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• (11/91) DEPA Bigl James W. Hanson, Jr. Commissioner of Planning NNING Drive The Scope for the Peregrine Hollow Draft Environmental Impact Statement As determined by the Planning Board, Interested Parties, and Developer November 13, 1991 I. Cover Sheet A. Draft EIS B. Name C. Location D. Lead Agency Name, Address, and Number E. Preparer Name, Address, and Number G. Deadline for comments 7P M l74'jct� Vic. 'OT Telephone (607) 2745360 II. Table of Contents and summary Table of Contents Brief Summary A. Description B. Significant, beneficial, and adverse impacts (include synthesis of information in the report - how the project impacts the environment, community, transportation, services, etc.) C. Mitigation measures proposed D. Alternatives E. Matters to be decided III. Description of the Proposed Project A. 2. Public Need - Discussion of Market Over Time (reference Tompkins County Planning Department Housing Plan and Demographics). Discussion of value of individually owned units. A. 3. Discussion of project relation to accomplishing Town objectives a. Extension of Water and Sewer b. Relieve Development Pressure on Other Areas of Town without municipal infrastructure c. Preserve Rural Character & Environment of Other Town Lands B. Location 1. Geographic Boundaries 2. Description of access to site 3. Description of existing zoning of proposed site a. Address zoning concept of cluster versus regular layout and density b. Discussion on how to mitigate Phase I density with open space if project ends after Phase I c. Reiterate how density formula is constructed for cluster C. Design and Layout For all four phases the following issues should be addressed recognizing the detail for phases 2, 3, and 4 will be approximate and less specific 1. a. Impervious areas If �� Recycled paper • 1. b. Amount of land to be cleared - minimized 1. c. Open Space - Identified by phase totals and ownership - Open spaces, if any, that are for parking (discuss whether open space is passive, active, or both.), (e.g. wetland), (e.g. baseball field) 1. d. Landscaping, e.g. buffers 1. e. Discuss impact of project on community form (for example, does the layout foster interaction in the neighborhood?) D. Construction and Operation 1. Construction a. total period b. schedule c. future potential d. Erosion - control measures F. Approvals 2. Other permit approval of funding requirements IV. Environmental setting, V. Significant Environmental Impacts, and VI. Mitigation Measures to Minimize Environmental Impact. The above three sections will be integrated in the draft to help with continuity of thought and to reduce crossreferencing Natural Resources. A. Geology • 2. Surface a. Soil types b. Soil characteristics c. distribution of soil types d. Suitability for use 3. Topography a. description of topography at project site b. description of topography of surrounding areas B. Water Resources 1. b. groundwater - Statement that this project presumes public water use and description of supply 2. Surface Water Description of non - point source pollution (road salt, pesticides, lawn chemicals) c. description of existing drainage areas, patterns, and channels d. potential for flooding, siltation, erosion and eutrophication of water supply e. Other - discuss 1. stormwater management and eroision control 2. actual field detail determined by survey 3. improvementsas shown on drawings 4. plate on drawings showing typical site grading plans D. Terrestrial and Aquatic Ecology 3. Wetlands a. list wetland areas within or contiguous b. discuss wetland characteristics • c. how maintained Human Resources A. Transportation 1. Transportation Services a. description of size, capacity, and condition of services b. description of current level of use of services c. discuss comparable peaks to those projected for the project built out and for Phase I only d. present objective evidence of quality of life for areas where traffic has grown similarly to projected project build out, e.g. property values (there is a problem here with the definition of "quality of life." Property values are not a representation of quality of life) e. discuss how project location will cause less traffic on roads in the Town of Dryden for a similar amount of growth. (the location of the project on the Western boundary of the town answers this question.) f. discuss split of traffic on Snyder Hill Road in the east and west direction (and at intersection of Snyder Hill Road and Pine Tree Road) g. discuss Tompkins County regulation at Pine Tree Road h. discuss Town of Ithaca mitigation measures on Snyder Hill Road, if any L discuss traffic control needed at driveway & Snyder Hill or the changes recommended to Snyder Hill at that intersection j. discuss future connection of road network in project & with adjacent property 2. Public transportation a. description of current availability of service b. description of present level of use c. discuss split of automobile /transit users ( "How does design accommodate transit access and passenger amenities? e.g. bus shelter) d. discuss transit access and egress to project 3. Pedestrian environment/movement a. how will phases connect9 b. how will project connect to neighborhood9 c. what type of bike amenities will be provided? e.g. racks, compatible storm sewer grates d. will sidewalks be installed9 e. discuss possibility of connecting bike path to Route 79. 4. Other a. Discuss history of one access proposal for Phase One 1. Clarify difficulty of accessing slaterville e road 2. Discuss history of Eastern Heights park as it relates to access to this land proposed to be subdivided 3. Discuss mitigation measures proposed for one entrance. 4. Discuss alternatives e.g. Tomassini Blanpied property in town of Ithaca from foot lands in town through park 5. Discuss maintenance expense to build a second access to Snyder Hill Road as a part of Phase I. 6. Describe mountable curbs, sight distance, and potential • landscaping mitigation for the one entrance proposed. B. Land use and zoning L Existing land use and zoning • a. Description of the existing land use of the project site and the surrounding area b. Description of existing zoning of site and surrounding area. 2. Land use plans 3. Other - similarities and differences from existing land use plans C. Community Service List of existing facilities and a discussion of existing levels of usage and projected future needs. 1. educational facilities 3. fire protection (emergency services; police, medical, fire) 6. recreational facilities /open space 8. public water supply 10. sewage treatment facilities 11. mail delivery (possibility of locating near bike racks and bus shelter) 12. garbage 13. recycling 14. snow removal 15. schools 16. facilities /services for senior citizens D. Demography 1. population characteristics a. discussion of existing population parameters b. discussions of projections for population growth 2. other a. proposed population average size, crossection of population using mix and impact of similar attached ownership housing as a comparison. (description of household size and composition) Discussion of how this relates to 5% of town population over time. Some background work by Neiderkom for the town may be a ready source. F. General The following issues should be covered in the above sections or should be addressed in this area: 1. traffic 2. overall project size 3. precedence 4. town of Ithaca concerns - parkland; density; water; sewer; drainage; traffic 5. county planning concerns - traffic; intermunicipal VII. Adverse Environmental effects that cannot be avoided if the project is implemented VIII. Alternatives A. Alternative design and technology 1. site layout 2. orientation 3. technology 4. access 5. other - address why attached and detached units are not reversed on the site in Phase 1. The impacts of the attached units on the mature and steep slopes will be addressed. C. Alternative size 1. Increase or decrease size to minimize impacts. a. traditional layout according to zoning. b. attached and detached areas reversed • 2. Increase or decrease project size to correspond to market and community needs. ra. discuss lower cluster costs of housing, infrastructure, and maintenance IX. Irreversible and irretrievable commitment of resources XI. Effects on the use and conservation of energy resources D. Energy conservation measures 1. design methods to reduce fuel use for heating, cooling and lighting a. conventional technology c. efficient layout 2. indirect energy benefits (keep energy section and add utilities; area lighting, gas, electricity, orientation for passive solar) CJ • 14 -14.9 (2187) -9c 617.21 Appendix D State Environmental Quality Review Scoping Checklist The following checklist of topics is intended as a starting point for developing a detailed scope for a project- specific Draft Environmental Impact Statement. Typically, no one project will require a discussion of all the topic areas contained in this document. Through the scoping process, the list of topics should be refined to reflect issues unique to the proposed project. Topic areas may be de- leted, added or elaborated upon, to arrive at the final scoping document. The purpose of the checklist format is to iden- tify the basic topic areas of the Draft EIS. This is accomplished by reviewing the list and placing a check in the box located to the left of these topics which should be discussed. The model scoping checklist can also be used as a worksheet, including comments, suggestions and identifica- tion of the particular example(s) that are relevant to a detailed discussion of the topic or issue that has been checked. Conversely, those topics which are not checked, are issues not associated with the project and may be eliminated from discussion in the Draft EIS. The next step is to expand the list to include or elaborate on those topics unique to the pro- posed project. A blank sheet is included at the end of the checklist for such additional information. The scoping process involves several steps in addition to compiling a list of topics. Scoping also includes discussions on the quantity and quality of informaton required and the methods of obtain- ing that data. NOTE: This check list was designed to be used in conjunction with the section on scoping contained in SEQR Guideline -Draft and Final EIS's. It is also important to emphasize that this checklist should serve only as a model to assist in the scoping of a Draft EIS. It should not be used as a substitute for actively scoping Draft EIS for a specific project. I. Cover Sheet All EIS's (Draft or Final) shall begin with a cover sheet that includes: A. Whether it is a draft or final statement I SEAR B. Name or other descriptive title of the project C. Location (county and town, village or city) of the project D. Name and address of the lead agency which required preparation of the state- ment and the name and telephone number of a person at the agency to be contacted for further information E. Name and address of the preparers of any portion of the statement and a contact name and telephone number F. Date of acceptance of the Draft EIS G. In the case of a Draft EIS, the deadline date by which comments are due should be indicated 11. Table of Contents and Summary A table of contents and a brief summary are re- quired for Draft and Final EIS's. The summary should include: A. Brief description of the action B. Significant, beneficial and adverse im- pacts, (issues of controversy must be specified) C. Mitigation measures proposed D. Alternatives considered E. Matters to be decided (permits, approvals, funding) 111. Description of the Proposed Action Place a check in the box to the left of those topics to be included in the draft EIS. El A. PROJECT PURPOSE, NEED AND BENEFITS 1 . Background and history, 2. Public need for the project, and municipality objectives based on ad- opted community developments plans 3.Objectives of the project sponsor 4. Benefits of the proposed action a.) social b.) economic • • • ❑ 2. Surface water — species presence and abundance a.) location and decription of surface —age waters located on project site or —size those that may be influenced by the — distribution project — dominance examples: — community types — seasonal variation — unique, rare and endangered — quantity species — classification according to New —value as habitat for wildlife York State Department of Health — productivity b.) identification of uses and level of ❑ 2. Fish, Shellfish and Wildlife use of all surface waters a.) list of fish, shellfish and wildlife examples: species on the project site and — public /private water supply within surrounding area, including — industrial uses migatory and resident species — agricultural uses b.) discussion of fish, shellfish and — recreational wildlife population characteristics C.) description of existing drainage examples: areas, patterns and channels — species presence and abundance d. discussion of potential for flooding, — distribution siltation, erosion and eutro- — dominance phication of water supply — unique, rare and endangered ❑ C, AIR RESOURCES species ❑ 1 . Climate — productivity a.) discussion of seasonal variations ❑ 3. Wetlands and extremes a.) list wetland areas within or contiguous examples: to the project site — temperature b.) discuss wetland characteristics — humidity examples: — precipitation — acreage —wind — vegetative cover — classification ❑ 2. Air quality a.) description of existing air quality — benefits of wetland such as flood levels and erosion control, recreation examples: ❑ E. AGRICULTURAL RESOURCES —list the National and State Air 1 . Soils Quality Standards for the project a.) list soils by name, slope and soil area and the compliance status group ranking within NYS Land for each standard Classification System b.) identification of existing sources (1 NYCRR 370) or pollutants -fixed or mobile b.) number of acres within each group C.) identification of any sensitive c.) location of site on soil survey map recepters in project area examples: ❑ 2. Agricultural land management — hospitals, schools, nursing system(s) homes, parks a.) inventory of existing erosion d.) description of existing monitoring control and drainage systems program (if applicable) examples: — subsurface drain lines ❑ D. TERRESTRAL AND AQUATIC ECOLOGY — outlet /diversion ditches 1 . Vegetation —strip cropping a.) list vegetation types on the project — diversion terraces site and within the surrounding area b.) relationship of proposed action to b.) discussion of site vegetation existing soil and water conservation characteristics plans (if applicable) examples: 3 • 0 L` b.) identification of sites having c.) institute a program for monitoring potential sirTnificant archaeological water quality in adjacent wells value include results of cultural d.) require secondary or tertiary con - resource survey, if conducted tainment of products /wastes ❑ 3. Noise e.) contingency plans for accidental a.) identification of existing level of spills noise in the community f.) other: b.) identification of major sources of 2. Surface water noise a.) ensure use of soil erosion control examples techniques during construction and — airports operation to avoid siltation —major highways examples: — industrial /commercial facilities —hay bales ❑ 4. Other: — temporary restoration of vege- tation to disturbed areas V. Significant Environmental impacts — landscaping Identify those aspects of the environmental b.) design adequate stormwater setting in Section IV that may be adversely or control system beneficially affected by the proposed action and c.) construct/modify sewage treatment require discussion. facilities V1. Mitigation Measures to Minimize Environ- d.) restrict use of salt or sand for road mental Impact. and parking area snow removal Describe measures to reduce or avoid poten- e,) avoid direct discharges to surface tial adverse impacts identified in Section V. The water resources following is a brief listing of typical measures used f.) require secondary or tertiary for some of the major areas of impact. containment of products /wastes g.) contingency plans for accidental Natural Resource spills ❑ A. GEOLOGY h.) other: I . Subsurface ❑ C. AIR RESOURCES a.) use excavated material for land 1 . Air quality reclamation b.) use facility wastes (ash, sludge) for a.) assure proper construction land reclamation practices c.) other: examples: 2. Surface — fugitive dust control a.) use topsoil stockpiled during — proper operation and mainten- construction for restoration and ance of construction equipment landscaping b.) design traffic improvements to re- b.) minimize disturbance of non- duce congestion and vehicle delay construction sites c.) install and ensure the proper c.) design and implement soil erosion operation of emission odor control control plan devices d.) other: d.) initiate a program for monitoring 3. Topography of air quality a.) avoid construction on areas of steep e.) other: slope ❑ D. TERRESTRAL AND AQUATIC ECOLOGY b.) design adequate soil erosion l . Vegetation devices to protect areas of steep a.) restrict clearing to only those areas slope necessary c.) other: b.) preserve part of site as a natural ❑ B. WATER RESOURCES area I .Groundwater c.) after construction, landscape site a.) design /modify system of treatment with naturally occurring vegetation for stormwater runoff of wastewater d.) purchase open space at another prior to recharge of groundwater location and dedicate to local b.) maintain permeable areas on the government or conservation site organization 5 • • • b.) develop measures to convey cul- ❑ B. ALTERNATIVE SITES tural information to the community 1 . Limiting factors (e.g. through scientific /popular a.) availability of land reports, displays) b.) suitability,of alternative site to c.) preserve architecturally signifi- accomodate design requirements cant structures and make an c.) availability of utilities adequate permanent photographic d.) suitable market area and statistical record of those that e.) compatibility with local zoning and must be destroyed master plan d.) other: f.) compatibility with certified agri- 3. Noise cultural districts a.) schedule construction /operation g.) compatibility with regional to occur during "normal business" objectives hours minimizing noise impact h.) accessibility of site to transporta- during sensitive times (early morn- tion routes and service population ing, night) ❑ C. ALTERNATIVE SIZE b.) assure adherence to construction noise standards 1 .Increase or decrease project size to c.) design berms and landscaping to minimize possible impacts 2.Increase or decrease project size to block and absorb noise d.) other: correspond to market and community needs VII. Adverse Environmental Effects that Cannot be Avoided if the Project is Implemented Identify those adverse environmental effects in Section V that can be expected to occur regard- less of the mitigation measures considered in Section VI, VIII. Alternatives This section contains categories of alterna- tives with examples. Discussion of each alternative should be at a level sufficient to permit a compara- tive assessment of costs, benefits and environmen- tal risks for each alternative. It is not acceptable to make simple assertions that a particular alter- native is or is not feasible. Identify those categories of alternatives which should be included in the EIS by placing a check in the box located to the left of the topic. \ ❑ A. ALTERNATIVE DESIGN AND TECHNOLOG ?ES 1 . Site layout a.) density and location of structures b.) location of access routes, parking and utility routes 2. Orientation a.) compatibility with slope and drainage patterns b.) site size and set back requirements 2 . Technology a.) pollution control equipment b.) innovative vs. proven technologies 4 . Mix of activities a) addition of businesses which would affect the operational nature of the facility ❑ D. ALTERNATIVE CONSTRUCTION/ OPERATION SCHEDULING 1 . Commence construction at a different time 2. Phase construction /operation 3. Restrict construction /operation work schedule ❑ E. ALTERNATIVE LAND USE 1 . Suitability of site for other uses a.) other types of commercial uses b.) other types of industry c.) different types of housing d.) agricultural use e.) other: ❑ F. NO ACTION 1 . Impacts of no action a,) effect on public need b.) effect on private developers' need c:) beneficial or adverse environmental impacts ❑ G. OTHER: IX. Irreversible and Irretrievable Commitment of Resources Identify those natural and human resources listed in Section IV that will be consumed, convert- ed or made unavailable, for future use. X. Growth Inducing Aspects (if applicable) Describe in this section the potential growth aspects the proposed project may have. Listed on the next page are examples of topics that are typi- cally affected by the growth induced by a project. �J • 0 persons consulted in preparing the statement C. Technical exhibits (if any) at a legible scale D. Relevent correspondence regarding the projects may be included (required in the Final EIS) Additional Draft EIS Scoping Topics Indicate any additional topics for discussion in the Draft EIS. Attach additional sheets if necessary. y E and food) for remaining wildlife species b.) schedule construction to avoid sensitive periods of fish, .shellfish and wildlife cycles c,) other: ❑ E. AGRICULTURAL RESOURCES 1 . Soils a.) select /design project to avoid viable agricultural land b.) reclaim disturbed agricultural soil profiles for agricultural purposes c.) schedule activity when crops are off fields and soil is firm d.) other: 2. Agricultural land management systems a.) re-establish access drives, fence — lines and any disturbed land management systems b.) reestablish any disturbed erosion control and drainage systems c.) install soil and water management practices to restore or enhance soil drainage and stability d.) preserve open space for agricultural use e.) develop lease back arrangements to allow continued agricultural use on all or portion of site f.) other: Human Resources ❑ A, TRANSPORTATION 1 . Transportation a.) design adequate and safe access to project site to handle projected traffic flow b.) install adequate traffic control devices C.) optimize use of parking areas d.) encourage car pooling and oper- ation of facility during non -peak traffic times e.) design special routing and restricted hours for delivery truck traffic f.) other: 2. Public transportation a.) adjust public transportation routes and schedules to service the facility b.) encourage use of public transpor- tation by using incentive programs for employees or by selling tickets in facility c.) other: 6 1 . Existing land use and zoning a.) design project to comply with existing land use plans b.) design functional and visually appealing facility to set standard and precedent for future surround- ing land use c.) other: ❑ C. COMMUNITY SERVICES 1 . Police protection a.) minimize local police protection responsibilities by providing private security force b.) provide security systems, alarms for facility c.) provide equipment, funds or ser- vices directly to the community d.) other: 2. Fire protection a.) use construction materials that minimize fire hazards b.) incorporate sprinkler and alarm systems into building design c.) provide equipment, funds or ser- vices directly to the community d.) other: 3. Utilities a.) install utility services underground b.) incorporate water saving fixtures into facility design c.) incorporate energy - saving measures into facility design d.) other: D. CULTURAL RESOURCES 1 . Visual resources a.) design exterior of structure to physically blend with existing surroundings b.) minimize visual impact through thoughtful and innovative design of lighting and signs (consider: height, size, intensity, glare and hours of lighting operation) c.) design landscaping to be visually pleasing and to serve as a buffer between surrounding land uses, parking areas, operational equip- ment and facilities d.) other: 2 . Historic and archaeological resources a.) Prepare a plan, including measures to mitigate impacts to historic/ archaeological resources through data recovery, avoidance and /or restriction of project activities +.. is • • b.) develop measures to convey cul- tural information to the community (e.g. through scientific /popular reports, displays) c.) preserve architecturally signifi- cant structures and make an adequate permanent photographic and statistical record of those that must be destroyed d.) other: 3. Noise a.) schedule construction /operation to occur during "normal business" hours minimizing noise impact during sensitive times (early morn. ing, night) b.) assure adherence to construction noise standards c.) design berms and landscaping to block and absorb noise d.) other: VII. Adverse Environmental Effects that Cannot be Avoided if the Project Is Implemented Identify those adverse environmental effects in Section V that can be expected to occur regard - less of the mitigation measures considered in Section VI. VIII. Alternatives This section contains categories of alterna- tives with examples. Discussion of each alternative should be at a level sufficient to permit a compara- tive assessment of costs, benefits and environmen- tal risks for each alternative. It is not acceptable to make simple assertions that a particular alter- native is or is not feasible. Identify those categories of alternatives which should be included in the EIS by placing a check in the box located to the left of the topic. ❑ A. ALTERNATIVE rESIGN AND TECHNOLOr'ES 1 . Site layout a.) density and location of structures b.) location of access routes, parking and utility routes 2. Orientation a.) compatibility with slope and drainage patterns b.) site size and set back requirements 2 . Technology a.) pollution control equipment b.) innovative vs. proven technologies 4. Mix of activities a) addition of businesses which would affect the operational nature of the facility FA B . ALTERNATIVE SITES 1 . Limiting factors a.) availability of land b.) suitability of alternative site to accomodate design requirements c.) availability of utilities d.) suitable market area e.) compatibility with local zoning and master plan f.) compatibility with certified agri. cultural districts g.) compatibility with regional objectives h.) accessibility of site to transporta- tion routes and service population ❑ C. ALTERNATIVE SIZE 1 . Increase or decrease project size to minimize possible impacts 2. Increase or decrease project size tc correspond to market and commur needs ❑ D. ALTERNATIVE CONSTRUCTION/ OPERATION SCHEDULING 1 . Commence construction at a diffe time 2. Phase construction /operation 3. Restrict construction /operation w schedule ❑ E . ALTERNATIVE LAND USE 1 . Suitability of site for other uses a.) other types of commercial u b.) other types of industry c.) different types of housing d.) agricultural use e.) other: ❑ F. NO ACTION 1 .Impacts of no action a.) effect on public need b.) effect on private developer C.) beneficial or adverse enviror impacts ❑ G. OTHER: IX. Irreversible and Irretrievable Commi Resources Identify those natural and human r listed in Section IV that will be consumed. ed or made unavailable for future use. X. Growth Inducing Aspects (if applicable) Describe in this section the potential growth aspects the proposed project may have. Listed on the next page are examples of topics that are typi- cally affected by the growth induced by a project. l i { i vnI,. Yip r • C7 V� -WKCQ �vjo"us ANDRES DUANY Speaker ot4 THE DECLINE OF THE SUBURBS Summary of the Lecture Draft 3/12/90 A. INTRODUCTION bCl llJ<eej There are two patterns for low density urbanism: the Tradition N i hb�rhn�a • which was the model in America from the discovery to 1945, which has been the model since. They are similar n terms of accommodating p people and their activities, their principal difference being that the Suburban Sprawl model contains environmental, social and economic deficiencies which inevitably lead to no- growth policies. • Be THE TWO MODELS 1. The Traditional Neighborhood has the following physical attributes: a. The Neighborhood is limited in size so that a majority of the population is within a 5 minutes walking distance to the center. This center is often a square with the potential for a bus or rail stop, as well as a place for a corner store, and a meeting hall. b. The streets are laid out in a grid or network so there are alternate routes to every destination. c. The streets are complex, containing traffic, parking, trees, sidewalks and buildings. Both vehicles and pedestrians feel equally comfortable in them. d. There is a full hierarchy of streets with most most being relatively narrow and well - defined by the buildings along them. e. The buildings are limited in size. Their use is often interspersed, i.e. small houses, large houses, outbuildings, small apartment buildings, corner stores, restaurants and offices are compatible in size and placement. • • 0 . 0 E In addition to the streets, there are squares which contain larger shops and offices, as well as apartments. g. Civic buildings: (meeting halls, theatres,. churches, clubs, museums, etc.) are often placed along the squares and sometimes at the termination of streets so that important buildings receive important locations. 2. Suburban Sprawl has the following attributes: a. There is no limit to the scale of development and no structuring other than that provided by highways. b. Streets are usually wide and dedicated exclusively to the automobile. C. There is a high proportion of dead ends and looping of streets, with the result that most traffic is concentrated in a few collector streets which become easily overloaded. d. Buildings are so separated from the streets that no spatial definition .is possible. e. Parking lots dominate the streetscape. f. Building uses are separated and isolated i.e: shopping centers, office parks and residential clusters are inaccessible from each other. g. Housing is segregated by economic levels, with all large houses are in one cluster and townhouses are in another. C. THE CONSEQUENCES. 1. The positive results of the Traditional Neighborhood pattern are the following (there are no significant negative results ): a. By bringing most of the activities of daily living, including dwelling, shopping and working, walking distance, the elderly and the young gain independence of movement. b. By reducing the number and length of automobile trips, traffic congestion is minimized, the expenses of road construction is limited, and atmospheric pollution is reduced C, By providing appropriate building densities and concentrations, bus or rail transit becomes a viable alternative to the automobile. 2 v -7 jeYI �' 3, f..�.. ,.. CL By providing pedestrian scaled public spaces such as streets and squares, citizens come to know each other and to watch over their collective security. e. By providing a full range of housing types and work places, age and economic class are integrated and the bonds of an authentic community is formed By integrating. the various functions of daily life within neighborhoods, meaningful involvement in local decision making is facilitated g. By providing suitable Civic Buildings, democratic initiatives are encouraged and the balanced evolution of society is secured 2. The negative results of the Suburban Sprawl pattern are the following (there are no significant positive results): a. By assuming that people will drive to and from all activities, the large streets and parking lots are a self-fulfilling prophecy. The exhaust emissions resulting from such trips are the single greatest source of atmospheric pollution. b. By the construction of asphaltic infrastructure, (apart from roadways, each car generates three patches of asphalt: a. parking space at home, a parking space at work, and a parking at shopping ), the natural landscape is destroyed c. By consigning the bulk of the available budget to transportation infrastructure, the human infrastructure is starved Le: our post offices, fire stations, city halls, schools and cultural buildings are cheap and coarse compared'to those prior to 1945. d. By forbidding mixed uses, the investment of personal time in the counterproductive activity of commuting is mandatory. (A person who drives two hours a day spends the equivalent of 8 weeks a year in the car). Certain classes of citizens who suffer particularly from the pattern of Suburban Sprawl e. The lower middle class, for whom public transit cannot be economically provided because the population concentration does not exist, is forced to multiple automobile ownership. Since average yearly cost of a car which is 54,500, is the equivalent of a 540,000 mortgage payment, the exemption from multiple automobile ownership is the single most important subsidy that can be provided towards affordable housing. 3 i The young, when under the legal driving age are dependent on adults for their social needs. They are driven from schools, to which they cannot walls, and warehoused at T.V. sets until their working parents arrive home. The alternate is to have one parent committed to a lesser career as the child's chauffeur. The single family house with the yard is a good place for childhood only if it is structured as part of a Traditional Neighborhood where the child can walk to school, to the store, to the movies and to . friends. g. The elderly cannot lead an independent life once they lose their drivers' licenses. Seniors with good mobility may continue to live independently within a Neighborhood, but in a Sprawl they must be warehoused in retirement communities. D. CERTAIN IMPORTANT DETAILS. 1. Current Master Plans usually accommodate the correct balance of work places, living places, schools and open areas in what appears to be suitable proximity. However, proximity is not enough. The detailing of the streets so that pedestrians feel welcome and secure is also necessary. a. Buildings must be aligned along streets and squares streets and squares • The current fashion of staggering or rotating buildings eliminates effective spatial definition. • b. Trees along streets must also be aligned in a disciplined manner. This is particularly important for spatial definition, when large setbacks exist in residential neighborhoods. Naturalistic planting patterns should be reserved for parks and squares, not for streets and avenues. c. Parallel parking must be provided on every street. A layer of parked cars protects the pedestrian from traffic. Parking lots when they are needed must be placed to the rear of buildings to avoid gaps on the building line which destroy pedestrian continuity. High density housing (lots under 50 ft. wide) must be provided with alleys in order to avoid garage doors becoming the dominant feature of the facade. d. At urbanized intersections, the radius at the curb should not exceed 15 feet to avoid increasing the crossing distance of the pedestrian and. enhancing the potential speed of automobiles taking the turn. e. High capacity streets within urbanized areas should be avenues and not highways with cloverleaf intersections. Highways are anti- pedestrian and anti - building. Avenues are compatible with buildings and people. Highways destroy real estate value, while avenues enhance it. 0 • E. THE PROVISION OF AFFORDABLE HOUSING. 1. In a Traditional Neighborhood, affordable housing occurs naturally and in a highly integrated manner. This is achieved by the following means. a. The affordable housing, should look like the market -rate housing, using the same materials, windows and forms. It should never be segregated and never provided in large numbers. A good ratio is 1 to. 10 affordable to market rate. b. Housing should be provided above retail establishments. This type of dwelling can be provided for the cost of construction alone, as the land acquisition can be assigned to the retail component. c. Outbuildings behind houses, in the form of garage apartments or backyard cottages, should be encouraged. These small rental units provide extremely affordable housing interspersed with more expensive housing. It allows teenagers to stay at home and elderly parents to live with their families. F. SUMMARY. • Zoning codes must monitor more than traffic service levels, parking counts, the separation of building use and the safeguarding of wetlands. Effective safeguards for the human habitat in all its complexity must be incorporated as primary planning criteria. The T.N.D. Ordinance is such a provision. • G r • -a. i� i:•? s 1`•.I � � v [:�? ri I t� � r �: =' 4::, .1_ I't . a ' - ?' l 1. _ r 611 °t l_ +rll it May � , ... ..;I ... .. ?r-'y[:1•: ?r., t1r::'t;� ''f +:.!rl {: .,::;Ci'.:5.:: 1��> r. � E r Gi:' T' F:' r: r' ). r! c =. L..� !::1 I. � i 1 t.,� r. I "7 i' � ',,;: "' .:::: � ,__, • , . _. _ t :..I_ ;..1. ti:::. -.. 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I !;i (jlh l{ 1..1 "I L...!:.!!_1 {�! 7 _- r11 :. _.' .:,'.'r!'I'I :I. 1'71:3 1,_!r�l:'7 :_'!j�`''I'. l "!1 i� =,...I .1� F:I cm, 'r'I 1_ i::I -JWrl r:::!'i` t..._....r! 1 t Ij.r'.u. .L. ,.., v r,r7 r';!„ s_, , !...• _ It =a. 1...! l• !_.! ). t' I. r' .l. 1 ' ". r: ". r ' •;- i.: 'r' ! !. !. •,: ,CTS ,E:> , fn r 9 i i R 11`1!':? I- 1 °!r!1;:i1{.i.'rli= (._,.- I!..lrli.;•,, {...1;_';:?. i.1:;!'1 Ir.�l::.-a.1,i- iili":1r7':: t . s Y1 . ! 'Ik•? I !;i (jlh l{ 1..1 "I L...!:.!!_1 {�! 7 _- r11 :. _.' .:,'.'r!'I'I :I. 1'71:3 1,_!r�l:'7 :_'!j�`''I'. l "!1 i� =,...I .1� F:I cm, 'r'I +4dr1 }_! "!cir i::I -JWrl r:::!'i` s_, , !...• n I.... It 1 . t•J n It =a. 1...! l• !_.! ). t' I. r' .l. 1 9 i i R • • • The Scope for the P Draft Enivironmental as determined by the Interested Parties, November 13,1 I. Cover Sheet A. Draft EIS B. Name eregrine Hollow Impact Statement Planning Board, and Developer 991 C. Location D. Lead Agency Name, Address, and Number E. Preparer Name, Address, and Number G. Deadline for comments II. Table of Contents and Summary Table of Contents Brief Summary A. Description B. Significant, C. Mitigation me D. Alternatives E. Matters to be III.Description of t A.2.Public Need Tompkins Co and Demogra owned units A.3.Discussion beneficial, and adverse impacts asures proposed decided he -Di unt phi of Propo scuss y Pla cs). proje sed Project Ion of Market Over Time (reference nning Department Housing Plan Discussion of value of individually ct relation to accomplishing Town objectives a. Extension of Water and Sewer b. Relieve Development Pressure on Other Areas of Town without municipal infrastructure c. Preserve Rural Character & Environment of Other IL Q Town Lands T .Location ,b) 1.Geograph1c Boundaries 2.Description of access to site 3.Description of existing zoning of proposed site a. Address zoning concept of cluster versus regular layout and density b. Discussion on how to mitigate Phase I density with open space if project ends after Phase I. c. Reiterate how density formula is constructed for cluster. C.Design and Layout For all four phases the following issues should be addressed recognizing the detail for phases 2,3,and 4 will be approximate and less specific. l.a. Impervious areas l.b. Amount of land to be cleared l.c. Open Space - Identified by phase totals and ownership -open spaces,if any, that are for parking • • en YVN ❑ B . LOCATION ❑ I . Subsurface 1. Establish geographic bound ies of a.) composition and thickness of the project (use of regional nd local subsurface material scale maps is recommende examples: . Description of access to sit —depth to, and nature of, bedrock Description of existing zoning of formations and impermeable layers roposed site — occurrence of an extractive 4. ther: mineral resource ❑ C. DE IGN AND LAYOUT — usefulness as construction I . T tal site area material a.) proposed impervio s surface area b.) earthquake potential oofs, parking lots roads) ❑ 2. Surface b.) a ount of land to be cleared a.) List of soil types c.) o en space b.) discussion of soil characteristics 2. Struct res examples: a.) gro s leaseable rea (GLA), if — physical properties (indication appl able of soils hydrological (infiltration) b.) layou of buidi gs (attached, capabilities) enclo d, sep ate) — engineering properties (soil c.) site pl s and profile view bearing capacity) d.) materia stor ge — agricultural properties (soil e.) drainag pl s profile characteristics) when agri- f.) above /un a round pipelines cultural land resources are involved g.) staging a a for material handling c.) distribution of soil types at project 3. Parking site a.) pavemen a ea d.) suitability for use b.) number f s aces and layout examples: 4. Other: — agriculture El D. CONSTRU ION A OPERATION — recreation — construction I . Construe ion — mining a.) total onstruction eriod anticipated e.) other: b.) sc dule of const ction ❑ 3 . Topography c.) fu re potential d velopment, on a.) description of topography at project s' a or on adjoining roperties site d.) ther: examples: 2.0 p ration — slopes a. type of operation — prominent or unique features schedule of operation b.) description of topography of sur- c.) other: rounding area ❑ E. LOSURE AND POST CLOSUR PLANS ❑ B. WATER RESOURCES for projects of planned limited life uch as l .Groundwater landfills) a.) location and description of aquifers ❑ F. APPROVALS and recharge areas I . Required changes or variances to he examples: zoning regulations —depth of water table 2.Other permit approval or funding — seasonal variation reguirements — quality — quantity IV. Environmental Setting —flow Place a check in the box to the left of those b.) identification of present uses and topics to be included in the Draft EIS. level of use of groundwater Natural Resource examples: — location of existing wells ❑ A. GEOLOGY — public /private water supply — industrial uses �1 — agricultural uses 2 E 0 _ • C] El 2 . Surface water • — species presence and abunda ce a.) location and decription of surface —age waters located on project site or —size those that may be influenced by the — distribution project — dominance examples: — community types — seasonal variation — unique, rare and end ngered — quantity species — classification according to New —value as habitat for wildlife York State Department of Health — productivity b.) identification of uses and level of 2. Fish, Shellfish and Wil life use of all surface waters a.) list of fish, shellfi and wildlife examples: species on the pr ject site and — public /private water supply within surroundi g area, including — industrial uses migatory and re ident species — agricultural uses ) — recreational discussion of fish shellfish and wildlife popula ion characteristics C.) description of existing drainage examples: t areas, patterns and channels pr ies pre nce and abundance d. discussion of potential for flooding, — —species siltation, erosion and eutro — dominanc phication of water su I — unique, r e and endangered ❑ C, AIR RESOURCES pecies \❑ 1 . Climate producti ity a.) discussion of seasonal v iations ❑ 3. Wetla ds and extremes a.) list w Hand eas within or contiguous examples: to a pr ject site — temperature b.) discu we land characteristics — humidity exa pl — precipitation —acr a e —wind —veg ative cover ❑ 2. Air ality —clas 'fication a.) d cription of xisting air quality —ben its of wetland such as flood leve and o 'on control, recreation exam es: ❑ E. AGRICULT RA RESOURCES —list th Na tonal and State Air 1 . Soils Quality a dards for the project a.) lis soils b name, slope and soil area and t e compliance status gr up ranki within NYS Land for each a dard C ssification ystem b.) identifi tion of existing sources ( NYCRR 370 or poll tants•fi ed or mobile b.) umber of acre within each group c.) ident' ication o any sensitive c.) location of site o soil survey map rece ters in proj ct area ex pies: ❑ 2.A ricultural land man gement ospitals, school , nursing ystem(s) omes, parks ) inventory of existin erosion d. description of existi monitoring control and drainage ystems program (if applicabl examples: — subsurface drain line ❑ D. T RRESTRAL AND AQUATIC COLOGY — outlet /diversion ditche l . egetation —strip cropping a.) list vegetation types on the roject — diversion terraces site and within the surroundi area b.) relationship of proposed act n to b.) discussion of site vegetatio existing soil and water consery ion characteristics plans (if applicable) examples: D.Construction and 01-•i,r.ation 1.Construction a.total period b.schedule c.future potent al F.Approvals 2.0ther permit c-l!,proval or funding requirements IV. Environmental Sett'ng, V.Signific.ant Environmental Impacts, and VI.Mitigation Mel "ores To Minimize Environmental. impact The above three sections will be integrated in the draft to help with contin!.i'ty of thought and to reduce crossreferencing In reviewing the d!�-iment. Natural Resources A.Geology 2.Surface a.Soil. types b.Soll characteristics c.distribution of soil types d.sull.= lbility for use e.of-1:rr- Discuss Stormwater Management and Eroision Control Discuss actual field detail dtermined by survey • Discuss improvements as shown on drawings Discuss plate on drawings showing typical site grading plans 3. Topography a. description of topography at project site b. description of topography of surrounding areas B.Water Resources 1.b.Groundwater- Statemnt that this project presumes public water use and description of supply 2.Surface Water c. description of existing drainage areas, patterns, and channels d. Potential for flooding, siltation, erosion, and eutrophication of water supply D.Terrestrial and Aquatic Ecology 3.Wetlands a. list wetland areas within or continguous b. discuss wetland characteristics C • he J "Z*4 l Human Resources A. Transportation l.Transportation Services a.description of size, capacity, and condition of services b.description of current level of use of services c.Discuss comparable peaks to those projected for the project built out and for Phase I only d.Present objective evidence of quality of life for areas where traffic has grown similarly to • LJ • to projected project build out, e.g.property e.Discuss how project location will cause less on roads in the Town of Dryden for a similar of growth. f.Discuss split of traffic on Snyder the east and west direction g.Discuss Tompkins County regulation Road h.Discuss Town of Ithaca mitigation measures on Snyder Hill Road, if any. 2.Public transportation a.description of current availability b.description of present level of use c.discuss split of automobile /transit 3.Pedestrian environment 4.Other a.Discuss History of One Access Proposal For Phase One 1. Clarify difficulty of accessing Slaterville Road values traffic amount Hill-Road in at Pine Tree of service users ii. Discuss history of Eastern Heights It relates to access to this land to be subdivided iii.Discuss mitigation measures entrance. Iv. Discuss Alternatives e.g. Tomassini Park as proposed proposed for one Blanpied property in Town of Ithaca from Foote lands in Town through park v. Discuss maintenance expense to build second access to Snyder Hill Road as of Phase I. vi. Describe mountable curbs, sight potential landscaping mitigation entrance proposed. B.Land Use And Zoning 1. Existing land use and zoning a a part distance, and for the one a. Description of the existing land use site and the surrounding area b. Description of exisiting zoning surrounding area. 2. Land Use Plans of the project of site and 3. Other- Similarities and Differences From Existing Land Use Plans C.Community Service List of existing facilities and a discussion of existing levels of usage and projected future needs. 1. Educational facilities 3. Fire Protection 6. Recreational Facilities 8. Public Water Supply 10. Sewage Treatment Facilites i • ons for - ors todx CORNELL COOPERATIVE EXTENSION, DEPARTMENT OF CONSUMER ECONOMICS AND HOUSING SAMPLE ZONING DEFINITIONS TO FACILITATE HOUSING OPTIONS FOR THE ELDERLY Family: A single non- profit housekeeping unit. A single non- profit housekeeping unit sharing a common kitchen. Shared Living Residence: If the definition of "family" limits the number of unrelated individuals to no.more than N sharing a single- family home, the following definition of Shared Living Residence would permit "group" homes for the well independent elderly. A home shared by (N) or more unrelated adults sharing a common kitchen and operating on a non - profit basis but not providing personal care or skilled nursing services. A non - profit congregate living facility shared by (N) or more unrelated adults. Accessory Apartment: An additional self - contained dwelling unit on a single family lot which is subordinate to the principal one - family dwelling in size, location, and appearance with physically separate access and providing complete housekeeping facilities including kitchen, sleeping, and sanitary facilities for the exclusive use of the occupant(s). An additional self - contained dwelling unit contained within a single family residence which is subordinate to the principal one - family dwelling in size, location, and appearance with physically separate access and providing complete housekeeping facilities including kitchen, sleeping, and sanitary facilities for the exclusive use of the occupant(s). Elder Cottage (ECY10) Unit: Detached living quarters on a single - family lot subordinate in size, location and appearance to the primary residence providing complete housekeeping facilities for the CXClusive use Of the occupants. PBP 10/87 }-lousing Options for Seniors Today is a joint project of Cornell Cooperative Extension and the New York State Office for the Agin a. This project has been supported by funding from grants #90 -AM- 0147/01 and #90 -AM -0175 • aw;,rded by the U.S. Department of Health and Human Services, Office of Human Development Services, Administration on Aging (AoA). All agencies involved provide equal program and employment opportunities. Opinions expressed in this publication are those of the authors and should not be construed as representing the opinions or policies of any governmental agency or organization. Inquiries or comments should be directed to: Patricia Baron Pollak, Ph.D., Department of Consumer Economics and housing, 120 -A MVR Hall, Cornell University, Ithaca, NY, 14853. CORNELL UNIVERSITY, MARTHA VAN RENSSELAER HALL, ITHACA, NY 14853 (607) 255 -2058 i 0 • 0 G� O V U i. a 0 :ter y.� V+J ^f V �J 0 I a -o > cCSQ� :a C� ci L LL C i = = y ai O > C L W i > Come >,u L O rr 4P :7 'C L C C. cd y pn O L L , L I Z C C mime 74 u wozVo:'. J L T A G E C o o• c �— E 3 c c -- > :s c o f J •� � ' u Q U �� � 0� C C O� Q. J L n CL .J � � � � J �i • 3 J 3 G �. J. � � C � V `... T „— U J U 3 _ :, vim. _ C c. rr'••,,, •3 J U i CA _ C U en i o:L o o 3 L" c U> O C v (,Oq❑ G` C LJ PWO lot CZ LLI Q :� `. U cC3 c4'S x L d. [" .r � Z � ^� � .� 'C C•. � E-. �C.. to c Q Q O J � L U '> V i J to c Q Q I • (4) encourage the continued development and use of small homes specifically designed and built for elderly people, which include such features as easy adaptation to handicapped accessibility, safe exit features, and fire resistant construction; (5) permit (this) housing in a manner that protects the property values and character of neighborhoods by ensuring that the units are compatible with the neighborhood and are easily removable; (6) enable the elderly living in homes too large for their needs to move to more appropriate housing and thereby make larger homes available to house larger families. (Town of North East, Nib Elder Cottages are also a permitted "temporary use" in Snohomish County, Washington. Adopted in 1976 and revised in 1983, the "Purpose" as stated in that ordinance is as follows: The purpose of this chapter is to provide for certain temporary uses incidental to the principal long -term usage of property. Temporary uses are to be permitted only under the conditions set forth in this chapter and where it is found that they do not endanger public health, safety and welfare... ...Temporary dwelling upon the same or, if necessary, contiguous lot (which for this purpose shall become a part of the principal lot) as a principal dwelling for use by [here, the law specifies occupancy], where such [occupant] is to receive from, or administer to,the principal dwelling occupant continuous care and assistant necessitated by advanced age or infirmity, subject to the following minimum conditions ... (Snohomish County, Washington) • In December of 1988, the City of Torrington, CT amended its zoning regulations to allow by special permit the installation of an elder cottage on the same lot as a one - family dwelling (having a minimum lot size of 10,00 square feet.) Its statement of purpose reads: • It is the specific purpose and intent of this amendment to allow by special permit the installation of small, removable homes, known as ... on the same lots with one - family dwellings which have a minimum lot size of 10,000 square feet. Specifically, this proposal is intended to: a. permit adult children to provide small temporary residences for their aging parents who are in need of support, while maintaining as much of the independence of the two generations as possible. b. reduce the degree to which frail elderly homeowners have to choose between increasing isolation in their own homes and institutionalization in nursing homes. c. develop housing types in single - family neighborhoods that are appropriate for households at a variety of stages in the life cycle. d. permit (this) housing in a manner that protects the property values and single - family character of neighborhoods by insuring that the units are compatible with the neighborhood and easily removed. X, r, • Developing an Elder Cottage Ordinance: Zoning Provisions and Language By Patricia Baron Pollak, Ph.D. Department of Consumer Economics and Housing Cornell University ©1991, P.B. Pollak Please address correspondence to: Prof. Patricia Baron Pollak Department of Consumer Economics and Housing Cornell University 120 -D Martha Van Rensselaer Hall Ithaca, NY 14853 Tel: (607) 255 -2577 Fax: (607) 255 -0799 • s Developing an Elder Cottage Ordinance An Elder Cottage is a small, self - contained dwelling unit designed to be installed on a lot along with an existing single - family house. They are usually thought of as "temporary." Like accessory apartments, they enable older people to live independently while enjoying the support that comes from being close to other family members. The specific conditions which a local ordinance imposes will reflect the balance achieved between that community's concerns for the general welfare of all its residents and the needs and desires of those members who, in particular, will benefit from the use of them. The ordinance that imposes conditions on these units should contain a statement of purpose, a definition of an elder cottage, regulations, and, an outline of permit procedures (unless, of course, elder cottages will be included as permitted uses by right.) Statement of Purpose The community has an opportunity to make clear exactly what its purpose in permitting elder cottages is in its statement of purpose. Determination of community need may go a long way in substantiating particular provisions that follow to regulate the siting and use of the units. A statement of purpose also can provide the framework within which elder cottage units are to become an option for members of the community, setting the "tone" as encouraging, restrictive, or some combination. A strong statement of purpose, substantiated by data about a community's changing needs, will logically support the features specified in an elder cottage ordinance. The same careful consideration should precede the designation of user classes of "relatives" and "owner- occupants" for elder cottages as for any other section of the land -use ordinance. The following example is from the recently enacted (February 9,1989) amendment to the zoning chapter (Chapter 98) of the Code of the Town of North East in New York State. It is the purpose and intent of this local law to accomplish the Town's master plan objectives by allowing by special permit the installation of small, removable homes..., on the same lots with one- family dwellings, in all districts that allow one - family dwellings as a permitted principal use. Specifically, this local law is intended to: (1) foster and support extended families; (2) permit adult children to provide small, temporary homes for their aging parents who are in need of support, while maintaining as much of the independence of the two generations as possible; (3) reduce the degree to which elderly homeowners have to choose between increasing isolation in their homes and institutionalization in nursing homes; 1 0 t • (4) encourage the continued development and use of small homes specifically designed and built for elderly people, which include such features as easy adaptation to handicapped accessibility, safe exit features, and fire resistant construction; (5) permit (this) housing in a manner that protects the property values and character of neighborhoods by ensuring that the units are compatible with the neighborhood and are easily removable; (6) enable the elderly living in homes too large for their needs to move to more appropriate housing and thereby make larger homes available to house larger families. (Town of North East, NIA Elder Cottages are also a permitted "temporary use" in Snohomish County, Washington. Adopted in 1976 and revised in 1983, the "Purpose" as stated in that ordinance is as follows: The purpose of this chapter is to provide for certain temporary uses incidental to the principal long -term usage of property. Temporary uses are to be permitted only under the conditions set forth in this chapter and where it is found that they do not endanger public health, safety and welfare... ...Temporary dwelling upon the same or, if necessary, contiguous lot (which for this purpose shall become a part of the principal lot) as a principal dwelling for use by [here, the law specifies occupancy], where such [occupant] is to receive from, or administer to,the principal dwelling occupant continuous care and assistant necessitated by advanced age or infirmity, subject to the following minimum conditions ... (Snohomish County, Washington) is In December of 1988, the City of Torrington, CT amended its zoning regulations to allow by special permit the installation of an elder cottage on the same lot as a one - family dwelling (having a minimum lot size of 10,00 square feet.) Its statement of purpose reads: • It is the specific purpose and intent of this amendment to allow by special permit the installation of small, removable homes, known as ... on the same lots with one - family dwellings which have a minimum lot size of 10,000 square feet. Specifically, this proposal is intended to: a, permit adult children to provide small temporary residences for their aging parents who are in need of support, while maintaining as much of the independence of the two generations as possible. b. reduce the degree to which frail elderly homeowners have to choose between increasing isolation in their own homes and institutionalization in nursing homes. c. develop housing types in single - family neighborhoods that are appropriate for households at a variety of stages in the life cycle, d. permit (this) housing in a manner that protects the property values and single - family character of neighborhoods by insuring that the units are compatible with the neighborhood and easily removed. 2 Definition Separate from the statement of purpose, the definition describes what an "elder cottage" is in the community. The definition can be inclusive of regulatory elements, or can be quite simple, leaving the regulatory issues for the text. Although some ordinances combine the definition with regulations, and sometimes with a statement of purpose, many planners believe that these elements are best separated, thereby facilitating future amendments as needs, technology, and standards change. The following illustrate a variety of approaches. A secondary living unit is an additional dwelling unit on a single family lot which has kitchen, sleeping, and full bathroom facilities. (Concord, CA') Detached living quarters on a single - family lot subordinate in size, location, and appearance to the primary residence providing complete housekeeping facilities for the exclusive use of the occupants. (Pollak) Separate and detached living quarters, accessory to a primary residence, for the use of, and occupied by, elderly relatives of the occupants of the primary residence... (Township of Pohatcong, NJ) Separate, detached, temporary dwelling unit, with its own cooking, sanitary, and sleeping facilities, accessory to a one - family dwelling, for the use of and occupied by the elderly relatives of the occupants of the one - family dwelling. (Town of North East, NY) Separate, detached, temporary dwelling units, located behind the principal residence and in the rear half of the lot, with its own cooking, sanitary, and sleeping facilities, accessory to a one - family dwelling, for the use of and occupied by elder relatives of the occupants of the principal dwelling. (Torrington, CT) Government owned subsidized detached living quarters accessory to primary residence. Said dwelling shall not exceed the maximum of 750 square feet of floor area and shall be occupied by not more than two persons, one of whom is 60 years of age or older and has circumstances which make the person unable to live independently. (This) housing meets the need of persons who without which would be forced into institutional housing or substandard living quarters. (Township of Mansfield, NJ) '. The Concord, CA ordinance allows four types of second units. "The unit may be established through: 1) conversion of existing floor space in a single family structure; 2) an addition to an existing single family structure; 3) conversion of an existing accessory structure, provided it is located within the area allowed for principal dwellings; and 4) the construction of a new accessory structure which is located within the area allowed for principal dwellings." It provides a good example of definition with minimal restrictions. 3 A is 4. • Regulations Regulations include such items as: location; lot size; siting, assuring use as a second structure; unit size; design and construction standards; water and sewer; parking; occupancy; removal of the unit; b Location Advocates for elder cottages point out that they will never be a viable housing alternative without acceptability in urban/suburban .residential neighborhoods. The ordinances cited here open up those neighborhoods for elder cottage opportunities. Secondary living units shall be allowed in Single Family (R) Zoning Districts and in single family residential areas zoned PD (Planned District.) (Concord, CA) • ...units shall be conditionally permitted as accessory structures in any residential zone... ...units may not be constructed or erected within planned -unit or planned- unit - residential developments. (Township of Pohatcong, NJ) • ... Units may be permitted as conditional uses in any zone district provided that the following conditions are met: ... (Township of White, NJ) Lot Size and Coverage The size of the lot, upon which an elder cottage would be allowed can be specified. Each community will have to consider its lot specifications to make certain that it has not eliminated reasonable opportunities for elder cottage housing by requiring lot sizes that exist in only a few places. The property must be large enough to accommodate the unit and offer suitable space and access to utility lines. (Township of Mansfield, NJ) The minimum lot size for a principal dwelling with a ... unit shall conform to the requirements for a one - family dwelling in the district in which the ... unit will be located. Coverage of the entire lot by the... unit and the principal dwelling shall not exceed thirty percent (30%.) (Town of North East, NY) S f Minimum lot size of 10,000 square feet. The total lot coverage should not exceed 35 percent and the coverage of the rear yard shall not exceed 20 percent. (Torrington, CT) A ... unit shall not be erected on any lot unless the lot acreage be at least 15,000 square feet. (Township of Pohatcong, NJ) The lot upon which the unit is to be placed shall have a minimum lot area of at least 150% of the lot area required in the particular zone district, including any additional lot area required by the slope of the land as controlled by the provisions of...the Code. (Township of White, NJ) Siting In many areas, given the uniqueness of each lot's configuration and topography, adherence to rigid front and side setbacks can greatly inhibit the use of elder cottage units. Regulations will need to be flexible if the community is truly interested in fostering their use. Restricting placement to side or rear yards may help in gaining community acceptance. Other restrictions may also be necessary to address aesthetic and community character concerns. The secondary living unit must be located within the area of the lot allowed for principal dwellings by the Zoning Ordinance ... (Concord, CA) The unit may not be constructed within the front yard of any lot. • (Township of White, NJ) ...units shall in no case be erected within the front yard of the lot as elsewhere defined, and when erected in the side yard or rear yard, shall conform to all provisions of section 89 -25 of the Pohatcong Code, such that the outer walls of the ... unit shall be the prescribed distance from side or rear lot boundaries. (Township of Pohatcong, NJ) Assuring Use as Second Structure If it is not specified in the definition of an elder cottage, a statement can be included within the regulations to assure that the elder cottage is, in fact, a "second unit." For example: Said unit shall only be permitted on lots upon which a one single - family dwelling is located. (Mansfield Township, NJ) This section only applies to parcels which contain principal structures which have been constructed as single family units prior to the time of application for secondary living units. (Concord, CA) No accessory building or structure shall be built on any lot on which there is not a principal building or structure ... (Township of White, NJ) v 5 e • Unit Size The size of the unit itself can be-specified as either an absolute maximum (or minimum) square footage (exterior or interior) or as a proportion of the size of the primary dwelling. Said dwelling shall not exceed the maximum of 750 square feet of floor area ... (Mansfield Township, NJ) The height shall be one story (15 feet.) The floor area is not to exceed 780 square feet in the R6, R10 and R15 zones and 960 total square feet in the R40 zone. The floor area of the ... home shall not exceed one half of the area of the principal dwelling. (Torrington, CT) The total floor area of the secondary living unit shall be no less than two hundred seventy -five (275) square feet nor more than six hundred forty (640) square feet ... The secondary unit shall have no more than one bedroom. (Concord, CA) The minimum floor area of a ... unit shall be three hundred (300) square feet, the maximum floor area nine hundred (900) square feet, and the maximum height sixteen (16) feet or one story. (Town of North East, NY) Design and Construction Standards • Design criteria and construction standards can include reference to and ensure coordination with other applicable State and municipal statutes, codes, and ordinances, particularly if manufactured housing can be used to create the elder cottage? They can also include provisions to ensure easy removal of the elder cottage unit. The unit shall be clearly subordinate to the principal single family dwelling unit on the parcel by size, location, and appearance. The exterior appearance and character shall reflect the existing principal house. The unit shall meet the provisions of Section 10211A of this chapter. (Concord, CA) The unit may be manufactured housing provided that the width of the unit shall be no less than 22 feet. (Township of White, NJ) The design of the ... home shall be compatible with the principal dwelling and the neighborhood plus have a minimum width of 22 feet. The Commission shall have the right to require additional landscaping, fencing, etc. (Torrington, CT) The unit shall be constructed in accordance with all applicable laws, regulations, codes and ordinances, including the New York State Uniform Fire Prevention and Building Code. ". See American Planning Association, PAS Report No. 398, Regulating Manufactured Housing, for a discussion of • construction and appearance standards for manufactured housing as well as unit installation requirements. L i The unit shall be constructed so as to be easily removable. The unit's foundation should be of easily removable materials, such as timber pilings or cement block piers, so that the lot may be restored to its original use and appearance after removal with as little expense as possible. No permanent fencing, walls, or other structures should be installed that will hinder removal of the unit from the lot. (Town of North East, Nib Each such unit shall consist of a single dwelling not to exceed 750 square feet in interior area, on a single level, constructed so as to be readily removable...shall be constructed... in accordance with all applicable ordinances, statutes and regulations; and shall be a conditional use requiring approval as to site plan by the Planning Board, and as to all other relevant details by the Health Officer, Fire Subcode Official, and Building Subcode Official. (Township of Pohatcong, NJ) ...units shall conform to all other provisions of the ...Code as to accessory structures; may be manufactured dwelling units as elsewhere defined and regulated, provided that the width or shorter horizontal dimension of the unit shall be no less than 22 feet; ...shall be erected upon a foundation of pressure - treated wood or equivalent material which meets applicable construction codes while allowing complete removal when the need for the unit ends. (Township of Pohatcong, NJ) The ... unit shall be constructed in such a fashion as to be readily removable and shall be constructed in accordance with all applicable laws, regulations, codes and ordinances ... (Mansfield Township, NJ) The foundation for the unit shall be of treated wood or other similar material which meets all applicable construction codes but which is amenable • to complete removal when the need for the unit ends. The unit shall be constructed and removed in accordance with all applicable ordinances, rules, regulations and statutes. (Township of White, NJ) The accessibility of the unit itself might also be addressed. Since among the elderly the possibility of use of wheel chairs, walkers, crutches, and medical assistance is more probable than it is for the population at large, accommodating entry to the unit for these devices could be mandated, as well as internal modifications which would make it comfortable for the targeted population. All walkways from parking areas and from the principal dwelling to the ... unit shall be suitable for wheelchair and stretcher access. (Town of North East, NIA is 7 • • is Water -and Sewer Like all housing units, an elder cottage can add to the demands on water and sewer systems; therefore, it is prudent to assess if services such as the water supply and sewage removal system will be adequate to handle any increase in demand. ...The approval by the Health Officer of all water and sewage arrangement shall be required before the Planning Board shall act on the application. ...the ... Code is amended to permit the construction of a sewage connection from a ... unit through the sewer connection of the principal residence to which said ... unit is accessory. (Township of Pohatcong, NJ) Adequate sewage disposal arrangements must be provided for the unit, either by public sewer or on -site sewage disposal by a system approved by the...County Health Department. The Planning Board shall not act on the conditional use application until it has reviewed the County Board of Health's approval of the system. (Township of White, NJ) If the water supply is from a private source, the applicant or his or her agent shall certify that the water supply is potable and of adequate now ... The applicant or his or her agent shall certify that the sewage disposal system is adequate for the two units ... (Town of North East, NY) The means by which the elder cottage units will be serviced can also be addressed in the ordinance (along with reference to other appropriate applicable codes and ordinances.) units ... shall be provided with adequate water supply and sewage disposal arrangements, which may be the means of interconnections with the facilities of the principal residence as approved by the Code Enforcement Official and the Health Officer; ... (Township of Pohatcong, NJ) Adequate sewage disposal arrangements must be provided for the unit, either by public sewer or on -site sewage disposal by a system approved by the ...County Health Department. Adequate water supply shall be provided for the unit, either by public water supply or by a lot well, either in common with the principal dwelling on the lot or an individual well for the unit. In the event an individual well is provided for the unit, upon removal of the unit the well shall be capped. (Township of White, NJ) .�_ It is common for an ordinance to specify how many parking spaces a property must have according to some formula which will insure that vehicles can be kept off - street. The formula used to set the standard is usually based on population, housing type, and/or density. It is reasonable that this requirement be relaxed in the case of elder cottages, since it is likely that many of the people who live in these units will not own cars, relying instead on their relatives in the primary unit for transportation. It shall be disclosed at the time of application whether the inhabitants of the ... home would have a car. Additional area for parking shall be required for the expected number of cars. (Torrington, CT) Occupancy It seems logical that, if a community wants to avoid the legal pitfalls of requiring blood relationships between the occupants of the primary residence and the elder cottage', it make consideration of eligibility for occupancy an administrative matter rather than a classification within the zoning ordinance. Many of the ordinances, in place to date, however, require (what might be considered a questionable) familial relationship between the occupants of the two units. Many also include a maximum number of occupants of the elder cottage unit, and a minimum age for at least one occupant of the elder cottage sufficient to be considered by some standard "elderly."' "Ill health" or a level of dependency might also be a consideration for determining eligibility for occupancy of an elder cottage. For example: At least one resident shall be either infirmed, handicapped or elderly (over 60 years of age) ... (Torrington, CT) (The) ... unit shall be occupied by no more than two people, who shall be related to each other by blood or marriage, at least one of whom shall be 60 years of age or older and unable to live independently, and at least one of whom shall be related by blood, marriage, or adoption to one or more of the persons residing in the principal dwelling associated with the said ... unit.(Township of Pohatcong, NJ) At the time the special permit is issued, at least one intended occupant of the ... unit must be at least 62 years of age, and any other occupant must be at least 55 years of age. Subsequently, if the occupant who is 62 no longer occupies the ... unit, and all other conditions continue to apply, the permit may be renewed for the other occupant, even if the person is less than 62 years of age. (Town of North East, NY) In Mansfield, NJ, in addition to other restrictions about the occupants, there is a financial constraint: A single occupant must have an annual income of less than $24,000.00; the combined income for two occupants must be less than '. A number of court decisions have addressed the biological/legal requirement of the family definition for zoning purposes. For a complete discussion of this topic see: See Pollak, P. B. and A. N. Gorman, Community Based Housing for the Elderly: A Zoning Guide for Planners and Municipal Officials, American Planning Association, Chicago, IL, PAS Report #420, December, 1989; and, Pollak, P.B. "Zoning Matters in A Kinder Gentler Nation: Shared Residences for the Elderly ", forthcoming in Public Law Review. i. I. ". See Pollak, P. B. and A. N. Gorman, Community Based Housing for the Elderly: A Zoning Guide for Planners and Municipal Officials, American Planning Association, PAS Report #420, December, 1989 for a discussion of court decisions relating to zoning for "the elderly." • 9 4 i $28,080.00. This information must be submitted by Affidavit with the preceding year Federal Income Tax Return attached thereto. (Mansfield Township, NJ) The following is an example of an ordinance that specifies that the owner be an occupant of either the primary dwelling or the newly developed unit. Both units shall be occupied as separate single family dwellings only if the legal owner occupies one (1) of the units; otherwise the two (2) units shall be occupied as if they were one (1) single family dwelling. Nothing in this section prohibits one 1 or both of the dwelling p () units remaining vacant. The City shall require recordation of a deed restriction setting forth this occupancy requirement. (Concord, CA) An ordinance might call for the issuance of a permit specifying the names of the units occupants. The special permit shall be issued to the owner of the principal dwelling and lot, specifying by name the occupants of the ... unit. (Torrington, CT) And, a temporary certificate of occupancy can include provisions for periodic renewal to insure that the criteria required continue to apply to the unit's occupants. This special permit must be renewed on an annual basis by the • granting of a license by the Zoning Enforcement Officer. An affidavit shall be submitted with the license renewal request indicating who is residing in both the (unit) and the principal home. (Torrington, CT) • Removal of the Unit An essential aspect of an elder cottage is temporary tenure; it is not intended to become part of the permanent housing stock in a community. An ordinance can describe when the unit is no longer in compliance as well as the procedure for its removal: A ... unit shall be removed from the premises upon the death of the dependent occupant for whom permitted, unless the other occupant (if there be such) and the resident in the principal dwelling specifically request from the Planning Board a continuation of the permit; or upon a permanent change of residence of the said occupant or occupants. Removal shall be completed within 90 days of such event. The site shall be restored so that no visible evidence of the unit remains. (Township of Pohatcong, NJ) The unit shall be removed upon the death of the original. occupant who was unable to live independently or upon a permanent change of residence by that person. Continuous absence from the unit of that person for a period of 90 consecutive days shall be considered to be permanent change of residence. (Township of White, NJ) 1A f The ordinance can promote removal of the unit on a timely basis by stipulating penalties, the imposition of a lien on the property to cover the costs of removal, or the posting of a bond to be of sufficient size and duration to cover any costs of removal not paid for by the owner. A community should fully take into account what is the most effective means of enforcement given its resources. The special permit shall terminate upon the death of or permanent change of residence of the original occupant or occupants of the...unit. It shall be a requirement that the unit be disassembled or a new special exception applied for. A bond in the amount of $5,000.00 shall be posted to insure the unit's removal. (Torrington, CT) The special permit shall terminate ninety (90) days after: 1) the death or permanent change of residence of the original occupant or occupants of the...unit, or 2) any of the occupancy requirements set forth in...are no longer met. During this ninety (90) day grace period, the...unit shall be removed and the site restored so that no visible evidence of the...unit and its accessory elements remains. If the...umt has not been removed by the end of this grace period, in addition to the existing sanctions in the zoning ordinance, actions to ensure removal may be taken, including removal and salvage by the Town with a lien imposed to defray any costs incurred. (Town of North East, NY) Permit Procedure Permit procedures should be very simple and straightforward. The permit procedure informs residents of the community about eligibility and what is expected of an applicant. A ... unit shall be permitted only upon application to the Planning Board by the owner of the property upon which the principal residence unit associated with the said ... unit is located... Notwithstanding any other provisions of the ... Code, a site plan for the construction of a ... unit shall be submitted to the Planning Board for approval prior to the issuance of any permit by any Code Enforcement Official. The approval by the Health Officer of all water and sewage disposal arrangements shall be required before the Planning Board shall act on the application... The applicant for permission to construct a... unit may submit a sketch plan, which shall be to scale, showing the location of all existing or proposed buildings, structures, drives, walkways, and the layout of utility services, including proposed water and sewer connections, plus landscaping and screening if such are contemplated. Said sketch site plan shall be endorsed in writing by the government agency which will own or provide the...unit. The said sketch shall be in sufficient detail and shall be submitted in sufficient numbers of copies to adequately inform the Planning Board concerning the proposal. The said plan shall be reviewed by the Planning Board and Board Engineer. The said Engineer shall determine completeness. Applicable design guidelines set forth in ... the ... Code shall guide the applicant in developing the site plan and the Board Engineer in reviewing it. No fee shall be required for submittal or review of such site plan. The application • 11 j • • shall not be deemed complete until approved by the Health Officer, Fire Subcode Official, and Building Subcode Official. (Township of Pohatcong, NJ) N10 I I I u Regulations can address a wide variety of a community's concerns about elder cottages. Each should be carefully considered in concert with the need in the community that led to the consideration of the units in the first place and possible means to overcome anticipated negative effects. For example, a dense siting of such units could be seen to compromise neighborhood integrity. Although one approach to control density might be a requirement for larger than usual lot sizes, such a restriction could result in only rural and very low density areas as eligible sites; then, as was mentioned above, elder cottage units will never be a real alternative for housing many elderly. If these units are to be more widely permitted, the community could allow up to a limited number at any one time and/or require a finding that the additional unit will not place a burden on public services by its existence as a condition of receiving the permit. A concern about the continued attractiveness of the neighborhood could result in a provision that the aesthetics of the unit would not violate it. To this end, visual and/or architectural compatibility could be required along with design and site review as part of the application process. No matter how thorough an articulation of community concerns is included in the conditions necessary for a permit, some communities might feel more comfortable with an escape clause which allows consideration of "other relevant factors" along with everything else. Many regulations include a public hearing in the process of applying for a special permit. This requirement can include the notification of all neighbors, who then have an opportunity to voice concerns. In some situations the seeker of the permit can accomplish a great deal toward obtaining the support of the neighbors by taking the time to speak to them individually and to let them know exactly what is being proposed. If a community has a commitment to seeking workable solutions to the problems of housing its elderly, keeping the population of nursing homes and other institutions as low as possible, and allowing families to have their elderly members spend their remaining time near the people they love and who love them, then the use of the elder cottage unit deserves serious consideration. The fact that the structure is there for a temporary period should reassure a community that it is an idea which can be tried with no fear of not being able to terminate it as an option if it has deleterious effects. One option might be to have a spec period during which time - limited permits would be granted. This "demonstration" period would provide the opportunity to examine how allowing elder cottages could work in the community and to determine if the controls in the regulation are sufficient to address all the concerns of the community. Once it can be demonstrated that fears about second units are either unfounded or can be controlled, elder cottages can be viewed as presenting a viable alternative for meeting the housing needs of a changing population. 12