places to ensure a variety of styles and design throughout the community that will also be representative of the eclectic tastes of the community. • 5. Siting. a. The siting and location of all public art work will be the responsibility and right of the City. b. Until such time as the Commission can prepare comprehensive plans for specific areas of the City, decisions on siting will be made by appropriate City Planning and/or Public Works Department staff in consultation with the Commission and with consideration of recommendations from the Commission.Once the Commission prepares comprehensive plans for the siting of art,then location decisions will reside with the Commission. c. Proposals for the siting of public art acquisitions shall also be reviewed by other City boards and commissions which have potential interest in the siting of art work. This may include, but is not limited to: the Parks Commission,the Commons Advisory Board,the Shade Tree Advisory Committee,and the Board of Public Works. Review of proposals by other boards and commissions shall be confined to issues that do not include aesthetics. (Appropriate review includes items such as maintenance, safety,and location.) d. Public art shall be identified with suitably designed and sized plaques approved by the Commission. Plaques for donated art work or oh-loan art work(as discussed below)can include the name of the piece and the donor but shall not include any advertising. 6. Installation,maintenance, alteration, refinishing, moving,and removal of art in public places shall be done in consultation with the artist whenever feasible. 7. Art work acquired by the City shall be insured by the City's insurance to cover damage, vandalism,theft, and fire. Damage from natural disasters and normal wear and tear are excluded from coverage by the City. Therefore, repairs and maintenance for normal wear and tear of pieces acquired by the City and put on public display shall be provided by the City at its discretion. "Wear and tear" includes such things as normal aging or exposure to the elements, or similar circumstances(e.g., rust, cracks, fading). The City shall make a good faith effort to maintain the art work. pedestal, and plaque in good condition, on par with other art works on public display owned by the City. C. Donations. I. In addition to the guidelines set forth below in this Section C,the guidelines in Sections A and B above shall apply to donations. 2. All costs for installation shall be negotiated by the City's designee and the donor at the time of donation. 3. Should the City choose to remove a piece of art work from public display for a period of at least one year. the City shall make a good faith effort to attempt one of the following actions: (1)to necotiate with the donor an extended period of time for the piece to remain out of public displa}: or(2)to offer to return the piece. at donor expense, to the donor. If the original donor cannot be contacted after reasonable efforts or chooses not to accept the return of the piece. the City reserves the right to sell or convey the piece. 35 City code continued appendix A 4. If an art piece is damaged, it may be repaired at the donor's expense. The City also reserves the right to repair the piece,at its own discretion. If a piece is not repaired and is subsequently removed from public display,the provisions in Section C.3 apply. D. On-Loan Items. 1. On-loan public art is defined as art that is not owned by the City. 2. In addition to the guidelines set forth below in this Section D,the guidelines in Sections A and B above shall apply to public art on loan to the City,which is displayed by the City or on City property. 3. The City will assume the costs of pedestals and plaques. 4. On-loan art work shall be insured by the City's insurance to cover damage,vandalism,theft,and fire. Damage from natural disasters and normal wear and tear are excluded from coverage by the City. Therefore,repairs and maintenance for normal wear and tear of on-loan art work put on public display shall be provided by the loan or, or by the City at its discretion. "Wear and tear" includes such things as normal aging or exposure to the elements,or similar circumstances(e.g., rust, cracks,fading).The City shall make a good-faith effort to maintain the art work,pedestal, and plaque in good condition,on par with other art works on public display owned by the City. 36 APPENDIX B draft 10/9/03 CITY ARTWORK DIRECTORY Listed below are artworks that are part of the City of Ithaca's holdings. The information included includes the title, artist, medium and location. Centennial Collection 1. The Swimming Pool"; Joy Adams; oil on spackle board; City Attorney's office at 108 E. Green Street; part of Centennial Commission collection 1989 2. Untitled; Jim Powers and Glenn Miller; photographic collage; second floor hallway at 108 E. Green St; part of Centennial Commission collection 1989 3. "Give Me Your Scraps"; Mary Milne; fabric collage; third floor hallway at 108 E. Green Street; part of Centennial Commission collection 1989 4. "Blue Cypress 1"; Laurel Hecht; 20x20 poly chrome landscape, 1985; third floor office at 108 E. Green Street, part of Centennial Commission collection 1989 5. Unknown; Linda Tsang; paint; Planning Department office, third floor, at 108 E. Green Street; part of Centennial Collection 1989 6. "Trees With Shadows II"; Laurel Hecht; paint; Planning Department office, third floor, at 108 E. Green Street; part of Centennial Collection 1989 7. "The First Hundred Years Are The Hardest"; Liese Bronfenbrenner; fabric collage; storage; part of Centennial Collection 1989 8. "Kevin's First No-Hitter"; Margaret Larsen; reproduction of an original pencil drawing; storage at Ithaca Youth Bureau, 1 James Gibbs Dr.; donated during Centennial Art in Park show 1989 9. "Fishermen in Cascadilla Creek"; Muli Tang; oil on canvas; part of Centennial Commission collection, in storage, second floor of City Hall, 108 E. Green St., 1989 10. "Stripes"; Kumi Korf; mixed media with handmade paper; City Courthouse second floor office atrium; part of Centennial Collection 1989 11. "Spring Green, Cayuga"; Daphne Sola; serigraph; fourth floor hallway at 108 E. Green Street; part of the Centennial Collection 1989 12. "Dreams of the Diamond II"; Mary Shelley; low relief wood painted with acrylics; part of Centennial Collection 1989 13. "Scarf and Color Tubes"; Gregory Page; limited edition print; part of Centennial Collection 1989 14. "Sunset Ithaca"; Beverly Livesay; photograph; part of Centennial Collection 1989 15. "It Came From Cayuga Lake, 1988"; Chester Hall Salustri; ceramic stoneware; part of Centennial Collection 1989 16. "Undercurrents"; Renate Ferro; collograph; second floor hallway of 108 E. Green St.; part of Centennial Collection 1989 Other artworks collected 17. "City Hall"; Stein; paint; first floor entrance at 108 E. Green Street; donated by New York State Electric and Gas (NYSEG) 1988 18. "We The People"; Dan Burgevin; oil on canvas; third floor hallway at 108 E. Green Street; donated by artist during Centennial celebration 1988 19. "NY Bicentennial of the Constitution"; Mary Shelley; paint on wood; Seneca Street Parking Garage on Tioga Street, 1989 20. "Toxic Pollack"; Kay Walkingstick's Advanced Painting Class; oil on canvas; second floor conference room at 108 E. Green Street; donation by class in 1990 21. Untitled; Gail Scott White; brick and steel rails in pavement; Commons, 1993 22. Art Underfoot; Bill Benson and Jon Meigs; plaques on the Commons pavement and metal gate marker Bank Alley electrical box, 1993-1994 23. Sagan Planet walk stations; Erin Caruth; metal, plexiglass, masonry; various city locations; partnership with Sciencenter and the City of Ithaca 1999 37 24. Untitled Ceramic Murals; Tim Merrick, artist, and Linda Blossom, ceramicist; ceramic tiles; Route 89 bridge; part of bridge redesign competition—joint Department of Transportation and city project 1999 25. "Silent City"; John Snyder; metal; Route 96 bridge; part of bridge redesign competition— joint Department of Transportation and city project 1999 26. "Merge"; Ethan Stern; steel; Commons Center pavilion, west side; donation 2001 27. "Song of Innocence"; Christi L. Harrington; bronze sculpture; Commons, donated by Sciarabba Walker Co. 2002 28. "Businessman in Touch with Nature", Cherry Rahn; bronze sculpture; Commons; donated by NYSEG after the Art in the Heart Program administered by the Ithaca Downtown Partnership 2003 29. "Unknown" (fire bell); artist unknown; metal; Dewitt Park near Cayuga Street Some other art activity done by students and staff/not a part of the formal collection 30. Mural; artist unknown; paint; GIAC inside; first done in mid 1980s, retouched mid 1990s 31. Mural; John Ewing and Carlos Rodrigez; paint; Greater Ithaca Activities Center(GIAC) and Youth Employment Service student works; maintenance building on N. Plain St., 1989/1990 32. Untitled Mural; local teens; paint on masonry wall; Ithaca Youth Bureau 33. Untitled Sign; Dan Burgevin and teens; paint on wood; Ithaca Youth Bureau 34. Mural; Cass Benson, staff member of Cass Park; paint; Cass Park near end of ice rink, 1997 35. Mural; Tim Wood and other Cass Park staff members; paint; old filter building at Cass Park 1999 36. Mural; Michael Meier, staff member of Cass Park; paint; Cass Park pool filter building, 2001 37. Murals; Carlos Rodrigez; paint; GIAC on Albany Street side of building; GIAC funded, 2000 38. Mural; graffiti artists and youth; paint; GIAC on court side of building facing playground, 2001 39. Mural; graffiti artists and youth; paint; GIAC run project located on Cherry Street, 2001 40. Untitled Bridge Sculpture; Roberto Bertoia's Cornell University sculpture class; metal; Neptune Bridge, 2002 38 APPENDIX C ACQUISITION SELECTION STEPS draft 10/9/03 Selection Steps: The selection process for acquisitions/commissions would include the following selection steps. Refer to the criteria listed earlier in this report. Site Selection Steps 1. Priority sites are selected through a Public Art Commission (PAC) process and approved by Common Council. 2. Once a site is identified, city staff, the PAC, Planning Department, Department of Public Works, and site liaisons conduct initial site usage study to determine project parameters (budget, timeline, site considerations, potential locations). 3. Public is notified of public art project site. Comments encouraged. Artist Selection Steps Selection of the appropriate artist is one of the single most important steps in the acquisition process. Generally, artists selected would have a record of working with public art projects and experience with the scale and elements required by a particular site and commission. The Artist Selection and Commission Design steps listed here will vary depending on the method of artist selection used. The more lengthy process is described here, including first artist selection, then community input and design phase with the chosen artist, then design approval. This longer process includes all the ideal outreach steps in an acquisition selection process. A shorter process such as a direct invitation to an artist, could be used depending on the circumstances of the acquisition. 1. The PAC defines the most appropriate method of artist selection (open competition, limited invitational process, direct invitation or blind competition). 2. The PAC defines project parameters to be used in artist selection and city staff drafts call for artists (budget size, site area, project objectives, etc.). 3. City staff and the PAC set up Acquisition Advisory Panel. The panel would include some PAC members, visual arts experts, architects, and other professionals. Representatives from the site/community user group and outside of Tompkins County may be included. The PAC could choose to constitute itself as the panel. Or, the Advisory Panel could be merged into the PAC with the technical experts of the Advisory Panel and the PAC working together to review artists and proposals. A different panel could be convened for different projects. 4. City staff and the PAC receive and review artist submissions to determine if submissions fulfill requirements of acquisition. 5. The PAC and city staff prepares Advisory Panel by giving them written instructions outlining duties, selection review criteria, review process steps and project parameters. 6. City staff sets ups panel review time and administers process. The Advisory panel conducts review and selects two or three semi-finalists from the group of eligible artists. 7. Semi-finalists are invited to present examples of their work at a public meeting. Slides/photos are displayed and written comments from public invited during a week's period. (Artists are offered travel and per diem if artists do presentations to the public.) 8. The PAC considers community input, panel input and makes artist recommendation to Common Council. Common Council votes on artist acceptance. (Denial by Common Council requires beginning artist selection process again.) 39 Appendix C—Acquisition Selection Steps continued draft 10/9/03 Commission Design Steps 1. If artist is approved, the PAC and city staff works with artist on design phase (community input gathering, site refinement, timeline, final budget, and contract). 2. Artist signs contract and VARA waiver. 3. Should the work scope warrant it, an outside agency is engaged to carry forward the next phases of the commission design process, mainly the community input gathering phase. 4. City staff or contracted outside agency conducts plan for gathering community input and summarizes site usage information. (Community processing like a charrette is referenced in the appendix.) 5. Artist works with community and receives input as well as site usage information. 6. Advisory Panel is reconvened for review of artist designs. (Panel receives written instructions in advance, detailing criteria and community input.) Panel makes recommendation. 7. Recommended design is checked with city engineers and other city department advisors. 8. The PAC presents approved design to community for review and comment. After one week, comment period is closed. Appeals process is opened. 9. Finalized design is presented to Common Council and submitted for approval. 10. Fabrication and construction phase begins, monitored by city staff or contracted agency, with updates to PAC. Installation Steps 1. Commissioned work is installed. Plaques and insurance arranged by city staff or contracted agency. 2. Community celebration is hosted through the PAC. 3. Follow up public information programs held. Work is added to city web site, art map, and art directory. 4. Post process evaluations conducted by the PAC and city staff. 5. Yearly maintenance inspection and record kept by city staff and followed up by DPW or designee. 6. Every five years— maintenance check by professional restorer/curator. Various Methods of Artist Selection It is recommended that artists invited to submit proposals are offered an honorarium for the creation of their proposal. An honorarium would not be used in a request for proposals situation. • Open Request for Qualifications -Artists submit proposals in response to a public advertisement. Detailed information describing the project and how to apply are distributed. Artists usually submit a package that includes a resume and slides of their work. The selection committee then reviews proposals and recommends an artist or artists for acquisitions or requests more detailed information from selected artists, perhaps even an interview. • Limited Invitational Process/Curated Pool of Artists -The PAC recommends a limited number of artists based on an interview or review of work. This short list or curated pool of artists are invited to apply. The artists then develop a site-specific proposal for a particular project. The artists are given an honorarium and all the necessary information, as in the open request, as well as the opportunity to present a model and proposal to the committee. This process is used when the project schedule does not allow for an open call or when a specific set of skills is required. • Direct Invitation - In this process, one artist is invited by the PAC to submit a proposal or participate in community design process. This situation is used when a majority of commission members feel the artist is particularly well qualified for a project. 40 Appendix C -Acquisition Selection Steps continued draft 10/9/03 • Blind Request for Proposals (RFP) -A detailed package of information including site plans and design guidelines is issued. Artists design proposals based on the RFP guidelines. Each proposal is given an identification number used during the review process. One advantage to blind competition is that the process allows an even playing field. This process is most often used when there is a high profile project and large budget to support the process. 4I APPENDIX D draft 10/9/03 DONATION STEPS The selection steps for donations would include the following selection steps. Selection criteria to be used is listed earlier in this report. Selection Steps: The process described below and the use of the above criteria are guidelines that will help ensure that the art accepted by the City is of the highest quality, enhances public spaces and is well served by the City's ability to maintain the work. 1. Donor submits letter regarding art donation to the Director of the City's Department of Planning and Development or the PAC city staff liaison. 2. Information regarding the artwork is gathered (description, photo/slides, artist information, siting requirements, etc.) and submitted to the PAC. 3. Information regarding the review process and criteria is shared with donor by city staff liaison. 4. Donation is reviewed by city engineer and other departments for safety and durability. 5. City staff liaison schedules review of donation by the PAC or Advisory Panel (PAC Chairperson, PAC member, artists familiar with work in affected medium, community member from site, visual arts experts, etc). 6. Donation is reviewed and recommendation is made to the PAC and Common Council. 7. Common Council accepts or declines donation, donor notified in writing by city staff liaison. 8. There is public notification of donation and appeals process starts/ends (appeals described in appendix e). 9. Upon acceptance by Common Council, the PAC notifies donor of accession and donor contract is signed. 10. Donation is installed. Plaques and insurance arranged. 11. Press releases, announcements made. 12. Education programming and follow up planned by city staff liaison. Work is added to web site, art map and directory. 13. Yearly maintenance inspection and record done by city staff liaison and DPW. 14. Every five years— possible maintenance check by professional restorer/curator. 47 APPENDIX E draft 10/9/03 APPEALS PROCESS The Public Art Commission recommends an appeals step as part of the public art acquisition process. The intention is to ensure that public art process and criteria are followed. Therefore, appeals would be based on process issues only. Information about the appeal and selection procedures will be shared with the public at the start of each acquisition process in order to promote understanding of the public art program and to ensure an open process. In addition, should it be necessary, Public Art Commission and Common Council decisions may be appealed in writing based on the following criteria. • Appeals should be based on process issues only, including: 1) the decision was based on something other than the established review criteria; 2) the required information or other pertinent supporting material was not used during the review process; 3) conflict 9f interest procedures were not followed. Appeals should bed ec-the-appellaRthas first consult with the Public Art Commission to review the considerations that went into the acquisition or donation process. cks-c-4` Appeals should"be submitted to the Mayor in writing within two weeks of written notification or public announcement of the selection, acquisition or donation. • Upon receipt of the appeal letter, the Mayor and the PAC Chair will meet within two weeks with the appellant to hear their grounds for reconsideration. The Mayor has the authority to determine whether or not there are grounds for reconsideration based on the appeal criteria C� listed above. If there are grounds, the PAC or advisory panel will review the prteeess-a d decision. After the reconsideration, a;letter will be sent to the appellant. • Notice of appeals will be shared with the Common Council. • All appeals will be reported in the annual report. Because this is a city program, only city residents could submit appeals. 43 APPENDIX F draft 10/9/03 DISCUSSION OF SELECTION CRITERIA The selection of the artist and artwork in the acquisition, donation and loan programs is based on established review criteria as described in the acquisition, donation and loan sections of this plan. Further(though not all inclusive) discussion of the intent of the selection criteria is listed below. Acquisition Process 1. Artistic merit and quality of work: This criteria is the most important review criteria. This criteria refers to inherent quality of the artwork in terms of timelessness of its vision, design, aesthetics, and excellence. Acquisitions will strive to include artworks of the highest quality. Artists will be selected on the basis of their qualifications as demonstrated by their past work. The merit of an artwork would be substantiated by past history of exhibitions or sales, awards or other recognition, or an outstanding first work. Selection of the artist will be made without regard to race, gender, religion or sexual orientation. 2. Safety and durability of work: This refers to the artwork and its ability to withstand Ithaca weather conditions, as well as structural and surface integrity. Consideration should be given to its permanence and protection against theft and vandalism. Artwork should be examined for unsafe conditions or factors that may bear on public safety and liability. 3. Unrestricted public viewing of work: This refers to public access and suitability. Will the public have free access to the artwork? Outdoor art would be the most accessible. Consideration also should be given to the fact that public art is a genre that is created in the public context and will embrace other factors such as public participation, social and political attitudes, and functional considerations. 4. Administration of work: This refers to considerations in the shipping, fabrication, installation and maintenance of an artwork. The City will consider whether an artwork will be able to be maintained over the life cycle of the work. 5. Balanced inventory of the permanent collection: The City will consider the existing works in its art collection and strive for a diversity of style, scale and media, recognizing that some styles and media will be more appropriate for public, outdoor art. 6. Artist's demonstrated ability to respond to the project site and context: This refers to an artist's history and record of working with the scale required for the project, the materials, and the fabrication and installation process needed for the commission. 7. How work fits into the natural or built environment of the site: The immediate social and physical environments where the artwork is placed should be considered. Scale, form, material and content should be appropriate for the site. 8. Compatibility with established patterns of use of the site: The artwork should not interfere with existing usage of the site unless that site is undergoing a total renovation. 9. Established objectives of the acquisition program: The Public Art Commission will set yearly and multi-year objectives for its programs. These objectives will be considered in selecting artworks. 10. Use of community input in design: Community input will be sought during the design process by the Public Art Commission or artist. This input will be considered in the design creation. Donation Program Refer to criteria 1 —5 above and these criteria listed below. 6. Physical condition of work: This is self-explanatory. 7. History and provenance of the work: Does the donor own the work? 8. Suitable location for work: Does the City have an appropriate location for donated artwork? 9. Compatibility with the City's donations program objectives and education plan: Does the artwork further the city's donation program goals? 10. Contribution to the existing public art collection: How does the artwork fit into the overall collection of public art? 44 Appendix F Review criteria continued draft 10/9/03 Loan Program Refer to criteria 1-5 above and the criteria listed below. 6. Public information and programming opportunities: The loan program would provide opportunities for the public to learn about the artwork and/or engage in dialogue with the artists. Public information opportunities would be considered in designing loan programs. 45 APPENDIX G draft 10/9/03 FUNDING METHODS The majority of government public art programs are funded through a "percent for art" program. These programs are varied in their implementation but all designate a certain percentage of capital improvement money to fund public art. This relatively small fee has been a great benefit in the cultural and economic development of many communities. Numerous cities, both large and small, have established this program across the United States. This funding method has become widely accepted as demonstrated by the fact that 300 cities, counties and other government bodies around the U.S. have public art programs. Government entities have found percent for art funding useful for many reasons. This kind of funding mechanism enables artwork to be a part of overall project planning from the beginning of the capital design phase. Past experience has shown that this is a key element in public support and acceptance of the art, because the community can be engaged from the beginning. Since thorough planning is often key to a successful public art project, percent funding secures an ideal timeline. Percent for art also allows a flexible approach, enabling adaptation to the size of the project and to community needs. Implementation approaches to percent for art can be broken down into three broad categories: public, public-private and private. Public percent for art programs obtain funds through public financed capital improvement projects (CIP). Public-private percent for art receives funding through both private and public development projects. A private percent for art program usually is run by an organization or foundation that receives funding through contributions, with percentages as goals. The percent designation usually begins at one percent and can go as high as three percent. Within each of the public, public-private and private categories are many variations and qualifications that include ordinances or voluntary contributions, separate funds, definitions of capital improvement project size, minimums and maximums. A review of percent programs also suggests it is important to designate a portion of the funds for administration and maintenance of the public art. In New York State, New York City, Rockland County, the City of Buffalo and City of Huntington have governmental public art programs. The Public Art Commission reviewed these possible funding models, which are listed below in the Commission's order of priority. A public percent for art ordinance with voluntary private participation is the preferred option to support a public art program in the city at this time, with consideration of the establishment of a private percent for art to occur subsequently. 1. Public Percent for Art with Voluntary Private Participation 2. Public-Private Percent for Art Ordinance 3. Public Art General Fund through a per capita or other assessment set aside 46 Funding methods continued draft 10/9/02 Preferred Option/Option 1 Public Percent for Art Ordinance with Voluntary Private Participation: In this option, public capital improvement projects would have a 1% designation for public art and a voluntary .3 or.5% designation on private development as per the proposed zoned approach listed below. Participation by private developers would be voluntary and follow some of the parameters described below in option#2. Preferred Option #2 Public-Private Percent for Art Ordinance A percentage of all public capital improvement projects and private development projects are considered for a public art fee. Art for public projects is owned by the city and selected through a process defined by the Public Art Commission as described in this plan. Art for private development projects is chosen and owned by the developer. Developers would allocate money for art and demonstrate completion prior to receiving a certificate of occupancy. The Public Art Commission would be available to advise private developers on the art commissioning process if requested. Nonprofit development projects would be exempt but project sponsors could be encouraged to make a voluntary contribution or plan for their site. The specific parameters and limits are listed below. Implementation: Zones The Public Art Commission recommends the use of a zoned approach to percent for art program. Public projects -all zones Since the City would take a leadership role in public art, the percent for art would be 1% of the total capital project costs in all geographic areas of the city. Given the current economic climate, it is important to understand how a percent for art program would impact the city budget. As such, capital project costs for the past eight years were examined in order to gauge how expensive a percent for art program might have been for the city had a percent for art been in place in 1996. These figures were then projected forward for a twenty year period to determine possible future costs. Each year the city establishes a list of capital projects that contains a wide array of items to be funded with serial bonds. Typical items on the list include new cars and vans, repairs to city buildings, new playground equipment bridge and garage repairs, and the construction of park trails. Communities across the country with percent for art ordinances use a variety of definitions to determine eligible capital projects. A conservative approach for this analysis was taken by using a narrow definition of eligible capital projects. Thus, items such as improvements to bridges, parks, and city buildings costing over$50,000 were included,_but projects for street and road improvements, sidewalks, traffic calming projects, land acquisition, or project design costs were omitted. According to the analysis, the annual cost for a percent for art program, including payment of both principle and interest at 5% (the city's historic borrowing rate). would have ranged from a low of $249 in 1996 on capital projects costing $314,000 to a high of$3,478 in 2001 on capital projects costing $4,391,600. The average cost over the last eight years of retiring debt for these art expenses would have been $1,825 per year. 47 • Funding methods continued draft 10/9/03 Total capital project costs vary considerably over the years and with different city administrations, but if this annual rate is representative of typical spending over time, the annual payment for debt retirement would range from $1825 in year 1 to $36,500 at the end of year 20 as annual costs accumulate by 2024 (20 times $1825 or$36,500 in 2003 dollars). Inflation will, of course, increase this amount, but its real value in constant dollars should remain relatively unchanged. As an example, $36,500 translates into .09 percent of the city's 2003 $43 million budget. The chart below demonstrates what annual costs for the past eight years would have been if a 1 percent program had been in place. The analysis does not include a percent for art project for the new Cayuga Garage, a $17.5 million project. Although this development project merits an art component, this item was excluded in the analysis because the city doesn't typically construct such large projects and it is an anomaly in terms of its cost. Annual Debt Service on Yearly Eligible Capital Projects Year Eligible Capital Projects 1996 $ 314,000 $ 249 1997 $1,802,125 $1,427 1998 $2,567,630 $2,033 1999 $2,615,000 $2,071 2000 $2,263,312 $1,792 2001 $4,391,600 $3,478 2002 $ 505,000 $400 2003 $3,983,024 $3,154 Total $18,441,691 $14,604 Average Annual Cost $2,305,211 $1,825 Private projects—selected zones Recognizing the economic difficulty of private development, especially in the urban core, the Commission recommends a zoned approach for private development percent for art projects. In the Urban Core, the percent for art would be .3% of the total development costs. The urban core area roughly covers downtown, the West End, and Inlet Island. More specifically, the intent is to apply the .3% provision to the defined area subject to the density policy, which is implemented by the Tompkins County Industrial Development Authority (IDA) and which provides tax abatement to qualified projects. In the Route 13 Corridor and in Collegetown, the percent for art would be .5% of the total development costs. Examples of how the percentages would work: Project Cost % for Art Dollars for Art Urban Core a. $4.5 million .3% $13,500 b. $10 million .3% $30,000 Rte.13/Collegetown a. $1.5 million .5% $7,500 b. $12 million .5% $60,000 48 Funding methods continued draft 10/9/03 Preferred Option #3 Public Art General Fund Options Public Art General Fund through Per Capita Funding: This type of funding mechanism has been used in some smaller cities. An annual fund is designated based on a per capita set aside in the General Fund. This city art fund can be carried over from year to year and pooled to create larger projects. The City of Kent, WA uses a $2 designated per capita mechanism and a private percent for art. OTHER FUNDING OPTIONS Public Art General Fund through another assessment set aside: A set aside program could be established to fund public art by pooling fees into a designated general fund. For example, a $4 (Four For Art) or$5 for art notion added to the city permit application system. These set aside ideas could be developed with public information that would build awareness of program purposes. Another set aside idea could designate a voluntary contribution for public art paid with city tax payments. This option has yet to be explored in terms of any legal issues. Other Percent for Art Options Public Percent for Art Options: Public Percent for Art Voluntary- On public development projects, contribution toward a percent for art is optional. Public Art General Fund Designation - Public development projects are funded through a general fund designation determined in each yearly budget cycle. Public/Private Percent for Art Options: Public/Private Percent for Art Voluntary- On all public and private development projects, a contribution toward percent for art is optional. Public/Private Percent for Art in an Arts/Entertainment Zone -On public and private development projects in a designated area of the city, percent for art is applied. Local Option A local funding source for public art may be the room tax. The room tax could be a mechanism for providing ongoing revenue support but the impact on other existing art activities funded by this source would need to be explored. 49 Funding Methods continued draft 10/9/03 ADDITIONAL INFORMATION ON PERCENT FOR ART Percent for Art Provisions Listed below are some general provisions that are a part of percent for art parameters. Cap- The percent for art calculation could be capped at$15 million for each project, public or private. The minimum project cost could be $200,000 -500,000 for private developers. Administration - A percent of each public project(beginning at 5% and up to 15%) should be reserved for administration and maintenance. Some projects might require a higher percentage, some a lower percentage, depending on the acquisition process used and the level of community interaction during the planning stages. In the public project example listed on a preceding page, the administration cost might range from $750 to$2,250 for a total artwork budget of$15,000. Funding methods continued draft 10/9/03 Administration costs should include staff salaries, overhead, public relations, project development, artist selection, community outreach, artwork dedication and maintenance. Pooled Fund - All projects could have the option of using the percent funds to support artwork on site or contribute funds to a pooled fund. Use of pooled funds could be determined by public art plan priorities. Administration and maintenance money would be set aside from the pooled fund for each project. Ownership— Private property owner would retain ownership of the artwork. Art Placement— Generally, artworks should be outside and publicly accessible. However, art placed in the interior of a building must be in an area accessible to the public from 9:00 a.m. to 5:00 p.m. Eligible capital projects— All new construction and all renovation projects which undergo alterations or repairs that exceed fifty percent of the value of the existing structure could be eligible. Artwork costs- Artwork costs would include approximately 15% to artist design fee, research, travel, project proposal, engineering and construction documents and approximately 85% to fabrication/installation (artist travel, materials, studio overhead, subcontractors, fabricators, installation, site preparation, insurance, bonding). Artists should consider 10% contingency fund for unknown project costs within the fabrication/installation portion of the budget. Capital Improvement Project definition— (There are other communities that have a broader definition of capital improvement, for example, including roads and drainage). 1) new construction of a building or of additional space added to a building; 2) any reconstruction or renovation of a building or part of a building equal to or exceeding in cost, fifty thousand dollars; 3) any other project, the intended use of which requires that it be accessible or visible to the public, including but not limited to parks and bridges; 4) projects shall not include equipment or rehabilitation of equipment; 50 Funding methods continued draft 10/9/03 Cost of project could include site work, and contingency allowances for a project, but could exclude land or building acquisitions and subsequent changes to the project unless such subsequent changes exceed fifty percent of the initial cost of the project. Total Cost does not include costs for: design and engineering of the building, administration, fees and permits, building demolition, relocation of tenants, contingency funds, land acquisition, environmental testing or indirect costs, such as interest during construction, advertising and legal fees. Art parameters - The following non-artistic items do not meet the intent of this program: Reproductions, by mechanical or other means, of original works of art; decorative, ornamental, or functional elements which are designed by the architect or consultants engaged by the architect as opposed to an artist commissioned for this purpose; those elements generally considered to be components of a landscape architectural design except when elements are designed by the selected project artist and are an integral part of the project artwork; "art objects"which are mass- produced of standard design; directional or other functional elements such as super-graphics, signs, color coding, maps, etc.; modification in or improvements to building surfaces or structural elements of the building, and services or utilities necessary to operate and maintain an artwork over time. Eligible projects include, but are not limited to: sculpture, murals, portable paintings, earthworks, neon, mosaics, photographs, prints, film, sound, video, any combination or forms of media and new genres; standardized fixtures such as grates, streetlights and other design enhancements as are rendered by an artist for unique and limited editions. New York State Examples of Public Art Ordinances Rockland County- Run by Rockland Center for Arts, population 280,000. Ordinance states that 1% of first$15 million of bonded County capital projects is used for art on project site. NYC Percent for Art Program - Ordinance allocates 1% of municipal construction budgets for newly constructed or reconstructed capital projects, cap of$400,000. Annual cap of$1.5 million. Huntington, Town (Division of Cultural Affairs) - No ordinance for percent for art, but an allocation is part of annual operating budget. This is a new program with an initial allocation of$5,000. Buffalo- Part of city government but run by Buffalo Arts Commission. Ordinance states that any capital improvement project of over$1 million with any city funding designates 1% for art. 5 1 APPENDIX H draft 10/9/03 FUNDING SOURCES The sources and ideas listed below could be utilized for future funding of public art projects and programming. Broad categories of funding include: public/private sector collaborations; percent for art programs; participation from developers; and alternate sources. Percent for art funding is discussed in more detail in appendix G.* • National Endowment for the Arts, 1100 Pennsylvania Avenue, NW, Washington, DC 20506, (202) 682-5400, www.arts.gov,matching funds for public art. Also have sponsored "Mayor's lnstituties"where government leaders can bring design projects to an institute for discussion. • New York Foundation for the Arts (NYFA), 155 Avenue of the Americas, 14th Floor, New York, NY 10013, (212) 366-6900 Artists and Audiences Exchange program will provide funding for artist workshops and presentations. • New York Foundation for the Arts (NYFA), www.nyfa.org, features an interactive web page and provides links to grant sources. • New York State Council on the Arts (NYSCA), www.nysca.org. The NYSCA visual arts category funds organizations to provide a variety of programs and services. • Community Beautification Program, contact Chrys Gardener, cab9(a cornell.edu, possible Collaboration with landscaping/beautification efforts. Small grants available to municipalities and volunteer organizations. • Development Grants, liaison Jackie Kippola, ikipploatompkins-co.org, Tourism grants awarded to organizations for the initiation, development, expansion, and enhancement of Tompkins County tourism attractions and events with broad appeal. This source might be be used to produce brochure on the city's public art collection. • Directory of Corporate and Foundation Giving, The Foundation Center, 79 5th Avenue, New York, NY 10003-3076, 212-620-4230, http://fdncenter.orq • Funding for public art in other communities across the country has come from alternate sources, such as: Room tax; Neighborhood appeals; Parking meter revenue Sales tax revenue; Proceeds from the sale of city land; Funds pooled with the county; Partnerships with arts organizations; Local companies/businesses; Arts councils; Funds dedicated from a large scale event; Historic preservation/renovation funds; Funds as part of a larger grant, eq. transportation funding. "Some funding information is from Project for Public Spaces. 52 p APPENDIX I DRAFT 10/9/03 PUBLIC ART PLAN KEY INFORMANTS During the process of creating this plan, the Public Art Commission wanted the participation of key informant persons and groups that might have interest in or feedback on public art questions. The people and groups listed below received letters from the commission seeking input on the public art plan. An asterisk indicates that a response was received via letters or through meetings. Community Arts Partnership, Richard Driscoll and Loralyn Light* Ithaca Downtown Partnership, Gary Ferguson and Board* Community School of Music and Art, Tom Scharff* Saltonstall Foundation for the Arts, Lee Ellen Marvin Historic Ithaca, Scott Whitham Dewitt Historical Society, Matt Braun* Ithaca City School District, Judy Pastel and Craig Evans* Ithaca Community Fine Arts Booster Group, Patti Nozell Tompkins County Public Library, Janet Steiner GIAC, Marcia Fort Ithaca Youth Bureau, Allen Green* Southside Community Center, Diann Sams and Board State of the Art Gallery, Stan Bowman, current chair Cornell University Art Department, Buzz Spector, chair Ithaca College, Susan Weisand Sciencenter, Charles Trautmann Public Service Center, Cornell University, Leonardo Vargas Cornell Council on the Arts, Milton Curry Johnson Museum, Frank Robinson* PTA Council, Pam Hanna CAP artist email list(Jeff deCastro, John Snyder, Anne Campbell, Nancy N. Maas, Camille Doucet, Rob Licht)* Board of Public Works* Strategic Tourism Planning Board, Scott Wiggins Chamber of Commerce, Jean McPheeters* City Affairs Committee, Chamber of Commerce* Neighborhood list- Bryant Park Civic Association, Nancy Leeming and Mary Tomlan Center Street Neighborhood Watch, Dorothy Rollins Collegetown Neighborhood Associaiton, Nancy Schuler and Gary Stewart* Cornell Heights Civic Association, Michael and Erica Decatur CAN-DO Neighborhood Association, Leslyn McBean East Spencer Street Association, David Henderson First Street Neighborhood Association, Armin Heurich and Gail Brisson Hector Street Neighborhood Association, Margot Brinn Henry St. John Civic Association, Gloria Landes and Eric Rosario Latino Civic Association, Leonardo Vargas Marshall and Linn Street Association, John Barradas Marshall and Utica St. Neighborhood Association, Linda Farthing-Kohl Northside Neighborhood Planning Association, Wendy Workman Orchard Place Association, Terrence and Jane Fajans We Are Neighbors Too, John Beach South of the Creek Neighborhood Association, Rick Grossman Spencer Road Neighborhood Association, Crystal Buck and Ben Coakley South Hill Civic Association, Jim Meyer 53 Key informants continued draft 10/9/03 Titus Towers Tenant Council, Betty B. Miller University Hill Neighborhood Association, Kate Lunde* Washington Park Neighborhood Association, Jutta Dotterweich and Michael Vitucci* West Hill Civic Association, Amy Christian Wood Street Neighborhood, Rick Rogers Church/Religious Organizations: Ithaca Reform Temple, Abby Lyon Temple Beth El, Rabbi Scott Glass First Assembly of God, John Sotero Tabernacle Baptist, David Nelson Immaculate Conception Church, Father Leo Reinhardt St. Catherine Greek Orthodox, Stephen Lilley St. John's Episcopal, Phillip Snyder St. Paul's United Methodist, Rebecca Dolch Unitarian Church of Ithaca, Stan Sears St. James A M E Zion Church, Robert E. Williams First Baptist, Wendy Fambro Calvary Baptist First Presbytarian, Ron Allin groups responded via letters or meeting notes or phone 54 APPENDIX J draft 10/9/03 VARA (VISUAL ARTISTS RIGHTS ACT) In 1990, Congress proposed VARA, an addition to the Copyright law. This federal law guarantees artists their moral right to claim or disclaim authorship in artwork; preserves limited rights to prevent distortion, mutilation, or modification of a work; and the right, under some circumstances, to prevent destruction of a work that is incorporated into a building. These rights are referred to as the right of attribution, the right of integrity, the right to withdraw a work, and the right to disclosure (allows the artist to determine when a work is complete). The rights last for the life of the artist for works created after June 1, 1991. New York state law also protects artists' rights. These rights can be waived if the artist signs a written document stating the rights be waived and the specific artwork is identified. Access to the copyright law information regarding VARA is available at http://www.loc.gov/copyright/titlel7/92chapthtml#106a(basic provision) and http://www.loc.gov/copyright/titlel7/92chapl.html#113 (exception for artworks fixed to buildings). In addition, the National Endowment for the Arts posts a guide to the Visual Artists Rights Act at http://arts.endow.gov/artforms/ManageNARA.html. 55 APPENDIX K draft 10/0/03 CONTRACTS A review of sample artist and donor contracts indicates that the following elements have been considered as part of contracts. For the artist: Description of the artwork Requirements and approval for the design of the artwork Artist's scope of work description Schedule for artwork, including any progress reports and artwork review Fabrication and installation requirements Use of community input, if applicable Site preparation Delivery/transportation and installation Price/payment schedule/sales tax Inspection and review of artwork/loss/damage/delivery Delays in construction Copyright and reproduction agreements Warranties/insurance Indemnification Maintenance protocol or requirements Signage Relocation and removal conditions, including signing of Visual Artists Rights Act waiver Death or disability of artist/termination conditions Applicable law Notices Miscellaneous (servability, entire agreement) With each contract, artists should receive a copy of any maintenance or appeals policy conditions. For the donor: Site selection information Base or pedestal requirements Delivery of artwork Representations Covenants Relocation and removal conditions, including signing of Visual Artists Rights Act waiver Indemnification Notices Miscellaneous (governing law,jurisdiction, venue) With each contract, donors should receive a copy of any maintenance or appeals policy conditions. 56 APPENDIX L draft 10/9/03 POTENTIAL PUBLIC ART PARTNERS Tompkins County and the surrounding area are home to a variety of individual artists and arts/community organizations. There are potential collaborations with many of these individuals and groups who could be public art partners. Listed below are brief descriptions of how these potential partners could connect with public art activities. This information was submitted directly by these groups. Community Arts Partnership (CAP) The Community Arts Partnership serves as a liaison organization to the Public Art Commission. CAP has advised the Commission on artist issues, made connections to artist groups and facilitated access to CAP's artist slide registry. CAP would continue to advise on programs, assist connection to the artist community and potentially serve as a contracted agency/consultant on public art projects. Ithaca Downtown Partnership (IDP) The Ithaca Downtown Partnership serves as a liaison organization to the Public Art Commission. IDP has embraced in the incorporation of art and art activities into the downtown business district and views this activity as good for business. IDP created and administers the Art in the Heart of the City temporary sculpture exhibit and they run the Art Walk program. IDP's long-range plans include an art focus; refer to their vision plan included in the appendix. Tompkins County Public Library(TCPL) The Tompkins County Public Library's new home in November 2000 has served as a valuable exhibit space for art. The library hosts four exhibits a year with support from the Community Arts Partnership, and through partnerships with other organizations such as The lnkshop. The Inkshop cosponsored "Textscapes" in 2002-03, a show resulting from the work of public art creator Jeff deCastro who collaborated with printers and poets in writing and printing workshops to "wrap the library." The library will continue to serve as an exhibit space for art and will continue to do arts programs, including many children's arts programs, and to work in partnership with other organizations. Community School of Music and Art(CSMA) The Community School of Music and Art offers classes to all ages in a variety of arts areas. In addition, CSMA's home on State Street has served as an exhibit space for a variety of arts exhibits. The Community School of Music and Art can assist the Public Art Commission with planning; act as a resource for identifying artists in the community; provide space for temporary installations; and schedule some meeting/work space for public art activity. Johnson Museum of Art The Herbert F. Johnson Museum of Art is a nationally recognized museum as part of the Cornell University campus. The Johnson Museum can help by providing staff expertise, contacts with artists, some fundraising and grant writing, and publicity for the program in the museum's own outlets. In addition, Frank Robinson has offered his expertise as a former commission member in Providence, RI. Dewitt Historical Society of Tompkins County The Dewitt Historical Society is devoted to collecting, preserving and interpreting the history of Tompkins County. The Dewitt has offered to connect with Public Art Commission activities through its role in a variety of areas including: the only museum located in the downtown business district; its location at Gateway Plaza; its role in the history of the county; use of its collection; promotion of the appreciation of history to foster civic pride and civic engagement; collaboration to benefit the historical society, the PAC and potentially attract and retain people and business to the downtown area. 57 r Potential partners continue draft 10/9/03 Ithaca Youth Bureau The Youth Bureau building and Cass Park are city-owned and managed by the Youth Bureau. These spaces would be available for the display of art. Ithaca City School District Response from Carol Spence, 2002-03 High School Fine Arts Coordinator, suggested a student collaboration with future public art activities. Students could view art and discussions could be set up with the artists. Advanced students might also participate by contributing their artwork for an appropriate public venue. Individual Artists Several individual artists have expressed a desire to collaborate with the public art program as commissioned artists and to provide feedback on program activities. Other organizations Other organizations have articulated their desire for future collaborations. The Saltonstall Foundation, the Cornell Council on the Arts and the Discovery Trail are examples of organizations that have expressed interest in exploring and considering future collaborations. 58 APPENDIX M DRAFT 10/9/03 ITHACA DOWNTOWN PARTNERSHIP: PLAN FOR DOWNTOWN THE ITHACA DOWNTOWN PARTNERSHIP 2003-2010 DEVELOPMENT STRATEGY THE ROLE OF ART IN DOWNTOWN One of downtown Ithaca's market niches is as a center for the appreciation and commerce of art. The role of art in transforming downtown centers across the country is well documented. Here in Ithaca, there is an opportunity to grow upon a solid base of art programs and art businesses to create a center of regional and even national prominence. Downtown is ideally suited to serve as a center for art. Downtown's ambience and aesthetics, its collection of older commercial buildings, its existing status as a tourist destination and its present group of art businesses, organizations and programs all make it an excellent candidate for further art growth and development. There are several overall art goals for downtown: - To enable visitors to downtown to experience art on each and every trip; - To build a critical mass of art businesses that, on its own, can stand as a visitor attraction and destination draw; - To be perceived regionally and throughout the Northeastern United States as a center for art. To attain these goals during the period 2003 to 2010, the Ithaca Downtown Partnership will work with the Ithaca community to: (1) Continue and work to institutionalize the Art in the Heart of the City annual sculpture exhibition. Now in its 4th year, Art in the Heart of the City has earned praise for its breadth and scope. It was cited by Yankee Magazine as one of New York State's must see attractions for 2003. The IDP will work to grow the exhibition and find a partner to help co-produce the project. (2) Build a permanent downtown sculpture collection. Downtown currently has four permanent sculpture pieces. The goal of the IDP will be to add a new piece of public art to the permanent collection in downtown each year. Pieces can be held publicly or privately. (3) Develop a mural art program. The City has already purchased four permanent mural boxes that the IDP will program with mural art on a rotating basis. It is the goal of the IDP to add one new mural to downtown each year on either public or private property. The IDP will also work with the Board of Public Works and the Public Arts Commission to inventory downtown public structures and pre-qualify possible mural art locations. (4) Encourage the growth of art galleries. The IDP will work increase the number of public art galleries (both private and nonprofit) to at least 12. (5) Encourage art in private buildings and businesses. The IDP will institute a voluntary program to encourage downtown buildings and businesses to integrate art into the public spaces. The goal will be to encourage at least 50% of the businesses and major buildings of downtown to feature art in some fashion. 59 (6) Investigate an art incubator program. The IDP will explore the feasibility of creating a downtown art incubator program that could cluster studio artists and also serve as a center for visitors. (7) Accent art as a key feature in downtown public amenities. The IDP will work with the City of Ithaca to ensure that, to the greatest extent possible, new or renovated public facilities, infrastructure and/or street and sidewalk amenities will have built-in art features. Among the future projects to be targeted are TCAT bus stops and shelters, Commons entrance improvements and benches and pavilion upgrades. (8) Champion the creation of satellite art museum. The IDP will investigate the future feasibility of creating a downtown art museum, most likely a satellite facility from either Cornell University or Ithaca College. (9) Organize an ongoing busker program. Public art can also include performance art. The IDP will work to create an ongoing busker street performer program that seeks to provide musical or other performance entertainment at key visitor times throughout the year. 60 t APPENDIX N draft 10/9/03 PUBLIC ART RESOURCES AND INFORMATION The resources below were used in compiling this plan; some of these resources could be used for the future implementation of the plan. • Tompkins County Quality of Life 2000, a report of the Tompkins County Quality of Life Committee, December 2002. • Community Cultural Assessment, Community Arts Partnership, Ithaca, NY July 2002. • Project for Public Spaces, Inc., 153 Waverly Place, NY, NY 10014, ppspps.org, Cynthia Nikitin, Assistant Vice President, PPS Slide Library • Making Public Art Work, Cynthia Abramson Nikitin, Sculpture Magazine, April 2000, http://sculpture.org/documents/scmagg00/apri100/pub/pub.htm This article describes the charrette process for gathering community input. • FORECAST Public Artworks, 2324 University Ave.W#102, St. Paul, MN 55114, www.forecast.orq. • The Tilted Arc Controversy:Dangerous Precedent? By Harriet F. Senie, U of MN Press 2001. • 2003-2004 Public Art Program Directory, Renee Piechocki editor, Public Art Network— Americans for the Arts, 2003, www.AmericansForTheArts.orq. • Public Art Funding-Developing Percent for Art Programs, Brenda Brown and Mary Rubin, American for the Arts monograph, December 2000. • Public Art Review, various issues, http://www.publicartreview.org/ Public Art Review, 2324 University Ave W., #102, St. Paul, MN 55114, also for images of public art. • Public Art 101- Curricular Book, Seattle Arts Commission, October 2001, www.cityofseattle.net/arts • Arts in Public Places Policy Manual, City of Brea, CA, June 2001, www.cityofbrea.net • Austin City Connection, Arts in Public Places Program guidelines, http://www.ci.austin.tx.us/aipp/guideo3.htm • New York City Department of Cultural Affairs Percent for Art Program Implementation Guidelines, December 1985, amended January 1996, NYC Percent for Art Program, Department of Cultural Affairs, 330 W. 42nd Street,l4`h floor, NYC, NY 10036, www.nyc.qov/html/dcla • Town of Huntington Public Art Initiative, Public Art Advisory Committee Guidelines and Administrative Plan, Town of Huntington Division of Cultural Affairs and Huntington Arts Council, September 2001, John E. Coraor, Director of Cultural Affairs, jcoroar(c�town.huntington.ny.us • City of Buffalo public art ordinance, Buffalo Arts Commission, 222 City Hall, 65 Niagara Square, Buffalo, NY 14202 • County of Rockland, NY public art ordinance, Arts in Public Places of Rockland County, NY, Rockland Center for the Arts, 27 South Greenbush Road, West Nyack, NY 10994, Julianne Ramos, (845) 358-0877, info a(�rocklandartcenter.orq • Public Art and Private Development—Report on Program Policies, King County Public Art Program, Office of Cultural Resources, Smith Tower, 506 Second Ave., Suite 200, Seattle, WA 98104, 2002, www.metrokc.gov/exec/culture/publicart • Public Art Seattle interactive cd, http://www.cityofseattle.net/arts/publications/publicart • The Arts in Public Policy:An Advocacy Agenda, Thomas L. Birch, The NASSA Advocate 2002, The National Assembly of State Arts Agencies, 1029 Vermont Ave. NW, 2nd floor, Washington, D.C. 20005, www.nasaa-arts.orq • National Assembly of State Arts Agencies, cultural tourism description, www.nasaa- arts.orq 61 • Public art resources and information continued draft 10/9/03 • Municipal and State Programs That Support Artists, Noelle Backer, Art Calendar September 2002. • Northside Neighborhood Plan "Turning the Corner"first draft April 2002, Leslie Chatterton, Tim Logue, Northside Steering Committee, Cornell Department of City and Regional Planning Community Planning Workshop • Public Art Pittsburgh, Code of Ordinances, http://www.city.pittsburqh.pa.us/artcomm • Artspace Projects, Inc., http://www.artspaceproiects.org • Yes in My Front Yard: Community Participation and the Public Art Process, Marie Gee, High Performance#69/70, Spring/Summer 1995, http://www.communityarts.net/readingroom/archive/publicartprocess68.php • Paducah Artist Relocation Program, Paducah, Kentucky Department of Planning, City Hall, 300 South 5th Street, P.O. Box 2267, Paducah, Kentucky 4200202267, Mark Barone, Coordinator mbaronec ci.paducah.ky.us • Who's on First?Resolving Problems of Implementation in Public-sector Planning, Craig Dreeszen, Ph.D., National Endowment for the Arts publications Lessons Learned:Essays, http://arts.endow.qov/pub/Lessons/Lessons/Dreeszen2.html • The Planning Process, Creative Montgomery, Arts and Humanities in Montgomery County MD, http://www.ahcmc.org/2001/set/process.html • City of Santa Fe Arts Commission Art in Public Places Program guidelines, http://www.ci/sante-fe.nm.us/arts/page9/html • Providence Arts and Culture entertainment zones, http://www.providenceri.com/arts/arts.html • City of Albuquerque Capital Implementation Program for Public Art Program, Urban Enhancement Trust Fund, http://www.cabq.qov/cip/cipart/html • Minnesota Percent for Art in Public Places Program, Minnesota State Arts Board, http://vvww.arts.state.mn.us/artists/art9.html • City of Ventura Public Art Program, http://www.ci/ventura.ca.us/cityhall/commsrvcs/cultural/pubart/pubart.sht • City of Laguna Beach Art in Public Places, http://www.scag.orq/homepaqes/laquna beach/artaipp.html • Minneapolis Arts Commission Art in Public Places, http://www.ci.minneapolis • City of Fort Collins, CO Art in Public Places, South Taft Hill Road Project, http://www.ci.fort-collins.co.us • Miami-Dade County Art in Public Places, http://www.co.miami- dade.fl.us/publicart/about.html • Cambridge Arts Council Public Art Program conservation and maintenance, http://www.ci.cambridge.ma.us • Public Art Fund, New York presenter of artists' projects, http://www.publicartfund.orq • Public Art in Urban Regeneration:An Economic Assessment, Tony Bovaird, Public Art Observatory Databank, 1999, http://www.us.es.escult/LIBRARY/bovaird.htm • Broward County Cultural Affairs, Public Art and Design, www.browardarts.net • APlnews, a publication available online reporting on current directions in public art, a project of the Community Arts Network (CAN), http://www.communityarts.net/api • Mural Arts Program, Philadelphia, PA—example of mural arts program at http://www.philart.org • The Rise of the Creative Class, Richard Florida, Basic Books, 2002 • Public Art Process and Product 1998, a video written and directed by Vincent Ahern, University of Florida, Contemporary Art Museum • Public Art Practices, A Reference Guide for Developing Public Art Programs, St. Louis Regional Arts Commission, 3540 Washington Ave., St. Louis, MO (314) 652-5511 62 • Public art Resources and information continued draft 10/9/03 • Art Plans: Pro Parks and Community Center, Carolyn Law, describes integrating art into new and renovated parks and community centers in Seattle http://www.cityofseattle.net/arts/publications/publicart/artsplans • LA Metro Art, contact Erik Qvale, (213) 922-2724, metropolitan transit project incorporating public art, funded through county, state and federal transit funds • The Economic Impact of the Arts on New York City and New York State, Alliance for the Arts, 1997, 330 West 42nd Street, Suite 1701, New York, NY 10036, (212)947-6340 • Volunteer Lawyers for the Arts, One East 531d Street, 6th floor, New York, NY 10022, www.vlany.org • "Crop Buster", Charles and Thomas Danziger, Art and Antiques Magazine, January 2003, article discussing art law issues • The Arts and Smart Growth: The Role of Arts in Placemaking,•Funder's Network, translation paper number twelve, April 2003, www.fundersnetwork.org or through Grantmakers in the Arts (GIA), gia @giarts.org Public Art Helps Strenghten Columbus Community, artsPerspective, Ohio Arts Council, www.oac.state.oh.us • Percent for Art slide registry, New York City Department of Cultural Affairs, Percent for Art Program's main resource for selecting artists, www.nyc.gov./html/dcla. • The Lost Soul Companion, Susan M. Brackney, www.lostsoulcompanion.com, lists Ithaca 13th artist-friendly city • Michael Kammen, Professor of American History and Culture, Department of History, Cornell University, McGraw Hall 433, Ithaca, NY 14850, mgk5 @cornell.edu, Lecture on art, "A Time to Every Purpose: The Four Seasons in American Culture" • Keeping it Clean; Removing Exterior Dirt, Paint, Stains and Graffiti from Historic Masonry • Buildings, Anne E. Grimmer, Washington, D.C., National Park Service, 1988 • How Art Economically Benefits Cities and Report Says Nonprofits Generate $134 Billion in Economic Activity, Project for Public Spaces, http://pps.org//buildings/info/how_to/pub_art/art_impact • Public Art as a Planning Tool, Maria Luisa de Herrera, Kathleen Garcia, Gail Goldman http://www.asu.edu/caed/proceedings97/herrera.html • Public Art consultants, Via Partnership. LLP, P.O. Box 23167, St. Louis, MO 63156, (314) 664-5902, art@viapartnership.com • New York State Culture Zone Project, Executive Director, Alliance of New York State Arts Organizations, (631) 298-1234, http://www.thealliancenys.org • Alliance of Artists' Communities, www.artistcommunities.org, 503-797-6988 • www.artswire.org, online education and technical support resources for artists 63 APPENDIX 0 DRAFT 10/9/03 SAMPLE ORDINANCES This section contains copies of percent for art funding ordinances from Buffalo, New York, Rockland County, New York and the City of Lawrence, Kansas as a reference for future consideration. 64 . ' `�� ART IN PUBLIC PLACES COMMITTEE 111111 c/o Rockland Center for the Arts 27 South Greenbush Road � . 11 RT i N West Nyack, New York 10994 PUBLIC C. Scott Vanderhoef, County Executive PLACES LOCAL LAW NO. 6 OF 1986 COUNTY OF ROCKLAND STATE OF NEW YORK A local law providing for a percent for arts amendment to the administrative code. Be it enacted by the Legislature of the County of Rockland as follows: Intention and Policy: A. Whereas, art and culture are basic human needs, and the encouragement and protection of its art and culture are as important a part of our government as the encouragement and protection of industry, labor, the environment and other resources ; B. Whereas, the arts know no boundaries and when they flourish, they demonstrate our joy at being free men and women challenged and stimulated by awesome individual expressions of creative power; C. Whereas, a public art program is one of the finest contributions a government can make to its citizens since it provides the community with a unique identity, civic pride and thought-provoking cultural landmarks, as well as s sense of community cohesion; D. Whereas, in our democratic society, all the people, not just an elite few, have the right to be participants in the arts and it becomes the duty of government to create access to, and encourage participation in, arts and culture; E. Whereas, many states, cities and counties throughout the United States, as well as the federal government, have adopted percent-for-art ordinances, whereby a specified percentage of the budget for new government construction and major renovation projects is allocated for the commissioning or acquisition of works of art, indicating conscious efforts by elected officials and community leaders to enhance the visual environment. 1 65 Section 1. Funding Capital projects, whether funded by capital funds or operating funds, shall include the appropriation of funds equal to one percent of the cost of the project for the first fifteen million dollars appropriated, said funds to be appropriated for the acquisition, maintenance and management of public art, except where the appropriating resolution, bond resolution, or budget may provide otherwise; provided, however, where applicable, such amount shall be reduced to the extent that state or federal government funds are not authorized to be used for such purpose. Section 2 . Definitions A. "Capital Projects" shall include: (1) new construction of a building or of additional space added to a building; (2) any reconstruction or renovation of a building or part of a building equal to or exceeding in cost, fifty thousand dollars; (3) any other project, the intended use of which requires that it be accessible or visible to the public, including but not limited to drainage, roads, parks and bridges, excepting therefrom sewer lines ; (4) projects shall not include those which are solely for rehabilitation of equipment; B. "Cost of a project" shall include architectural and engineering fees, site work, and contingency allowances for a project, but shall exclude land or building acquisitions and subsequent changes to the project unless such subsequent changes exceed fifty percent of the initial cost of the project. C. "Public art" shall include any application of skill and taste to production of tangible objects according to aesthetic principles including, but not limited to, paintings, sculptures, engravings, carvings, frescoes, mobiles , murals, collages, mosaics, statues, bas-reliefs, tapestries , photographs, drawings and ceramics. This law shall apply to all capital projects in each annual budget of Rockland County as defined by this local law. 66 2 t Section 4 . The Art in Public Places Committee A. There shall be an Art in Public Places committee (hereinafter referred to as the "committee") consisting of eleven members appointed by the County Executive, who shall serve at his or her pleasure, subject to confirmation by the county legislature. The chairperson of such committee shall be selected by the county executive from the members of the committee for a term of one year. The county executive, the chairperson of the legislature, the chairperson of the arts, culture and tourism committee of the legislature, the majority leader and minority leader or their designees, shall serve as ex-officio voting members of the committee. B. The members shall be experts in the fields of art, art history, architecture or architectural history. Section 5. Committee Duties A. The committee shall prepare a master art plan to insure a coherent acquisition program and implementation guidelines, both of which shall be approved by the Rockland county legislature. All acquisitions and sales of public art shall be in accordance with the master art plan and implementation guidelines . The committee shall recommend acquisitions and shall oversee the public education and curatorial aspects of the acquisition program. The Arts Council of Rockland shall serve as coordinator for the program. The Art in Public Places committee shall deliver an annual report to the county executive and the Rockland county legislature. B. The committee shall choose the methods of acquisition of public art for each project. Such methods of acquisition may include, but are not limited to, projects of pre-existing art, direct commission, art competition or acceptance of donations . C. The committee may, for each capital project, convene a panel comprised of at least three members of the committee, one of whom shall be designated chairperson. The committee may also appoint additional art experts as members of the panel . The committee may also appoint additional members to the panel to serve as advisors, who may be community representatives , county employees, project managers or others who will have frequent contact with the public art when it is completed. The architect or engineer of the project shall be an ex-officio member of each panel . The panel shall review the scope of each project and shall make recommendations to the committee on the nature of the public art to be considered for the project, on the specific artist and the specific art for each project, and what portion of the budget for each project shall be used for refurbishing or restoring existing works of art or to be set aside for the maintenance of a work of art. 67 3 D. The acquisition and siting of all art work shall be approved by the county executive and the county legislature. Section 6 . Use of Funds The use of any funds appropriated for any project for public art purposes shall be in accordance with the master plan, except that any such funds provided from the proceeds of county serial bonds or notes shall be used only for public art purposes related to the project for which such bonds or notes were authorized. To the extent the total appropriation of a project is not used for the acquisition of works of art for said project, upon the approval of the county legislature the remainder may be used for: (1) arts program administrative costs, insurance costs or for the repair and maintenance of any works of art acquired under this law, or (2) to supplement other appropriations for the acquisition of works of art under this law or to place works of art in or near government facilities which have already been constructed. Note: Section 6, paragraphs 1 and 2 , were later found to be contrary to state laws governing use of bonded funds. Therefore, all bonded funds used for public art purposes shall be used only for site-specific art. Remaining project funds may be turned back into the general fund of Rockland County upon approval by the county legislature. Section 7 . Ownership and upkeep Ownership and title of all works of public art acquired by the county under this local law shall be vested in the county of Rockland. Section 8 . Effective date This local law shall take effect immediately upon approval of the county executive in accordance with the appropriate provisions of the Rockland county charter and the Rockland county administrative code and the municipal home rule law, where applicable. 68 4 J. 4: ,., mailbox:/C%7C/Netscape/...Paradox.net&number=1850 mailbox:/C%7C/Netscape/Users/dgranvil/...3553018®CTebes.Paradox.net&number=1850 ART IN PUBLIC PLACES PROGRAM CITY OF BUFFALO RULES & REGULATIONS* The Buffalo Arts Commission presents the following rules and regulations for the selection of public art, pursuant to Chapter 409, Article II, Section 409-7, to The Buffalo Common Council and Mayor Anthony Masiello. Members of the Subcommittee and Committees responsible for the drafting of these rules and regulations are: Christine Tebes, Chairperson, Judy Beecher, David Granville, David Hayes (corporate counsel), and Nan Clarkson and Margaret Roblin. An outline of the proposed rules and regulations are as follows: I. History I. The Ordinance IL Definitions III. Policies IV. Overview of Responsibilities V. Criteria VI. Composition of APP Committee VII. Development of An APP Project VIII. Review of the APP Committee's Recommendation IX. Project Implementation and Documentation X. Eligible Costs XI. Ineligible Costs XII. Maintenance of Works of Art XIII. Ownership *Approved CCP 2/22/00 #13 69 15 of 17 City of Buffalo Art in Public Places Program Rules and Regulations L History: On July 27, 1999,The Common Council of the City of Buffalo passed an ordinance amendment to Chapter 409(Statues and Monuments)which establishes a policy to direct the inclusion of works of art in public projects in the city: Mayor Anthony,Masiello signed the legislation making the article effective on September 1, 1999. The intent of the legislation is to expand Buffalo's citizen experience with visual art,while encouraging artists capable of creating such art,and enhancing Buffalo's standing as a regional leader in art. While Buffalo has several fine examples of public art, most notably,the artwork in Buffalo's Metrorail Stations,this is the first time that legislation directly supporting the inclusion of public art in the city has been enacted. H. The Ordinance: Chapter 409,Article II, Section 409-2 establishes the Arts in Public Place Program,and provides for the set-aside of"an amount of One Percent(1%)of the total budgeted construction and design cost of the Capital Improvement Project",the total of which"is equal to or greater than One Million Dollars,"(Sec.409-3)be set aside for works of arts in public places. "Capital Improvement Project means any capital project paid for wholly or in part by the City of Buffalo to construct or remodel any building,decorative or commemorative structure,park, plaza,bridge, sidewalk,pedestrian mall, parking facility or any portion thereof within the limits of the City" (Sec.409-5).This includes multiphase projects on a single project site. The amount of 1% is to be used for"the planning, design, construction, repair and maintenance of the works of art"(Sec. 409-3). The ordinance calls for the creation of an ad hoc Art in Public Places (APP)Committee of arts professionals for each capital improvement project(Sec. 409-6). Its responsibility is the proposed selection and placement of works of art pursuant to the rule and regulations promulgated by the Buffalo Arts Commission (Sec. 409-7). The ordinance notes that works of art may either be permanently or temporarily attached or detached within or about any capital improvement project or other city owned, leased or rented property. While the APP Committee shall authorize placement of works of art, final placement shall be subject to any necessary conditions as set by the Commissioner of Public Works (Sec.409-8). The ordinance allows the Common Council to waive the requirement of setting aside 1% when it appears that a project is not appropriate for its application(Sec. 409-4). III. Definitions: APP means Art in Public Places. 70 .716851.6-306 6, 13 • Commission means the Buffalo Arts Commission. APPC means Art in Public Places Committee. APP Coordinator is the Executive Director of the Buffalo Arts Commission. Project Consultant is the coordinator chosen either by the City of Buffalo or the developer(or both),to oversee the capital project. APP Program refers to the Arts in Public Places initiative that was established by the Ordinance, Chapter 409,Article II, Section 409-2. N. Policies: A. Relationship to Site: The Commission views the APP program as a dynamic process in which artists are challenged to respond innovatively to Buffalo's unique weather. 1. In order to encourage works that respond to the city's rich physical settings and diversity of public sites,the commissioning of new works shall have priority over the purchase and siting of existing works. 2. Collaboration between artists and architects in the design process shall be encouraged to promote the integration of the work of art and the site. B. Diversity: Recognizing the multi-cultural nature of Buffalo's population,the Commission shall promote diversity and pluralism in APP and shall encourage as wide a range of expression as possible. C. Responsibility to the Community: The Commission recognizes that works of art often significantly alter public places, becoming a major new presence in the environment, and will, therefore, review proposed works of art as to their effect on public usage as well as on neighboring sites. D. Professional Conduct: The Commission shall oversee the acquisition of public art on the basis of informed and carefully considered professional judgement. E. The Private Sector: The Commission shall consider donations of works of art based upon the criteria and policy set forth herein. V. Overview of Responsibilities: A. The Executive Director of the Commission shall make periodic reviews in cooperation with other city departments, at least annually, of all capital improvement projects for the purpose of making recommendations regarding appropriations for works of art and arts projects. B. The Art in Public Place Committee(APPC),through the Commission, shall recommend to the Mayor and the Common Council a method or methods of selection and commissioning of artists with respect to the designs, execution and placement of works of art in connection with public improvement projects 71 oo-.roe;..I ;7165153C6 # 7/ 13 ;2 C. All recommendations for the placement of art projects shall be the initial responsibility of the APPC. The same shall be reviewed by the Commission and appropriate contracts submitted to the Executive Director of the Commission with the Commission's recommendation. D. The primary functions/responsibilities of the APPC are to make recommendations regarding appropriations for works of art through the Commission. VI. Criteria: A. All APP projects are open to any artist, except members of the Commission, APPC, or employees of the City of Buffalo, all which shall be excluded from consideration. B.Artists shall be selected on the basis of the appropriateness of their proposal to the particular project and its probability of successful completion,as indicated by the merit of their past work. In the case of the design team approach, an artist's willingness to fully participate in a collaborative process shall also be considered criteria for selection. C. In making its selection,the APPC shall bear in mind the purpose of the APP Program, always aiming to achieve the highest aesthetic quality. D. The APPC shall, in making its selection,give due consideration to the appropriateness of the proposed design in terms of its scale,form, and content with respect to its immediate and general,social and physical environment. E. Community input may be solicited, when and where deemed appropriate by the Commission. F. The APPC shall also give due consideration to the proposed design regarding its materials and construction for questions of durability, maintenance, public access, appropriateness,safety, and security. G. The assurance that the agreed upon project budget will be met. H. The aforementioned criteria are the minimum criteria on which the APPC shall base its selection. Other criteria may by established by the APPC as dictated by a project's particular requirements. Any additional criteria shall be outlined in the APPC's written instructions with its RFP. VII. Composition of the APP Committee: The APPC, appointed by the Commission, shall have seven (7)members and serve as an ad hoc committee of the Commission. The APPC shall be comprised of one representative from the Commission and others as the Commission might appoint. At a minimum the Committee's membership shall include five (5)visual art professionals, two of whom shall be representatives from the environmental design fields (architecture, landscape architecture, urban planning/design.) Selection of the committee members shall reflect the ethnic, artistic, economic, and demographic diversity of the community. "Each member shall be a professional in the fields of art, architecture, art history or art conservation"(Sec. 409-6). Panelists shall serve on an ad hoc basis, serving no more than twice every five years. No member may be a"seller of, or work for, a seller of public art,"(Sec. 409-6)but should have experience with and knowledge of the arts and arts community. Administration of the APP Program shall come from the office of the Executive Director of the Commission. The Executive Director of the Commission shall serve ex-officio 72 ;7168515306 if 8, 13 without vote,and as Coordinator for the APPC. The Chairperson shall be a member of the Commission. A quorum of APPC members shall be required whenever any vote is taken. Minutes shall be recorded for each APPC meeting. VITI. Development of An Art in Public Places Project: Art in Public Places projects may occur in, at,or near public buildings,parks, and open • spaces. These may be sites which are under development or existing sites where construction is complete. The APP Coordinator shall, on an on-going basis, actively explore potential sites for APP projects. In so doing,he or she shall seek the input of various city departments as well as the community at large. Once an APP project is identified, information will be disseminated as appropriate through the media and mailings well in advance of the selection process to provide artists adequate time to prepare any necessary submissions of their designs. For sites under development, it is preferable to involve the artist in the earliest phases of the design process to ensure a totally integrated approach. Therefore,at the earliest time possible, all city departments shall inform the APP Coordinator of proposed or planned eligible construction projects. The city department responsible for an eligible construction project shall subsequently keep the Coordinator apprised of the selection of the Project Consultant. Additionally,provisions for the artwork project shall be appropriately included in the design program for the construction project. The development of an APP project and subsequent selection of an artist shall commence immediately upon the selection of the Project Consultant. Once a project is identified,the APPC with the Coordinator shall recommend to the Commission, in the form of a written prospectus,the overall approach and selection process. This prospectus will strive for a solution that will allow for the artwork,whether purchased or commissioned,to be appropriate to the particular project site. The prospectus can provide for the direct purchase of an existing work(s)of art, the selection of an artist(s)to complete a specific work(s)of art, or the selection of an artist(s)to participate in a design team. A. The APP Coordinator shall research the background of each project, consulting, as necessary, with the city departments, project consultant, project manager, and community representatives. This information shall be utilized for formulating parameters regarding: I. Recommended format for participation of the artist in the construction project's design process and/or media. 2. Recommended location(s)within the site. Siting of the artwork may be determined prior to the selection of an artist, or proposed by the artist selected for the project. In the case of sites under development, it is preferable to allow the artist and the Project Consultant to coordinate the location of the artwork within the construction project. In the case of existing sites where construction is complete,the final location shall be determined by agreed the city departments involved, the artist, and the APP Coordinator. In either case,whenever possible, the artist selected should be given the opportunity to recommend siting of the artwork. 3. Maintenance assessment of the potential for vandalism and/or accidental damage at the project site. 73 .__... -- -_ ___ 9: i3 .22 • B. The APPC shall,with the assistance of the APP Coordinator, determine the method of artist selection to be used for each project. Consideration should be given to choosing a method that is timely and appropriate to the site, 1. The APPC shall maintain the following general guidelines regarding the methods of artist-artwork selection: a. Open Entry competition—Any artist is eligible to enter, with recognition of the possible residency requirement. Artists submit slides of their past work, resumes, and letter of intent related to the specific project, or specific proposals for the project under review. The site and prospectus are appropriately advertised. b. Limited Entry Competition—The APPC invites a limited number of artists to participate in the selection process. Artists submit slides of their past work, resumes,and letter of intent related to the specific project, or specific proposals for the project under review. The names of the artists invited to participate shall be publicly announced upon receipt of written acceptance of the invitation. c. Direct selection of the Artist—An artist is invited to participate in the project and may be asked to develop a proposal for the project. If desired, a team of artists may be put together. d. Direct Purchase of an Existing Artwork -A completed work of art is purchased. No more that ten percent of the cost of the work may go toward a dealer or agent. 2. The APPC shall establish and the APP Coordinator shall maintain an open slide registry for all artists interested in being considered for commissions through the APP Program. The slide registry may serve as the primary resource in the competitive selection of artists/artworks. 3. In the case of a limited competition and direct selection,an artist may be asked to develop an artwork proposal for a specific APP project, in which case the artist may be paid a proposal fee on the basis of an approved fee schedule. This schedule shall be determined by the APPC, and consist of sliding schedule based on the total project commission. IX. Review of the APP Committee's Recommendation: The APP Committee's recommendation shall be transmitted to the Commission in the form of a written report. The APP Coordinator, along with the APP Chairperson, shall be responsible for the preparation of this information. In reviewing the APPC's recommendation,the Commission shall take into account the APP's Policies and Criteria, as previously stated. The Commission shall review the APPC's recommendation to determine if the process for selection was properly implemented. If the Commission determines that the procedure for selection was improperly implemented, the Commission shall return the decision back, in writing, to the APPC for clarification. Individual aesthetic preferences/differences by members of the Commission shall not be basis for this action. 74 _ _ 7tod000�.o tt 10i 13 • /11 • Prior to the APPC's transmittal of its recommendation to the Commission, the Commissioner of Public Works, and the city's managing departments responsible for housing the work shall be requested to review the proposal for technical feasibility and maintenance expenses. In cases where legitimate problems are demonstrated to the satisfaction of the APPC, the committee may be reconvened to select an alternative work. Upon completion of its review, the Commission and the APPC shall jointly forward its recommendation to the Common Council and the Mayor. X. Project Implementation and Documentation: A. Upon approval of the APPC,the Commission, the Common Council and the Mayor, The City of Buffalo shall contract with the artist(s) for services and installation of a specific artwork. In general, APP project contracts shall require the artist(s)to produce, deliver, and install a work of art for a guaranteed maximum cost, and by a predetermined time which is keeping with the construction project schedule. Depending on the nature of the project,work by the artist may be contractually ensured through phased payment for work completed and/or professional liability coverage. The APP Coordinator and the artist shall review the budget to ensure that all necessary costs are met. The artist may be asked to make a public presentation at an appropriate time and in an appropriate forum in the community where the work is to be sited. B. Prior to the construction of a work of art,the artist must obtain written approval of the final design by the APPC and the Commission. In the case of an artist who has contracted with the City of Buffalo to produce a specific work of art, written approval of the design prior to the signing of the contract shall be considered sufficient. If, however, the design changes substantially from that which was initially approved,the artist must return to the APPC for subsequent review. The APPC and the APP Coordinator shall have full authority to determine what constitutes a substantive change in the design. In the case of a design team approach, it shall be the primary responsibility of the artist and the project consultant to collaborate on the design of the artwork and its relationship with the site. The artist shall be required to bring the design, in its formative stages, back to the APPC for review. This review shall appropriately parallel the consultant's presentations of the schematic, design development, and construction documents to all appropriate city hall departments. The stage at which final approval of the design occurs will vary from project to project, and shall be specifically set out in the artist's contractual agreement with the City of Buffalo. C. On site activity in connection with the installation of artwork shall be handled by the artist, the APP Coordinator, and the appropriate city department representative. D. The APP Coordinator shall function as a liaison between the artist and the various city departments involved in the completion of the project. In instances where construction matters cannot be resolved between the artist and the consultant,the APP Coordinator shall mediate, with input from the Commissioner of Public Works. 75 E. The APP Coordinator shall establish and maintain appropriate records on each project, which shall include the contract with the artist, records of the APPC and the Commission's actions, interdepartmental agreements, all billings made in connection with the project and all correspondence related to the project. In addition, the APPC Coordinator shall maintain records particular to the project to ensure adequate standards of documentation,registration,care,and installation of the artwork. XI. Eligible Costs: • A. All APP contracts shall require the artist to design,produce,deliver and install a work of art for a guaranteed maximum cost. Therefore, the following costs are eligible expenditures for the I%monies included in total project commission: 1. The work of art itself,including but not limited to: a. Artist's fee; b. Additional fees including: additional labor, materials and contracted services required for the production and installation of the work; c. Artist's operating expenses related to the project; d. Travel related to the project; e, Transportation of the work to the site; f. Installation of the work. 2. Identification plaques and labels. 3. Frames, mats, mountings,anchorage, pedestals,or materials necessary for the installation, location or security of the work of art. 4. Photographs or slides of the completed work for the purposes or routine documentation of the project. 5, Permits or fees necessary for the installation of the work of art. 6. Legal costs directly related to the project. B. In addition,the 1% monies are to be used for the selection, acquisition, and maintenance of the work of art. Therefore,the following items are eligible expenditures for the 1% monies: 1. The project specific costs of the APP Program associated with the selection and acquisition of artwork. 2. Payment for artists invited to submit proposals for a project. This amount shall be determined in advance by the APPC. 76 _ __ .,_ __ _ __ _ _._ . mac ,L , -5 XII. Ineligible Costs: A. The following expenditures are not allowable towards the I%monies included in the total project commission: A. Directional elements such as supergraphics, signage, or color-coding except where these elements are integral parts of the original works of art. B. Arts objects which are mass-produced of standard design such as playground equipment or fountains. C. Reproductions, by mechanical or other means,of original works of art, except in cases of film,video,photography,printmaking,or other media arts. D. Decorative, ornamental,or functional elements,which are designed by the building consultant as opposed to an artist,commissioned for the purpose. E. Landscape architecture and landscape gardening except where these elements are designed by the artist and are an integral part of the work of art by the artist. F. Services or utilities needed to routinely operate or maintain the artwork over time. G. Project Consultant's fees. • H. Modifications in or improvements to building surfaces or structural elements of the building. I. General administrative costs of the APP Program, those which are not directly related to a specific project. XIII. Maintenance of Works of Art A. The Commission shall make an annual review of the City's Public Arts Collection for the purposes of a maintenance needs assessment. The Commission shall communicate those needs to the appropriate city hall departments. • B. The works of art acquired through the APP Ordinance become the property of the City of Buffalo and are held in trust by the Commission. Expenses associated with the routine maintenance and operation of each artwork shall be incurred by the appropriate city hall department and considered to be part of the routine maintenance of the facility. The Commission shall conduct a yearly review of all such routine maintenance which shall be understood to include such things as the periodic cleaning of a work and operational costs such as water, in the case of a fountain. No routine, or other maintenance, or repair work shall be performed by any city hall department without the prior written consent of the APP Coordinator, and consultation with a conservator selected by the Commission. Additionally, no city hall department shall not remove the artwork from display, without the prior written consent of the 77 ii : 13/ i3 ./ : ti Commission, and in conformance with legal restrictions regarding the source of funds for that work of art. C. Insofar as possible, in the event the repair of the artwork is required, the City shall consult with the artist concerning that repair. The repair shall be carried out by a qualified conservator. The conservator shall be selected by the Commission through an RFP solicitation for bids and subsequent award of a contract to the one presenting the lowest and the most reasonable bid. XIV. Ownership: All artwork and art projects acquired pursuant to the APP Program shall be acquired in the name of the City of Buffalo,and title thereto shall vest in the City of Buffalo. 78 ' - one or more artists, persons who have volunteered to serve on a committee, and - persons with a particular interest or involvement in the site. Committee membership is not limited to persons from this list. Each member must be prepared to participate in a number of meetings and to participate throughout the selection process,which may be a protracted one. All members possess equal voting power. Administrative functions for the committee will be performed by representatives of the contracting and resident agencies and the member of the Arts.Commission with the cooperation of other committee members. Administrative functions include(1)meeting organization and notification, (2)communication with the City Commission and staff, (3) preparation and distribution of Requests for Proposals,and(4)receiving,maintaining, and returning materials submitted by artists. For the tasks of communicating with selected artists and overseeing installation of artworks,the project architect also will be actively involved. Art Selection Process The process needs some flexibility in order to accommodate the varying natures of individual projects and participants, but generally it will work as described. Get to Know the Program and Project Committee members' first task is to become familiar with the 2%for Art program. Studying the project is the next step. At the first meeting;the architect and a representative of the resident agency should lead an in-depth discussion about the space and the activities which occur there. Identify Sites and Suitable Media In most cases there will be a fixed amount of money allocated for the project. The committee must decide how best to use the budgeted amount. In order to do so,the committee will identify specific locations for artwork and the type of art most suitable for those locations. The committee also will identify and budget for expenses that will be necessary for permanent public display of the artwork, such as installation and labeling. The combined factors of budget and identified locations will form a basis for the committee's deciding how many and what types of artworks to solicit proposals for. Determine Selection Method The governing resolution permits three methods of selection: open competition, limited competition, and direct selection. The committee's choice should take into. consideration the budget, any limitations, and any special or peculiar aspects of the project. (1) Open Competition. A Request for Proposals is written that details specifics of the project and the committee's directives and preferences as well as instructions and requirements for submitting proposals. The Request for Proposals is sent to artists, and the opportunity is advertised. This represents a critical step in the decision-making process for a committee that uses the open selection method. If the Request for Proposals is drafted by fewer than all members of the art selection committee,the draft should be studied and approved by the committee as a whole. Clear presentation of adequate information about the project in the Request for Proposals will help ensure high quality and suitable submissions. Artists should be required to submit slides or photographs of 80 _ f greatest number of persons who express a preference in the designated manner will make • the final selection. Presenting Selection to the Arts Commission and City Commission The Arts Commission member of the art selection committee will be responsible for keeping the Arts Commission advised of each step in the selection process. He or she also will be responsible for presenting the final selection(s)to the Arts Commission. The final selection will be recommended by the Arts Commission for City Commission approval unless the Arts Commission determines that there has been sonic significant deviation from this protocol by the committee. When the selection(s)of the art selection committee is under consideration by the Arts Commission, the Arts Commission member of the committee will not be eligible to vote with the Arts Commission. Before the Arts Commission's recommendation is made to the City Commission,the artist(s)will meet with the city's legal adviser to examine the contract terms for the purchase. The Arts Commission's recommendation to the City Commission will be made at a regularly scheduled City Commission meeting. A representative of the art selection committee will announce the selection(s)to the City Commission and may introduce other committee members, introduce the artist(s), and describe the selection process. • • g2 APPENDIX P draft10/9/03 PUBLIC ART COMMISSION MEMBERS 2002-2003 Terry Plater, Chairperson Terry Plater, Associate Dean for Academic Affairs in Cornell University's Graduate School, has lived and worked in Ithaca for nine years. Trained as a professional architect and planner, she is also a practicing artist and a member of the Greater Ithaca Art Trail. Leslie Carrere, Commission Member Leslie Carrere is a graphic designer and owner of Lunamedia. She serves as art director of Training and Conditioning magazine, a national sports publication. She has also been an art teacher and holds a BFA and MA from Cornell University. Her thesis focus was "Collaborative Art with Community." She also has been active on local not-for-profit boards, currently with the Light in Winter Festival board. Sally Grubb, Commission Member Sally Grubb is an administrator for the Tompkins County Public Library Foundation. She also serves as a school board member for the Ithaca City School District and coordinates the Forest Home Chapel Craft Fair each year. A long time community volunteer, Sally also has coordinated the Ithaca Festival, created the Corner Book Store window displays and served on the Centennial Arts and Culture Committee. Barbara Mink, Commission Member Barbara Mink is a painter and member of the Greater Ithaca Art Trail and the State of the Art Gallery. Barbara is also a lecturer in the Cornell University Business School. She served for several years on the Tompkins County Board of Representatives. She is the driving force behind the upcoming Light in Winter Festival. Alan Nemcek, Commission Member Alan Nemcek is owner of Decorum, a furnishings store at 124 The Commons that features local artists' handicraft. Alan is a former music teacher and has acted on local stages for such theaters as the Hangar Theater. Susan Blumenthal, Common Council liaison Susan Blumenthal has been on the Common Council since 1996 and has served as the Council liaison to the commission since 1999. As Chair of the Planning and Economic Development Committee until 2001, Susan played a leading role in laying the groundwork for development in downtown, Inlet Island, the West End, and the Southwest areas of the city. Susan also spearheaded the ordinance changes in 1999 and 2002 that led to the writing of this plan. Her training is in city planning. JoAnn Cornish, City staff liaison JoAnn Cornish, liaison from the city staff, serves as Deputy Director of the City of Ithaca's Planning and Development Department and has been trained as a landscape architect and planner. JoAnn has been actively involved in the Ithaca Downtown Partnership's"Art in the Heart" and serves as the City's staff person for coordinating the City's permanent art collection. Richard Driscoll, Community Arts Partnership liaison Richard Driscoll is a liaison from a key partner agency, the Community Arts Partnership (CAP),the arts council for Tompkins County. He has served as CAP's executive director since 1990. An equity actor, Richard has been seen on the Kitchen, Hangar, and regional theater stages. Richard 83 Rosemarie Tucker- Re: Public art plan resolution Page 1 From: Paulette Manos To: coi:enh2 @[cornell.edu] , Alan J. Cohen , Pat Pryor, Pat Vaughan , Susan Blumenthal Date: 10/14/03 5:51 PM Subject: Re: Public art plan resolution Hi Susan, I'd like to suggest a slight change in the wording of the resolved. how about the following Resolved, that Common Council adopts the public art plan prepared by the Public Art Commission, and be it further Resolved, that future acquisitions of artwork shall be approved by CC and funding programs shall be considered by Common Council for approval. paulette CC: coi:enh2 @[cornell.edu] , Alan J. Cohen , Pat Pryor, Pat Vaughan , Susan Blumenthal , Joann Cornish , Norma Schwab , Rosemarie Tucker(...) LRosemarie Tucker- Public art plan resolution Page 1 From: Susan Blumenthal <susanb @cityofithaca.org> To: <paulettem @cityofithaca.org>, <enh2 @cornell.edu>, <patv@cityofithaca.org>, <patp @cityofithaca.org>, <mayor @cityofithaca.org> Date: 10/13/03 11:03AM Subject: Public art plan resolution Hello all, The resolution for the public art plan was inadvertently left out of the packet for Wednesday night's planning committee meeting. The resolution below is for item D6. Also, I would be happy to answer any questions in advance of the meeting; please let me know if you have any. Thanks. Susan Public Art Plan -Adoption Whereas, one of the duties of the Public Art Commission in the ordinance adopted November 2002 was"To create a public art plan for Common Council to adopt and to advise the Common Council about mechanisms for implementation of a public art program to enrich the visual and aesthetic environment of public, private and semipublic spaces within the City of Ithaca," and Whereas, Common Council authorized the hiring of a consultant to assist the commission with the preparation of a plan, and Whereas, a public art plan, which provides a broad blueprint for the future implementation of a public art program in the city, has been completed, and Whereas, the plan presents strategies and procedures for the city to implement a public art program, and Whereas, Common Council recognizes the importance of public art in enhancing the quality of life in the city and in maintaining a dynamic cultural climate, and the role that public art plays in the economic vitality of the city and broader community, now therefore be it Resolved, that Common Council adopts the public art plan prepared by the Public Art Commission and that future acquisitions of artwork and funding programs shall be approved by Common Council. CC: <thysvc @cityofithaca.org>, <joannc @cityofithaca.org>, <roset @ci.ithaca.ny.us>, <normas@cityofithaca.org> 17Na '' CITY OF ITHACA D7A vS '`^"` ' '� 108 East Green Street 3rd Floor Ithaca'New fTTl,�I:r'�T11 ) IT »�' DEPARTMENT OF PLANNING AND DEVELOPMENT H.MATTHYS VAN CORT,DIRECTOR OF PLANNING AND DEVELOPMENT DOUGLAS B. McDONALD, DIRECTOR OF ECONOMIC DEVELOPMENT JOANN CORNISH, DEPUTY DIRECTOR OF PLANNING&DEVELOPMENT Telephone: Planning & Development -607-274-6550 Community Development/IURA- 607-274-6559 Email: planning @cityofithaca.org Email: iura @cityofithaca.org Fax: 607-274-6558 Fax: 607-274-6558 To: Planning and Economic Development Committee From: Jennifer Kusznir, Economic Development Planner Date: October 8, 2003 Re: Zoning Concept Memo—Revised Waterfront District A draft of the amended Waterfront Zoning District Ordinance was sent to your August Committee Meeting and was circulated for comments. After receiving comments on the draft ordinance staff has prepared the enclosed revised ordinance. All of the proposed changes from the adopted ordinance are tracked for your convenience. The Waterfront District includes: all of Inlet Island, bounded on the west by the center line of the Flood Control Channel; on the east by the railroad tracks and the eastern edge of tax parcels fronting on the Cayuga Inlet, to the north by the tip of Inlet Island, and to the south, by the center line of Six Mile Creek. Enclosed are maps of the existing waterfront zoning and the proposed waterfront zoning. An environmental review of this action has been completed and the Full Environmental Assessment Form is enclosed. No significant environmental impacts are anticipated as a result of this action, therefore a negative declaration of environmental impact is recommended. With the committee's approval the enclosed packet will be circulated for comments and will return to the committee in November for recommendation to Council. If you have any questions on any of the enclosed materials, feel free to contact me at 274- 6410. "An Equal Opportunity Employer with a commitment to workforce diversification." ..,..ice LEA '�:;.Y•.�:.•.Y.ti • •• • CCCCG♦.GCCCC'C <C _ - _ - -- _ - -_ _ _ - ♦_<GCCG • —CG<Cttt .V. CCZGGG CG - t.000GCCGCGGGCtGG GGGG } .-2,:.V:::y:♦}i'•V is :�:`::is i:•:i:}?'.:::,..:•i:':•i : `:J e'c'c'c'c'?'�<�J'��c' r <�c:c:<<ec'C�' 8 c'�J'c'eec'�'ec'c'c'c^ec'c' o Ivc'�'ec�'c'c'c'c' 2 �c'��`ac'�c' I (.,, . ?: :•:'. .•:.V::•X.:•:}::•:'::::•:::::::::;,;.; ::::;:.,r.;::. ��C'a,. .-','�c c c N L'C'� "L' "C'C'�C' .- C'eC'c'ec'e( cc cc'eeee i cc.c'e-c'Cec€ gi cc-c'-c'-c' . ",I ;:'.' :.'. }{..S': }i..: : 3 . Recreational or cultural facility such as a park, playground, art museum, fishing pier or yacht club. 4 . Public Recreation. 5 . Boatel . 6 . Sale, rental, repair or storage of marine related recreati on equipment such as boats, marine engines, sails, cabin equipment . 7 . Light manufacture of marine recreation related products involving substantial hand fabrication such as sails, boat hulls, cabin fittings . Permitted Accessory Uses 1 . Home occupation. 2 . Boat fuel dispensing. 3 . Snowmobile sales, service, rental in conjunction with boat sales, rental or service . 4 . Signs as permitted by Sign Ordinance . Off-Street Parking Requirements - None Off-Street Loading Requirements - None (Minimum Lot) Area in Square Feet - 3 , 000 (Minimum) Width in Feet at Street Line - 30 (Minimum) Width in Feet at Waterfront - 30 Maximum Building Heights : WF-la: 0 WF-lb: 15 feet, with an additional 5 feet for cornice allowed WF-lc : 39 feet, with an additional 5 feet for cornice allowed WF-1d: 63 feet, with an additional 5 feet for cornice allowed, except 39 feet in the Waterfront Transitional Area (See Below) Maximum Stories : WF-la: 0 WF-lb: 1 WF-lc : 3 WF-ld: 5, except 3 in the Waterfront Transition Area (See Below) Minimum Building Heights : WF-la: none WF-lb: none WF-lc : 24 feet WF-ld: 36 feet, except 24 feet in the Waterfront Transition Area (See Below) Minimum Stories : 2 WF-la: none WF-lb: none WF-lc : 2 WF-ld: 3 , except 2 in the Waterfront Transition Area (See Below) Two Story Minimum: Any building constructed within the minimum 2 -story height zone (WF -lc) shall have a height of at least 24 feet or have two habitable stories covering 75% or more of the footprint of the building. Three Story Minimum: Any building constructed within the minimum 3 -story height zone (WF -1d) shall have a height of at least 36 feet or have three habitable stories covering 75% or more of the footprint of the building. Waterfront WFlb, one story, 12 15 feet with an additional 5 fcct for cornice allowed. Waterfront WF1c, minimum two stories maximum 3 stories . 12 15 feet for first story measured from grade, 12 fcct for ach additional story, with an additional 5 feet for cornice allowed. Waterfront WFld, minimum three stories, maximum 5 stories, 12 15 feet for first story measured from grade, 12 feet for ach additional story, with an additional 5 feet for cornice allowed. (Refer to Code of the City of Ithaca, Chapter 325, Zoning, Section 325 -3 .B. , Definitio ns and Word Usage, HEIGHT OF BUILDING) Maximum percent lot coverage by buildings 1 . On parcels of fifty (50) feet or less in width, 100% lot coverage allowed except as may be required for provision of pedestrian ways and protection of view corridors . 2 . On parcels with three or more boundaries greater than fifty (50) feet, 90% lot coverage allowed except as may be required for provision of pedestrian ways and protection of view corridors . 3 Yard Dimensions Front Yard - None Side Yards - None Rear Yard - 10 Feet Minimum Waterfront Transition Area: The Waterfront Transition Area shall consist of those portions of the WF-1 c and WF-1 d districts located either: ❑ Within sixty (60) feet of the outside edge of the bulkhead or from the top of the bank of the Flood Control Channel, or ❑ Within 12 feet of the outside edge of the bulkhead or the top of the bank of the Cayuga Inlet. Within the Waterfront Transition. Area located adjacent to the Flood Control Channel, no new structure shall be located nearer than forty (40) feet from the outside edge of the bulkhead or from the top of the bank of the Flood Control Channel. The first 20 feet in depth of any new structure facing the Flood Control Channel shall be a minimum of 2 stories or a minimum building height of 24 feet and a maximum of 3 stories or a maximum building height of 39 feet. Within the Waterfront Transition Area located adjacent to the Cayuga Inlet, no new structure shall be located nearer than twelve (12) feet to the top of the bulkhead or the top of the bank of the Cayuga Inlet, unless provision is made for a minimum 12-foot wide public access covered walkway with a minimum floor to ceiling height of 10-feet, along the waterfront. Minimum Height WFla 0 fcct WFlb 12 fcct WFlc 24 fcct WFld - 36 fcct Two Story Minimum: Any building constructed within the minimum 2 story height zone shall have a height of at least 24 fcct and have two habitable stories covering 75% or morc of thc footprint of the building. Thrcc Story Minimum: Any building constructed withi n thc minimum 3 story height zone shall have a height of at least 3G feet and have three habitable stories covering 75% or more of the footprint of the building. As an alternative within this zone, a building may satisfy the minimum height requirement if 75% of the building over its footprint is at least 36 feet in height and has two or more habitable stories. (Refer to Code of the City of Ithaca, Chapter 325, Zoning, Section 325 -3 .B. , Definitions and Word Usage, HABITABLE SPACE, NONHABITABLE SPACE, STORY, PUBLIC SPACE) 4 Section 4 . Chapter 325, Section 325 -16 of the Municipal Code of the City of Ithaca entitled "Height Regulations" is hereby amended to add a new subsection to be know as to read as follows : "Notwithstanding anything to the contrary con tained herein, in the WF-1 district : (1) No building shall be erected in any of the areas designated WFla on the map entitled "Inlet Island Urban Design Plan" dated July 1999 a copy of which map is on file in the Ithaca City Clerk' s Office. (2) No building shal 1 be erected that is less than two stories or greater than three stories in any of the areas designated WF1b on the map entitled "Inlet Island Urban Design Plan" dated July, 1998, a copy of which is on file in the Ithaca City Clerk' s Office. (3) No building shall be erected that is less than three stories or greater than five stories in any of the areas designated WF1c on the map entitled "Inlet Island Urban Design Plan", dated July, 1999 a copy of which is on file in the Ithaca City Clerk' s Office. (4) The restrictions contained in this section shall not apply to buildings less than 15 feet (maximum) in height, which are intended, designed and maintained as amenities for adjacent trails such as gazebos and rest rooms . (5) The restrictions contained in this section shall not apply to existing buildings within the designated areas . Such existing buildings may be maintained and repaired provided their height and footprint are not altered so as to make the buildings non -compliant with the restrictions of this subdivision. Section 6 . Chapter 325, Section 325 -20 of the Municipal Code of the City of Ithaca entitled "Off -Street Parking" is hereby amended to add a new subsection to be known as subdivision (A) (4) (c) to read as follows : " (1) Notwithstanding anything contained herein to the contrary, there will be no off -street parking requirements in the WF-1 district . Section 7 . The City Planning and Development Board, the City Clerk and the Planning Department shall amend the zoning map and the district regulations chart in accordance with the amendments made herewith. 5 Section 8 . Effective date. This ordinance shall take affect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. 6 10/8/2003 City of Ithaca Long Environmental Assessment Form Project Information by Applicant Notice: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete parts 2 and 3. Name and Location of Project: Revisions to the City of Ithaca Waterfront Zoning; District Name and Address of Applicant: Street: 108 East Green Street City/Town/Village: Ithaca State: N.Y. ZIP:14850 Business Phone: 607-274-6550 �t e ' r E vM ,,F+ '.4�' ,R'IW`T9\^ *�r 4 ` sG - G ; psis ti xy Emig _ a . I R a0E it ,.RI „`y ' g� .aY .llag. e Slate:t a __ n x,,,,i s s. •' fr 43 m < _ „,�f ti ",�,ny� Type of Project: Revision to City Zoning Ordinance Please Complete Each Question--Indicate N.A. if not applicable A. SITE DESCRIPTION (Physical setting of overall project,both developed and undeveloped areas ) 1711-m ,Frogioninliairk viz- 1'114m 4,:: *'!*,444'4444'4k,k444:444t4Sat7.,A;,,g4EM4 plikiiiiitweddedgokla IZ b a: t o � e e iiiti i ti �fE� s �, aaa,L Y/a..F.if2A�. ..�'. ,..A:,.ii i,.a,t,...�,x�x �mi".naa„ �f ,amr w,.�3 3,,,.,fi.'.> .. .,a..>3; ,,,.?s.S,., ,,,, -2. Present Land Use: lUrban Industrial X Commercial X Public Forest Agricultural Other: "c 3 4 /1"v trg R! f *Yin # S. a��� are : G� etii ie y E z l Approximate Area(Units in question 3 apply to this 'Presently After Completion y. section) b. Wooded Agil d. Wetland (as per Articles 24 of ECL) e "Wat: SurfAoe.Are P E: Page 1 of 16 10/8/2003 1-f. Public E.....__._ –4 g Water Surface Area F h. Unvegetated (rock, earth or fill) i. Roads,buildings and other paved surfaces 1 –6 i TBD j. Other(indicate type) 4a. What is predominant soil type(s) on Silty Sand project site? e.g.HdB, silty loam, etc. 4b. Percentage well drained: 100% Moderately:_well drained: Poorly drained: , 5a. Are there bedrock outcroppings on project site? NO j5b. What is depth of bedrock? (feet) — 400+1- 5c. What is depth the water table? (feet) 1-15+1- 6. Approximate percentage of proposed 100% 0-10%: % 10-15%:%0 15% or project site with slopes: greater: % 7. Do hunting or fishing opportunities IYES presently exist in the project area? 1 8. Does project site contain any species of i plant or animal life that is identified as NO threatened or endangered? i '9. Are there any unique or unusual NO landforms on the project site? (i.e., cliffs, other geological formations? 10. Is project within or contiguous to a site I NO 1 designated a unique natural area or critical Describe: environmental area by a local or state ;agency? 11. Is the project site presently used by the YES 'community or neighborhood as an open 'space or recreation area? 12. Does the present site offer or include YES scenic views known to be important to the community? 13. Is project contiguous to, or does it YES contain a building or site listed on or if Yes, Explain: The Station Restaurant is eligible for the National or State Register of listed on the national registry of historic Historic Places? places or designated a local landmark or in a YES—Station Restaurant is listedas.a local landmark district? local landmark Page 2 of 16 10/8/2003 14. Streams within or contiguous to project a. Names of stream or name of river to which area: it is tributary: 15. Lakes,ponds, wetland areas within or a. Name: Cayuga Inlet ,contiguous to project area: b. Size(in acres): 16. What is the dominant land use and P-1, R-2a, R-3a, R-2b, R-3b, B-2c, B-2d, I-1, zoning classification within a 1/4-mile M-1, WF-la, WF-lb, WF-lc, WF-Id, radius of the project? (e.g. single family WEDZ-la, WEDZ-lb, SW-2, residential, R-la or R-lb) and the scale of development (e.g. 2 story) = 17. Has the site been used for land disposal yes X No of solid or hazardous wastes? if Yes,Describe: B. PROJECT DESCRIPTION 11. Physical dimensions and scale of project(fill in dimensions as appropriate) 1. a. Total contiguous area owned by project sponsor in acres: or square feet: . N/.a 1. b.Project acreage developed: Acres initially: —6 acres AcreS.ultimately: TBD 1. c. Project acreage to remain undeveloped: acres 1. d. Length of project in miles: (if appropriate)or feet: N/A 1. e. If project is an expansion or demolition of existing building or use, indicate percent of change proposed: N/A building square footage: developed acreage: . N/A 11. f. Number of off-street patldng spaces existing:-25O+/-proposed: TB 1. g. Maximum vehicular trips generated per day: and per hour: (upon completion of project).N/A 11, h. If residential: Number and type of housing units (not structures): N/A One Family Two Family Multiple Family Condominium Initial Ultimate If non-residential, Orientation: Commercial Industrial N/A Neighborhood City Regional -- Estimated Employment N/A 1. i. Total height of tallest proposed structure: feet. Maximum allowable height under Zoning is five stories 12-15' for 1st story, 12' for each additional and 5' for a cornice. This is a total maximum of 68'. 2. Specify what type of natural material (i.e. rock, earth,etc.)and how much Will be removed from the site: or added to the site . 3. Specify what type or vegetation(trees, shrubs, ground cover) and how much will be Page 3 of 16 10/8/2003 removed from the site: acres, what type? 4 `Dill any .:A tre6 or other locally un j a t ve ettatloi e remov�t s project? � .�,,,,,,.�..,.. .......e; ___,,„,:„ -,-..,:,.... .,. .., ....�� .. .....�. ,. �.,.»as .,...r ".,,.u.,�� „..>��.,_.�„w..... - ..»„s..,,m,.�.W 5. Are there any plans for re-vegetation to replace that removed during construction? N/A 6 Tf single phase pc�ii4 t �3 tiq ed period of cone tr c • months, (including demolition. WA 7. If multi-phased project N/A y th ,., �k � �ye I s r�r f hnt .ted N �7 a;; v i ® r opases a � 7. b. Anticipated d m ate of commencement phase one month year, (including demolition) N/A c.Apparq - mpletlon date of ®'fie moat ar 1 CA 7. d. Is phase one financially dependent on subsequent phases? N/A t rill,� 'ern a _y _ �s,,, 9. Number of jobs generated: during construction after project •is completed ”. N/A 4 :c I E * i t M i l f i l-..v e fi x.,,.»u :t„B.Yz v 04 ., a pis s »,ti._ 1' 4..a- __s »,.a,,., 11. Will project require relocation of any projects or facilities? yes X No; if yes, 4,411 12. b. If yes, indicate type of waste (sewage, industrial, etc) ` � ' '" 1 _ E 9�` ..xT 3call ._° 1 L 1v 6 ! K,:;311:#4-W4+aZ}1 € ., ,'../1 x,,. 2.,>. .e .».,1, ,...x_ .ate......... ....... ,,...2,... _ »tw,»s,»...,,, a.,. .. .___... 13. Will surface area of existing lakes,ponds, streams, or other surface waterways be increased or decreased by proposal? yes X No �y o 1 q N t• ao o .� 14. b. Does .ro'ect or any portion of project occur wholly or partially within or contiguous to: L .. I Fall Creek, Cascadilla Creek, Cayuga Lake, Six Mile Creek, Silver :Creek? wlaia s li1 }� t ©r ya: c Wy e a 1 14 et o V.4440 i01 d i olo otR y •$ 14. d. If yes for a,b, or c, explain: .S a Dogs pr in 'ol �s s l oar� d pisi ° „ �... w..w...._ .,., 15.b. If yes, will an existing solid waste disposal facility be used? yes No N/A 15 c � give low NIA " F 15. d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? yes No; if yes, explain N/A 5 & Will a * hhd waste b disp�sed ofoa sit ?". ....,, . 1 if es; �I ri N/ Page 4 of 16 10/8/2003 116. Will project use herbicides or pesticides? yes No; if yes, specify N/A 7 W l eet� btuldnag o i t t on dr q e atto i t p egrst c f; ' e?lar ?!0ic Mgnated a local landt4W01 t di d sU1 t? yes - X'No, — 9Nk 18. Will project produce odors? yes No; if yes, describe N/A l9 W*ll ro)ect� duct eratii "` o se exceed the local1ambient i:use d 1`d�� f const4 �tlon7 yep Noy der const*tton 1' 20. Will project result in an increase of energy use? N/A; if yes, indicate type(s) N/A Baal at l wat r nsa a per days e le lay. So �� e,of*at 22. Zoning: � � ommart zo ' e1ass ficatlbxt of s te? .. ,.. ... ; 22. b. Current specific zoning classification of site? . WF-la, WF-lb,WF-lc,WF-ld V.ucv,✓''lli Amrbu k»„7u, Y ya 22. d. If no, indicate desired zoning . Attached revisions to existing zoning 23. a. Is any Federal permit required? NO 2. Specify �e 10:4 1 d1 + **O X N4:1tH �5, f 3 33- � v�y i%3. " z }23. c. Local and Regional approvals: (Yes- Approval Submittal Approval Date No) Required (type) Date Council Yes Adoption r BZA No P&D Board No Landmarks No BPW No Fire Department No Police No Department IURA No Building No Commissioner Page 5 of 16 10/8/2003 City of Ithaca Long Environmental Assessment Form ENVIRONMENTAL ASSESSMENT - PART 2 IMPACT ON LAND—Extent of impact TBD–See Part III - -- - . ;- -[ Can Irripact 1..Will there be an effect as a result of a.physical Small to Potential; be Reduced change to project site? Moderate ' Large by X yes no Impact [ Impact Changed I g ? Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the general slope in the project exceeds 10%. _ Y Consttrruction on land where the depth to the water table r- is s less than 3 feet. I Construction of parking facility/area for 50 or more X X vehicles. 'Construction on land where bedrock is exposed or r generally within 3 feet of existing ground surface. Construction that will continue for more than 1 year or I X involve more than one phase or stage. i Evacuation for mining purposes that would remove more than 1,000 tons of natural material(i.e.rock or soil)per year. 1 i 1 `Construction of any new sanitary landfill. 1 Clearcutting or removal of vegetation other than agricultural crops from more than one-half acre. [Construction in a designated floodway. Perman ent removal of topsoil from more than one-half acre. _ �:: '1 Other impacts: i { 12. Will there be an effect on any unique landforms Small to Potential; Can Impact found on the site?(i.e. cliffs, gorges,geological i : be Reduced 1'formations, etc.) Moderate. Large by'roject Impact Impact yes X no Change? Specific land forms: 13. Will there be an effect on any site designated as a 1 f Page 6 of 16 10/8/2003 unique natural area or a critical environmental area by: a local or state agency? yes X no 1 IMPACT ON WATER—Extent of impacts to be determined—See Part III 4. Will project affect any water body designated Can Impact Small to Potential as protected? (Under article 15 or 24 of the he Reduced Moderate Lame Environmental Conservation Law,E.C.L.) by Project es X no 1 Impact Impact Change? Dredging more than 100 cubic yards of material from channel of a protected stream. 1 Construction in a designated freshwater wetland. 1 ' Other impacts: — — — Can Impact be 5. Will project affect any non-protected existing or Small to Potential • Reduced by new body of water? 'Moderate Large X yes no Impact Impact ;1 hangeProject C ? A 10% increase or decrease in the surface area of any body of water or more than a 10,000 sq. ft. of surface 3 area. Construction, alteration, or conversion of a body of water that exceeds 10,000 sq. ft. of surface area.. 1 1 Fall Creek, Six Mile Creek, Cascadilla Creek, Silver X { Creek, Cayuga Lake or the Cayuga Inlet? Other impacts: 1 ,— r [ . 6. Will project affect surface or groundwater Small to i Potentia 7 Can Impact be quality? Moderate 1 Large ' Reduced by TBD Impact Impact I Project Change? !Project will require a discharge permit. Project requires use of a source of water that does not have approval to serve proposed project. Construction or operation causing any contamination of a public water supply system. r — -- !Project will adversely affect groundwater. 1 Page 7 of 16 • 10/8/2003 Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. Project rec nn i1ity-th `,t Id rise Ater T ri e ess o ` Odb gallons per a or 50 s,ns per „E 1 Anut��, Z M ; 3 irj yyry 3 F 3� ,. �$ AAA - f3 as ice.: ,,, :: , m �� �dla Project will likely cause siltation or other discharge'. into an existing body of water to the extent that 1; [ there will be an obvious visual contrast to natural conditions. _ E: , ry Zvi DRAINAGE—See Part III 3 rk 111 7r p rm E 1 age � a'l ° e 3 t®d t# ,'.'otentic`ll B /1 � �i fir;�li 'L c 11 4� y W�!-:;70400...,,INTIVINIMMe00 Project would impede floodwater flows. Project is incompatible with existing drainage patterns. u nr tt wa s a t E )$ fat: . r i IMPACT ON AIR y i�li # i z ,* S � is . �, � uu� �, _ �, :,, "��,�a .., _„g,� eanw »c;.. .ms w, . Project will induce 500 or more vehicle trips in any 8-hour period per day. E 1 f 3 r______, Project emission rate of all contaminants will , exceed 5 lbs per hour or a heat source producing more than 10 million BTUs per hour. 4i:rpactt { Page 8 of 16 • 10/8/2003 IMPACTS ON PLANTS AND ANIMALS E z Can Impac 9 Will project aft *neat$. ecl cr Sm U tc Pbt l endangered,speciea`I a; o� � . ceder e Lre l} Red yes no �n iCt Impact rP C '� Reduction of any species listed on the New York or Federal list, using the site, found over, on, or near site. r 41 !,!• M!!!'• .. .'i�«..:. .«.�....�. u a.£3�akuMwa ......£R "<G i k✓c......«.,.. Ik1t.6,� E .,�� .__ Application of pesticide or herbicide more than twice a year other than for agricultural purposes. __. 4/ /, 1 f �YIN es o r �l ?# : _� '1,41:0040r,'!!!!!4*,, 1 zlK Lf *< '"" .5 a 'u `.. ., �a - "., €W. IMPACTS ON PLANTS AND ANIMALS spa m '! PIR �a of f ! a �" 3� s 5E ie+1 # sir ' 9 t . 1111.‘11 itibmaszwEEEhEEE Project would substantially interfere with any resident or migratory fish or wildlife species. .456 MIR4, •1.0 ".411//1111/941//i=Ate EPERINIEEIVEMEW Vonillffitelligh/ON AtINKI/r/'AM/0 �' � -: / iti ,, vzS AMM p{ ' Other impacts: IMPACT ON VISUAL RESOURCE—See Part III the tiaj t �� v o � '``1 +Cara�`rter� ! � � sy�! tk ,\ 9` }�;Mo�tei Ex, tag* s 1R�"` a � oa � Ct Irnpaet � An incompatible visual effect caused by the introduction of new materials, colors, and/or forms in contrast to the surrounding landscane Page 9 of 16 10/8/2003 • A prajeef ily visible,nut easily screened, fiat is obviously dlffii�. m o ' !�4, �° 3X E6 ' ` f r� `ti &C�9 €e+ 3� 3 y' cam,,,, + _........ < ..,,. .: ...,, .,. ,„,,,.., ,,,,f,..Fr .,xr� 5,.,,,.,_, Project will result in the elimination or major I screening of scenic views known to be important to the area. :Other impacts: IMPACT ON HISTORIC RESOURCES—See Part III 1 A prrc 1pact ca y si a br structure Vf v y�£ 4 r,7�ad otcntial ! aC tor..`.s pre1�rtc'or33p �ioitf �rc+' f p i dry \o aeF ��° . k F �y roo est a E,, ldet 3 r c p t'y '� 3 ` I . f .wwwx... am�G�: w\Ku. .v..w._.. .� . ✓. 0«« :,s,a.1`, « .< .1: <., .. <_. _ ,s... Project occurring wholly or partially within or contiguous to any facility or site listed on or X eligible for the National or State Register of Historic Places. ! j !acttoanare .�cie lsiteorfc," £` ' SIP, i ,f�' ' !w!`'4, te�4 t ro rt slte. _ t a aa'� ,....... , - ,.� .....a,,.�,..xe.w ..,_, .sr tea.,,� .b. .un,.rn, _s..«..,,.,. .. <i ...<. ..a,.'&%��fz(,.f.,.,®,,; �n _..�" r..,�"..o. .mff£ Project occurring wholly or partially within or contiguous to any site designated as a local i X landmark or in a landmark district. Other impacts: it il IMPACT ON OPEN SPACE AND RECREATION—See Part III a fi R 64 4 lic d a A r I R f - fir o f _ 0 y 't � 1 r y % tt, �! ! n i ( €i ` ! r i t. 1 �E 3 .�rF-�-r a \\\�.° vy , 3 - a ! !! d a , e° �a R ?B F t x, e , ,� 2 s II The permanent foreclosure of a future recreational opportunity. i a tQ �redui rlit f arlobs � Other impacts: Increase in public recreational space. Page 10 of 16 10/8/2003 IMPACT ON TRANSPORTATION y E �. � e A 1114:-Wilt the h 1 � tto ei tiiall to Potential CarImpadb� ; t transp€ a s Y x b Modrate age F � �eedj rojgect ,7":-eX n `. ;t cpt ,.:.:.. s o : paa i iaet € CCh ge? Alteration of present patterns of :movement of people and/or goods. I Pro1ectwt�.t r yw , y eE ,..�.c.,J e 31 �1� h is 3 b _. 'ie �, ..",, L Project will result in [dual wheel] truck ( E traffic (three axle or more) of more than 10 vehicles per eight-hour period per day. €'€ er np1 s°g1 gm �� z _ ��s .,,�{ 'EE, :evt„€� G/4,; i' k ;IMPACT ON ENERGY P .ill 1•f! �,. t 3®�M1 1utyfs_ r / 4,G i/ ° mC ,. .gym C J ip 1 €.. gi6 0 , i?p�P _ '1.Pit,„,V%d�so- 'G'Mt E�t� rum �1 i 3a I -+.;g.:: @. 1 8 oaf, .N z r ;118#Y \„ IPy ,10.,.!,";!:'-'.2 g ti w GG& ii Project causing greater than 5% !_l_________jl increase in any form of energy used in municipality. 1�t ** 1 14111'01..474.411111! ! Lit!, i 1 k 10 1 ”�� k� ,a l 4 Gy 3 p„ r�4 _ I s1 0 d Other impacts: I l=1 ' `IMPACT ON QUALITY OF DAILY LIFE—See Part III 7@ 1 1 LIV- -1 ,�i i # 1 E t 1 1 zE a�' �! pie iiiii', 7 G ro €i a Liii E`�,. tr n.1 k a '`! a 1 1.1� 1 d 11 ° 1 - G £.G s:3 L lR k re.h c. 81 1 1 w 1 r 1 x , �t�1 1 # ! 1 ' fate i 'Li 5 'p t„ 1 • t E Y- d< 4.}11°1 111 i Ig a 1 ! ect i � to I. "� G P G 1 1 ° Blasting within 1,500 feet of a 'hospital, school, or other sensitive 1_11 11 1________]1! facility? Odra!!!:! cua rounnety(ma�e`than P hou pe day) 3 Project will produce operating noise Page 11 of 16 10/8/2003 exceeding the local ambient noise levels for noise outside of structure. Project?wil=1 r xno € !a ! -� ! ( €t f €E /k a that wouldaor a"; oien ;OthOther impacts: During any " �_.. ......__ _.... er construction there will be impacts on noise and air. ! IMPACT ON HEALTH AND HAZARDS I qI iit t €¢ ' r 7� ill p I t e bb health Stet to € E Cast hnpacf be d safety i y Moderate r o' E 'ti + d1eb ` roJect k 1111€' ,d v ko e.,, - .�. , !Project will cause a risk of explosion li li or release of hazardous substances (i.e. 'oil,pesticides, chemicals,radiation, `etc.)in the event of accident or upset 'conditions, or there will be a chronic g t CS4low-level discharge or emission. T 9 E �� rya 1e d 1„,,,10,10,1 r a 4r \ / . , tiC § �inal a an My �a 8 �: ' ' s a - t fs N E fe 4111. - i r.. 4 lOs* t! "l! ok9 �I! $ !i titti �a a it ° e,4 ' iI € P J� ev M v °te r' t ea F. E � n a� h '! Q r 8 , Storage facilities for 50,000 or more gallons of any liquid fuel. i e^E >r E �cc i �PS'a E /i_€.r �, v a f a 3 € 9 .dr ''. '. t,t'a '� 4'314' r/ L '. €�� ;41:5;74!!!;14:A.,..4,�' € v � � r �'r s 0Ilt* 1 p 2 N �i : a , .4 43 / c Y a ,,„A 1: � 1 !�� t 1 i » 1 s�4.�, od i ! , 0 ! f ! M 1`Other impacts: 11 i IMPACT GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD—See Part III i o s W� � sr er � ��� � tad '� �StI21 Go2�1II1u7�ty`� � � t� r'4 � �} � � ��� ' 4 s�,'�;E toy ±Jt C � e? irti irk k c �O'4.0t The population of the City in which the project is located is likely to grow by more than 5%of resident human ?population. – Page 12 of 16 • 10/8/2003 The ri4teipal . « �, for capital ., Ote „ia ,expenditures or p atmgservcs r , Ah5%per L3 , I ,wilncrease bye a t j -yearas .resu.t ,j , 1r ,eci i ,'; , The project will replace or eliminate fi existing facilities, structures, or areas of historic importance to the community. 45.4411` 1155al i duco ar► �v IfiN b p v t o 3 i �` g Y �y y� yyJ k t 5 5 '-Ri� arttcul i�1�p �spet ial�s t p al �` `” §Z 4 so 1::: 4 � iedk w s ootom� �� 1, A 3 :it,. ° f' �: 'Project will set an important I X(See precedent for future projects. 1 Part III) , z e ormo i snes Other impacts: L `��€ i �` 4 n l 0�att o r % "x 000 110 0 As c 1 40 0 �, a00 tf�iy, (} yA3 8 "H - f fir y N a y� si y� %� € � ' „3�� aty 3 err riff E jar 3 1 s Either government or citizens fi of adjacent communities have expressed opposition or fi rejected the project or have not been contacted. ;;:l aK A �, 6 g�' MKIiGe �� �, of ..� �,ors �� f r t fl N mo it �e re If any action in part 2 is identified as a potential large impact, or if you cannot determine the magnitude of impact, proceed to part 3. Determination Upon review of the information recorded on this EAParts 1, 2, and 3) and considering both the magnitude and importance of each i F ( mpact, it is reasonable determined that: A.The project will result in no major impacts and, il X PREPARE A NEGATIVE therefore,is one which may not cause significant DECLARATION damage to the environment. B. Although the project could have a significant effect on the environment,there will not be a significant i effect in this case because the mitigation measures PREPARE A NEGATIVE described in PART 3 have been included as part of the DECLARATION proposed project. Page 13 of 16 10/8/2003 C. The project will result in one or more major impacts PREPARE A POSITIVE that cannot be reduced and may cause significant DECLARATION,PROCEED damage to the environment. WITH EIS Date: August 14,2003 Signature of Responsible Official in Lead Agency Print or Type name of Responsible Signature of Preparer(if different from responsible Official in lead Agency: officer) Title/Position: Economic Development Planner ((Lead Agency's Name: City of Ithaca Page 14 of 16 10/8/2003 City of Ithaca Long Environmental Assessment Form—Part III Proposed Rezoning of the Waterfront Zoning District August 27, 2003 PROPOSED ACTION The action is a proposal to revise the waterfront zoning district. As with all zoning changes, any projects proposed within this zoning district must undergo separate environmental reviews. The existing waterfront zoning district was adopted by the Common Council on October 7, 1999 and includes: all of Inlet Island, bounded on the west by the center line of the Flood Control Channel; on the east by the railroad tracks and the eastern edge of tax parcels fronting on the Cayuga Inlet, to the north by the tip of Inlet Island, and to the south,by the center line of Six Mile Creek. The creation of the waterfront zone was intended to encourage land use in the Waterfront District to be mixed, consisting in part of housing, commercial, office, retail, hotel, restaurant, arts, entertainment,recreation and marine related services. The layout that was adopted included a 40-foot wide WF-1a zone (no build to accommodate the promenade), then a 100-foot wide WF-1c zone (2 story minimum, 3 story maximum building height), leaving only a small piece of land for the WF-ld zone (3-story minimum, 5-story maximum building height). The intention of the re-zoning was for larger buildings to be located on the interior of the island to protect views from the water's edge and to avoid creating a canyon effect with very tall buildings next to the promenade. After due consideration, including sketch examples, etc, staff came to the conclusion that the goal of the setback could be achieved with the modified provisions, and that the existing provisions were excessive. The proposed zoning revisions would replace certain areas of the WF-lc zone of 2-3 stories with the WF-ld 3-5 story zone. In addition, new language has been added to the ordinance that requires a 20-foot step back of 2-3stories next to the no build zone. ENVIRONMENTAL IMPACTS Impact on Land—Potentially Large Impacts Although the act of rezoning the waterfront land does not directly impact the land, any construction that occurs as a result of this rezoning may have potentially large impacts on land. Construction in this area will have to be done on land that has a depth to the water table of less than 3 feet. Also since much of the area is available for redevelopment there may be construction that continues for more than a year. Finally, depending on what projects are proposed there may be a need to construct a parking facility/area for 50 or more vehicles. All future projects will undergo separate environmental review and mitigations for these impacts will be discussed. Page 15 of 16 10/8/2003 Impact on Water and Drainage—Impacts To Be Determined The area to be rezoned is the Inlet Island, which is located within the Cayuga Inlet. Any construction that occurs in this area will likely have an impact on the water because of its close proximity. In addition, there may be impacts to the groundwater if a facility is constructed that requires the use of excess of 20,000 gallons of water per day. Finally, any new construction may have an impact on drainage patterns. Since the projects in this area are not yet known it is impossible to determine the extent of the impacts at this time. Future projects that are proposed will undergo separate environmental reviews. Impact on Visual Resources—Small to Moderate Impact The proposed zoning change is expected to have only a small to moderate effect on important views, given that the maximum allowable height in the area will not be changed. Nevertheless, this area contains important views both to and from the inlet, therefore any new construction in this area will likely impact visual resources. The extent of these impacts will need to be evaluated as projects are proposed. Impact on Historic Resources—Small to Moderate Impact The Station Restaurant, which located on Inlet Island, is registered a historic site. The action of rezoning the area is not expected to have a large impact on this site, since the allowable uses will not be changed. Any proposed construction in the area will need to evaluate the impacts on this historic building. Impact on Open Space and Recreation—Positive Impact The zoning of this area will retain a 40-foot wide open space to be developed as a public promenade along the water's edge. When this promenade is completed it will increase public recreational space and result in a positive impact to the area. Impact on Quality of Daily Life—Possible Small Impacts The action of rezoning this site is not expected to have an impact on quality of daily life in the area, however, any construction that occurs in this area will have impacts. The construction of any new buildings will likely produce operating noise that exceeds the local ambient noise. However, these impacts are only expected to be small to moderate and should subside once construction is complete. Impact on Growth and Character of the Community or Neighborhood—Small to Moderate Impact There may be a small to moderate impact on the Community, as with all zoning changes, this will set an important precedent for future projects. The impact is expected to be small to moderate because there is no proposed change in the allowed use of the site. Page 16 of 16 4o Ta 9 CITY OF ITHACA D7B •v�� '`"•'{e•' '' 108 East Green Street 3rd Floor Ithaca,New Yt i 177.1 fTT �I`fT111 :4)," DEPARTMENT OF PLANNING AND DEVELOPMENT COq .... .... •.. . H.MATTHYS VAN CORT,DIRECTOR OF PLANNING AND DEVELOPMENT !gOp�tE_ DOUGLAS B. McDONALD, DIRECTOR OF ECONOMIC DEVELOPMENT JOANN CORNISH, DEPUTY DIRECTOR OF PLANNING&DEVELOPMENT Telephone: Planning & Development -607-274-6550 Community Development/IURA- 607-274-6559 Email: planning @cityofithaca.org Email: iura @cityofithaca.org Fax: 607-274-6558 Fax: 607-274-6558 To: Planning Economic Development Committee From: Jennifer Kusznir, Economic Development Planner Date: October 10, 2003 Subject: Proposal to Amend the Southwest Area Zoning District The purpose of this memo is to provide information regarding a proposal to amend the Southwest Area Zoning District in order to allow for an alternative setback requirement for phased development. The Southwest Area Zoning District that was established by the Common Council in June of 2001, was intended to ensure large-scale development in this area, while supporting the goals set forth in the Southwest Area Land Use Plan and reinforcing the Design Guidelines for the Southwest Area, Meadow Street, and the Elmira Road Corridor. In order to meet these goals, a maximum setback requirement of 30' from the curb in SW-1 and 34 feet in SW-2 and SW-3 was created. The goal of this requirement was to create room for sidewalks, tree lawns, and landscaping, as well as future road improvements (should they be needed) and to prevent parking lots from being built between Elmira Road and the front of buildings. Now that there is actual development being implemented in the Southwest Area, staff has discovered that developers are finding it difficult to meet the setback requirement in their first phase of development. The primary reason for this is that development companies need to attract anchor tenants first so they become a magnet for other, smaller tenants. In almost every case, the anchor tenant's building is at the rear of the lot, and the out parcels, designed to house the smaller tenants, are located near the road and are designed to satisfy the setback requirement. In order to accommodate this pattern of development, if no tenant is secured for the outparcels, staff feels that it would be beneficial to allow for a 100' setback that does not allow parking. At the time of site plan approval, a phasing plan will be required and a proposal presented for the interim treatment of the 100-foot setback. This interim solution in most cases will be a landscape solution unless the developer presents another acceptable solution that the Planning Board approves as part of site plan approval. Enclosed please find a copy of the proposed new language to be added to sections 325-20 and 325- 29.2. The proposed language is underlined. With the committee's approval, an environmental review of this action will be prepared and circulated. Comments will be distributed to the committee next month for discussion and a recommendation to Common Council. If you have any questions on any of the enclosed materials, feel free to contact me at 274-6410. "An Equal Opportunity Employer with a commitment to workforce diversification." §325-29.2. Southwest District. [Added 6-13-2001 by Ord. No. 2001-6] A. General note. Any and all development projects within the SW-1 District and Sub- districts SW-2 and SW-3 shall be subject to the guidelines set forth in the Design Guidelines for the Southwest Area, Meadow Street, and Elmira Road Corridor. The design guidelines shall be implemented by the Planning Board during the site plan review (SPR) process. No building permits shall be issued until the Planning and Development Board has granted final site plan approval and all conditions of site plan approval have been met. B. Building Setback 1. SW-1: A minimum of 60% of a lot's street frontage must be occupied by a building or buildings with a maximum. The building or buildings, which occupy the front yard, may not be set back of more than 30 feet from the curb. The Planning Board may allow a portion, not to exceed a third of the required sixty- percent-building frontage, to be occupied by an integrated architectural wall 2. SW-2: A minimum of 35% of a lot's street frontage must be occupied by a building or buildings with a maximum . The-building-or buildings, which occupy not-be-set back of more than-34 feet from the curb and a minimum setback of 15'. The Planning Board may allow a portion, not to exceed a third of the required thirty-five-percent-building frontage, to be occupied by an integrated architectural wall. 3. SW-3: Same as SW-2 4. Alternative building setback in all Southwest Zoning Districts (a) In lieu of compliance with 325-29.2B(1) through (3) a building may have a minimum setback of 100' measured from the outside edge of pavement or curb, defined as the edging built along either a public or private street in order to form part of a gutter. C. Minimum store sizes 1. SW-1: Retail store size must be a minimum of 5,000 square feet, with the exception of individual freestanding structures having only one tenant, food establishments, banks and light industrial uses. A freestanding structure is considered one that has a minimum of 50 feet of separation from any other building. For buildings with multiple tenants, each retail space must be at least 5,000 square feet, except that in any one building, there may be one tenant with square footage of less than 5,000 square feet 2. SW-2: None 3. SW-3: Same as SW-1 § 325-20. Off-street parking. [Amended 2-4-1987 by Ord. No. 87-6; 8-13-1987 by Ord. No. 87-13; 4-6-1988 by Ord. No. 88-4; 7-11-1990 by Ord. No. 90-5; 9-5-1990 by Ord. No. 90-10; 1-21-1991 by Ord. No. 91-4; 8-5-1992 by L.L. No. 3-1992; 9-6-1995 by Ord. No. 95-10; 3-6-1996 by Ord. No. 96-3] A. Purpose and intent. The intent of this section is to regulate uniformly the development of off-street parking for both public and private uses. The following regulations are designed to provide adequate parking and safe vehicle movements while minimizing any detrimental effects to adjacent properties, to surrounding neighborhoods and to the environment B. Applicability. Except as specified in § 325-8, the District Regulations Chart, EN § 325- 20 shall, after the effective date, govern the creation or expansion of all off-street parking areas. The creation or expansion of certain larger off-street parking areas is also subject to site development plan review. (See Chapter 276 for the applicability of site development review.) Section 325-20 shall also govern the maintenance of all off-street parking areas C. General Requirements D. Parking in Front yards E. Requirements for new or enlarged parking areas that park a total of four or more cars on lots within residential zoning districts: F. F. Parking areas on lots in nonresidential zoning districts. Plans shall be submitted for any employee, customer and/or public parking area on a lot in a nonresidential zoning district, or for a residential parking area for four or more cars on a lot in a nonresidential zoning district, for the required building permit. The plans shall conform to the following regulations and standards, in addition to all other applicable portions of§ 325-20 G. Parking in U-1 District H. Parking in WEDZ-1 District I. Parking in Collegetown Parking Overlay Zone J. Parking the Southwest Area a. Parking Areas are not permitted in the first 100'measured from the outside edge of curb on the public right of way, unless the minimum setback requirements for the Southwest Area Zoning District have been met in accordance 325.29.2(1)through(3)