PEDC Meeting Planning and Economic Development Committee Ithaca Common Council

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1 PEDC Meeting Planning and Economic Development Committee Ithaca Common Council DATE: February 10th, 2016 TIME: 6pm LOCATION: 3 rd Floor City Hall Council Chambers Item AGENDA ITEMS Voting Presenter(s) Item? Time Start 1) Call to Order/Agenda Review 2) Public Comment and Response from Committee Members 3) Special Order of Business a) Public Hearing Temporary Mandatory Planned Unit Development for the Waterfront b) Public Hearing Changes to Cell Tower Ordinance c) Presentation Brindley Street Bridge 4) Announcements, Updates, and Reports 5) Action Items (Voting to send on to Council) a) Request for Neighborhood Incentive Improvement Fund for South Hill Civic Association Website b) Temporary Mandatory Planned Unit Development for the Waterfront c) Street Level Active Uses 6) Action items (Approval to Circulate) a) Backyard Chickens Pilot Program b) Proposed Small Revisions to PUD Ordinance 7) Discussion a) Changes to Cell Tower Ordinance b) Cayuga Watershed Restoration and Protection Plan 8) Review and Approval of Minutes a) January ) Adjournment Seph Murtagh, Chair Addisu Gebre, City Bridge Engineer Megan Wilson, Planning Jennifer Kusznir, Planning Jennifer Kusznir, Planning Josephine Martell, Common Council Jennifer Kusznir, Planning JoAnn Cornish, Planning Director Cynthia Brock, Common Council 6:00 6:05 6:30 7:00 7:10 7:15 7:45 8:00 8:10 8:15 8:30 8:45 8:50 If you have a disability and require accommodations in order to fully participate, please contact the City Clerk at by 12:00 noon on Tuesday, February 9th 2016.

2 CITY OF ITHACA 108 East Green Street, Ithaca, New York OFFICE OF THE CITY ENGINEER Telephone: 607/ Fax: 607/ MEMORANDUM TO: FROM: Planning & Economic Development Committee Addisu Gebre, Bridge Systems Engineer DATE: January 28, 2016 RE: Brindley Street Bridge Replacement Project (CP#764) City of Ithaca s Department of Engineering staff and engineers from Delta Engineers, Architects, & Land Surveyors will present Brindley Street Bridge Replacement project s objectives and alternatives being considered.the presentation will be followed by questions and discussion session. I have also attached a draft resolution for your consideration and additional project related materials for your information. And you can also access the project s Draft Design Projects Description: The Brindley Street Bridge Replacement Project will involve the replacement of the single span, single lane multiple steel girder bridge carrying Brindley Street over the Cayuga Inlet, including necessary approach work. The project objectives are to: Replace the existing single lane structure on Brindley Street with two lane structure with accommodation for bicyclists and pedestrians; Restore the crossing to a condition which provide a minimum 75 year service life, using cost effective techniques to minimize the life cycle cost of maintenance and repair; and Address geometric deficiencies and improve safety at the intersections of Brindley Street/West State Street and West Seneca Street. Bridge design alternatives considered for the project are: Bridge Alternative 1 Brindley Street Bridge replacement on existing horizontal alignment: This alternative will replace the existing single lane structure on Brindley Street with a two lane structure with a span length of approximately 88 in the same location, shifting the alignment of

3 Brindley Street slightly to better fit within the existing right-of-way and avoid unnecessary impacts. Bridge Alternative 2 New roadway and bridge construction on relocated horizontal alignment: This alternative will involve the relocation of Brindley Street by connecting Taber Street with the West State Street/Taughannock Boulevard intersection where a City of Ithaca parking lot currently exists. A new bridge will be constructed on the proposed roadway to carry traffic over the Cayuga Inlet and the existing Brindley Street roadway and structure will remain (with appropriate improvements) and be utilized for pedestrian traffic. If you have any questions, please contact me at (607) or agebre@cityofithaca.org Page 2 of 2

4 Bindley Street Bridge Rehabilitation Project Design Alternative and Environmental Review Lead Agency Decision-Draft Resolution WHEREAS, the existing Brindley Street Bridge ( the Bridge ) is a single span, single lane multiple steel girder bridge carrying Brindley Street over the Cayuga Inlet, and WHEREAS, Brindley Street Bridge Replacement Project ( the Project ) involves the replacement of the Brindley Street Bridge with two lane structure with additional accommodations for bicyclists and pedestrians including necessary approach and intersection improvement, and WHEREAS, two possible alternatives for the replacement of this bridge are being considered: Bridge Alternative 1,which includes replacement of the bridge in its existing alignment and Bridge Alternative 2,which would include the construction of new roadway and bridge on a relocated horizontal alignment that would connect Taber Street with the West State Street/Taughnnock Boulevard intersection, and WHEREAS, the alternatives for reconstruction of the Bridnley Street Bridge were presented to the City Planning Board on September 23, 2014, and WHEREAS, the Planning Board prepared a memo in support of Bridge Alternative 2, which would realign the bridge with Taughannock Boulevard, stating that this would improve a problematic intersection, and WHEREAS, the alternatives for reconstruction of the Bridnley Street Bridge were presented to the City Board of Public Works on September 22, 2014, and WHEREAS, on October 6,2014, the Board of Public Works voted on a resolution in support of Bridge Alternative 2, which would realign the bridge with Taughannock Boulevard, and WHEREAS, on February 8, 2016, the Board of Public Works voted on a resolution that notify the Board s intent to act as a lead agency for environmental review of the project focused on Alternative 2; now, therefore be it RESOLVED, that the Common Council hereby accepts the recommendation of both the Board of Public Works and Planning Board to proceed with developing a detail design for Brindley Bridge Alternative 2;and,be it further RESOLVED, that the Common Council hereby concur with Board of Public Works on its intention to act as a lead agency for the environmental review of the project focused on Alternative 2 ;and, be it further RESOLVED, that, contingent upon environmental review outcome, the Common Council here by authorizes the Superintendent of Public Works to proceed with the design of Brindley Street Bridge replacement on relocated horizontal alignment and new roadway construction (Bridge Alternative 2).

5 ID Task Name Action Items Duration Start Finish 1 2 Site Plan and Environmental Review Process for Brindley St Bridge Project 152 days? Mon 1/25/16 Tue 8/23/16 0, Jan 3, '1Jan 17, ' Jan 31, 'Feb 14, Feb 28, 'Mar 13, Mar 27, Apr 10, 'Apr 24, 'May 8, ' May 22,Jun 5, '1Jun 19, 'Jul 3, '16Jul 17, '1Jul 31, '1Aug 14, F T S W S T M F T S W S T M F T S W S T M F T S W S T M F T S W S T M F T S W S T M F T S W S T M F T S W S T M F T S W 3 4 Board of Public Works (BPW )Project Presentation (tify Common Council) 5 BPW notification of the board's intent to act as a lead agency for environmental review Presentation materials 1 day Mon 1/25/16 Mon 1/25/16 Prepare resolution 45 days Mon 2/8/16 Fri 4/8/16 6 Provide documentation to involved and interested agencies for their input and request their concurrence on Lead Agency. Planning Board,BPAC,CC,DAC,CAC,DEC/ACOE,DOT,the County are considered involved or interested agencies for this project. Ask Council Members to reach out to businesses and attendees of last meeting 44 days Tue 2/9/16 Fri 4/8/16 7 Planning Committee discussion (BPW Lead Agency intent and Environmental Review focused on Alt#2) and public information meeting. Draft resolution for review and project materials 1 day Wed 2/10/16 Wed 2/10/16 8 Planning and Development Board Project Review Prepare sketch plan,resolution (PB concurrence on BPW Lead Agency intent) and project materials 1 day Tue 2/23/16 Tue 2/23/16 9 Planning Committee concurrence for Lead Agency Prepare Resolution 1 day Wed 3/9/16 Wed 3/9/16 10 Planning and Development Board Project concurrence Prepare Resolution 1 day Tue 3/22/16 Tue 3/22/16 11 Common Council concurrence on BPW Lead Agency intent and Env. Review focused on Design Alt.#2) Prepare resolution 1 day Wed 4/6/16 Wed 4/6/16 12 Declaration of Lead Agency status and beginning of environmental review Prepare resolution to declare lead agency and FEAF. 45 days Mon 4/11/16 Fri 6/10/16 13 Planning Board discussion of environmental review FEAF 1 day Tue 4/26/16 Tue 4/26/16 14 Planning Board environmental review final comments Written Comments 1 day Tue 5/24/16 Tue 5/24/16 15 Board of Public Works Environmental review decision Prepare resolution for environmental determination 16 Site Plan review process Prepare SPR application documentation 1 day Mon 6/13/16 Mon 6/13/16 41 days Tue 6/28/16 Tue 8/23/16 17 Dir. of Engineering Services sign Design Report on August 1st 0 days Mon 8/1/16 Mon 8/1/16 8/ NB:The durations are working days. Project: Bindley St Bridge Project- Date: Thu 1/14/16 Task Split Milestone Summary Project Summary External Tasks External Milestone Inactive Task Inactive Milestone Inactive Summary Manual Task Duration-only Manual Summary Rollup Manual Summary Start-only Finish-only Deadline Progress Page 1

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9 CITY OF ITHACA 108 E. Green St. Third Floor Ithaca, NY DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT Division of Planning & Economic Development JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT PHYLLISA DESARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT Telephone: Planning & Development Community Development/IURA TO: From: RE: Planning & Economic Development Committee Megan Wilson, Senior Planner Neighborhood Improvement Incentive Fund DATE: February 2, 2016 Attached is an application for the Neighborhood Improvement Incentive Fund (NIIF) from the South Hill Civic Association. The South Hill Civic Association is seeking funding to support the creation of an association website. The group currently holds monthly meetings, maintains an active listserv, and will use the website to further its goals of communicating with South Hill residents. The intent of the Neighborhood Improvement Incentive Fund is to supplement community efforts to strengthen Ithaca s neighborhoods. In past years, the fund has supported a wide range of projects, including but not limited to neighborhood cleanups, plantings in public spaces, neighborhood events (such as block parties and area-wide reuse events), and neighborhood meetings. Funded projects or events must benefit the general neighborhood and should encourage volunteerism and neighborhood solidarity.

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13 Planning & Economic Development Committee February 10, 2016 RESOLUTION: Request for Neighborhood Improvement Incentive Funds for the South Hill Civic Association Website WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, the City of Ithaca Common Council established the Neighborhood Improvement Incentive Fund in 1995 to provide financial assistance to city residents seeking to improve the quality of life in their neighborhoods, and the fund is intended to support residents' interest in community improvement and to encourage, not replace volunteerism, and the funds are intended to be used for projects or events that provide a general neighborhood benefit and not for the limited benefit of individuals or a select few residents, and activities specified by the Common Council as eligible for the funding include but are not limited to neighborhood clean-ups, plantings in public places, and neighborhood events like neighborhood block parties or meetings, and neighborhood groups are required to submit a completed application specifying other project donations, estimated volunteer hours, estimated costs to be covered by the fund and signatures of residents in the immediate neighborhood, and to streamline the process the Common Council has delegated authority to approve applications to the Planning & Economic Development Committee, and each neighborhood group is eligible to receive up to $300 per year as a reimbursement award payable on the submission of original receipts or invoices for approved activities, and the City cannot reimburse residents for sales tax expenses, and on behalf of the South Hill Civic Association (SHCA), John Graves has submitted an application for reimbursement funds to off-set $ in expenses from the creation of the SHCA s website, and the creation of the SHCA website will further the group s efforts to communicate with diverse groups of residents and encourage their involvement in neighborhood activities; now, therefore, be it RESOLVED, that the Planning and Economic Development Committee approves the funding request from John Graves in the amount of $ for reimbursement upon presentation of original invoices and/or receipts.

14 To: To: To: To: Svante Myrick, Mayor Michael Thorne, Superintendent of Public Works Common Council Conservation Advisory Council (CAC) Julie Holcomb, City Clerk Planning & Development Board Aaron Lavine, City Attorney Phyllis Radke, Director of Zoning Administration Board of Zoning Appeals (BZA) Mike Niechwiadowicz, Director of Code Enforcement JoAnn Cornish, Director of Planning & Development Edward Marx, Tompkins County Commissioner of Planning From: Jennifer Kusznir, Economic Development Planner Date: January 26, 2016 CITY OF ITHACA 108 East Green Street 3rd Floor Ithaca, New York DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT Division of Planning & Economic Development JOANN CORNISH, DIRECTOR OF PLANNING & ECONOMIC DEVELOPMENT PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT Telephone: Planning & Development Community Development/IURA Fax: Fax: Re: Proposal to Create Temporary Mandatory Planned Unit Development (TMPUD) Zoning District in Waterfront Study Area The purpose of this memo is to provide information regarding a proposal to create a Temporary Mandatory Planned Unit Development (TMPUD) Zoning District. In September 2015, the Common Council adopted Plan Ithaca, as Phase I of the City of Ithaca s Comprehensive Plan. In vember 2015, the Planning and Economic Development Committee directed Planning staff to begin working on a waterfront development plan as a part of the next phase for the Comprehensive Plan. The existing developable land along the City s waterfront is currently zoned WF-1, WF-2, SW-2, P-1, and I-1. Since this planning effort will likely result in changes in the zoning requirements in this area, the City is considering rezoning the entire area to a Temporary Mandatory Planned Unit Development (TMPUD) zone, until a plan for the waterfront is completed. A map of the proposed waterfront study area is enclosed. In 2014, the City adopted a floating PUD that could be used in any I-1 zoning district. The PUD is a tool intended to be used to encourage mixed-use or unique single-use projects that require more creative and imaginative design of land development than is possible under standard Zoning District regulations. A PUD allows for flexibility in planning and design, while, through the process of review and discussion, ensuring efficient investment in public improvements, a more suitable environment, and protection of community interest. However, a PUD also requires the applicant to work with the Common Council to determine appropriate development of a site. Since the zoning in this area is in a transition period, having Common Council oversight on any potential development plans will allow for appropriate redevelopment of this site that will take into consideration the work being done on the plan for this area. A draft ordinance and an Environmental Assessment Form for this action are also enclosed. The Planning and Economic Development Committee will consider the proposed zoning amendment at its regularly scheduled meeting on February 10, Your comments are respectfully requested prior to this meeting. If you have any questions, please feel free to contact me at

15 ORDINANCE NO. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that the City does hereby establish a Temporary Mandatory Planned Unit Development (TMPUD) District for the Waterfront Study Area as follows: Section 1. Chapter 325 of the City of Ithaca Municipal Code is hereby amended to add the following section: Temporary Mandatory Planned Unit Development (TMPUD) District A. Declaration of Legislative Authority. This Planned Unit Development (PUD) Ordinance is being enacted pursuant to the authority established in the New York State General City Law 81-f. B. Purpose and Intent. A Temporary Mandatory Planned Unit Development District (TMPUD) is hereby established, for a period up to 18 months from the effective date of this ordinance, it being the intent of the Common Council that during that time the City will adopt land use regulations to implement a waterfront plan, the adoption of which regulations shall repeal this ordinance, or shall amend this ordinance to render the TMPUD non-mandatory. The purpose of this TMPUD is to provide the Common Council with transitional oversight for potential development projects in order to ensure that development in the waterfront study area supports the goals of the City s Comprehensive Plan, which may differ from the pre-existing zoning in this area. This is intended to allow the Common Council a reasonable period of time in which to establish a plan for the waterfront study area and to adopt compatible zoning standards. Under this ordinance, the Common Council intends to employ the recommendations established in the Comprehensive Plan when determining whether to approve a proposed development in the waterfront study area. The TMPUD will mandatorily apply to proposals for new construction or for development proposals that will change an existing building footprint by more than 50%, but shall not apply to any other construction or development, which shall remain subject to otherwise-applicable zoning ordinance. C. Background. 1. In September of 2015, the Common Council adopted Plan Ithaca, as Phase I of the City of Ithaca s Comprehensive Plan. This plan identifies the desired future land uses in the City, as well as areas where development is anticipated and encouraged, identifying community goals and recommendations for achieving these goals. 2. On August 17, 2015, the City of Ithaca Comprehensive Plan Committee submitted a written recommendation to the City that included developing a

16 plan for the waterfront as a priority for the next phase of the City s Comprehensive Plan. 3. In vember of 2015, the Planning and Economic Development Committee of the Common Council directed Planning Staff to begin working on a waterfront development plan as a part of the next phase for the Comprehensive Plan. The existing developable land along the City s waterfront is currently zoned WF-1, WF-2, SW-2, P-1, and I-1. The City Comprehensive Plan identifies the goals for the Waterfront Mixed Use area as the creation of a mixed use district, including commercial, and housing, with an emphasis on uses that create an active waterfront environment. The City Comprehensive Plan further notes that new development should protect view sheds and allow public access to the waterfront. Pedestrian and bicycle connections should be improved, particularly to adjacent mixed use areas. Developable space in the waterfront area is at a premium and reducing the impacts of parking in new development should be carefully considered. The City Comprehensive Plan also identifies the adjacent areas that are currently zoned industrial as having potential for additional development and employment opportunities. The waterfront study is intended to guide the City s decisions as to where and what type of development is appropriate, which will be determined by the Waterfront Development Plan currently being undertaken. 4. In 2014, the City adopted a floating PUD that could be used in any I-1 Zoning District. A PUD allows for flexibility in planning and design, while through the process of review and discussion, ensures efficient investment in development that, among others, forwards a City s comprehensive plan. Because the zoning in this area is in transition, the temporary mandatory PUD will enable development to continue during the crafting of new land use regulations, subject to Common Council s oversight. D. Effective Period This TMPUD shall be in effect, within the boundaries described in Subsection E, herein, for a period of eighteen (18) months from the effective date of this ordinance, as described in Section 4, herein. E. Affected Properties and Boundaries of the TMPUD 1. All new construction and any construction that enlarges the footprint or total floorspace of an existing building by 50% or more will be subject to the TMPUD under this ordinance, and absent compliance with the TMPUD shall not be entitled to proceed in reliance on pre-existing land use regulations, which absent the TMPUD might or would have enabled their construction. Any changes to existing structures that do not enlarge the footprint or total floorspace of an existing building by 50% are not subject to the TMPUD and remain subject to the pre-existing underlying zoning.

17 2. The TMPUD shall be located in the waterfront study area, whose boundaries can be seen on the map entitled Proposed Waterfront Study Area-dated 12/9/2015.

18 F. Permitted Principal and Accessory Uses. In the TMPUD, buildings and land may be for uses which the Common Council may pursuant to TMPUD application authorize, including Council s consideration and potential authorization of development restrictions such as yard size, height restriction, building coverage, and lot size,. In addition, the Common Council may impose any conditions or limitations that are determined to be necessary or desirable to ensure that the development conforms with the City Comprehensive Plan, including limiting the permitted uses, location and size of buildings and structures, providing for open space and recreational areas, requiring acoustical or visual screening, construction sequencing, and requiring bonds or other assurances of completion of any infrastructure to be built as part of the development. G. Site Plan Approval. structure shall be erected or placed within the TMPUD, no building permit shall be issued for a building or structure within the TMPUD, and no existing building, structure, or use in the TMPUD shall be changed, unless the proposed building and/or use is in accordance with a site plan approved pursuant to the provisions of Chapter 276 of the City of Ithaca Code. H. Criteria. Common Council will consider an application for any development within the TMPUD on the following criteria, among others: 1. Is the project in accordance with the City Comprehensive Plan, which specifically lists the following: Promoting mixed use development, including commercial and housing Emphasizing waterfront activities Reducing impacts of parking Providing for additional employment opportunities Promoting public access to the waterfront Enhancing and preserving any environmentally sensitive areas I. Application Process. Any applicant seeking approval of a TMPUD, will be subject to the application process established in Subsection 12(G) of this Chapter, without regard therein to any references to underlying zoning or alternate processes. J. Additional Requirements. For any new construction in the TMPUD, the Common Council may impose such conditions or limitations that the Council, in its legislative discretion, may determine to be necessary or desirable to ensure that the

19 development conforms with the City Comprehensive Plan, including limiting the permitted uses, location and size of buildings and structures, providing for open space and recreational areas, and requiring bonds or other assurances of completion of any infrastructure to be built as part of the development. K. Expiration. A developer who receives PUD approval will have 24 months to begin construction of their project. If construction on the property has not been developed in accordance with the approved plan after 24 months, the PUD will automatically be revoked, unless otherwise stated by the Common Council. In the case of extenuating circumstances the developer may apply to the Common Council for an extension of PUD approval. If the site plan changes significantly, said significance as determined by the Director of Planning and Development, it may require re-consideration by the Common Council. The Director of Planning and Development may determine that the changes are minor and do not require re-approval. L. Exemptions. Construction, alterations or demolition authorized by building permits which were issued on or before the effective date of this Section shall be exempt from the provisions of this TMPUD. Section 2. Supersession. This Section is intended to supersede any provision of the City Code insofar as said provision is inconsistent with Subsection (E)(1) herein. Section 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Section is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 4. Effective Date. This Ordinance shall take effect immediately and in accordance with law upon publication of notice as provided in the Ithaca City Charter, and shall expire 18 months after the effective date, except as to any application for any development within the TMPUD that is filed under this ordinance prior to its expiration and not thereafter withdrawn by the applicant.

20 Draft Resolution 1/28/16 An Ordinance to Amend the Municipal Code of the City of Ithaca, Chapter 325, Entitled Zoning to Create a Temporary Mandatory Planned Unit Development (TMPUD) Zone in the Waterfront Study Area Declaration of Lead Agency WHEREAS, State Law and Section of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that, for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed zoning amendment is an Unlisted Action pursuant to the City Environmental Quality Review (CEQR) Ordinance, which requires environmental review under CEQR; now, therefore, be it RESOLVED, that the Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the proposal to Create a Temporary Mandatory Plannned Unit Development (TMPUD) Zone in the Waterfront Study Area.

21 Draft Resolution 1/28/16 An Ordinance to Amend the Municipal Code of the City of Ithaca, Chapter 325, Entitled Zoning to Create a Temporary Mandatory Planned Unit Development (TMPUD) Zone in the Waterfront Study Area Declaration of Environmental Significance 1. WHEREAS, The Common Council is considering a proposal to create a Temporary Mandatory Planned Unit Development (TMPUD) Zone in the Waterfront Study Area, and 2. WHEREAS, the appropriate environmental review has been conducted, including the preparation of a Full Environmental Assessment Form (FEAF), dated January 26, 2016, and 3. WHEREAS, the proposed action is a Unlisted Action under the City Environmental Quality Review Ordinance, and 4. WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has reviewed the FEAF prepared by planning staff; now, therefore, be it 1. RESOLVED, that this Common Council, as lead agency in this matter, hereby adopts as its own the findings and conclusions more fully set forth on the Full Environmental Assessment Form, dated January 26, 2016, and be it further 2. RESOLVED, that this Common Council, as lead agency in this matter, hereby determines that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary, and be it further 3. RESOLVED, that this resolution constitutes notice of this negative declaration and that the City Clerk is hereby directed to file a copy of the same, together with any attachments, in the City Clerk s Office, and forward the same to any other parties as required by law.

22 CITY OF ITHACA FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF) Purpose: The Full Environmental Assessment Form (FEAF) is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently there are aspects of a proposed action that are subjective or immeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be aware of the broader concerns affecting the question of significance. The FEAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. FEAF Components: Part 1: Provide objective data and information about a given action and its site. By identifying basic project data, it assists in a review of the analysis that takes place in Parts 2 and 3. Part 2: Focus on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA IS FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE TYPE I AND UNLISTED ACTIONS Identify the Portions of FEAF completed for this action: Part 1 Part 2 Part 3 Upon review of the information recorded on this FEAF (Parts, 2, and 3, if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the Lead Agency that: A. The Proposed Action will not result in any large and important impact(s) an is one that will not have a significant impact on the environment; therefore, A NEGATIVE DECLARATION WILL BE PREPARED. B. Although the proposed action could have a significant impact on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required; therefore, A CONDITIONED NEGATIVE DECLARATION WILL BE PREPARED. * C. The proposed action may result in one or more large and important impacts that may have a significant impact on the environment; therefore, A POSITIVE DECLARATION WILL BE PREPARED. *A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action: Proposal to Create a Temporary Mandatory Planned Unit Development Zone in the Waterfront Study Area Name of Lead Agency: City of Ithaca Name & Title of Responsible Officer in Lead Agency: Mayor Svante Myrick Signature of Responsible Officer in Lead Agency: Name & Title of Preparer: Jennifer Kusznir, Economic Development Planner Signature of Preparer: Date: January 26, 2016

23 FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF) PART 1 PROJECT INFORMATION NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the Full Environmental Assessment Form (FEAF) will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. Name of Action: Proposal to Create a Temporary Mandatory Planned Unit Development Zone in the Waterfront Study Area Location of Action: City of Ithaca Name of Applicant/Sponsor: City of Ithaca Address: 108 E. Green St. (City Hall) City/Town/Village: Ithaca State: NY ZIP: Business Phone: Name of Owner(if different): n/a Address: n/a City/Town/Village: n/a State: n/a ZIP: n/a Business Phone: n/a Description of Action: The action being considered is a proposal to establish a Temporary Mandatory Planned Unit Development (TMPUD) District to be located in the Waterfront Study Area, the boundaries of which are shown on the map entitled Proposed Waterfront Study Area, dated 12/9/2015. Page 2

24 Please Complete Each Question (indicate N/A, if not applicable): A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1. Present Land Use: X Urban X Industrial X Commercial X Public Forest Agricultural Other: 2. Total area of project area: (Chosen units apply to following section also) 216 Acres Approximate Area (Units in question 2 apply to this section) Currently After Completion 2a. Meadow or Brushland (non-agricultural) 2b. Forested 2c. Agricultural 2d. Wetland [as per Articles 24 of Environmental Conservation Law (ECL)] 2e. Water Surface Area 2f. Public ~ 36 ~36 2g. Water Surface Area.~ 12 ~12 2h. Unvegetated (rock, earth or fill) 2i. Roads, buildings and other paved surfaces ~167 acres. ~167 acres 2j. Other (indicate type) 3a. What is predominant soil type(s) on project site (e.g. HdB, silty loam, etc.): Hamlin, fan-palmyra, Sloan-Teel, alluvial land, Hamlin-Teel 3b. Soil Drainage: Well-Drained 100 % of Site Moderately Well Drained % of Site Poorly Drained % of Site 4a. Are there bedrock outcroppings on project site? X N/A 4b. What is depth of bedrock? >80feet(feet) 4c. What is depth to the water table? ~4-6 (feet) 5. Approximate percentage of proposed project site with slopes: 6a. Is project substantially contiguous to, or does it contain a building, site or district, listed on or eligible for the National or State Register of Historic Places? 6b. Or designated a local landmark or in a local landmark district? X 0-10% 100 % 10-15% % 15% or greater % X N/A Chemung Canal Trust Company X N/A Chemung Canal Trust Company 7. Do hunting or fishing opportunities presently exist in the project area? X N/A If yes, identify each species: Page 3

25 SITE DESCRIPTION (concluded) 8. Does project site contain any species of plant or animal life that is identified as threatened or endangered? X N/A According to: Identify each Species: 9. Are there any unique or unusual landforms on the project site? (i.e., cliffs, other geological formations) 10. Is the project site presently used by the community or neighborhood as an open space or recreation area? X N/A Describe: X N/A If yes, explain: Farmer s Market 11. Does the present site offer or include scenic views known to be important to the community? 12. Is project within or contiguous to a site designated a Unique Natural Area (UNA) or critical environmental area by a local or state agency? X N/A Describe: Views of the waterfront X N/A Describe: 13. Streams within or contiguous to project area: a. Names of stream or name of river to which it is a tributary: Cayuga inlet, Six Mile Creek, Cascadilla Creek 14. Lakes, ponds, wetland areas within or contiguous to project area: n/a 15. Has the site been used for land disposal of solid or hazardous wastes? a. Name: b. Size (in acres): X N/A Describe: 16. Is the site served by existing public utilities? a. If, does sufficient capacity exist to allow connection? b. If, will improvements be necessary to allow connection? X N/A X N/A X N/A B. PROJECT DESCRIPTION 1. Physical dimensions and scale of project (fill in dimensions as appropriate) 1a. Total contiguous area owned by project sponsor in acres: N/A 1b. Project acreage developed: ~167 acres initially ~167 acres. ultimately 1c. Project acreage to remain undeveloped: N/A 1d. Length of project in miles: (if appropriate) N/A or feet: N/A 1e. If project is an expansion, indicate percent of change proposed: N/A 1f. Number of off-street parking spaces existing: N/A proposed: N/A Page 4

26 1g.Maximum vehicular trips generated (upon completion of project) per day: N/A and per hour: N/A 1h. Height of tallest proposed structure: feet. N/A 1j. Linear feet of frontage along a public street or thoroughfare that the project will occupy? N/A 2. Specify what type of natural material (i.e. rock, earth, etc.) and how much will be removed from the site: N/A or added to the site: N/A 3. Specify what type of vegetation (trees, shrubs, ground cover) and how much will be removed from the site: acres: N/A type of vegetation: N/A 4. Will any mature trees or other locally important vegetation be removed by this project? N/A 5. Are there any plans for re-vegetation to replace that removed during construction? N/A 6. If single phase project, anticipated period of construction N/Amonths, (including demolition) 7. If multi-phased project, anticipated period of construction N/A months, (including demolition) 7a. Total number of phases anticipated: N/A 7b. Anticipated date of commencement for first phase N/A month N/A year (including demolition) 7c. Approximate completion date of final phase N/A month N/A year. 7d. Is phase one financially dependent on subsequent phases? X N/A 8. Will blasting occur during construction? X N/A; if yes, explain: 9. Number of jobs generated: during construction 0 after project is completed Number of jobs eliminated by this project: 0 Explain: 11. Will project require relocation of any projects or facilities? X N/A; if yes, explain: 12a. Is surface or subsurface liquid waste disposal involved? X N/A; if yes, explain: 12b. If #12a is yes, indicate type of waste (sewage, industrial, etc): N/A 12c. If surface disposal, where specifically will effluent be discharged? N/A 13. Will surface area of existing lakes, ponds, streams, or other surface waterways be increased or decreased by proposal? X N/A; if yes, explain: 14a. Will project or any portion of project occur wholly or partially within or contiguous to the 100 year flood plain? X N/A 14b. Does project or any portion of project occur wholly or partially within or contiguous to: Cayuga Inlet Fall Creek, Cascadilla Creek, Cayuga Lake, Six Mile Creek, Silver Creek? (Circle all that apply.) 14c. Does project or any portion of project occur wholly or partially within or contiguous to wetlands as described in Article 24 Of the ECL? X N/A; 14d. If #14a, b or c is yes, explain: N/A 15a. Does project involve disposal or solid waste? X N/A 15b. If #15a is yes, will an existing solid waste disposal facility be used? X N/A 15c. If #15b is yes, give name of disposal facility: N/A and its location: 15d. Will there be any wastes that will not go into a sewage disposal system or into a sanitary landfill? Page 5

27 X N/A; if yes, explain: 15e. Will any solid waste be disposed of on site? X N/A; if yes, explain: 16. Will project use herbicides or pesticides? X N/A; if yes, specify: 17. Will project affect a building or site listed on or eligible for the National or State Register of Historic Places or a local landmark or in a landmark district? X N/A; if yes, explain: 18. Will project produce odors? X N/A; if yes, explain: 19. Will project product operating noise exceed the local ambient noise level during construction? X N/A; After construction? X N/A 20. Will project result in an increase of energy use? X N/A; if yes, indicate type(s) N/A 21. Total anticipated water usage per day: gals/day. N/A Source of water N/A C. ZONING & PLANNING INFORMATION 1. Does the proposed action involve a planning or zoning decision? X N/A; if yes, indicate the decision required: Zoning Amendment Zoning Variance X New/Revision of Master Plan Subdivision Site Plan Special Use Permit Resource Management Plan Other: 2. What is the current zoning classification of site? I-1, P-1, WF-1, WF-2, WEDZ-1a, SW-2 3. If the site is developed as permitted by the present zoning, what is the maximum potential development? N/A 4. Is proposed use consistent with present zoning? X N/A 5. If #4 is no, indicate desired zoning: N/A 6. If the site is developed by the proposed zoning, what is the maximum potential development of the site? N/A 7. Is the proposed action consistent with the recommended uses in adopted local land-use plans? X N/A; If no, explain: 8. What is the dominant land use and zoning classification within a ¼ mile radius of the project? N/A 9. Is the proposed action compatible with adjacent land uses? X N/A Explain: 10a. If the proposed action is the subdivision of land, how many lots are proposed? N/A Page 6

28 10b. What is the minimum lot size proposed? N/A 11. Will the proposed action create a demand for any community-provided services? (recreation, education, police, fire protection, etc.)? X N/A Explain: If yes, is existing capacity sufficient to handle projected demand? X N/A Explain: N/A 12. Will the proposed action result in the generation of traffic significantly above present levels? X N/A If yes, is the existing road network adequate to handle the additional traffic? X N/A Explain: D. APPROVALS 1. Approvals: Common Council Adoption 2a. Is any Federal permit required? X N/A; Specify: 2b. Does project involve State or Federal funding or financing? X N/A; If, Specify: 2c. Local and Regional approvals: Agency / Type of Approval Required COMMON COUNCIL YES ADOPTION Board of Zoning Appeals (BZA) Planning & Development Board Ithaca Landmarks Preservation Commission (ILPC) Board of Public Works (BPW) Fire Department Police Department Building Commissioner Ithaca Urban Renewal Agency (IURA) E. INFORMATIONAL DETAILS Submittal Date Approval Date Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. F. VERIFICATION I certify the information provided above is true to the best of my knowledge. Applicant/Sponsor Name: City of Ithaca Signature: Title: Economic Development Planner Page 7

29 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 Project Impacts Proposal to Create a Temporary Mandatory Planned Unit Development (TMPUD) in the Waterfront Study Area Small-to- Moderate Impact Potential Large Impact Can Impact Be Reduced by Project Change? IMPACT ON LAND 1. Will there be an effect as a result of a physical change to project site? The proposed action establishes the legislation to allow for Council to create Planned Unit Development Districts and has no immediate impact on land. Any potential impacts on land will have to be evaluated if and when a project is proposed. Any construction on slopes of 15% or greater (15-foot rise per 100 feet of length) or where general slope in the project exceeds 10%. Construction on land where depth to the water table is less than 3 feet. Construction of parking facility/area for 50 or more vehicles. Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. Construction that will continue for more than 1 year or involve more than one phase or stage. Evacuation for mining purposes that would remove more than 1,000 tons of natural material (i.e., rock or soil) per year. Construction of any new sanitary landfill. Construction in designated floodway. Other impacts (if any): 2. Will there be an effect on any unique land forms found on the site (i.e., cliffs, gorges, geological formations, etc.)? The proposed action establishes the legislation to allow for Council to create Planned Unit Development Districts and has no immediate impact on land forms. Any potential impacts on unique land forms will have to be evaluated if and when a project is proposed. Page 8

30 Specific land forms (if any): Page 9

31 IMPACT ON WATER Small-to- Moderate Impact Potential Large Impact Can Impact Be Reduced by Project Change? 3. Will project affect any water body designated as protected (under article 15 or 24 of Environmental Conservation Law, E.C.L.)? The proposed action establishes the legislation to allow for Council to create Planned Unit Development Districts and has no immediate impact on protected water bodies. Any potential impacts on protected water bodies will have to be evaluated if and when a project is proposed. Developable area of site contains protected water body. Dredging more than 100 cubic yards of material from channel of protected stream. Extension of utility distribution facilities through protected water body. Construction in designated freshwater wetland. Other impacts (if any): 4. Will project affect any non-protected existing or new body of water? The proposed action establishes the legislation to allow for Council to create Planned Unit Development Districts and has no immediate impact on non-protected water bodies. Any potential impacts will have to be evaluated if and when a project is proposed. A 10% increase or decrease in surface area of any body of water or more than 10,000 sq. ft. of surface area. Construction, alteration, or conversion of body of water that exceeds 10,000 sq. ft. of surface area. Fall Creek, Six Mile Creek, Cascadilla Creek, Silver Creek, Cayuga Lake, or Cayuga Inlet? Other impacts (if any): Page 10

32 IMPACT ON WATER (cont.) Small-to- Moderate Impact Potential Large Impact Can Impact Be Reduced by Project Change? 5. Will project affect surface or groundwater quality? The proposed action establishes the legislation to allow for Council to create Planned Unit Development Districts and has no immediate impact on groundwater quality. Any potential impacts will have to be evaluated if and when a project is proposed. Project will require discharge permit. Project requires use of source of water that does not have approval to serve proposed project. Construction or operation causing any contamination of a public water supply system. Project will adversely affect groundwater. Liquid effluent will be conveyed off the site to facilities which do not currently exist or that have inadequate capacity. Project requiring a facility that would use water in excess of 20,000 gallons per day or 500 gallons per minute. Project will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. Proposed action will require storage of petroleum or chemical products greater than 1,100 gallons. Other impacts (if any): Page 11

33 IMPACT ON WATER (cont.) Small-to- Moderate Impact Potential Large Impact Can Impact Be Reduced by Project Change? 6. Will project alter drainage flow, drainage patterns, or surface water runoff? The proposed action establishes the legislation to allow for Council to create Planned Unit Development Districts and has no immediate impact on drainage quality. Any potential impacts will have to be evaluated if and when a project is proposed. Project would impede floodwater flows. Project is likely to cause substantial erosion. Project is incompatible with existing drainage patterns. Other impacts (if any): IMPACT ON AIR 7. Will project affect air quality? The proposed action establishes the legislation to allow for Council to create Planned Unit Development Districts and has no immediate impact on air quality. Any potential impacts will have to be evaluated if and when a project is proposed. Project will induce 500 or more vehicle trips in any 8-hour period per day. Project will result in the incineration of more than 2.5 tons of refuse per 24-hour day. Project emission rate of all contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million BTUs per hour. Other impacts (if any): Page 12

34 Small-to- Moderate Impact IMPACTS ON PLANTS AND ANIMALS Potential Large Impact Can Impact Be Reduced by Project Change? 8. Will project affect any threatened or endangered species? The proposed action establishes the legislation to allow for Council to create Planned Unit Development Districts and has no immediate impact on endangered species. Any potential impacts will have to be evaluated if and when a project is proposed. Reduction of any species, listed on New York or Federal list, using the site, found over, on, or near site. Removal of any portion of a critical or significant wildlife habitat. Application of pesticide or herbicide more than twice a year other than for agricultural purposes. Other impacts (if any): 9. Will proposed action substantially affect non-threatened or non-endangered species? The proposed action establishes the legislation to allow for Council to create Planned Unit Development Districts and has no immediate impact on non-endangered species. Any potential impacts will have to be evaluated if and when a project is proposed. Proposed action would substantially interfere with any resident or migratory fish, or wildlife species. Proposed action requires removal or more than ½ acre of mature woods or other locally important vegetation. Other impacts (if any): Page 13

35 Small-to- Moderate Impact IMPACT ON AESTHETIC RESOURCES Potential Large Impact Can Impact Be Reduced by Project Change? 10. Will proposed action affect views, vistas, or visual character of the neighborhood or community? The proposed action establishes the legislation to allow for Council to create Planned Unit Development Districts and has no immediate impact on views or visual character of the neighborhood. Any potential impacts will have to be evaluated if and when a project is proposed. Proposed land uses or proposed action components obviously different from, or in sharp contrast to, current surrounding land use patterns, whether man-made or natural. Proposed land uses or proposed action components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of aesthetic qualities of that resource. Proposed action will result in elimination or major screening of scenic views known to be important to the area. Other impacts (if any): IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 11. Will proposed action impact any site or structure of historic, prehistoric, or paleontological importance? Proposed action occurring wholly or partially within, or contiguous to, any facility or site listed on or eligible for the National or State Register of Historic Places. Any impact to an archaeological site or fossil bed located within the project site. Proposed action occurring wholly or partially within, or contiguous to, any site designated as a local landmark or in a landmark district. Other impacts (if any): Page 14

36 Small-to- Moderate Impact IMPACT ON OPEN SPACE AND RECREATION Potential Large Impact Can Impact Be Reduced by Project Change? 12. Will the proposed action affect the quantity or quality of existing or future open spaces, or recreational opportunities? The proposed action establishes the legislation to allow for Council to create Planned Unit Development Districts and has no immediate impact on open space. Any potential impacts will have to be evaluated if and when a project is proposed. The permanent foreclosure of a future recreational opportunity. A major reduction of an open space important to the community. Other impacts (if any): IMPACT ON UNIQUE NATURAL AREAS OR CRITICAL ENVIRONMENTAL AREAS 13. Will proposed action impact the exceptional or unique characteristics of a site designated as a unique natural area (UNA) or a critical environmental area (CEA) by a local or state agency? The proposed action establishes the legislation to allow for Council to create Planned Unit Development Districts and has no immediate impact on unique natural areas or critical environmental areas. Any potential impacts will have to be evaluated if and when a project is proposed. Proposed action to locate within a UNA or CEA? Proposed action will result in reduction in the quality of the resource. Proposed action will impact use, function, or enjoyment of the resource. Other impacts (if any): Page 15

37 Small-to- Moderate Impact IMPACT ON TRANSPORTATION Potential Large Impact Can Impact Be Reduced by Project Change? 14. Will there be an effect to existing transportation systems? The proposed action establishes the legislation to allow for Council to create Planned Unit Development Districts and has no immediate impact on existing transportation systems. Any potential impacts on transportation will have to be evaluated when a project is proposed.eated. Alteration of present patterns of movement of people and/or goods. Proposed action will result in major traffic problems. Other impacts: IMPACT ON ENERGY 15. Will proposed action affect community's sources of fuel or energy supply? The proposed action establishes the legislation to allow for Council to create Planned Unit Development Districts and has no immediate impact on the community s sources of fuel or energy supply. Any potential impacts on the community s sources of fuel or energy supply will have to be evaluated if and when project is proposed. Proposed action causing greater than 5% increase in any form of energy used in municipality. Proposed action requiring creation or extension of an energy transmission or supply system to serve more than 50 singleor two-family residences. Other impacts (if any): Page 16

38 Small-to- Moderate Impact IMPACT ON NOISE AND ODORS Potential Large Impact Can Impact Be Reduced by Project Change? 16. Will there be objectionable odors, noise, glare, vibration, or electrical disturbance during construction of, or after completion of, this proposed action? The proposed action establishes the legislation to allow for Council to create Planned Unit Development Districts and has no immediate impact on noise or odors. Any potential impacts on noise or odors will have to be evaluated if and when project is proposed. Blasting within 1,500 feet of a hospital, school, or other sensitive facility? Odors will occur routinely (more than one hour per day). Proposed action will produce operating noise exceeding local ambient noise levels for noise outside of structure. Proposed action will remove natural barriers that would act as noise screen. Other impacts (if any): IMPACT ON PUBLIC HEALTH 17. Will proposed action affect public health and safety? The proposed action establishes the legislation to allow for Council to create Planned Unit Development Districts and has no immediate impact on public health and safety. Any potential impacts on public health and safety will have to be evaluated if and when project is proposed. Proposed action will cause risk of explosion or release of hazardous substances (i.e., oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there will be chronic low-level discharge or emission. Proposed action may result in burial of hazardous wastes in any form (i.e., toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) Proposed action may result in excavation or other disturbance within 2,000 feet of a site used for the disposal of solid or hazardous wastes. Page 17

39 Proposed action will result in handling or disposal or hazardous wastes (i.e., toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc., including wastes that are solid, semi-solid, liquid, or contain gases). Page 18

40 Small-to- Moderate Impact IMPACT ON PUBLIC HEALTH (cont.) Potential Large Impact Can Impact Be Reduced by Project Change? Storage facilities for 50,000 or more gallons of any liquid fuel. Use of any chemical for de-icing, soil stabilization, or control of vegetation, insects, or animal life on the premises of any residential, commercial, or industrial property in excess of 30,000 square feet. Other impacts (if any): IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 18. Will proposed action affect the character of the existing community? The proposed action establishes the legislation to allow for Council to create Planned Unit Development Districts and has no immediate impact on growth and character of the community. Any potential impacts on growth and character of the community will have to be evaluated if and when a project is proposed. The population of the city in which the proposed action is located is likely to grow by more than 5% of resident human population. The municipal budgets for capital expenditures or operating services will increase by more than 5% per year as a result of this proposed action. Proposed action will conflict with officially adopted plans or goals. Proposed action will cause a change in the density of land use. Proposed action will replace or eliminate existing facilities, structures, or areas of historic importance to the community. Development will create demand for additional community services (e.g., schools, police, and fire, etc.) Proposed action will set an important precedent for future actions. Proposed action will relocate 15 or more employees in one or more businesses. Page 19

41 Small-to- Moderate Impact Potential Large Impact Can Impact Be Reduced by Project Change? IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD (cont.) Other impacts (if any): 19. Is there public controversy concerning the proposed action? Unknown If any action in Part 2 is identified as a potential large impact, or if you cannot determine the magnitude of impact, proceed to Part 3 Page 20

42 TAYLOR TAYLOR TAYLOR TAYLOR TAYLOR TAYLOR PLACE PLACE PLACE PLACE PLACE PLACE MEADOW MEADOW MEADOW MEADOW MEADOW MEADOW MEADOW MEADOW MEADOW STREET STREET STREET STREET STREET STREET STREET STREET STREET N N N N N N ROAD ROAD ROAD ROAD ROAD ROAD ROAD ROAD ROAD OUTE OUTE OUTE OUTE OUTE OUTE OUTE OUTE OUTE ROAD ROAD ROAD ROAD ROAD ROAD ROAD ROAD ROAD T SHORE SHORE SHORE SHORE SHORE SHORE SHORE SHORE SHORE DRIVE DRIVE DRIVE DRIVE DRIVE DRIVE DRIVE DRIVE DRIVE NE E RO R ROAD ROAD ROAD ROAD ROAD ROAD ROAD ROAD ROAD PIER ROAD CAYUGA CAYUGA CAYUGA CAYUGA CAYUGA CAYUGA CAYUGA CAYUGA CAYUGA STREET STREET STREET STREET STREET STREET STREET STREET STREET TER TER TER ER ERER ER ER WESTMOUNT WESTMOUNT WESTMOUNT WESTMOUNT WESTMOUNT WESTMOUNT WESTMOUNT WESTMOUNT WESTMOUNT DRIVE DRIVE DRIVE DRIVE DRIVE DRIVE DRIVE DRIVE DRIVE CLIFF CLIFF CLIFF CLIFF CLIFF CLIFF CLIFF CLIFF CLIFF STREET STREET STREET STREET STREET STREET STREET STREET STREET WILLOW WILLOW WILLOW WILLOW WILLOW WILLOW WILLOW WILLOW WILLOW AVENUE AVENUE AVENUE AVENUE AVENUE AVENUE AVENUE AVENUE AVENUE NYS NYS NYS NYS ROUTE ROUTE NYS NYS NYS NYS NYS ROUTE ROUTE ROUTE ROUTE ROUTE ROUTE ROUTE & WEST FALLS STREET EAST YORK STREET EAST FALLS STREET EAST LINCOLN STREET LAKE LAKE LAKE LAKE LAKE LAKE LAKE LAKE LAKE SREET SREET SREET SREET SREET SREET SREET SREET SREET TAYLOR TAYLOR PLACE TAYLOR PLACE PLACE CAMPBELL CAMPBELL CAMPBELL CAMPBELL CAMPBELL CAMPBELL CAMPBELL CAMPBELL CAMPBELL AVENUE AVENUE AVENUE AVENUE AVENUE AVENUE AVENUE AVENUE AVENUE HECTOR HECTOR HECTOR HECTOR HECTOR HECTOR HECTOR HECTOR HECTOR STREET STREET STREET STREET STREET STREET STREET STREET STREET VINEGAR VINEGAR VINEGAR VINEGAR VINEGAR VINEGAR VINEGAR VINEGAR VINEGAR HILL HILL NYS NYS NYS NYS NYS NYS NYS NYS NYS ROUTE ROUTE ROUTE ROUTE ROUTE ROUTE ROUTE ROUTE ROUTE NYS NYS NYS NYS NYS NYS NYS NYS NYS ROUTE ROUTE ROUTE ROUTE ROUTE ROUTE ROUTE ROUTE ROUTE THIRD THIRD THIRD THIRD STREET STREET THIRD THIRD THIRD THIRD THIRD STREET STREET STREET STREET STREET STREET STREET EXT EXT EXT EXT EXT EXT EXT EXT EXT THIRD THIRD THIRD THIRD THIRD STREET STREET STREET STREET EXTENSION EXTENSION EXTENSION THIRD THIRD THIRD THIRD STREET STREET STREET STREET STREET EXTENSION EXTENSION EXTENSION EXTENSION EXTENSION EXTENSION CARPENTER CARPENTER CARPENTER CARPENTER CARPENTER CIRCLE CIRCLE CIRCLE CARPENTER CARPENTER CARPENTER CARPENTER CIRCLE CIRCLE CIRCLE CIRCLE CIRCLE CIRCLE NYS NYS NYS NYS ROUTE ROUTE NYS NYS NYS NYS NYS ROUTE ROUTE ROUTE ROUTE ROUTE ROUTE ROUTE & THIRD THIRD THIRD THIRD THIRD THIRD THIRD THIRD THIRD STREET STREET STREET STREET STREET STREET STREET STREET STREET WEST WEST LINCOLN LINCOLN STREET STREET FRANKLIN FRANKLIN STREET STREET ADAMS ADAMS STREET STREET HANCOCK HANCOCK STREET STREET SHORT SHORT SHORT SHORT SHORT SHORT SHORT SHORT SHORT STREET STREET STREET STREET STREET STREET STREET STREET STREET DEY DEY DEY DEY DEY DEY DEY DEY DEY STREET STREET STREET STREET STREET STREET STREET STREET STREET WILLOW WILLOW WILLOW WILLOW WILLOW WILLOW WILLOW WILLOW WILLOW AVENUE AVENUE AVENUE AVENUE AVENUE AVENUE AVENUE AVENUE AVENUE LAKE LAKE LAKE LAKE LAKE LAKE LAKE LAKE LAKE AVENUE AVENUE AVENUE AVENUE AVENUE AVENUE AVENUE AVENUE AVENUE AUBURN AUBURN AUBURN AUBURN AUBURN AUBURN AUBURN AUBURN AUBURN STREET STREET STREET STREET STREET STREET STREET STREET STREET JAY STREET NORTH NORTH NORTH NORTH NORTH NORTH NORTH NORTH NORTH CAYUGA CAYUGA CAYUGA CAYUGA CAYUGA CAYUGA CAYUGA CAYUGA CAYUGA STREET STREET STREET STREET STREET STREET STREET STREET STREET UTICA UTICA UTICA UTICA UTICA UTICA UTICA UTICA UTICA STREET STREET STREET STREET STREET STREET STREET STREET STREET NORTH NORTH NORTH NORTH NORTH NORTH NORTH NORTH NORTH TIOGA TIOGA TIOGA TIOGA TIOGA TIOGA TIOGA TIOGA TIOGA STREET STREET STREET STREET STREET STREET STREET STREET STREET EAST LEWIS STREET TOMPKINS STREET YATES STREET QUEEN STREET KING STREET NORTH NORTH NORTH NORTH NORTH NORTH NORTH NORTH NORTH AURORA AURORA AURORA AURORA AURORA AURORA AURORA AURORA AURORA STREET STREET STREET STREET STREET STREET STREET STREET STREET LINN LINN LINN LINN LINN LINN LINN LINN LINN STREET STREET STREET STREET STREET STREET STREET STREET STREET HOPPER PLACE PARK ROAD FIFTH FIFTH FIFTH FIFTH FIFTH FIFTH FIFTH FIFTH FIFTH STREET STREET STREET STREET STREET STREET STREET STREET STREET FOURTH FOURTH FOURTH FOURTH FOURTH FOURTH FOURTH FOURTH FOURTH STREET STREET STREET STREET STREET STREET STREET STREET STREET MORRIS MORRIS AVENUE AVENUE MADISON MADISON STREET STREET CASCADILLA STREET SECOND SECOND SECOND SECOND SECOND SECOND SECOND SECOND SECOND STREET STREET STREET STREET STREET STREET STREET STREET STREET FIRST FIRST FIRST FIRST FIRST FIRST FIRST FIRST FIRST STREET STREET STREET STREET STREET STREET STREET STREET STREET WESTFIELD WESTFIELD WESTFIELD WESTFIELD WESTFIELD WESTFIELD WESTFIELD WESTFIELD WESTFIELD DRIVE DRIVE DRIVE DRIVE DRIVE DRIVE DRIVE DRIVE DRIVE Proposed MONROE MONROE ST ST ST MARSHALL STREET FARM STREET SUNRISE ROAD HECTOR HECTOR HECTOR HECTOR HECTOR HECTOR HECTOR HECTOR HECTOR STREET STREET STREET STREET STREET STREET STREET STREET STREET CLIFF CLIFF CLIFF CLIFF CLIFF CLIFF CLIFF CLIFF CLIFF ST. ST. ST. ST. ST. ST. ST. ST. ST. PARK PARK PARK PARK PARK PARK PARK PARK PARK PLACE PLACE PLACE PLACE PLACE PLACE PLACE PLACE PLACE WASHINGTON WASHINGTON WASHINGTON WASHINGTON WASHINGTON WASHINGTON WASHINGTON WASHINGTON WASHINGTON STREET STREET STREET STREET STREET STREET STREET STREET STREET WEST COURT STREET NORTH NORTH NORTH NORTH NORTH NORTH NORTH NORTH NORTH PLAIN PLAIN PLAIN PLAIN PLAIN PLAIN PLAIN PLAIN PLAIN STREET STREET STREET STREET STREET STREET STREET STREET STREET ESTY STREET NORTH NORTH NORTH NORTH NORTH NORTH NORTH NORTH NORTH GENEVA GENEVA GENEVA GENEVA GENEVA GENEVA GENEVA GENEVA GENEVA STREET STREET STREET STREET STREET STREET STREET STREET STREET NORTH NORTH NORTH NORTH NORTH NORTH NORTH NORTH NORTH ALBANY ALBANY ALBANY ALBANY ALBANY ALBANY ALBANY ALBANY ALBANY STREET STREET STREET STREET STREET STREET STREET STREET STREET CASCADILLA AVENUE TAYLOR TAYLOR TAYLOR PLACE PLACE PLACE Waterfront SEARS SEARS SEARS SEARS SEARS SEARS SEARS SEARS SEARS STREET STREET STREET STREET STREET STREET STREET STREET STREET EAST COURT STREET CAS OK K PLACE CHESTNUT STREET NYS ROUTE 13A TABER STREET WEST STATE STREET BRINDLEY STREET TAUGHANNOCK TAUGHANNOCK TAUGHANNOCK TAUGHANNOCK TAUGHANNOCK TAUGHANNOCK TAUGHANNOCK TAUGHANNOCK TAUGHANNOCK BLVD. BLVD. BLVD. BLVD. BLVD. BLVD. BLVD. BLVD. BLVD. NORTH NORTH NORTH NORTH NORTH NORTH NORTH NORTH NORTH FULTON FULTON FULTON FULTON FULTON FULTON FULTON FULTON FULTON STREET STREET STREET STREET STREET STREET STREET STREET STREET STATE RTE 79 (STATE ROUTE 96) (STATE (STATE (STATE (STATE (STATE (STATE (STATE (STATE RTE RTE RTE RTE RTE RTE RTE RTE 34/13) 34/13) 34/13) 34/13) 34/13) 34/13) 34/13) 34/13) NORTH NORTH NORTH NORTH NORTH NORTH NORTH NORTH NORTH CORN CORN CORN CORN CORN CORN CORN CORN CORN STREET STREET STREET STREET STREET STREET STREET STREET STREET Study Area WEST BUFFALO STREET WEST SENECA STREET WEST MARTIN LUTHER KING JR/STATE STREET WEST GREEN STREET EAST BUFFALO STREET EAST SENECA STREET EAST GREEN STREET PARKER PARKER PARKER PARKER PARKER PARKER PARKER PARKER PARKER STREET STREET STREET STREET STREET STREET STREET STREET STREET SENECA SENECA SENECA SENECA SENECA SENECA SENECA SENECA SENECA WAY WAY WAY WAY WAY WAY WAY WAY WAY TERRANCE TERRANCE TERRANCE TERRANCE TERRANCE TERRANCE PLACE PLACE PLACE PLACE PLACE PLACE TERRANCE TERRANCE TERRANCE PLACE PLACE PLACE EAS HUDSON S E ELM ELM STREET STREET FLORAL FLORAL FLORAL FLORAL FLORAL FLORAL FLORAL FLORAL FLORAL AVENUE AVENUE AVENUE AVENUE AVENUE AVENUE AVENUE AVENUE AVENUE CHERRY STREET CHERRY STREET CECIL A MALONE DRIVE SOUTH FULTON STREET (STATE RTE 34/13) STATE STATE STATE STATE STATE STATE STATE STATE STATE RTE RTE RTE RTE RTE RTE RTE RTE RTE 96/34/13 96/34/13 96/34/13 96/34/13 96/34/13 96/34/13 96/34/13 96/34/13 96/34/13 CLEVELAND AVENUE SOUTH SOUTH SOUTH SOUTH SOUTH SOUTH SOUTH SOUTH SOUTH CORN CORN CORN CORN CORN CORN CORN CORN CORN STREET STREET STREET STREET STREET STREET STREET STREET STREET WEST CLINTON STREET NORTH NORTH NORTH NORTH NORTH NORTH NORTH NORTH NORTH TITUS TITUS TITUS TITUS TITUS TITUS TITUS TITUS TITUS AVENUE AVENUE AVENUE AVENUE AVENUE AVENUE AVENUE AVENUE AVENUE SOUTH SOUTH SOUTH SOUTH SOUTH SOUTH SOUTH SOUTH SOUTH TITUS TITUS TITUS TITUS TITUS TITUS TITUS TITUS TITUS AVENUE AVENUE AVENUE AVENUE AVENUE AVENUE AVENUE AVENUE AVENUE SOUTH MEADOW STREET SOUTH STREET WOOD STREET FAIR FAIR FAIR FAIR FAIR FAIR FAIR FAIR FAIR STREET STREET STREET STREET STREET STREET STREET STREET STREET ELMIRA ELMIRA ELMIRA ELMIRA ELMIRA ROAD ROAD ROAD ROAD ROAD ROAD ROAD ROAD ROAD SOUTH SOUTH SOUTH SOUTH SOUTH SOUTH SOUTH SOUTH SOUTH PLAIN PLAIN PLAIN PLAIN PLAIN PLAIN PLAIN PLAIN PLAIN STREET STREET STREET STREET STREET STREET STREET STREET STREET CENTER STREET 0 SOUTH SOUTH SOUTH SOUTH SOUTH SOUTH SOUTH SOUTH SOUTH PLAIN PLAIN PLAIN PLAIN PLAIN PLAIN PLAIN PLAIN PLAIN STREET STREET STREET STREET STREET STREET STREET STREET STREET CER CER CER CER CER CER ROAD ROAD ROAD ROAD ROAD ROAD ROAD ROAD ROAD FAYETTE FAYETTE FAYETTE FAYETTE FAYETTE FAYETTE FAYETTE FAYETTE FAYETTE STREET STREET STREET STREET STREET STREET STREET STREET STREET HYERS STREET PARK STREET SOUTH SOUTH SOUTH SOUTH SOUTH SOUTH SOUTH SOUTH SOUTH ALBANY ALBANY ALBANY ALBANY ALBANY ALBANY ALBANY ALBANY ALBANY STREET STREET STREET STREET STREET STREET STREET STREET STREET SOUTH SOUTH SOUTH SOUTH SOUTH SOUTH SOUTH SOUTH SOUTH GENEVA GENEVA GENEVA GENEVA GENEVA GENEVA GENEVA GENEVA GENEVA STREET STREET STREET STREET STREET STREET STREET STREET STREET NORTH NORTH TITUS TITUS AVENUE AVENUE SOUTH SOUTH TITUS TITUS AVENUE AVENUE SOUTH SOUTH SOUTH SOUTH SOUTH SOUTH SOUTH SOUTH SOUTH ALBANY ALBANY ALBANY ALBANY ALBANY ALBANY ALBANY ALBANY ALBANY STREET STREET STREET STREET STREET STREET STREET STREET STREET SOUTH SOUTH SOUTH SOUTH SOUTH SOUTH SOUTH SOUTH SOUTH GENEVA GENEVA GENEVA GENEVA GENEVA GENEVA GENEVA GENEVA GENEVA STREET STREET STREET STREET STREET STREET STREET STREET STREET Parcel Boundaries SOUTH SOUTH SOUTH CAYUGA CAYUGA CAYUGA STREET STREET STREET SOUTH SOUTH SOUTH SOUTH SOUTH SOUTH CAYUGA CAYUGA CAYUGA CAYUGA CAYUGA CAYUGA STREET STREET STREET STREET STREET STREET SPENCER SPENCER SPENCER SPENCER SPENCER STREET STREET STREET SPENCER SPENCER SPENCER SPENCER STREET STREET STREET STREET STREET STREET SOUTH SOUTH SOUTH SOUTH SOUTH SOUTH SOUTH SOUTH SOUTH CAYUGA CAYUGA CAYUGA CAYUGA CAYUGA CAYUGA CAYUGA CAYUGA CAYUGA STREET STREET STREET STREET STREET STREET STREET STREET STREET EAST CLINTON STREET SPENCER SPENCER SPENCER SPENCER SPENCER STREET STREET STREET SPENCER SPENCER SPENCER SPENCER STREET STREET STREET STREET STREET STREET SOUTH SOUTH SOUTH SOUTH SOUTH SOUTH SOUTH SOUTH SOUTH HILL TERR TERR TERR TERR TERR TERR TERR TERR TERR 1,000 2,000 feet Waterfront Boundary NBY NBY NBY ROAD ROAD ROAD ROAD ROAD ROAD ROAD ROAD ROAD TURNER TURNER TURNER TURNER TURNER TURNER TURNER TURNER TURNER PLACE PLACE PLACE PLACE PLACE PLACE PLACE PLACE PLACE PROSPECT PROSPECT HUDSON S STREET PLEASANT STREET COLUMBIA STREET HILLVIEW PLACE SOUTH SOUTH SOUTH SOUTH SOUTH SOUTH SOUTH SOUTH SOUTH AURORA AURORA AURORA AURORA AURORA AURORA AURORA AURORA AURORA STREET STREET STREET STREET STREET STREET STREET STREET STREET GRANDVIEW GRANDVIEW GRANDVIEW GRANDVIEW GRANDVIEW GRANDVIEW GRANDVIEW GRANDVIEW GRANDVIEW PLACE PLACE PLACE PLACE PLACE PLACE PLACE PLACE PLACE GTON ROAD ROAD GRANDVIE GRANDVIE HUDSON NY State Plane, Central GRS 80 Datum Map Source: Tompkins County Digital Planimetric Map Map Prepared by: GIS Planning, City of Ithaca, NY, 12/9/2015

43 To: To To: CITY OF ITHACA 108 East Green Street 3rd Floor Ithaca, New York DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT Division of Planning & Economic Development JOANN CORNISH, DIRECTOR OF PLANNING & ECONOMIC DEVELOPMENT PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT Telephone: Planning & Development Community Development/IURA Fax: Fax: Planning and Economic Development Committee From: Jennifer Kusznir, Economic Development Planner Date: January 27, 2016 Re: Proposal to Require Street-Level Active Uses on the Primary Commons The purpose of this memo is to provide information regarding a proposal to create a requirement for active street-level uses on the primary Commons. This proposal was discussed at the January Common Council meeting. The Council asked that staff add additional language to clarify the definition and to remove some of the listed uses. Enclosed for your consideration is the draft ordinance with suggested changes tracked in red and underlined. If you have any concerns or questions regarding any of this information, feel free to contact me at

44 2/5/20161/6/2016 An Ordinance Amending The Municipal Code Of The City Of Ithaca, Chapter 325, Entitled Zoning, To Create a Requirement for Street Level Active Uses on the Primary Commons ORDINANCE NO. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325, Zoning, be amended as follows: Section 1. Chapter 325 ( Zoning ), Section 325-8D.( Zoning Regulations-Additional Restriction in the CBD Districts ) of the Municipal Code of the City of Ithaca is hereby amended to add a new subsection 325-8D(3), that will establish a requirement for active street level uses for any establishment that opens on to the Primary Commons. Section 325-8D(3), shall read as follows: D. (3) All properties located in the CBD district that contain a storefront that fronts on the Primary Commons, must contain an active use on the street level, for that portion of the building that fronts onto the Primary Commons. Active uses are defined as uses that encourage high levels of pedestrian activity and enliven the streetscape, and create well-lit spaces with ample visibility into the storefront area. Active uses include, but are not limited to the following: are defined as any of the following: Formatted: Font: (Default) Courier New Retail Store or Service Commercial Facility Restaurant, Fast Food Establishment, or Tavern Theater, Bowling Alley, Auditorium, or Other Similar Public Place of Assembly Hotel Library or Fire Station Public Park or Playground Bank or Monetary Institution Confectionary, millinery, dressmaking and other activities involving light hand fabrication as well as sales. Additional uses may be permitted if the Planning and Development Board determines them to be an active use and grants special Page 1 of 2

45 2/5/20161/6/2016 approval for the use. The Planning Board may also grant a special approval of a non-active use if a property owner is able to show that the physical structure is not easily adaptable to be used as one of the above listed active uses. Section 3. The City Planning and Development Board, the City Clerk, and the Planning and Economic Development Division shall amend the District Regulations Chart to add street level active uses as a requirement under the permitted primary uses, in accordance with the amendments made by this ordinance. Section 4. Severability. Severability is intended throughout and within the provisions of this local law. If any section, subsection, sentence, clause, phrase or portion of this local law is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portion. Section 5. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. Page 2 of 2

46 CITY OF ITHACA 108 East Green Street 3rd Floor Ithaca, New York DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT Division of Planning & Economic Development JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT Telephone: Planning & Development Community Development/IURA Fax: Fax: To: Planning and Economic Development Committee From: Jennifer Kusznir, Economic Development Planner Date: February 1, 2016 Re: Proposal to Amend the Planned Unit Development Ordinance to Allow for Approval of Multi Phased Projects The purpose of this memo is to provide information regarding a proposal to amend the Planned Unit Development (PUD) ordinance in order to allow for the Common Council to approve a PUD for a multi phased project that may not yet have received final site plan approval on subsequent phases. In 2014, the City amended Chapter , in order to create a floating Planned Unit Development Zone. The process as adopted requires a project to obtain final site plan approval from the Planning Board before the Common Council can approve a Planned Unit Development. This process is acceptable for smaller projects that only contain one phase, however, many times a larger project will be presented to the Planning Board in multiple phases. In these instances it is common for the Planning Board to provide final site plan approval on the 1 st phase and preliminary approval for the subsequent phases. For these types of projects the applicant returns to the Planning Board for final approval once more detailed information is available. However, approval of the Planned Unit Development should happen before construction on the first phase can take place. In order to simplify this process and make it feasible for projects to proceed with the necessary approvals, staff is recommending amending Chapter (G)(12), of the City Code, as follows: Common Council consideration of the PUD. When and if the Planning Board has completed its environmental review of the project to the extent required under SEQRA and CEQRO and has issued a contingent site plan approval or in the case of a multi-phase project has issued a preliminary contingent site plan approval of multiple phases along with a final contingent site plan approval of at least one phase, the project will return to the Common Council for final consideration of the adoption of the PUD, which in Council s discretion may be authorized for one or all phases of a multi-phase project. Final Council approval, if any, shall be granted via ordinance. Enclosed for your consideration is a draft ordinance. This change is considered a minor change to the ordinance and therefore does not require further environmental review. If you have any concerns or questions regarding any of this information, feel free to contact me at

47 An Ordinance to Amend the City of Ithaca Municipal Code, Chapter 325, Entitled Zoning, Article IV, Section , in Order to Amend the Approval Process for the Planned Unit Development (PUD) ORDINANCE NO BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325, Article IV, Section G.(12) be amended as follows: Section 1. Chapter 325 ( Zoning ), Article IV, section G.(12) is hereby amended to change the approval process for a Planned Unit Development Zone to allow the Common Council to approve a PUD for a multi phased project based on the final site plan approval of the first phase of the project and preliminary site plan approval of subsequent phases of the project, and shall read as follows: G.(12) Common Council consideration of the PUD. When and if the Planning Board has completed its environmental review of the project to the extent required under SEQRA and CEQRO and has issued a contingent site plan approval or in the case of a multi-phase project has issued a preliminary contingent site plan approval of multiple phases along with a final contingent site plan approval of at least one phase, the project will return to the Common Council for final consideration of the adoption of the PUD, which in Council s discretion may be authorized for one or all phases of a multiphase project. Final Council approval, if any, shall be granted via ordinance. Section 2. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Page 1 2/5/2016

48 Section 3. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. Page 2 2/5/2016

49 Backyard Chickens The City of Ithaca is considering a two-year pilot program that would allow 20 City of Ithaca residences to keep backyard chickens. Regulation Summary Maximum of four hens Roosters prohibited Slaughtering of chickens prohibited Chickens must always be contained within a coop or enclosure Chickens are not allowed to run at large Chicken coops must be at least 20 feet from the primary lot structure and at least 5 feet from any abutting residential property line Applicants must complete a seminar regarding the care of backyard chickens from the Cornell Cooperative Extension Office A building permit must be obtained prior to constructing a chicken coop or enclosure If at any time a permit is revoked, or the owner is unable to care for their hens, the Cornell Cooperative Extension Office will work with the owners to rehome the hens. Additional information for residences in the pilot program: Permit Process: There is a one-time $70 permit application fee, paid at the time that the permit is issued to the Building Department. It is recommended to work with Cornell Cooperative Extension Office staff and the Building Department to make sure ones property meets the minimum requirements. Owners are also required to submit plans for their coop and enclosure construction.

50 ORDINANCE An Ordinance Amending Chapter 164 of the City of Ithaca Municipal Code WHEREAS, Chapter 164 of the City of Ithaca Municipal Code prohibits the keeping of chickens in the City, and; WHEREAS, the City has received requests from citizens to allow chickens in backyard coops and there is an active backyard chicken movement within the City, and; WHEREAS,, and; WHEREAS, chicken keeping is part of a larger sustainability trend to allow citizens to grow their own foods including fruits, vegetables and honey production by reducing barriers, which restrict local food production. These sustainability trends are congruent with the City s Comprehensive Plan goals, such as support for our community gardens and active living initiatives, and; Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman WHEREAS, the Common Council desires to enable the keeping of backyard chickens in the City; now therefore, BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Findings of Fact. The Common Council finds that backyard chickens, if properly maintained, can prove a positive initiative for the City, promoting food sustainability, increasing animal welfare, and providing, fresh eggs free from pesticides and chemicals, without presenting a nuisance to neighboring residents or properties. Section 2. Amendments to Section 164-2(B). Section 164-2(B) shall be amended to read as follows: Exception. This section shall not apply to the keeping of chickens to the extent authorized by Article III of this Chapter, nor to any educational, scientific or research institution maintaining, with adequate safeguards as to public health, safety, comfort and convenience, any animals or other creatures for scientific, medical or other research purposes. Section 3. Amendments to Section Section shall be amended to read as follows: Except as provided in the Agriculture and Markets Law, a violation of this article constitutes a civil offense punishable in accordance with 1-1 of the City of Ithaca

51 Municipal Code except that the unlawful keeping of chickens in the City shall be punishable as follows: (a) $250 for the first violation: (b) $500 for the second violation: and (c) $750 for the third or subsequent violation. These penalties shall be in addition to any other penalties provided by law. Section 4. Creation of Article III to Chapter 164 An Article III of Chapter 164 is hereby created as follows: Article III: Backyard Chickens : Definitions Lot: As defined in section C-73(C)(1) of the City Charter. Lot Square Footage: As defined in section C-73(C)(1) of the City Charter. Property Class Code: As defined in section C-73(C)(1) of the City Charter. Rear Yard: As defined in section of the City Code Backyard Chickens The prohibition against keeping chickens in this Chapter shall, during a two-year pilot program that shall expire on May 1, 2018, not apply to up to twenty pilot applicants approved for the keeping of up to four female chickens (hens) per Lot while the animals are kept in such a manner that all requirements of this Article are satisfied : Requirements for Keeping Chickens A. Chickens may only be kept on those Lots with a Property Class Code of 210, 215, 220, 240, 250, or substantially identical successor designations. B. Chickens may only be kept on those Lots possessing a Lot Square Footage of not less than 3,000 square feet. C. chicken facility or any structure that houses chickens or any fenced pen area, either temporarily or permanently, shall be located within any of the following prohibited areas: 1. Within the setback requirements of the zone in which it is located; 2. Within twenty feet of any adjacent Lot s residential principal structure or accessory structure that contains a residential unit,adjacent residence, or within three five feet of any principal structurethe chicken owner s residence or any other building on thea Llot housing the chickens; and C.3. Within five feet from any abutting residential property line, unless the adjacent owner agrees in writing to a lesser setback. D. Chickens may only be kept by a domiciliary of a dwelling unit located on the Lot on which the chickens are kept. Commented [AL1]: Using PCC's here will be very exact which is good but recognize that various PCC classified single and two family homes do house 3+ families (and perfectly legally so). Commented [AL2]: Using PCC's here will be very exact which is good but recognize that note that various PCCclassified single and two family homes do house 3+multiple families (and perfectly legally so). Commented [AL3]: For definitions, see als/prclas.htm#residential. Commented [JM4]: What is the right lot size or a fair size within the City? This seems high. Commented [AL5R4]: 5000 sq ft. is like a 50x100' lot, to state the obvious. Certainly not huge, but also likely larger than many lots in the City. Formatted Formatted: Font: Times New Roman Commented [AL6]: This means it must be their primary residence

52 E. Chickens must be kept in and confined in a properly designed and constructed coop or chickenhouse, or a fenced and covered enclosure, that is at least 4 square feet per chicken in size, which additionally includes a run. Each covered coop and run combined shall be located in, and shall not cover more than 50% of, which may be located only in the Rear Yard of the Lot., and shall comply with the setback requirements of the zone in which it is located; Each fenced and covered enclosure shall be designed with adequate yard space for each chicken, including a run, and the coop or chicken house and the fenced and covered enclosure combined shall not cover more than 50% of the rear yard. Enclosures must be clean and resistant to predators and rodents. F. It shall be unlawful for any person to allow hens to run at large upon the streets, alleys or other public places of the City, or upon the property of any other person. G. During daylight hours the adult chickens shall have access to the chicken coop and, weather permitting, shall have access to an outdoor enclosure on the subject property, adequately fenced to contain the chickens and to prevent access to the chickens by dogs and other predators. H. Chicken feed must be in rodent resistant and weather proof containers. I. Chickens may not be butchered, slaughtered, or otherwise killed, for any reason or any purpose, on any real property on which chickens are kept pursuant to this Article. J. A chicken coop, and the premises where the chicken coop is located, shall be maintained in a condition such that the facility or chickens do not produce noise or odor that creates a nuisance for adjoining Lots and the responsible domiciliary and the owner shall remove any odorous or unsanitary condition. The Lot owner shall be responsible for the repair on any adjoining Lot of any damage caused by the chickens, including but not limited to damage to dwellings, structures and yards, and shall be responsible for any unsafe condition. K. The person keeping the chickens shall abide by all Solid Waste Storage and Collection standards of the City's Exterior Property Maintenance Code, L. Roosters are expressly prohibited, regardless of the age or maturity of the bird. M. Pilot application approval pursuant to Section is required for the keeping of chickens. L.N. Approved pilot applicants must complete a seminar regarding the care of chickens in an urban environment from the Cornell Cooperative Extension Office, or similarly qualified organization acceptable to the Planning Department : Pilot Application Process and Parameters. A. more than twenty pilot applications for the keeping of chickens shall be approved under this Article III. B. Applications shall be made to, and approved or rejected by, the City of Ithaca Planning Department upon submission of a $70 application fee, an application, site survey, verification of a completed chicken keeping seminar and preliminary plans for a covered coop. C. If electricity is provided to the coop, a separate electrical permit will be required. Commented [AL7]: By "comply", do we mean "shall not be located within any required setbacks? If so, perhaps we should say that explicitly. Formatted: Font: Times New Roman Formatted: rmal, Justified, Don't adjust space between Latin and Asian text, Don't adjust space between Asian text and numbers Formatted: Font: Times New Roman, Font color: Black Formatted: Font: Times New Roman Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: A, B, C, + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman

53 D. A Planning Department representative will perform a site visit, review the application and interview the applicant prior to Planning Department approval. E. The Planning Department may revoke application approval for a specific site via written notice to the property owner when the Director of Planning or designee finds, at his or her sole discretion, that any requirements of this Article are not met. Upon revocation, the owner must remove the hens from the property in coordination with the Cornell Cooperative Extension Office who will assist with rehoming them. F. The Planning Department shall, at least three months prior to the expiration of the pilot program, report to a Committee of the Common Council on the status of the pilot program : Remedies t Exclusive. The remedies provided by this Article are cumulative and not mutually exclusive and are in addition to any other rights, remedies, and penalties available to the City under any other provision of law. Formatted: Font: Times New Roman Formatted: Numbered + Level: 1 + Numbering Style: A, B, C, + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5", Don't adjust space between Latin and Asian text, Don't adjust space between Asian text and numbers Formatted: Font: Times New Roman A. Any chickens that are not kept as required in this Article shall be deemed a public nuisance and the owner or custodian shall be given thirty days to rectify the conditions creating the public nuisance. In any case in which the City intends to correct a violation of this chapter, including removing and confiscating any chickens present, and then bill the property owner for the correction of the violation, the Director of Planning and Development or his/her designee shall notify the owner of the property and, where relevant, the registered agent who has assumed responsibility as outlined in of this Code, in writing, of any violation of this chapter. B. Any notice required by this section shall be served in person or by mail to the address appearing on the City tax roll, requiring such person, within a time specified in such notice but in no event less than thirty days from the service or mailing thereof, to comply with this chapter and to abate the nuisance and, as appropriate, to remove the chickens. Such notice shall also state that the property owner may contest the finding of the Director of Planning and Development or designee by making a written request to have a hearing on the matter held at the next regularly scheduled meeting of the Board of Public Works. C. Any request for such a hearing must be mailed and postmarked or personally delivered to the Director of Planning and Development or designee within fourteen days of the service or mailing of notice, and any such written request for a hearing shall automatically stay further enforcement concerning the alleged violation pending such hearing. The decision of the Board of Public Works, by majority vote, shall be binding, subject to any further judicial review available to either the City or the property owner. D. Upon the failure of a property owner to comply with the notice of violation of this chapter (or, alternatively, to request a hearing as aforesaid within the time limit stated in such notice, or upon a Board of Public Works determination, after such a hearing,

54 that a violation exists), the Director of Planning and Development or designee shall refer the matter, by memorandum, to the Superintendent of Public Works, who shall cause such premises to be put in such condition as will comply and shall charge the cost thereof to the owner of said premises, including a charge of 50% for supervision and administration. The minimum charge to the property owner for such work shall be $50. E. The City Chamberlain shall promptly present to the owner of any parcel so corrected a bill rendered for such services, as certified by the Superintendent of Public Works. If not paid within 30 days, the cost thereof shall be assessed against the property, added to its tax and become a lien thereon, collectible in the same manner as delinquent City taxes. Appeals from this section shall only be permitted if written notice of appeal is received by the Ithaca City Clerk within 45 days after the mailing of the bill from the Chamberlain, and such appeals shall be taken to the Board of Public Works. Section 5. Severability. Severability is intended throughout and within the provisions of this Ordinance. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This ordinance shall take effect immediately upon publication as provided for in the City Charter.

55 CITY OF ITHACA 108 E. Green Street 3rd Floor Ithaca, New York DEPARTMENT OF PLANNING, BUILDING, ZONING & ECONOMIC DEVELOPMENT Phyllis Radke, Director of Zoning Administration Telephone: Fax: MEMORANDUM TO: FROM: Board of Zoning Appeals (BZA) Phyllis Radke, Director of Zoning Administration DATE: May 11, 2015 SUBJECT: Request Made to Director of Zoning Administration for Interpretation of Zoning Ordinance Requirement (Article VA, Telecommunications Facilities and Services ) I have received an appeal for an interpretation of Zoning Ordinance, Article VA, Telecommunications Facilities and Services (hereafter referred to as TCO ), Section A. (1), as applied to a cell tower located at 815 South Aurora Street. Section A. (1) concerns the fall zone setback requirements for Tier III telecommunications facilities and applies to the siting of towers, monopoles, and lattice structures. The area of a fall zone is where: habitable structure or outdoor area where people congregate shall be within a fall zone of two times the height of the PWSF [personal wireless service facility] or its mount. The applicant s agent has stated that Modern Living Rentals (potential developer of 815 South Aurora Street) has an option to purchase the property at 815 South Aurora Street. This 2.5-acre parcel is the site of a telecommunications tower purportedly having a height of 170 feet. Modern Living Rentals wishes to build a housing development on this site however, because of the fall zone requirements, land available for development must be 340 feet from the base of the tower. In his request for an interpretation, the applicant s agent contends that the fall zone greatly exceeds the distance a tower would actually fall and has submitted two reports from New York State licensed engineers who have calculated the distance the cell tower at 815 South Aurora Street would collapse due to guy wire failure. These reports state that in a worst-case scenario, if all three guy wires supporting the tower fail, the tower s fall would be equal to the tower s height, or 170 feet. The two engineers also calculated the debris field could extend beyond the collapsed tower by an additional feet. Nevertheless, the applicant s agent claims the engineering reports prove that under no circumstances of structural failure would the tower, or parts of the tower, fall outside an area equal to the height of the tower. 1 1 See 2/11/15 appeal letter from STREAM Collaborative Architecture+Landscape Architecture, DPC, written by ah Demarest, agent for Modern Living Rentals.

56 Judging from his appeal letter, the agent is requesting that the required fall zone of twice the tower height be reduced to the distance he believes the cell tower would actually fall, based on the two submitted engineering reports. It appears from the applicant s submitted survey map that the specific request is to reduce the fall zone requirement of twice the tower height (200%) to one with a 180-foot (105.8%) radius from the base of the tower at 815 South Aurora Street. While I do not dispute the findings of the submitted engineering reports, I also believe the fall zone area was deliberately chosen to account for other hazards resulting from a tower or its parts falling or collapsing, in a variety of situations and conditions. I therefore do not support the applicant s conclusion that the fall zone requirement should be the distance the tower will fall on clear and unobstructed ground because of a cataclysmic structural failure. My understanding of the fall zone requirement is based both on the TCO s definition of fall zone (Section (1)) and by analyzing the fall zone requirement within the context of the Telecommunications and Facilities Ordinance s purpose and goals (Section , Legislative intent. ) These originated, in part, from the limitations imposed on local communities regulating tower siting because of the Federal Telecommunications Act ( TCA ) of Telecommunications Act: Legislative Intent & Goals The TCO begins with the Legislative intent in Section , which describes the limitations imposed by Congress on siting telecommunications facilities by local authorities through zoning. In 1996, Congress passed the TCA, which was a major revision to Federal telecommunications laws that had been in effect for numerous years. The TCA was enacted in response to the rapidly changing technology and growth of the wireless communications industry. In creating the TCA, Congress favored increasing the deployment of telecommunications facilities by reducing regulations that could impede telecommunications growth. As a result, cellular tower regulation by local governments is restricted. 2 Our TCO begins by listing five constraints imposed on local zoning by the Telecommunications Act of 1996 (47 U.S.C.A): 1. Local government cannot reasonably discriminate against providers of functionally equivalent services. 2. Local governments cannot prohibit or have the effect of prohibiting the provisions of personal wireless services. 3. Local government must act on any application to place, construct, or modify a wireless facility within, a reasonable period of time. 4. Any decision to deny application to place, construct, or modify a wireless facility shall be in writing and be supported by substantial evidence contained in a written record. 5. Local governments cannot regulate the placement, construction, or modification of a wireless facility based on environmental effects of radio frequency emissions to the extent that such facilities comply with the FCC s regulations concerning such emissions. 2 John M. Armentano, Farrell Fritz, P.C., Zoning and Land Use Planning Law: The Telecommunications Act of 1996 and Local Government Control, Real Estate Law Journal, August 20, 1998, p.3, 2

57 The enactment of the TCA by Congress in 1996 required most municipalities to rewrite their zoning ordinances regulating telecommunications facilities to both reflect the new restrictions imposed by the Federal government in regulating telecommunications facilities and avoid litigation by wireless carriers and/or the FCC. The City of Ithaca also rewrote its land-use laws concerning telecommunications facilities and enacted the Telecommunications Services and Facilities Ordinance (TCO) in Needless to say, this Ordinance was carefully crafted to avoid any violation of Federal law. The TCA restrictions are immediately followed by the statement below that asserts the City s authority to adopt laws that protect the safety and welfare of its citizens and assure these concerns have been addressed by the TCO. The City of Ithaca is authorized to adopt laws to provide for the health, safety, and welfare of the citizens of the City of Ithaca. The regulation of the placement, installation, and construction of personal wireless service facilities preserves and protects the health, safety, welfare, and general well- being of the citizens of the City of Ithaca and protects the natural features and aesthetic character of the City of Ithaca. The City of Ithaca Department of Planning and Development and the City of Ithaca Common Council have, during the period of a current moratorium, undertaken a deliberative process to establish policy, standards and procedures related to the location, siting and design of mounts and antenna arrays for personal wireless services. (TCO, Section B.) This intent section indicates that a deliberative process was undertaken to establish standards (including fall zone requirements) that would preserve and protect the health, safety, and welfare of the community. The policy makers did not merely choose a fall zone that is twice the tower height with a belief that if you double something, it will be twice as safe. On the contrary, the City Attorney s Office, the Planning and Development Department, and Common Council took the time to understand the complexities of writing a telecommunications ordinance to develop one that would both meet the criteria of the TCA and protect the health and safety of the community. The TCO, Section C., continues further, stating that the purpose and intent of the Chapter is to: [ ] establish standards for the location, siting, and design of personal wireless service facilities [ ]. It then lists six goals of the Ordinance, one of which is to: [ ] protect the attractiveness, health, safety, and general welfare and property values of the community. To achieve this end, the Ordinance is written so that it provides for opportunity sites for locating telecommunication facilities and avoidance sites. Although telecommunications facilities can be located in avoidance areas this is only possible if they meet the Ordinance s siting, design, and safety requirements. The standards include requirements for cell tower siting, design, and safety and have additional fall zone and setback standards for Tier III applications, which include guyed towers, monopoles, lattice towers, and similar structures. (See TCO, Section , Standards. ) The Legislative intent section concludes with the following statement: Therefore, the Common Council of the City of Ithaca has prepared this chapter to revise the City of Ithaca Zoning Law to more clearly reflect the above facts [emphasis added]. (See TCO, Section D.) Potential Adverse Impacts of Wireless Facilities TCO, Section , Definitions, defines fall zone as: The area on the ground within a prescribed radius from the base of a PWSF. The fall zone is the area within which there might be a potential hazard from falling debris or collapsing material. Therefore, the fall zone is the [ ] area within which there might be a potential hazard caused from falling debris or collapsing material. I 3

58 believe this definition includes potential hazards that may result as a consequence of parts of the tower, or the whole tower, falling. This does not limit the fall zone to the distance that the parts of the tower, or whole tower, would actually fall to the ground. While the engineering reports show how far the tower may fall, they are limited to a tower falling unimpeded on unobstructed flat ground due to guy wire failure. The reports neither consider how far antennas, tower pieces, and ice may travel if detached by high winds, nor do they investigate the potential hazards of burning and falling antenna arrays igniting nearby trees or buildings. The tower at 815 South Aurora Street is a non-conforming structure. Because the original tower was erected many years ago, residential buildings within 180 feet of the tower are within striking distance if the tower fails. If the tower were to fall in a southerly direction, it would likely hit an existing apartment building. Were it to fall in a northerly direction, it would demolish the telecommunications facility building, including the exterior fuel tank located on its southern wall, and crash onto the concrete building on site. Were it to fall in a westerly direction, it would fall across Route 96B, tearing down power lines. Because of the tower s size and weight, anything it hits would likely shatter and cause other debris fields, not to mention creating an opportunity for fire. These are all potential hazards caused by parts or the entire tower falling. It is my experience the City does not draft new land-use laws without looking at other similar community legislation that has been enacted and is capable of withstanding litigation. Obviously because telecommunications facilities support the use of wireless communications devices, they are a necessity for communities. Individuals, neighborhoods, and even entire cities could be adversely impacted without adequate regulations for siting and operating these facilities however, municipalities are also involved in siting telecommunication facilities because of potential adverse community impacts, and potential health and safety hazards. Attorney Andrew J. Campanelli, of Garden City, New York, has a history of advising municipalities throughout the United States on drafting telecommunications ordinances that protect and preserve the general welfare of a municipality and resist legal challenges. He was the legal advisor for telecommunications ordinances in cities, like Berkeley, Burbank, Davis, and Calabasas, California. His report to the City of Calabasas City Council contains valuable information on how a City can regulate aesthetic and safety concerns without triggering an FCC law suit. 3 In that report, Campanelli discusses the practical concerns of safely siting telecommunications facilities and how a municipality can best protect its community. I have added his comments from his report to Calabasas City Council, below, in order to express some of the real issues a community faces in regulating the siting of telecommunications facilities in concert with TCA regulations. Radio Frequency Radiation (RF) Radiation Exposure There is a potential adverse health impact from overexposure to RF radiation emanating from wireless facilities. Campanelli writes: Overexposure can occur where a facility exposes the public to levels of RF radiation which exceed the maximum safe exposure limits adopted by the FCC [ the same threshold level at which harmful biological effects may occur ]. 4 However, as discussed earlier, the TCA prohibits local governments from considering adverse health impacts, to the extent that the wireless facility will be FCC compliant. 3 Andrew J. Campanelli, Analysis and Suggested Revisions to Proposed City Ordinance , vember 30, 2011, City of Calabasas, California, 4 Ibid., p.8 4

59 Aesthetics & Adverse Community Impacts A telecommunications facility can potentially adversely affect the aesthetics and/or character of a neighborhood or city. This happens when an installation, due to its size, appearance, or location, is inconsistent with the character of the properties and/or community surrounding the installation. Campanelli states: [ ] the magnitude of such potential impacts are greatest in residential communities [emphasis added]. 5 The tower at 815 South Aurora Street is one of the only towers currently standing in Ithaca. Even with the Telecommunications Ordinance, the City has a limited ability to prohibit tower siting in undesirable locations. The best tools we have for protecting sensitive areas is the TCO s fall zone requirement, a no-build zone twice the height of the tower, and our ability to request wireless providers to collocate new telecommunications devices (i.e., adding antenna arrays to an existing tower.) Siting towers in a small densely-populated city is obviously problematic, especially because of TCA constraints. Regardless, as technology increases and the capacity of existing towers is reached, new towers at shorter distances from one another will have to be erected to meet consumer demand. 6 To this end, the loss of the tower at 815 South Aurora Street, and our ability to collocate communications devices, or a reduction in fall zone requirements will directly affect the siting of telecommunications facilities in all areas of the city. Physical Safety Concerns The FCC does not record the number of cell tower collapses or cell tower fires that occur in the U.S.; however, statistics show an average of one cell tower collapses each month and an average of one tower catches fire every three months in the US. 7 The internet also provides multiple videos showing wireless facilities collapsing and/or on fire. For example, in nearby Oswego, New York, a new cell tower collapsed at a firehouse, crushing the police chief s vehicle, because of the base plate bolts not being tightened ( In his report to the City of Calabasas, Campanelli discusses the common structural elements of cell towers which have caused or contributed to collapse: [ ] including baseplates, flanges, defective sections, joints and guy wires, among others. He further states that: Taking these structural failures into consideration, local zoning authorities have enacted fall-zone requirements, which mandate that wireless facilities are maintained at a sufficient distance from other structures and the general public, to ensure their safety in the event of a structural failure or fire at a wireless facility. The rule of thumb which seems to be taking hold across the United States is that most local ordinances provide for setbacks of 150% to 200% of the height of a proposed tower. 8 5 Ibid., p.11 6 Laurie Dichiara, Editor-in-Chief, Wireless Communication Facilities: Siting for Sore Eyes, Pace Law Review, Spring 1997, pp Dr. David M. Stupin, Cell Tower Collapse and Fire Survey, 8 Andrew J. Campanelli, Analysis and Suggested Revisions to Proposed City Ordinance , vember 30, 2011, City of Calabasas, California, p.13, 5

60 Campanelli continues by stating: These setbacks are deemed suitable to protect against the dangers [of] structural failures due to collapse, falling pieces of a tower, fire, or even falling chunks of ice [ ]. A fall zone is therefore not just a safety area to protect against the complete collapse of a tower, but it is also where other types of potential hazards may occur, resulting from the area s close proximity to a tower. A fall zone twice the tower height or 200% is justifiable because of potential tower collapse, various debris fields, and the dangers of falling ice and the spread of fire. Ramifications of Tower Collapse & Reducing Required Fall Zone In discussing this application with the applicant s agent, I learned the applicant has an option to buy the 2.5-acre parcel at 815 South Aurora Street to develop housing. Formerly used for fuel storage and facilities, the site is also where the alleged 170-foot cell tower is standing. A tower has been located on the property since the 1960s. In the 1990s, the tower was replaced with a tower 120 feet high. A tower of at least 140 feet was standing when the Telecommunications Ordinance was enacted in The property at 815 South Aurora Street is in an R-3 Residential Use District. The tower and associated structures are non-conforming. The first tower on site was used to communicate with oil trucks delivering oil from 815 South Aurora Street to other uses. At that time, the height of the tower was reported to be 60 feet. In the 1980s, the tower control room caught fire and the building containing the equipment was destroyed. In the early 1990s, the tower received a variance from the Board of Zoning Appeals for a height of 120 feet. While the former use of the property was non-conforming, the 2002 TCO allows telecommunications facilities to be sited anywhere, provided such facility meets other TCO requirements. The existing tower at 815 South Aurora Street also does not meet other setback regulations specified by the 2002 Ordinance. (See Section , Fall zone and setback requirements for Tier Three PWSFs. ) The applicant s engineers have measured the height of the tower (the tower base) at 170 feet; however, by definition in the TCO, height is measured to the highest attachment. (See definition of Height, Section ) Height is: The distance measured from at ground level (AGL) to the highest point of a PWSF, including the antenna array. Measuring to the top antenna produces a tower height of approximately 192 feet. Furthermore, according to the engineering reports, antenna arrays would cause a debris field that is added to the tower height. The Taitem Engineering, P.C. report claims: [ ] different communication components can add approximately 15-0 to the fall zone [ ] Therefore, the applicant s presumption that a safe fall zone is merely 170 feet in length is actually a zone with a 207-foot radius from the base of the tower. This is quite different from the applicant s claim that: [ ] under no circumstances of structural failure would the tower or parts of the tower fall outside an area equal to the height of the tower, which he claims is 170 feet Federal Wireless Facilities Deployment Act: Section 6409 The TCO s definition of a fall zone is an area on the ground within a prescribed radius that is twice the height of a tower. Contrary to the applicant s assertion that the fall zone only need accommodate for the tower s, or part of the tower s, structural failure, the second sentence in the definition clearly defines it more broadly as an area within which there might be a potential hazard from falling debris or collapsing material. 6

61 Unfortunately, recent Federal regulations have placed a new burden on the TCO s ability to regulate the fall zone of the existing tower at 815 South Aurora Street. The 2012 Federal Wireless Facilities Deployment Act, Section 6409, mandates there will be no limit to height or number of antennas that can be added once a cell tower is built. Section 6409 states: twithstanding section 704 of the Telecommunications Act of 1996 (Public Law ) or any other provision of law, a State or local government may not deny, and shall approve, any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station. 9 Substantially change is not defined in the Deployment Act itself; however, the FCC defines substantially change as an increase in height of 20 feet or 20%, whichever is larger. The FCC also allows the width of the tower to increase up to 40 feet. 10 Therefore, each application to add a new antenna array would allow the tower to increase an additional 20% in height. While Congress may adopt the National Collocation Agreement s definition that substantially change means an increase of up to 20 feet or 10% of the tower s height, Section 6409 supersedes the TCO s ability to prevent existing towers from growing substantially in height by locally determining fall zone and setback requirements. 11 In other words, the City has no control over determining the ultimate height of the tower located at 815 South Aurora Street. The current tower is at its loading capacity limit. The only way more antenna arrays can be added is to increase the tower s height. Several additions to the tower will rapidly increase the height of the tower and threaten the new residential development the applicant proposes to develop, should the tower structurally fail. I believe reducing the area of the fall zone requirements would be detrimental to the health, wealth, safety, and economic well-being of Ithaca s neighborhoods. Furthermore, a Zoning Director s interpretation is a Type 2 Action under City s Environmental Quality Review (CEQR) Ordinance. environmental review is necessary for an interpretation that would lead to the reduction of the current fall zone requirement. This interpretation is therefore made without further environmental review that would investigate other potential impacts on the existing and proposed development, or in other areas of the City where telecommunications devices can be sited if the fall zone setback is reduced. This includes investigating public controversy. Sincerely, Phyllis Radke, Director of Zoning Administration Department of Planning, Building, Zoning, & Economic Development 9 Best, Best & Krieger, Legal Alerts, New Federal Law Changes Local Zoning Rules for Wireless Antenna Sitings, February 23, David M. Stupin, Ph.D., neurokinetics, New Santa Fe County Code Allows Cell Towers with Applications, Setbacks, Laws Ruling Construction or Liability, and Against Federal Laws, September 20, 2014, p For a complete document on Guidance on Interpretations of Section 6409(a) of the Middle Class Tax Relief and Job Creation Act go to: 7

62 Stream Collaborative ah Demerest, AIA 123 S. Cayuga Street Ithaca, NY Re: Interpretation of Section A (1) Concerning Fall Zones for Telecommunication Towers. Dear Mr. Demerest On behalf of Todd Fox of Modern Living Rentals, you have requested an interpretation of Section A (1) concerning fall zones for telecommunication towers. Your letter dated February 15, 2015 requires an "interpretation" regarding how close to the wireless tower your client can place habitable structures or outdoor areas where people congregate. While you acknowledge that the Ordinance prohibits habitable structures within a fall zone of two times the height of the tower, you have obtained two Engineering reports that claim the existing tower at 815 South Aurora Street will actually fall a distance equal to the tower height plus an additional feet resulting from a debris field of antenna arrays. In your letter, you also state the City s fall zone requirement is excessive and unnecessary, and that the fall zone should be reduced to your calculated tower height plus 10 feet (180 ft total). Your stated reason for requesting an appeal of my interpretation is that the specified fall zone is "onerous and not based on sound structural engineering principles." However, Section A (1) plainly prohibits the placement of habitable structures or outdoor areas where people congregate within a fall zone of two times the height of the tower, and does not allow the use of any other method to calculate the size of the fall zone. Because you propose to place such structures in the fall zone as defined by the Ordinance, your proposal does not comply with this provision. Sincerely, Phyllis Radke, Director of Zoning Administration

63 From: Lisa Nicholas Sent: Wednesday, June 03, :24 PM To: JoAnn Cornish Subject: RE: BZA Appeal #2982 This is my opinion- don't know if you want to share it. I have very mixed feelings about this. It seems a lot of staff time to accommodate just one developer (who is pursuing a project despite very clear limitations of the site) and one smallish student housing project. We have been interested in amending the Telecom Ordinance for a long time - but for other reasons than changing the fall zone. It has never risen to a priority. This is the only guyed tower in the city and every year we get applications to add more equipment to it. With each new application we require an engineering report for the increased load. The level of staff time and expertise to undertake a change to the fall zone seems relatively high. We don't know if the engineering study submitted by the appellant is valid - so we would either have to hire a third party engineer or get an in-house review. If not sufficient we would have to undertake a new study before changing the zoning - if the study concluded that reducing the fall zone was safe. It may be more straightforward to amend the ordinance to include regulations for newer towers that are engineered to collapse - and thus require much smaller fall zones. That way a developer wishing to develop in the fall zone could negotiate with the owner of the existing tower to replace it with a newer tower. In either case we would need staff who had the time to research all this or money to hire a consultant. Is this possibly something a law intern could work on? Lisa Nicholas, AICP, Senior Planner Planning Division 108 E Green Street Ithaca, NY Infinite diversity in infinite combinations... symbolizing the elements that create truth and beauty. Mr. Spock (Star Trek character)

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65 Cayuga Lake Watershed INTERMUNICIPAL ORGANIZATION Intermunicipal Cooperation promoting protection of the watershed December 17, 2015 Dear Municipal Official, As you may know, the Cayuga Lake Watershed Intermunicipal Organization (IO) is currently involved in reviewing and updating the Cayuga Lake Watershed Restoration and Protection Plan (RPP), a comprehensive watershed management plan created in As the title of the plan suggests, its principal goal is to maintain and improve the ecological health and beauty of the watershed, along with building and maintaining a productive economy. To this end, upon completion of the original RPP, over 30 watershed municipalities entered into a memorandum of understanding to support these goals. The IO, through the RPP, is committed to exploring mutually beneficial ways of securing and sharing federal, state and county agency funding for projects submitted by municipalities that contribute to maintaining a healthy watershed. I ve attached a Municipal Watershed Issues List and a Municipal Project Identification Form. Under the original RPP, the IO assisted a number of municipalities in securing funding for infrastructure projects totaling $323,400. A list of those projects is also attached. As part of the RPP update, the IO will include a prioritized list of proposed projects submitted by member municipalities. Projects recommended and prioritized by the IO that contribute to the restoration and protection of the Cayuga Lake watershed and which are included in the plan, are likely to stand a better chance of getting funded than those submitted by municipalities without IO support. The IO is, therefore, requesting suggestions of appropriate projects from municipalities within the watershed, to be included in the updated Restoration and Protection Plan. The Municipal Watershed Issues List is to collect information regarding the priority watershed issues within your community. The Municipal Project Identification form is for you to submit project ideas. To give you an idea of projects that would be considered for funding, we recommend you take a look at Chapters 2 and 3 of the abridged version of the RPP. The document is available at Please review and complete these forms and return them to me at the address provided below. Feel free to contact me if you have any questions or need guidance. If I do not hear from you, a representative from the IO will contact you to answer questions about the forms and to help walk you through their completion. Sincerely, Tee Ann Hunter IO Chair

66 CAYUGA LAKE WATERSHED INTERMUNICIPAL ORGANIZATION Watershed Restoration and Protection Plan Municipal Project Identification Form Project County: Cayuga Cortland Ontario Schuyler Seneca Tompkins Project Municipality: Latitude/Longitude of project location: Jurisdiction of land where project is located: Public Private Other (explain): Project subwatershed (see map, other side of this sheet) Is the project located directly on a surface water: If yes, please name the surface water: Major concern (check all that apply): Stormwater Agriculture Erosion Wastewater Open Space, Access, Recreational Use Other recreation Other (explain): Narrative project description (100 words): Estimated projected cost: Potential funding source: Involved parties in project implementation: Timeframe: Short Term (1 2 yrs) Medium Term (3 5 yrs) Long Term: (6+ yrs) Contact person (name, title, municipality, contact information such as , phone number):

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68 Cayuga Lake Watershed Intermunicipal Organization Municipal Watershed Issues List Please review the following watershed issues list with your municipal board. The information you provide will be used to update the Cayuga Lake Watershed Restoration and Protection Plan and to help your municipality develop and apply for fundable water-quality protection projects. Directions You have a total of 15 points to assign to watershed issues of concern to your municipality. Points can be assigned to weight the relative importance of the concerns. For example, if you determine that both Drinking water (including surface and groundwater) and Tourism and other economic development are concerns, but drinking water is a greater concern relative to tourism, you might assign a 5 to drinking water and a 2 to tourism. Please use all 15 points. Municipality: Intermunicipal Organization Representative: Use Concerns Access to the lake and tributaries Aesthetics/scenic beauty/viewsheds Lake water levels Fisheries Recreational uses (including swimming, boating, hunting, fishing) Drinking water (including surface and groundwater) Weed growth that inhibits use of the lake and streams Odors Algae blooms that inhibit use of the lake and streams pg. 1

69 Environmental Threats Development (including urban/rural sprawl, shoreline and streamside development) Loss of natural areas (including loss of open space, diminishing natural habitat) Loss of streamside buffers Sediment loading (including siltation and streambank/roadbank erosion Excessive nutrients (from wastewater or fertilizer) Pathogens and viruses (including coliform, giardia and cryptosporidia) Landfills, dumps and hazardous spills and materials Agricultural contamination (i.e. pesticides, fertilizer, manure spreading) Industrial or Commercial contamination (including heavy metals, toxics, material stockpiles, mines) Municipal road maintenance (including ditching practices and road deicing) Residential contamination (including pharmaceuticals, microplastics, household hazardous waste) Stormwater runoff Invasive species (including plants, animals, aquatic and terrestrial) Climate change Flooding and storm damage Development and spread of energy infrastructure (including pipelines, compressor stations) pg. 2

70 Management Issues Tourism and other economic development Comprehensive planning Access to funding assistance for watershed protection and restoration Adherence to and enforcement of State and Federal water-quality standards (for swimming beaches, launch areas, residential areas, septic systems) Municipal resources (including expertise and staffing to support watershed projects) Municipal infrastructure related to water (public sewer and water) Watershed Education pg. 3

71 Cayuga Lake Watershed Intermunicipal Organization Restoration and Protection Plan Implementation Projects Project Location Project Type Year Grant Funding (Total Cost) Six Mile Creek, Town of Caroline Virgil Creek, Town of Dryden Genoa/Lansing Town Line Road, Town of Genoa Wyers Point Road, Town of Ovid Salt Point, Town of Lansing Watershed-wide Interlaken Stream restoration Stream restoration Roadbank stabilization Consulting on roadbank stabilization Habitat restoration Hydroseeding work in four counties Stormwater retention 2005 $132,200 ($650,000+ funds from DEC, SWCD, City of Ithaca, CCAP, Town of Caroline, Triad Foundation) 2005 $47,000 ($500,000 funds from FEMA and Town of Dryden) 2005 $3,000 ($22,000 labor and equipment from Town of Genoa) 2005 Engineer volunteered time to discuss options 2007 $51,000 (total $102,000; $51,000 local match) 2009 $26,500 (total $53,000) $34,000 (total $68,000; $34,000 in-kind match) Watershed-wide RPP Update $29,700 (total $58,400)

72 City of Ithaca Planning & Economic Development Committee Wednesday, January 13, :00 p.m. Common Council Chambers, City Hall, 108 East Green Street Minutes Committee Members Attending: Committee Members Absent: Other Elected Officials Attending: Staff Attending: Others Attending: Joseph (Seph) Murtagh, Chair; Graham Kerslick, Ducson Nguyen, Cynthia Brock, and Josephine Martell ne Mayor Svante Myrick and Alderperson George McGonigal JoAnn Cornish, Director, Department of Planning, Building, Zoning, and Economic Development; Kathy Servoss, Public Works; Jennifer Kusznir, Senior Planner; Nels Bohn, Director, IURA; Ari Lavine, City Attorney; Debbie Grunder, Executive Assistant ne Chair Seph Murtagh called the meeting to order at 6:00 p.m. 1) Call to Order/Agenda Review There were no changes made to the agenda. 2) Public Comment and Response from Committee Members Martha Robertson, 1655 Ellis Hollow Road, Dryden. She serves on the county s economic development committee. She spoke regarding the CIITAP program, more specific the child care incentive. There is a very large gap of affordable child care and its availability. Stacey Black, 329 East Cortland Street, Groton, served on the CIITAP review committee. Let s support local labor. Sue Kittel, Vice Chair, Workforce Diversity Committee along with Eloise Barrett and Schelley Michell-Nunn also on this committee. She spoke of the letter included in the meeting packet. This committee would like to address the diversity issues the community faces.

73 Sue Dale Hall, 217 rthview West, spoke of the child care CIITAP recommended inclusion in the new CIITAPP application.???? (no card completed) stated she is concerned about the cost of living in Ithaca and how it is continuing to rise. She feels that the criteria of the CIITAP application should have to be held to the different eligibility criteria based on the size of their project. Alderperson Brock thanked those who spoke. 3) Announcements, Updates, and Reports The State of the City stated the inclusionary zoning which will come to this committee in February. JoAnn Cornish announced the MLK breakfast will be held on Saturday, January 16, 2016 at the Beverly J. Martin Gymnasium. Alderperson Brock stated the information from Addisu Gebre regarding the Cascadilla Creekway Project is currently tied to DOT funds, but if it isn t, the City would have a better way of doing this. The Board of Public Works is asking for input on selecting an alternative to pursue related to the railing along the creek. Comments are due by January 31, ) Action Items (Voting to Send onto Council) a) Changes to Commons Ordinance Kathy Servoss, Executive Assistant, Superintendent of Public Works and chair of the Commons Advisory Board provided the Committee with the proposed changes to the Common Ordinance. She thanked Cynthia Brock for her recommendations which she incorporated them in the new draft. She discussed the four most important changes to the ordinance. Moved by Alderperson Brock; seconded by Alderperson Kerslick. Passed unanimously. JoAnn Cornish asked for a clarification on page 5. Page 5 lists the permits allowed and then later in the ordinance they are further explained. Questions regarding the maintenance and snow removal being crossed out. Servoss stated that area was crossed out since we are in the process of updating it. Alderperson Kerslick asked where people would look for updates to this ordinance. He made a friendly amendment with all the changes identified.

74 ORDINANCE NO BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 157 of the City of Ithaca Municipal Code entitled Commons be amended as follows: Section 1. Chapter 157 of the City of Ithaca Municipal Code shall hereby be repealed and replaced with the following: Article I. General Provisions; Commons Advisory Board Title. This chapter shall be known and may be cited as the "Ithaca Commons Rules." Purpose. The purpose of this chapter is to regulate the use and maintenance of the Ithaca Commons so as to promote the general welfare and public use of said area Definitions. As used in this chapter, the following terms shall have the meanings indicated: COMMONS ADVISORY BOARD That board, duly appointed by the Mayor, with approval of the Common Council, charged with various activities and/or powers relating to the Ithaca Commons by the Common Council. ITHACA COMMONS A. The following described two areas: (1) PRIMARY COMMONS That area of public property between the south building lines on the north side and the north building lines on the south side of the former bed and associated sidewalks of East State/East Martin Luther King, Jr. Street between the east line of Cayuga Street and the west line of Aurora Street and that area of public property between the west building lines on the east side and the east building lines on the west side of the former bed and associated sidewalks of rth Tioga Street between the north line of East State Street/East Martin Luther King, Jr. and the south line of Seneca Street. (2) SECONDARY COMMONS That area of public property between the south building lines on the north side and the north building lines on the south side of the 100 and 200 blocks of East Green Street, the 300 block of East State/East Martin Luther King, Jr. Street, the 100 block of West State/West Martin Luther King, Jr. Street and the 100 and 200 blocks of East Seneca Street and the public property between the east building lines on the west side and the west building lines on the east side of the 100 and 200 blocks of rth Aurora Street, the 100 block of South Aurora Street, the 200 block of rth Tioga Street, the 100 block of South Cayuga Street and the 100 block of rth Cayuga Street. B. Unless otherwise stated, "Ithaca Commons" or "Commons" shall mean both the Primary Commons and the Secondary Commons as described above. ITHACA DOWNTOWN BUSINESS IMPROVEMENT DISTRICT A not-for-profit business improvement league which engages in the following program areas for downtown Ithaca: business retention and development; promotions and marketing; government relations; image marketing. The Ithaca Downtown Business Improvement District is also known as the Downtown Ithaca Alliance (DIA).

75 NEWSRACKS Any self-service or coin-operated box, container, storage unit or other dispenser installed, used, or maintained for the display, distribution or sale of newspapers, magazines, news periodicals, or other news publications. SHOPPING CARTS Any cart, basket, container or other device made of wire, metal, plastic or other material, mounted on wheels, manually operated that is generally provided by merchants/stores for the conveyance of merchandise, foodstuffs and other property to automobiles and other places. STANDARD AWNING A nonstructural addition to the facade of any building, which is covered in fabric or other flexible membrane. The fabric or membrane is supported by a rigid frame of tubing or other noncombustible material. A standard awning must be capable of being rolled up or retracted to within one foot of the face of the structure to which it is attached. Such standard awning must not be capable of projecting from the face of the structure upon which it is mounted more than four feet from the face of the structure and must be no taller than four feet. The standard awning must be mounted on the face of the structure to provide for an unobstructed clearance below the rigid frame of the standard awning of seven feet above the sidewalk below. A non-rigid valance may hang no greater than one foot below the rigid frame. STANDARD CANOPY A nonstructural addition to the facade of any building, which is covered in fabric or other flexible membrane. The fabric or membrane is supported by a rigid frame of tubing or other noncombustible material. A standard canopy is one that is constructed so that it cannot be retracted. Such standard canopy may only project from the face of the structure upon which it is mounted four feet from the face of the structure and may be no taller than four feet. The standard canopy must be mounted on the face of the structure to provide for an unobstructed clearance below the rigid frame of the standard canopy of eight feet above the sidewalk below. A non-rigid valance may hang no greater than one foot below the rigid frame Creation of Board; responsibilities. A. There shall be a Commons Advisory Board as follows: (1) Membership. The membership of the Commons Advisory Board shall consist of ten total members including: one representative from the Common Council, and six members appointed by the Mayor with the approval of Common Council. Membership shall be balanced between members inside and outside of the Downtown Ithaca Business Improvement District. The Executive Director of the Downtown Ithaca Alliance, the City Clerk, and the Superintendent of Public Works or their designees shall serve as voting members. Board members will serve staggered two-year terms. (2) Officers. The Commons Advisory Board will have two officers: a Chair and Vice Chair, to be elected at the first regular meeting of each calendar year at which there is a quorum present. minations for these offices will be made from the floor with election by a majority of those members present at the meeting. (3) Officers' duties. The Chair will preside at meetings and have such other appropriate duties as may be assigned by the Board. The Vice Chair shall assist the Chair and preside at meetings in the Chair's absence. If both the Chair and Vice Chair are absent, an acting Chair will be selected by the Board. (4) Quorum. A quorum will consist of six members.

76 (5) Action. Action may be taken by vote with a quorum of six members present at a regular or special meeting. The Chair will be a voting member on all actions. Actions shall pass by vote of a majority of members present. (6) Meetings. Regular public meetings will be held with the place and time to be determined by the Board. Special meetings may be called at any time by the Chair or a majority of Board members. Members will be notified of scheduled meetings through electronic notification at least three days in advance. (7) Review of Ithaca Commons rules. The provisions of this chapter will be reviewed periodically and a report thereof, including recommendations for modification, submitted to the Mayor and Council. B. The Commons Advisory Board shall have the following responsibilities: (1) Direct. The Commons Advisory Board shall have direct responsibility and the ability to delegate and revoke activities relating to the matters listed below: (a) Use of the Commons; issuance of permits. [1] Use of the Commons for, and scheduling of, any of the following purposes: [a] Entertainment. [b] Cultural, social, civic, religious, and educational events. [c] Commercial sale of goods or products, solicitation, outdoor dining and use of mobile vending carts. [2] In circumstances when there is not adequate time to convene the Advisory Board to review a permit request, the Chair may, with the concurrence of five additional Board members through electronic notification, authorize the issuance of a permit. The Board may authorize the Chair alone, or the Superintendent, to approve certain types of permits as specified. (b) Type, size and placement of private advertising and identification signs on the Commons in accordance with Chapter 272, Signs, provided that such review and approval or disapproval shall not be required when the private advertising and/or identification sign is in connection with a marquee, canopy or sunscreen when the permission for the marquee, canopy or sunscreen has been granted by the Planning and Development Board or the Ithaca Landmarks Preservation Commission pursuant to Chapter 170, Encroachments. (c) Design and placement of public identification, informational and directional signs and graphics on the Commons. (d) Design and placement of, and materials used in, street furniture, such as benches, outside dining facilities, trash containers, flags, kiosks, playground equipment, commemorative plaques, and similar items used on public property on the Commons. (e) Design, placement and use of decorations on the Commons. (f) Installation or use of public or private sound amplification and transmission systems or equipment on the Commons. (g) Other duties and responsibilities as may be assigned by the Mayor or Common Council and to make such other recommendations to the Mayor and Council and other public boards, officials,

77 groups, or individuals as may be appropriate relative to the operation and administration of the Commons. (2) Indirect. The Commons Advisory Board will review and advise on those matters listed below: (a) Type, placement and amount of landscaping on the Commons. (b) Public lighting on the Commons. (c) Public and private construction, renovation and rehabilitation of building facades and open spaces (parking areas, entries, etc.) except for the installation of a standard awning or a standard canopy and demolition on the Commons. Review shall be in terms of aesthetic character, visual effect and operational impact, provided that such review and advice shall not be required when the construction, renovation and rehabilitation applies to a marquee, canopy or sunscreen where the approval for such marquee, canopy or sunscreen has been granted by the Planning and Development Board or the Ithaca Landmarks Preservation Commission pursuant to Chapter 170, Encroachments. (d) Public maintenance and repair on the Commons. (e) Traffic movement, parking and delivery methods around the Primary and Secondary Commons. (f) General maintenance of order on the Commons. (g) Placement, size, and type of public artwork, in any form, on and around the Primary and Secondary Commons. Article II. Use of the Commons Commons permits. A. Permit classes. Commons use permits will be required for all events, activities, displays, exhibits, commercial sales and other uses of the Commons. Such use permits will be issued in accordance with the provisions of this section. General classes of permits that will be referred to the Superintendent or the Commons Advisory Board include: (1) Commons use permits, including pavilion reservations, event permits, information table permits, and driving on the Primary Commons. For information on Commons loading zones, see 157-9G. (2) Use of amplified sound on the Commons including public address systems, bullhorns, sound amplifiers, and loud-natured acoustical musical instruments, such as horns, drums, and other percussion instruments. (3) Animals. Licensed dogs are allowed on the Primary Commons by permit only, pursuant to (4) External speaker permits for businesses on the Commons which utilize external sound systems that project onto the Commons. (5) Outdoor dining permits, including storefront dining permits for restaurants, and Commons space permits for use by the Downtown Ithaca Alliance. (6) Mobile vending agreements. B. Permit issuance.

78 (1) All requests for permits must be submitted to the Superintendent of Public Work s office. The Superintendent, or his/her designee, may ask for additional information, and/or request a personal appearance before the Commons Advisory Board to present the details of a permit application. (2) Review of permit requests shall include scheduling of specific time, duration, and location of the proposed use or activity. It may also include any special conditions or restrictions that should be placed on the permit. Permits will be approved by the Superintendent or his/her designee for a specific activity, specific date, specific time period, and specific location on the Commons. (3) The Commons Advisory Board shall serve as an appeals board for people whose permit applications have been denied or who feel that unreasonable restrictions have been placed upon their permit. (4) When a request is approved or conditionally approved by the Board, the issuance of a permit will be authorized subject to any conditions which have been imposed by the Board or which may be required by the City. Permits will be issued by the Superintendent or his/her designee. The applicant will be notified of the Board's decision within five business days after a decision has been rendered. (5) Any permit which has been reviewed and approved by either the Superintendent, his/her designee, or the Commons Advisory Board may be revoked or amended if it is determined that the activity for which the permit was issued is not being carried out in a manner that meets the terms of the permit. (6) If a request for a permit is denied by the Board, the applicant will be informed of the reasons therefore in writing within five business days of the decision. (7) The Superintendent will be responsible for notifying appropriate City staff of permit issuance. (8) A record of all Board actions will be maintained pursuant to applicable laws. C. Report of permit activity. A report on requests for permits and approved activities scheduled will be made at the regular meeting of the Commons Advisory Board Responsibilities of permit holder. A. The responsibilities of the permit holder shall be: (1) To supervise all materials, displays, products, equipment, and volunteers. (2) To entirely remove or properly dispose of all material and equipment used in any activity at the end of the use time and to leave the Commons in the same or better condition than when the event began. See also A. Maintenance Guidelines (3) To remove and properly dispose of all litter and trash created by the activity, use, or event. (4) To hold the City of Ithaca free and clear of any responsibility for any materials, products or equipment used in any activity or event on the Commons and for any damages, accidents or incidents which may occur in conjunction therewith. (5) To show proof, when required by the Superintendent, that liability insurance in an amount to be determined based on the nature of the event has been obtained, naming the City of Ithaca as an Additional Insured on the certificate. (6) To comply with all of the applicable conditions and guidelines as set forth by the Commons Advisory Board and the City of Ithaca.

79 (7) To provide a security deposit, when required by the Superintendent of Public Works, or the Commons Advisory Board, to cover anticipated cleaning and repair costs. (8) To show proof, when required, of various documents including a New York State sales tax certificate or Tompkins County Health Department certificate. B. A permit holder or vendor shall not discriminate against the people attending his or her event or patronizing his or her business because of actual or perceived: age, creed, color, disability, ethnicity, familial status, gender, height, immigration or citizenship status, marital status, national origin, race, religion, sexual orientation, socioeconomic status, or weight General Commons rules; signs, displays and temporary planters. A. The following rules apply to all uses and activities on the Primary Commons: (1) The fire lane is to be kept open and free of any obstructions at all times. exhibit or item will be permitted to locate in the fire lane. (2) Permits for use will be valid for the assigned space between the hours of 8:00 a.m. and 10:00 p.m. In scheduling events and activities on the Commons, consideration will be given to the people living and doing business on and around the Commons. Amplified sound is allowed on the Commons by permit only, pursuant to These regulations do not pertain to Special Events that are regulated under of the City of Ithaca Municipal Code. (3) Requests for multiple permitted events (3 or more) in a calendar year by a single user, requires approval by the Commons Advisory Board. Requests for weekly recurring events will be considered by the Commons Advisory Board for Mondays, Tuesdays, and Wednesdays. (4) Rain dates will not be scheduled at the time the original permit is issued but in case of rain, every effort will be made to reschedule the event at the earliest appropriate time upon written request from the event organizer. Reapplication for a permit will not be required. (5) Disrupting the natural flow of pedestrian traffic or the ingress to or egress from storefronts and businesses is prohibited. (6) person shall litter, throw, or scatter material of any kind on the Commons. (7) Sale of merchandise on the sidewalks or public thoroughfares on the Primary/Secondary Commons shall not be permitted without a valid permit, except that the sale of event-specific items and items related to, and being sold by, a not-for-profit organization, or a business located on the Primary/Secondary Commons shall be allowed pursuant to approval and permit by the Superintendent and/or Commons Advisory Board. (8) Promotional, advertising, banners or other materials are not to be placed across the Commons or affixed to any pavilion or other infrastructure, except in cases where a permit has been approved. (9) person shall climb upon or permit minors in his/her custody to climb upon any structure, on the Commons (other than a designated play structure). This includes, but is not limited public art pieces, light poles, trees, fountain, or planters. (10) items or animals shall be leashed, affixed or bound to any light pole, tree, planter, pavilion or other infrastructure on the Commons, except in cases where approval by the Superintendent of Public Works has been granted.

80 (11) The Commons can be reserved for "Sidewalk Sale Days," at which time Commons merchants would be allowed to display and sell merchandise on the Ithaca Commons. (12) Aggressive solicitation is prohibited pursuant to Chapter of the City of Ithaca Municipal Code. (13) Overnight sleeping on the Commons is prohibited except upon approval of a permit by the Commons Advisory Board. (14) Shopping Carts as defined in above are not allowed on the Commons. B. Signs; merchandise displays; temporary planters. A business, organization, or establishment may have signs and/or displays, to advertise the business in that location. Outdoor display of goods and merchandise are limited to the items sold within the retail establishment, subject to the following restrictions or privileges: (1) There may be a total of two freestanding signs or displays per business entrance, regardless of the number of businesses or organizations within the building. Where the word "sign" is used alone hereinafter, it refers to a sign or display. (2) For the Primary Commons, freestanding signs may be up to 48 inches tall. Signs may not extend beyond the building face or extend 7 feet from the building front. For the Secondary Commons, signs may be up to 48 inches tall by 24 inches wide and must be placed by the curb of the street in front of their building face, not blocking the opening of car doors or access to parking meters/pay stations, or bike racks, and must allow at least 60 inches (five feet) for a pedestrian right-of-way between the sign and the buildings. (3) All signs must be made of durable material and be heavy enough to remain in place in all weather and must present a professional appearance. (4) Signs must be maintained in good condition, with no rust, peeling paint, peeling laminate or broken sections. Outdoor signs and displays must not include any objects with sharp edges, protrusions or other features which may be hazardous to the public. (5) Merchandise displays may be 60 inches tall. Displays may not extend beyond the building face or extend beyond 7 feet from the building front. The display base shall be of a size no greater than 24 inches square and shall be made of a durable material and shall be heavy enough to remain standing in all weather. Displays must be maintained in good condition. The owner of signs or displays must keep the area around them clear of snow and debris on and around the signs at all times. See also A. Maintenance Guidelines (6) Temporary planters for flowers and plant display shall abut the building and extend no more than 24 inches into the pedestrian walkway or the fire lane, whichever is less. A planter must be at least 24 inches tall at the lip of the planter. Planters may extend the length of the business. Planters must be maintained in good condition, filled with plants or flowers, and must be kept free of snow and debris in and around the planters. See also A. Maintenance Guidelines (7) sign, merchandise display or planter may block or obstruct a fire suppression system affixed to a building or impede traffic flow in or out of building entrances. (8) Businesses with outdoor dining permits must keep their signs, merchandise displays and planters within their designated outdoor dining area. (9) All signs and merchandise displays must be taken in at the close of the business day and during inclement weather conditions. See also A. Maintenance Guidelines

81 (10) The Downtown Ithaca Alliance shall be allowed to place signs at or near the Bernie Milton Pavilion and the four entrances to the Commons (Aurora Street, Cayuga Street, Seneca Street and Home Dairy Alley). These signs shall not impede pedestrian traffic or block fire lanes. (11) Outdoor food sales are not permitted during Special Events on the Commons. Outdoor dining establishments with an agreement with the City are exempt from this provision. (12) The building owner shall be liable for any violations under this Section. The building owner is responsible for following the requirements of the City of Ithaca Sign Ordinance (Chapter 272) in determining the rights of building tenants to place signs, merchandise displays or planters on the Commons. The building owner may not charge any fees for the use of a sign in public space Amplified sound, lights and other electrical equipment. A. Except by special permit issued by the Commons Advisory Board or its designee, no person shall operate or cause to be operated on the Ithaca Commons any boom box, tape recorder, radio or other device for electronic sound amplification in a loud, annoying or offensive manner such that noise from the device interferes with conversation or with the comfort, repose, health or safety of others. Refer to City of Ithaca Municipal Code Chapter 240 entitled ise for further information. B. Except by special permit issued by the Commons Advisory Board or its designee, no person shall operate or cause to be operated any boom box, stereo system, tape recorder, radio or other device from on or inside any building on the Ithaca Commons, the sound from which is directed outside towards the pedestrian area. C. The provisions of Subsections A and B above shall not apply to emergency warning devices, sirens, alarms or other devices being used solely for public safety purposes. D. Amplified sound may be used between 11:00 a.m. to 2:00 p.m. Monday - Friday; and 5:00 p.m. to 9:00 p.m. Sunday Thursday. On Friday, amplified sound is allowed from 5:00 p.m. to 10:00 p.m. and on Saturday, amplified sound is allowed from 10:00 a.m. to 10:00 p.m. Approval of a noise permit by the Commons Advisory Board or its designee is required. Sound levels are subject to immediate volume reduction upon request by any City official, staff member of the Downtown Ithaca Alliance, or member of the Commons Advisory Board. E. The use of supplemental lighting, movie and slide projectors and any other type of electrical equipment or display will be carefully reviewed by the Superintendent, City Electrician, and the Commons Advisory Board so as to minimize nuisance or hazard conditions Vehicles on the Commons. A. Only service and business delivery vehicles are allowed on the Primary Commons between the hours of 6:00 am and 9:00 a.m. each day of the week except on days when major festivals are planned. A valid pay and display ticket shall be visible on the dash of each vehicle. All vehicles shall enter the Primary Commons on the West end (Cayuga Street) and exit on the East end (Aurora Street). All vehicles shall remain on the edge of the Fire Lane. Businesses with rear access should continue to use that space for deliveries and service work. Vehicles may not be unattended for more than 5 minutes. parking of vehicles is allowed. Any vehicles remaining on the Primary Commons after 9:00 a.m. shall be subject to towing at the owner s expense. Requests to drive a vehicle on the Primary Commons during other hours, vehicles with a gross weight over 10,000 pounds, and vehicles with trailers, require additional consideration and a permit issued by the Superintendent. Permits will only be issued for a two hour time period. B. vehicle shall operate at a speed greater than five miles per hour. The use of a flagger and/or hazard flashing lights is required for any permit granted by the Superintendent.

82 C. If it is necessary for vehicles to operate in reverse gear while on the Primary Commons, a flagger is required. This provision shall not apply to emergency vehicles when operating during an emergency situation. D. Any vehicle which must remain on the Primary Commons as an integral part of a display or exhibit or if extended service is necessary must be able to be moved immediately. E. Municipal and utility vehicles will be permitted on the Primary Commons for the minimum time necessary to complete their task. tification of such shall be made to the Superintendent s office prior to beginning the work. F. Precautionary measures must be taken to prevent dripping of oil, transmission fluid and other fluids on the concrete when a vehicle is stopped. In the event that drippings of oil or other fluids occur, the set guidelines for removal of stains on concrete pavers established by the Department of Public Works must be followed. See also A. Maintenance Guidelines G. Ithaca Commons loading zones. Use of the loading zones at the entrances to the Primary Commons is strictly reserved for vehicles making deliveries or loading and unloading passengers. other use of the loading zones shall be made without the express written permission of the Chief of the Police Department Bicycles and other wheeled devices. A. Riding of bicycles, roller skates, skateboards and similar wheeled devices is prohibited on the Primary Commons. Standing or sitting astride a bicycle with one leg on either side of the bicycle is also prohibited. Wheelchairs, baby strollers and similar devices intended for the convenience and comfort of infants or people with disabling conditions are permitted on the Commons. thing herein shall prohibit a pedestrian from walking a bicycle on the Primary Commons or having a bicycle or skateboard in the pedestrian's possession while on the Primary Commons. B. person shall park any bicycle against windows, trees, light poles, planters or other infrastructure in any such manner as to constitute a hazard to pedestrians, traffic or property. Bicycle racks are provided at different locations on the Commons for the storage of bicycles on a short-term and/or daily basis only. C. Bicycles may be impounded for the following reasons: (1) There is reasonable cause to believe the bicycle has been stolen; (2) There is reasonable cause to believe the bicycle has been used in the commission of a crime; (3) The bicycle has been parked in violation of Subsection B above, and the owner or person authorized to possess the bicycle has refused to remove it or has not been identified after a reasonable inquiry; or (4) The bicycle has been abandoned. Before a bicycle may be considered abandoned, it must remain unmoved for at least 24 hours after a notice has been affixed to the bicycle by the Ithaca Police Department warning that it may be impounded unless moved within 24 hours. D. A violation of this section shall be punishable by a fine of not more than $50. A second violation within three years is punishable by a fine of not more than $150 or a conditional discharge requiring not more than 40 hours of community service and not less than $50 or a conditional discharge requiring not less than 15 hours of community service. A third violation within three years is punishable by a fine of not more than $250 or a conditional discharge requiring not more than 60 hours of community service and not less than $100 or a conditional discharge requiring not less than 25 hours of community service.

83 Alcoholic beverages. alcoholic beverages may be sold or consumed on the Commons except by special permit approved by the Common Council for a specific date, location and duration. Liquor and general liability insurance may be required in an amount to be determined based upon the nature of the event; but, in no case, shall it be less than $1,000, Insurance certificates must name the City of Ithaca as an Additional Insured for the duration of the event Dogs and Other Animals. A. animals are allowed on the Primary Commons except by special permit. This provision does not apply to Service animals providing assistance to people with special needs and police working dogs. B. Owners or tenants of residential or commercial premises on the Primary Commons, whose only access to their premises is from the Primary Commons, may apply to the Superintendent for a special permit. Such permit shall be conditional upon compliance with all City laws and ordinances pertaining to animals, and as outlined above in 157-5(3). C. A permit shall allow tenants and owners of premises on the Primary Commons, or the customers of businesses that require the presence of animals to perform the function of the business, to transport their animals to and from their premises in the shortest and most direct route possible. Animals shall be leashed or transported in carriers. D. The permit shall not be transferable and is revocable at any time should the permit holder fail to comply fully with the terms of the permit. The permit shall be valid for the duration of the owner's lease or ownership of premises on the Commons or for a period of one year, whichever is shorter. The permit shall be renewable annually upon application to the Superintendent. The permit fee shall be set by the Commons Advisory Board. more than two permits shall be issued for each residential or commercial unit. In the case of a business that requires the presence of animals to perform the function of the business, one permit shall cover the business and all of its customers. In addition, a valid New York State dog license is required, and must be presented at the time of application for the permit. E. The Commons Advisory Board shall review each application for a business permit and shall grant such permit upon the following conditions: (1) That animals shall be limited to an area between the premises and the closest of the four primary Commons entrances (Home Dairy Alley, Aurora Street, Seneca Street or Cayuga Street); (2) That the permit shall be for the movement of animals to and from the business and shall not allow for the loitering of animals in the permitted area; (3) That the dog owners or other persons responsible for the dog are responsible for promptly removing any animal waste pursuant to of the City of Ithaca Municipal Code which is not preempted by this section; and (4) That the permittee, should the dog owner fail to fulfill this responsibility, shall be responsible for the cleaning of any animal urine or feces that is deposited in the permit area Posting of bills and notices. A. Posting of bills or notices or the attachment of any unauthorized devices to any public structures of the Commons is prohibited Newsracks.

84 The Downtown Ithaca Alliance shall administer the placement of newsracks on the Commons. Requests to use the newsracks will be considered in accordance with the policy approved by the Commons Advisory Board Refuse. Commons businesses and residents will be allowed 24/7 access to a secure disposal facility. Private trash and recycling will not be collected on the Primary Commons. Only authorized users with key access will be permitted to use the disposal facility. Users will need to place trash in authorized bags. In the event that the transport of trash results in drippings or leaking fluids on the Commons, the guidelines for cleaning stains established by the Department of Public Works must be followed. See also A. Maintenance Guidelines. Fines will be imposed for users who abandon unaccepted items or who dispose of trash without using an authorized bag Storage. storage of items, material or stock, etc., will be allowed anywhere on the Commons, except by permit issued by the Superintendent of Public Works Property damage. Unauthorized cutting, mutilating, removing or taking away of any trees, shrubs or flowers or the defacing or damaging of property is prohibited unless expressly authorized by the Superintendent of Public Works Cleaning and repairing. A. All users involved with activities on the Commons shall be responsible for cleaning and repairing to assure that the Commons will be returned to its prior condition previous to its use. Failure to comply with this provision shall result in the City's taking necessary action to clean and repair the Commons and to restore it to its prior condition. In such case, the City shall bill the user for the cost of such repairing or cleaning, both on the Commons and on the surrounding business improvement district. It is expected that the same level of maintenance will be extended to the entire business improvement district as prevails for the Commons. This provision shall not relieve the City from performing normal, routine cleaning and maintenance activities. B. Maintenance and Snow Removal Guidelines (1) Guidelines will be developed by the Department of Public Works in accordance with best practices, with approval from Board of Public Works, and will be updated as needed Fees. Permit and use fees will be established by the Commons Advisory Board in consultation with the Board of Public Works. Fees may be waived or reduced by the Commons Advisory Board if deemed in the best interest of the community. All fees shall be paid at the time the permit is issued Street Performers Street performers and acoustical musicians may perform on the Commons between 10:00 a.m. and 9:00 p.m. Sunday through Thursday; and 10:00 a.m. and 10:00 p.m. on Friday and Saturday. All street performers shall locate along the edge of the fire lane and must remain mobile at all times in case emergency vehicles require access to the area. Performance equipment and materials may not be left unattended. Street performers must move to a different location every 45 minutes. The Commons Advisory Board reserves the right to designate specific areas for street performers.

85 The use of amplified sound or fire during a performance is only allowed by permit from the Commons Advisory Board. Loud natured acoustical instruments such as horns, drums and other percussion instruments require a noise permit from the Commons Advisory Board. Performers are responsible for monitoring and controlling the volume of sound they make and must reduce the volume upon the request of the Ithaca Police Department, City staff, Downtown Ithaca Alliance staff, or a member of the Commons Advisory Board. Performers may accept voluntary donations but shall not base their performance upon payment or aggressively solicit contributions. Performers must not be under the influence of alcoholic beverages or controlled substances while performing. Ithaca Police Officers may require performers to relocate or leave the Commons area if they are creating a disturbance that negatively impacts the businesses or residents in the area. At the conclusion of a performance, the performer is responsible for removing any debris, trash, or litter associated with the performance or audience. Article III. Outdoor Dining Applications; rules of operation; permits; appeals. A. The Superintendent or his/her designee shall review and consider outdoor dining applications for food establishments on the Primary and Secondary Commons. establishment shall be permitted to use City property for outdoor dining purposes without an approved permit in place. Applications shall include the following documentation: (1) Certificate of general liability insurance in an amount to be determined based upon the nature of the event, but in no case shall it be less than $1,000,000.00; it must also name the City of Ithaca as an Additional Insured. (2) Proof of worker's compensation insurance. (3) If alcohol is to be served, additional liquor liability insurance is required in an amount to be determined, but in no case shall it be less than $1,000, It must name the City of Ithaca as an Additional Insured. (4) Sketch of area, with dimensions. Show storefront, curb, dining area and other important items (e.g., trees, fire hydrants, etc.). (5) A use fee shall be submitted with the completed outdoor dining application and required paperwork. B. Rules of operation. (1) The dining area shall be adjacent to the business holding the agreement. On the Primary Commons, the area may not extend out from the building more than 7 feet. The dining area shall not impede pedestrian traffic flow, and shall not extend beyond the agreement holder's storefront on the Commons. (2) The dining area shall be physically defined. Establishments serving alcohol require approval from Common Council through the City Clerk s office. (3) The business owner shall be completely responsible for all aspects of the area, including cleanliness, trash, and stain removal. (4) The outdoor dining season shall be from April 1 to March 31. Outdoor dining furniture may not impede the City's efforts to remove debris, or snow and ice accumulations from the Commons.

86 (5) Outdoor dining applications must be submitted and approved annually. (6) Furniture and fixtures, signs, and means used to define the dining area, will be allowed only during the approved dining hours and within the sidewalk markings provided by the City. Permittees shall be held responsible for the actions of their staff and customers. (7) The area used is subject to periodic review by City staff. (8) Any permittee who violates B (6) regarding the placement of outdoor dining furniture and fixtures shall receive a written warning for the first violation. The permittee shall be liable for a civil penalty of $250 for the second violation in a twelve-month period, $500 for the third violation in a twelve-month period, and $1,000 for the fourth and subsequent violations in a twelve-month period. In lieu of a $1,000 fine, the permittee may agree to a temporary permit revocation of seven consecutive days within the month the violation is served. (9) The City reserves the right to require a security deposit if the site is not maintained free of trash, litter, grease and stains. The business owner is responsible for removal of stains or drippings in accordance with the guidelines for stain removal established by the Department of Public Works. See also A. Maintenance Guidelines (10) The City may terminate this agreement at any time without cause, in which case the applicant shall be reimbursed for the period of time which would be remaining on the agreement if the agreement were not terminated before expiration. (11) The City may terminate this agreement for the following causes, including but not limited to: (a) Violation of the guidelines and requirements listed above. (b) Fraud, misrepresentation or false statements in the agreement application. (c) Violation of any ordinances, regulations or laws applicable to the holder of such agreement. (12) If the agreement is terminated for cause, the agreement period shall end immediately, and no refunds will be issued. tice of proposed suspension or revocation of an agreement for outdoor dining shall be given in writing, setting forth specifically the grounds of the complaint. The applicant shall have a right to a hearing in front of the Commons Advisory Board on the proposed revocation or suspension. (13) The Commons Advisory Board shall have the right to terminate or re-instate the agreement. Such decision shall become effective immediately. (14) Any applicant whose agreement is revoked under this regulation may not reapply for another agreement until the expiration of one year from the date of revocation. (15) The applicant shall not discriminate against any employee, applicant for employment, subcontractor, supplier of materials or services, or program participant because of actual or perceived: age, creed, color, disability, ethnicity, familial status, gender, height, immigration or citizenship status, marital status, national origin, race, religion, sexual orientation, socioeconomic status, or weight. C. The Department of Public Works shall be authorized to issue permits to the Downtown Ithaca Alliance for placement of tables and chairs for dining and leisure purposes on the Primary and Secondary Commons during the warm weather season.

87 D. Appeals for denied agreements. Any person or group that has been denied an agreement for outdoor dining on the Ithaca Commons may appeal such decision to the Commons Advisory Board. Such appeal shall be submitted in writing to the Superintendent's office within 10 days from the date of denial. The Commons Advisory Board may act to sustain the original decision or to revise it, with or without conditions. Article IV. Mobile Vending Mobile Vending Cart Regulations: A. Types of vendors on the Commons: (1) Food/beverage (non-alcohol only)/merchandise. Vendors selling food/beverages need to check with the Tompkins County Health Department regarding their regulations. (2) n-food/merchandise for sale/services. (3) See Exceptions B. Definition of Mobile Vending: selling food/beverage/merchandise/services from a wheeled carrier that can move easily without the use of a vehicle or power source. Carts must be batteryoperated and completely self-contained as the City does not provide water or electric to the vendors. The use of generators is prohibited. C. Cart Construction Requirements: Vending carts are required and must be constructed in a professional manner and using methods and techniques associated with good craftsmanship. (1) Awnings, canopies, or umbrellas. Lowest edge six and one-half feet from the ground; flame resistant or fire retardant canvas or simulated canvas with a peaked roof that may extend 18 inches beyond the side of the cart. Canopies and awnings must be fastened to all corners. Umbrellas must be windproof using a standard metal umbrella holder with a locking devise permanently attached to the cart. (2) Box carts: carts that are shaped like a square or rectangular box, having a permanent roof, four permanent sides and limited see-through ability- are not permitted. (3) Coolers (for food/beverage vendors only): Maximum of two coolers per cart vendor. Both coolers are required to be stored on the same dolly. Each food vendor is required to have one dolly. Coolers must be pressed up against cart or no more than 6 away from cart. All coolers must be kept in a clean and sanitary condition free of dirt, grime, grease. (4) Display Cases: Must be sturdy, in good repair, and attached to the cart (preferred). If not attached, they must be heavy enough to withstand considerable winds or other natural elements. (5) Fixtures: Good quality hinges, clasps, and other hardware must be secured firmly to the cart. (6) Height: Maximum of eight feet (from pavement to highest point of the cart). (7) Lighting: Lighting can be used for preparing and serving food and illuminating a menu. Decorative lighting is not permitted unless approved by the Commons Advisory Board. Lighting not approved by the Commons Advisory Board must be removed immediately. (8) Making carts stationary: Mobile carts must be stationary in their locations. Locking wheels are preferred. Wheel chocks may be used. (9) Mats: Required for food/beverage vendors only. Clean solid, fire retardant tarp, minimum 12 square feet, in front of each food cart to capture spilled food/beverage and waste. exception. Staff may require additional mats as needed (under grill area for example). Mats should be rolled up, removed from the Commons, and cleaned before reuse. Vendor is responsible for removal of any drippings or stains that occur at their location. Vendors must use the guidelines for stain removal established by the Department of Public Works. See also A. Maintenance Guidelines (10) Maximum Cart Size: larger than 32 square feet and of reasonable proportions.

88 (11) One structure only: Cannot use more than one structure per vendor location. (12) See-through ability: Must be able to see through at least two sides of the cart at all times. (13) Signage: Product brand names, related to products being sold, are permitted on umbrellas. All signs are subject to rules as outlined in City of Ithaca Municipal Code Chapter 272 entitled Signs. (14) Tables: free-standing tables. Built in, folding-down tables attached to the actual vendor cart are acceptable, provided they have been approved by the Commons Advisory Board. (15) Trash/Recycling receptacles: Each vendor must have a trash container with a lid and trash bags must always be used. Vendor must also have a recycling container. The vendor must follow the strict carry in/carry out policy of the City of Ithaca. Vendors may not use Commons trash receptacles. Vendor may use the secure trash facility used by Commons businesses through the purchase of an access key and authorized trash bags. (16) Wheels: Minimum six inch diameter. Two large wheels and one small wheel are acceptable. (17) Shopping carts are not allowed as part of the mobile vending space Mobile Vending Locations. The Commons Advisory Board is authorized to determine appropriate locations where vending shall take place. The Superintendent's office shall maintain and make available to the public a map of approved vending locations Hours of operation. Operating hours for mobile vending carts are between 10:00 a.m. and 10:00 p.m. Carts must be removed from the Primary Commons between the hours of 10:00 p.m. and 9:00 a.m. Vendors who wish to operate outside regular hours must obtain permission from the Commons Advisory Board Agreements. A. The Superintendent may issue agreements for mobile vending on the Primary Commons pursuant to the Mobile Vending Map, which is approved by the Commons Advisory Board annually. The Superintendent may refuse to issue an agreement: (1) If there are no eligible vending sites available. (2) To any applicant who fails to satisfy the application requirements. (3) To any applicant who violated the terms of a mobile vending agreement the previous vending season. B. Application requirements. (1) Completed applications for vending agreements with corresponding fees shall be received and considered by the Superintendent or his/her designee. Fees include, but may not be limited to application fee, security deposit, and use fee. The fees have been established in accordance with Chapter 170 of the City of Ithaca Municipal Code entitled Use of Real City Property (2) A description of the type of merchandise, service, food or beverage menu to be offered for sale. (3) Price list of each item being sold. (4) A description and photograph of the cart to be used.

89 (5) Proof that the applicant has complied with the established regulations of the Tompkins County Health Department, Ithaca Fire Department and other appropriate state, federal and local laws and regulations applicable to the vending business. (6) A certificate of liability insurance in an amount to be determined but in no case shall it be less than $1,000, It must also name the City of Ithaca as an Additional Insured. (7) Proof of New York State Worker's Compensation and Disability insurance; or New York State Worker's Compensation and Disability exemption certificate completed. (8) Applicant shall demonstrate that they have a New York State sales tax certificate at all times while they are vending. (9) A written description of waste disposal plans for trash, water, grease, and other materials. (10) Proof of 501(C)(3) designation, if applicable. (11) The Superintendent may require additional information from the applicant if deemed necessary. (12) Whenever a name or address provided by the vendor on his or her agreement or application changes, he or she shall notify the Superintendent within 10 days of the change. C. Mobile vending agreements. Upon receipt of a completed application and appropriate fees, the Superintendent will prepare a mobile vending agreement between the vendor and the City of Ithaca. The Superintendent s office will maintain the original agreement on file in their office. D. Security deposit. A refundable security deposit is required for all vendors. All sites are subject to periodic review, and the deposit will be refunded upon final site inspection by the Department of Public Works at the end of the agreement period. Vendors must comply with guidelines for stain removal established by the Department of Public Works. See also A. Maintenance Guidelines. If grease or other stains are found at the vending site, the Department of Public Works shall make arrangements with the vendor for clean up within a specified time period. If the site is not cleaned up within that time period, the Department of Public Works will clean the site and will subtract the fee from the security deposit. If additional costs are incurred, the vendor will be billed accordingly. E. All fees are nonrefundable. F. Requested site location. Sites are listed on the Commons Amenities Map obtained from the office of the Superintendent of Public Works. Site preference consideration will first be given to returning vendors, and then on a first-come basis. If two returning vendors request the same site, the site will be awarded on a first-come, first-serve basis Vendor responsibility. A. Vendors receiving agreements shall: (1) Comply with all laws, ordinances and regulations applicable to their business. (2) Refrain from operating carts after agreements expire and when the agreements are suspended or revoked. (3) Surrender their agreements promptly upon their revocation or suspension. (4) Defend, indemnify, save and hold harmless the City of Ithaca from any and all acts of negligence arising from the vendor's use of the Commons and shall be so duly insured.

90 B. The vendor will not discriminate against any employee, applicant for employment, subcontractor, supplier of materials or services, or program participant because of actual or perceived: age, creed, color, disability, ethnicity, familial status, gender, height, immigration or citizenship status, marital status, national origin, race, religion, sexual orientation, socioeconomic status, or weight Rules of operation. The following are the mobile vending rules of operation: A. Vending sites are 10 feet by 10 feet in size, and vendors are required to keep all of their equipment within their assigned site. B. Vendors shall not block or inhibit pedestrian traffic or allow emergency vehicular traffic to be impeded because of vending operations. C. Vending hours are from 10:00 a.m. to 10:00 p.m. unless special permission is granted by the Commons Advisory Board. D. Vending carts must be attended at all times. E. All carts and equipment must be removed from the vending site at the close of business each day. F. All vendors must maintain the submitted list of items for sale and prices throughout the agreement period unless special permission is granted by the Superintendent or the Commons Advisory Board. G. Smoke and/or odors produced by the cooking of foods on a mobile vending cart must be vented, filtered or disposed of in a comparable manner so as to reasonably prevent the release of odor or particulate matter into the surrounding environment. H. Vendors are responsible for trash and waste disposal. Vendors shall provide a container for trash and litter, and be responsible for the appropriate removal and disposal thereof. dumping is allowed in City trash cans, grates, storm sewers, or other areas. I. Vendors shall keep public spaces within a ten-foot radius of their cart clean and free from paper, peelings, oil and grease spills and refuse of any kind generated from the operation of their cart. If spills do occur, the vendor is responsible for using the guidelines for proper removal of stains established by the Department of Public Works. See also A. Maintenance Guidelines J. music, amplified sound, or repetitive noise that can be heard outside of the vending site may be played by the vendor. K. If a vending site remains vacant for three consecutive weeks without notification to the Superintendent's office, it will be considered abandoned and re-assigned, with no refunds issued. L. The City reserves the right to move vendors for necessary maintenance and repairs on the Commons. M. The City does not provide water or electric service to mobile vendors. N. All vendors shall cooperate with staff members of City of Ithaca and the Downtown Ithaca Alliance Suspension or revocation of agreement.

91 A. The City may terminate a mobile vending agreement at any time without cause, in which case the vendor shall be reimbursed for the period of time that would be remaining on the agreement if the agreement were not terminated before expiration. B. If the agreement is terminated for cause, the agreement period shall end immediately, and no refunds will be issued. tice of proposed suspension or revocation of an agreement for mobile vending shall be given in writing, setting forth specifically the grounds of the complaint. The vendor shall have a right to a hearing on the proposed revocation or suspension before the Commons Advisory Board no sooner than ten (10) days after requesting such a hearing, in writing. Grounds for termination include, but are not limited to: (1) Violation of the rules of operation. (2) Fraud, misrepresentation or false statements on the application. (3) Fraud, misrepresentation or false statements made in connection with the selling of merchandise. (4) Violation of any ordinances, regulations or laws applicable to the holder of such an agreement. (5) Conduct of the business permitted in an unlawful manner or in such a way as to constitute a menace to the health and safety of the public. C. The Commons Advisory Board shall have the right to terminate or reinstate the agreement. Such decision shall become effective immediately. D. Any applicant whose agreement is revoked under this regulation may not reapply for another agreement until the expiration of one year from the date of revocation Ithaca Festival and other events. twithstanding the above, permits to sell on the Commons or to operate mobile vending carts granted pursuant to this chapter shall include days on which it is expected that the Ithaca Festival or other events sponsored by the Downtown Ithaca Alliance will take place on the Commons. A listing of these events and dates shall be maintained by the City. The vendor will be required to make application to the event coordinator and pay any additional fees as required. Vendors may be relocated from their assigned spot during the event, at the discretion of the event coordinator. Vendors must follow the rules of each event. Vendors interested in vending during special events should contact the Downtown Ithaca Alliance, Ithaca Festival offices, or other event coordinator for information regarding vending requirements for those special events Exceptions. Persons holding a license issued by the Tompkins County Clerk to vend under the status of a United States Armed Forces Veteran pursuant to 32 of the General Business Law, to the extent legally permitted, shall be required to abide by all regulations except those concerning fees Appeals for denied agreements. Any person or group that has been denied an agreement to vend on the Commons may appeal such decision to the Commons Advisory Board. Such appeal shall be submitted in writing to the Superintendent's office within ten (10) days from the date of denial. The Commons Advisory Board may act to sustain the original decision or to revise it, with or without conditions. Article V. Exceptions; Penalties Limited waivers and exceptions. The Commons Advisory Board is authorized to grant limited waivers and exceptions to the provisions of this chapter, as appropriate and for temporary periods not to exceed one week in duration. Such waivers and exceptions shall be subject to any appropriate review by the

92 Superintendent of Public Works or his/her designee, the Fire Department or the Police Department Applicability of other ordinances. Except as otherwise provided in this chapter, all existing ordinances of the City of Ithaca shall apply to the Ithaca Commons Penalties for offenses. Except as otherwise provided, any violation of the provisions of this law shall be punishable as a civil offense in accordance with 1-1, of the City of Ithaca Municipal Code. Section 2. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 3. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter.

93 b) Changes to Exterior Property Maintenance Ordinance If you ve signed up for the notification service, you will receive a notice of the violation. You get a 24 hour time frame to correct it. Mike Niechwiadowicz was asked whether different types of violations receive another 24 hour notice. He would like to see it for each type of violation, not the violation. The cumulative violations will be tracked separately. It was the agreement of the committee the violations will be handled by type of violation. Alderperson Brock moved the ordinance with the suggested amendments she read for the group; seconded by Alderperson Nguyen. She also included a second whereas and corrected the word sight to site under amendments to Section It was also suggested that the garbage can lid violation be reduced from $20 to $10. Moved by Alderperson Kerslick; seconded by Alderperson Brock. Passed unanimously. ORDINANCE An Ordinance Revising Chapter 178 of the City of Ithaca Municipal Code WHEREAS, Chapter 178 of the City of Ithaca Municipal Code establishes Exterior Property Maintenance requirements for properties throughout the City, and; WHEREAS, the City of Ithaca recognizes and affirms that clear and accessible sidewalks are a priority for the City as a matter of protecting our citizen s civil rights to effectively use the sidewalk and pedestrian infrastructure within the City, and; WHEREAS, the Common Council desires to adjust the schedule of civil penalties applicable to violations of this chapter, along with certain time periods by which some violations are defined, and; WHEREAS, the Rental Housing Advisory Commission has proposed recommendations to Common Council to lower the civil penalties and address the issue of lids missing from garbage containers; now therefore BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Findings of Fact. The Common Council finds that the public will be better served by a lower schedule of civil penalties applicable to violations of this chapter, including taking account of the minor nature of violations comprised only of lids missing from garbage containers. Section 2. Amendments to Section Paragraphs A and B of Section shall be amended as follows:

94 A. All grounds on the exterior of the premise are kept free from solid waste and any litter that has been cast, blown, thrown, put, placed, or accidentally dropped on the grounds, bushes, or in trees, and allowed to remain on the grounds, bushes, or in trees for 4824 hours, is removed. B. All garbage, when stored outside, is completely contained in nonabsorbent, watertight, durable containers having a tight-fitting lid in place. Plastic bags are not considered durable containers. Strong, waterproof plastic bags may be used to place garbage at the curbside on the evening before scheduled collections or may be taken to an approved refuse disposal sight site. Garbage containers, whether they contain garbage or not, shall have a tight-fitting lid in place at all times. Tight-fitting lids shall be placed back on all garbage containers as soon as possible after garbage collection and, in any event, on the same day as collection. Any garbage remaining after scheduled pickup must be removed from curbside as soon as possible after garbage collection and, in any event, on the same day as collection. Garbage containers shall not be stored in front yards or any other yards that have frontage on a public street unless all yards on the property have frontage on public streets. Prohibited storage areas include the area between the sidewalk and curb. Composting materials, so long as they are maintained as defined by this section, shall not be considered garbage. It is presumed that the contents of any garbage bag or plastic bag or garbage can is garbage. For purposes of this paragraph, stored shall mean located outdoors in a general vicinity for at least 24 hours. Section 3. Amendments to Section Subparagraphs A(1) and A(2) of Section shall be amended as follows: A(1). A(2). Any property owner and/or agent who violates any provision of this chapter or of , except those provisions specified in Subsection A (2) below, shall be liable for a civil penalty of $10 for the first violation at a property within a six-month period, $50 for a second violation at the same property within a six-month period, $200 for a third violation at the same property within a six-month period, and $100$300 for a third fourth or subsequent violation at the same property within a six-month period. For any fine not paid within six months of the date of the offense, there shall be a late penalty in the amount of 20% of the fine added to the amount due, such late penalty waivable for good cause shown. Any property owner and/or agent who violates any provision of (B) solely insofar as to fail to have a tight-fitting lid in place on garbage containers E, G, I or J, or any of the provisions in 178-3F regarding grass, weeds, brush, plantings, or obstruction of views, shall be liable for a civil penalty of $20$40 for the first violation at a property within a twelve-month period, $60 for a second violation at the same property within a twelve-month period, and $100 for a third or subsequent for each such violation at the same property within a twelve-month period. Section 4. Severability. Severability is intended throughout and within the provisions of this Ordinance. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this Ordinance. Section 5. Effective Date. This ordinance shall take effect immediately upon publication as provided for in the City Charter.

95 c) Discontinuance of portions of Lake Avenue and Adams Street Proposed Resolution Concurring with the Board of Public Work s Determination to Discontinue the rthern Portion of Lake Avenue and Eastern Portion of Adams Street Moved by Alderperson Kerslick; seconded by Alderperson Martell. Passed unanimously. WHEREAS, presently before Common Council is the Board of Public Works January 11, 2016 resolution to discontinue the northern section of Lake Avenue and eastern section of Adams Street, which the Board referred to Common Council for direction and review of the discontinuance, and WHEREAS, the proposed discontinuance involves portions of Lake Avenue and Adams Street, which collectively are referred to as the Street Parcels and are more particularly described as follows: That portion of Lake Avenue commencing at the western corner of Lake Avenue and Hancock Street, running northeast approximately 37 feet, then 393 feet to the northwest to meet the eastern corner of Lake Ave and Adams Street, then 173 feet to the southwest to meet the eastern curb face line of Alice Miller Way, then southeast approximately 73 feet, then northeast approximately feet, and then southeast approximately 327 feet to the beginning, and WHEREAS, the portions of the above-described streets to be discontinued are depicted on the survey map titled. 210 Hancock Street and. 423 First Street, prepared by Darrin A. Brock, L.S. of T.G. Miller P.C. on August 12, 2015, which is hereby incorporated by reference, and WHEREAS, upon the discontinuance of the above-described Street Parcels, they will be used for green space, pedestrian and bicycle space, and a playground, which shall be open and accessible to the public, in accordance with the approved Site Plan dated August 25, 2015 and the Agreement executed between Ithaca Neighborhood Housing Services (INHS) and the City on September 4, 2015, and WHEREAS, New York s General City Law, Section 20(7), grants to cities the authority to lay out, establish, construct, maintain, operate, alter and discontinue streets; and WHEREAS, City Charter Section C-71 grants the Board of Public Works the authority to lay out, alter, discontinue, regulate, straighten, widen, pave, curb, clean and sprinkle the streets, highways, bridges and crosswalks, and Charter Section C-61 provides that the Board shall have control of the City department pertaining to Streets and Sidewalks and its property, albeit subject to the limitations herein contained and the direction and review of the Common Council, and WHEREAS, to the extent that the Planning and Development Board of the City is required to have an opportunity to comment upon the proposed discontinuance of a City

96 street, such opportunity was provided in this case, and such comments were provided in a memorandum dated vember 30, 2015 supporting the proposed discontinuance; and WHEREAS, the public hearing required to be conducted before a street is discontinued was conducted on vember 9, 2015, at which hearing no comments were made by members of the public; and WHEREAS, environmental review of the proposed discontinuance has been completed by Board of Public Works acting as lead agency for purposes of specifically assessing the environmental impact of the discontinuance on the Street Parcels, in which the Board reviewed the Planning Board s Full Environmental Assessment Form dated May 4, 2015 and the Planning Board s SEQR record, and on vember 9, 2015 independently adopted the findings contained in the May 26, 2015 negative declaration of environmental significance issued by the Planning Board; and WHEREAS, at its meeting of January 11, 2016, the Board of Public Works, upon due consideration of the impacts of discontinuance of the Street Parcels on the immediate community and the City as a whole and pursuant to the authority vested in it by the Charter of the City of Ithaca, voted to discontinue the Street Parcels as City streets; now therefore be it RESOLVED, that the Common Council hereby concurs with the determinations of the Board of Public Works in its January 11, 2016 resolution, namely: 7) That discontinuance of the Street Parcels will not negatively impact the immediate surrounding community or the City. 8) That the Board appropriately found that the Street Parcels were useless as City streets, as that term is defined in State law; and 9) That the proposed discontinuance, and the corresponding agreement executed with INHS, will result in the beneficial development of a landscaped pedestrian and bike way along Cascadilla Creek and playground accessible to the public, installed without cost to taxpayers, and will lessen the workload for the Department of Public Works as a result of INHS commitment to maintain the discontinued Street Parcels and avoiding the need to reconstruct or repair either portion of the discontinued Street Parcels; and be it further RESOLVED, that upon Common Council s authority under Charter Section C-61 to direct and review the Board of Public Work s discontinuance of any City street, Common Council concurs in, and does not object to, the Board s determination to discontinue; and be it further RESOLVED, that Common Council opts at this time not to establish an official City map, and thus waives its jurisdiction to amend the same pursuant to General City Law 29.

97 The City will continue to maintain these streets. d) Changes to Taxicab Ordinance Moved by Alderperson Brock; seconded by Alderperson Kerslick. Passed unanimously. Alderperson Brock asked whether there is any repercussion if a taxi cab refuses to pick up a fare. ORDINANCE NO BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. The following sections of Chapter 232 of the City of Ithaca Municipal Code entitled Licensing of Businesses and Occupations, Article VI entitled Taxicabs are hereby amended to read as follows: Taxicab Driver's license required; qualifications. person shall operate or drive a taxicab without having in force and effect a taxicab driver's license in accordance with the provisions of this article. person shall be issued a taxicab driver's license unless such person: A. Has a valid New York State chauffeur's license. B. Is over the age of 18 years. C. Is of sound mind and body, with good eyesight and not subject to any infirmity of mind or body which renders the applicant incapable or unfit to safely operate a taxicab. Each applicant shall produce a physician's medical certificate signed by a licensed physician, physician's assistant, or nurse practitioner dated not more than 30 days prior to the application certifying that the applicant is physically qualified to operate a motor vehicle. D. Is clean in dress and person and is not addicted to either intoxicating liquor or to the use of drugs. E. Meets the standards embodied in Article 23-A of the New York Correction Law if he or she has previously been convicted of one or more criminal offenses. Shall not have been convicted of a felony involving violence, dishonesty, deceit or indecency nor any sexual offense. F. Shall not have been convicted of driving with ability impaired or intoxicated due to alcohol or drugs while operating a taxicab. G. Shall not have been convicted of leaving the scene of an accident which resulted in personal injury or death for five years from the date of the last conviction.

98 H. Shall not have been convicted, as a first offense, for any violation of driving while ability impaired or intoxicated due to alcohol or drugs for five years from the date of conviction. I. Shall not have been convicted, as a second offense, for any violation of driving while ability impaired or intoxicated due to alcohol or drugs Application for taxicab driver's license; investigation and refusal. A. Contents. (1) Every applicant for a taxicab driver's license shall submit a signed and sworn application upon such forms as shall be required by the Chief of Police, showing compliance with the requirements hereinabove set forth and such other information as shall be deemed necessary and reasonable by the Chief of Police in the interest of safety, health and welfare. Such information that is required by the Chief of Police shall include but not be limited to a statement giving: (a) The full name and place of residence of the applicant. (b) The applicant's date of birth, height, color of eyes and hair and place of birth. (c) Whether or not the applicant is a citizen of the United States. (d) Places of employment for the previous five years. (e) Whether the applicant has ever been convicted of a felony or misdemeanor. (f) Whether the applicant's driver's license has ever been suspended or revoked and, if so, for what cause. (g) The chauffeur's license number issued by the state. (2) Submit a certification of physical examination to be signed by a licensed physician, physician's assistant, or nurse practitioner. (3) Such statement shall be signed and sworn to by the applicant and filed with the Chief of Police. B. False information; effect and action thereon. Any false statement by the applicant for a taxicab driver's license shall be cause for refusing the license or revoking the license after it is issued, and any such false statement shall be promptly reported by the Chief of Police to the District Attorney. C. Photographs of drivers. Each applicant for a taxicab driver's license must file with his/her application two unmounted, unretouched, good-likeness photographs of the applicant, full face size, two inches by two inches. The face portion shall not be less than 1 3/4 inches high, with the balance in normal prospective proportion. The photograph shall be taken within 30 days of the date of the application by means of a permanent, nonfading process. The applicant shall be hatless in the photograph. A copy of the photograph shall be filed with the application and another copy attached to the license to be issued hereunder. If the applicant does not have the means to produce

99 such photograph, the Ithaca Police Department will make arrangements to have the photograph taken. D. Fingerprinting of drivers. The applicant shall submit to fingerprinting by the Police Department and shall furnish a set of fingerprints have fingerprints taken every three years. The criminal history report that is returned with the fingerprints shall be submitted to the Ithaca Police Department as part of accompany the application. which shall be kept on file as a permanent record. E. Authorization for investigation. Accompanying each application, the applicant shall furnish to the Chief of Police, on a form provided by the Chief of Police, a signed authorization by the applicant permitting any person to divulge and report to the Chief of Police any matter which might otherwise be confidential, without limitation except as required by law. F. Investigation. After receipt of an application, the Chief of Police shall institute an investigation of the applicant, including the applicant's driving record, and no license shall be issued under the provisions of this article until the Chief of Police has indicated, in writing, approval thereof after such investigation has been completed. G. Refusal of license. If the results of the investigation are unsatisfactory, in the opinion of the Chief of Police, the applicant shall be refused a license, subject to the provisions hereof for hearings Taxicab licensing procedures. A. Taxicab license application. Application for taxicab licenses shall be made by the owner of each business on forms to be furnished by the Chief of Police. The completed application shall contain: (1) Owner information: the name, date of birth, address, telephone number and record of all convictions of crime, if any, of: (a) Owners. (b) Managers having immediate charge of taxicabs. (c) Beneficial holders of 25% or more of stock of corporate applicants. (2) Prior license history of owner: whether the owner has been previously licensed to operate a taxicab in the City or elsewhere and, if so, the particulars thereto. (3) Vehicle information required for each operating taxicab: the make of the motor vehicle, the year, the engine and body serial number, the state registration number, the length of time and mileage that the vehicle has been driven and the seating capacity according to its trade rating. (4) Vehicle inspection: Proof of New York State inspection made within 30 days of the license application shall be submitted by the applicant for each vehicle in operation. In

100 addition, the Chief of Police, or his/her designee, shall inspect said vehicles to ensure that the interior and exterior of the each vehicle is maintained in a clean and sanitary condition, and that the signage requirements of this article are complied with, and reinspection of said each vehicle may be made from time to time by the Chief of Police or his/her designee. Each vehicle shall be submitted to a New York State inspection annually at least once every six months. (5) Vehicle liability insurance: proof of liability insurance in the minimum amount of $25,000 per person and $50,000 per accident for personal injuries, and $10,000 per accident for property damage. (5) Vehicle liability insurance: Proof of insurance in accordance with the minimum amounts as specified by the City, which such minimum levels shall be updated from time to time, and shall be available for review on the City's website and/or in person at the Ithaca Police Department. B. Vehicle type authorized. All taxicabs shall be of vehicle types approved by the New York State Department of Motor Vehicles for use as a taxicab. C. Investigation. After receipt of an application, the Chief of Police shall institute an investigation of the applicant, including the applicant's driving record, and no license shall be issued under the provisions of this article until the Chief of Police has indicated, in writing, approval thereof after such investigation has been completed. D. Issuance of license. (1) Upon completion of the investigation aforesaid, the Chief of Police is authorized to issue a taxicab license upon determining: (a) That there are no false statements or concealed facts in the application. (b) That all application requirements have been satisfied. (c) That each and every applicant, as specified in subsection A(1) of this section, meets the standards embodied in Article 23-A of the New York Correction Law if he or she has previously been convicted of one or more criminal offenses. (d) That there are no other grounds for refusal. In this regard, the license may be refused for any reason which, in the opinion of the Chief of Police, may be detrimental to the best interest of the general public both in welfare and safety, provided that, in the making of such determination, the Chief of Police shall set forth specific reasons for such disapproval. Such findings shall be subject to hearings as provided by this article. (2) Such license shall be for a period of 12 months from the date of issuance, unless sooner revoked. E. Renewal of taxicab license. The same procedures shall be followed as for original applications. Every person to whom an owner's license is issued shall have the right to renew said license within 30 days of the expiration date, provided that the other requirements of this article are complied with.

101 Suspension or revocation of taxicab vehicle for hire business licenses. A. Grounds. A taxicab license may be revoked or suspended at any time at the discretion of the Chief of Police if the a vehicle is used for criminal business or purposes or if the licensed owner is convicted of a violation of this article. B. Surrender of taxicab license. Whenever any taxicab license is revoked, the same shall be surrendered to the Chief of Police. If a taxicab license is suspended, the same shall be surrendered to the Chief of Police and retained by him/her until the suspension period expires. C. Automatic revocation. In the event that any person to whom a taxicab license is issued has such license suspended on three occasions, such owner's license shall be revoked. [Deleted and reserved for future use.] Taxicab rates. A. Taxicab zones and rates. The City of Ithaca is hereby divided into zones as shown on a map and schedules entitled "Taxicab Zones and Rate Schedules, City of Ithaca," which said map and schedules, appended herewith, are hereby declared to be a part of this article.[1] Schedule A therein depicts the base zone charges, for one passenger, for a trip between the designated zones. Schedule B depicts the fuel cost recovery surcharge which may be added to the applicable base zone charge, as set forth in Subsection B below. A. The rate for taxicab fares that originate and terminate within the City of Ithaca between the daytime hours of 6:00 a.m. and 6:00 p.m. shall be $7.50. The rate for taxicab fares that originate and terminate within the City of Ithaca between the nighttime hours of 6:00 p.m. and 6:00 a.m. shall be $8.00. B. Except as otherwise provided in Subsection C D below, the prices that may be charged by the owners or drivers of taxicabs for the transportation of a passenger within the City shall not exceed the cumulative, applicable amounts. shown on said map and schedules, or, for additional passengers, as shown on said schedules and as set forth in Subsection C below. At least once every three years, during the month of April, the amounts shown on said map and schedules shall be reviewed by Common Council to determine if the rate schedule in force at the time remains appropriate. Taxicab rates shall be reviewed by Common Council at the request of an owner of a licensed taxicab company but not more than once every calendar year. The following notice shall be conspicuously posted in full view of passengers: "Rate maps and schedules for fares that originate in the City of Ithaca, together with the full text of the city's rate law and a copy of the most recent applicable

102 fuel surcharge confirmation, are available upon request from the driver of this taxicab, according to City ordinance." B. C Rates for trips outside of the City of Ithaca. The taxicab rate for standard fares that originate within the City but terminate outside of the City shall be as follows: East Hill Plaza $11.00 Cayuga Medical Center $11.00 Malls/Triphammer Area $12.00 Convenient Care $15.00 Ithaca College $11.00 Tompkins County Airport $17.50 TC3 $31.00 Trumansburg $30.00 Fuel cost recovery surcharge. Effective October 1, 2006, a fuel cost recovery surcharge may be added to the base zone charge for a taxicab passenger, subject to the following. This surcharge is based on the following findings: (a) The estimated average length of a taxicab trip is 6.8 miles; (b) The estimated average gas mileage of a taxicab is 15 miles per gallon of fuel; (c) Thus, the average taxicab trip uses.45 gallons of fuel; (d)the incremental effect, on the cost of an average trip, of each ten-cent-per-gallon increase in the cost of gasoline, since the last adjustment of the base zone rates, is deemed to be an additional $0.05. (2) Based on the foregoing, a chart setting forth the applicable fuel cost recovery surcharge at each level of current gasoline prices is included in Schedule B of the aforementioned Taxicab Zones and Rates Schedules. (3) Using the chart in Schedule B, the amount of the applicable fuel surcharge shall initially be determined as of October 1, 2006, and shall be determined and adjusted as of January 1, April 1, July 1 and October 1 of each year thereafter. (4) For the quarter commencing on each such effective date, the amount of the surcharge shall be based upon the average, regular conventional retail gasoline price per gallon in New York State, as reported by the U.S. Department of Energy, Energy Information Administration (or its successor agency), for the date which is 10 days before each of the effective dates set forth immediately above. (5) The amount of the surcharge shall be confirmed, in writing, by the office of the Controller of the City of Ithaca, at least five days before each of the effective dates set forth above, which confirmation shall be made available by that time at City Hall and on the City of Ithaca s internet website.

103 (6) taxicab owner or driver may charge or collect any fuel surcharge unless: (a) The surcharge sought is the surcharge amount then in effect; (b) The owner or driver has procured written confirmation by the office of the City Controller of the surcharge currently in effect; and (c) The owner or driver can display a copy of said confirmation to the passenger, prior to collection of the fare. C. D. Rate rules. (1) Zone line rates. When the destination of the taxicab is the dividing line between two zones, the fare for the lesser zone will be charged. Children. One child five years of age or under shall ride free if accompanied by an adult passenger. driver shall be required to convey any child under the age of five years unaccompanied by an adult. Seniors. Passengers 65 years of age or older shall be granted a $1.50 discount. of $1.15 in regulated fares. Additional passengers. A taxicab driver may charge $01.50 fare for each additional passenger of the same party and same destination. Late night surcharges. A taxicab driver may charge an additional $0.50 per passenger for each trip commencing or terminating between 8:00 p.m. and 5:00 a.m. Baggage. charge will be made for two suitcases, no larger than two feet by two feet by six inches in size, and one travel bag for each passenger. A charge of $1 for each oversized or additional piece of luggage under 25 pounds shall be authorized. A charge of $5 for footlockers or luggage over 25 pounds shall be authorized. Each passenger shall be allowed to carry up to five papers or 10 plastic grocery bags at no charge. A charge of $0.25 for each additional grocery bag shall be authorized. A $3.00 surcharge will be charged for oversized luggage and trunks that weigh 50 pounds or more. Skis. A charge of $2.50 per pair of skis is authorized, provided that taxicab is equipped with suitable racks. Tip solicitation. driver shall solicit tips, gratuities or any additional charges other than those authorized by this article. However, non-solicited voluntary tipping is permitted.

104 Out-of-own flat rates. If the taxicab is engaged for an out-of-town trip originating or terminating in the City of Ithaca, the taxicab driver shall agree with the passenger prior to the commencement of the trip for the rate to be charged, which shall include all tolls required to be paid. Prepayment. A taxicab driver shall have the right to demand payment of the legal fare in advance and may refuse employment unless so prepaid. Group rides. taxicab driver shall carry any person other than the passenger first employing the taxicab without consent of such passenger. Exclusive rides. A passenger may request an exclusive ride through dispatch when arranging for transportation. If a passenger is not willing to share a ride with others, a $3.00 surcharge will be applied to the regular fare. Waiting time. After a person has hired a taxicab, there shall be no charge for up to five minutes during which the taxicab waits for the passenger at the passenger's request. There shall be a charge of $2.50 for each additional five minutes or any portion thereof. The taxicab driver shall inform the passenger of the charge for waiting time at the time of request. Disputed fares. In the event that there is a dispute between the taxicab driver and a passenger with respect to a fare, the taxicab driver shall submit the dispute to the desk officer in charge at police headquarters notify a police dispatcher so that a police officer can respond to help mediate the dispute. If the passenger then makes payment according to the amount determined by said police officer, the passenger shall be given a receipt by the taxicab driver of the amount paid, which shall be witnessed by the police officer. If the passenger pays under protest, such fact shall be recorded by the desk police officer, who shall make a memorandum of the dispute and the disposition made. The disposition of the dispute shall not be binding in a court. Taxicab owners shall furnish each driver with a copy of the rate rules, supplied by the City Clerk, and shall instruct their drivers to apply the rules fairly and consistently, advising them that charges must not be exceeded under any circumstances. Fuel Surcharge. In the event of an energy/gasoline crisis or when gasoline prices exceed $4.00 per gallon for a period of 30 days or longer, a fuel surcharge may be implemented by Common Council. This surcharge will be added to the base fare Suspension, revocation or refusal to renew licenses; hearings. A. Reasons. The Chief of Police may suspend, cancel or revoke a taxicab drivers or taxicab license and may refuse to approve an application or a renewal thereof for any of the following reasons:

105 (1) Violations: the applicant or licensee has not satisfied or has violated any of the provisions of this article. (2) Prior revocation or suspension: the applicant, any officer, director, stockholder or partner or any other person directly or indirectly interested in the application for a taxicab license was the former holder or was an officer, director, partner or stockholder in a corporation or a partnership which was the former holder of a taxicab license which had been revoked or suspended. (3) Unfit applicant or licensee: the Chief of Police finds the applicant or licensee not fit to be a licensee in the best interest of the public welfare and safety. (4) If the vehicle is used for criminal business or purposes, the licensee is convicted of a violation of this article, or the licensee is convicted of a criminal offense such that he or she fails to meet the standards as embodied in Article 23-A of the New York Correction Law. (5) In the event that any licensee has such license suspended on three occasions, the license shall be revoked automatically. B. Surrender of license. Whenever a license is revoked, it shall be surrendered to the Chief of Police. If a license is suspended, it shall be surrendered to the Chief of Police and retained by him/her until the suspension period expires. C. Hearing. Any taxicab driver or taxicab owner whose license has been suspended or revoked or who has had a renewal refused or any individual to whom an initial license has been refused shall be granted a hearing before the Community Police Board within 30 days after written request therefor has been made to the Chief of Police. At the hearing, such person shall have an opportunity to rebut by evidence or testimony such suspension, revocation or refusal. The Community Police Board is authorized to affirm, reverse or modify in any respect the action of the Chief of Police. Section 2. Severability. Severability is intended throughout and within the provisions of this local law. If any section, subsection, sentence, clause, phrase or portion of this local law is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portion. Section 3. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter.

106 e) Changes to community Investment Incentive Tax Abatement Program (CIITAP) Moved by Alderperson Nguyen; seconded by Alderperson Kerslick. To add #7 to the existing CIITAP application. Passed Unanimously. Alderperson Brock recommended that a fund be set up for those involved in the program and the City to decide how much money goes to help areas in the City that need

107 been created [figures based on a memo from Economic planner Jennifer Kusznir to the City Planning and Economic Development

108 Committee, December 4, 2014], and with several more similar projects pending, and 10) Whereas there appear to be no metrics or goals to determine when the CIITAP program is deemed successful or when it could be eliminated but that the reasons for the policy as outlined above appear to be fully met, and 11) Whereas the trend for American downtowns to once again become a preferred living, shopping, and visiting space is already well under way in Ithaca, as stated, for example, by Jan deroos, a hotel siting expert at Cornell s School of Hotel Administration and former member of the City s Board of Zoning Appeals. deroos has concluded that downtown Ithaca is an established destination, stating Building on green space doesn t work anymore Travelers want to be able to walk out of their hotel and have a selection of restaurants and shops right there Ithaca is the poster child for this kind of thing, and 12) Whereas CIITAP based abatements may have brought more development and a larger tax base to downtown Ithaca, the projects only occasionally bring sustainability initiatives, affordable housing, and local business promotion and more and more frequently are met by strong public opposition due to the type of development, construction impediments, parking and traffic concerns, and other community impacts; now therefore be it Resolved that the Common Council should: 1. Declare that CIITAP s original objectives have been met. 2. Recognize that a vibrant local economy is characterized not only by a strong tax base, creative events, and influx of outsider spending, but also by sustainable environmental practices and opportunities for local residents to find good paying jobs and affordable housing. 3. Revise CIITAP s objectives and abatement recommendations to focus specifically on development of permanently affordable rental housing and affordable or mid range owner occupied housing for long term community residents that is:

109 i. well insulated and sourced by renewable energy, ii. consistent with the size, scale, and locations recommended in the Comprehensive Plan, and iii. built by a diverse workforce including at least 80% local labor who are paid a living wage. 4. Develop city wide policies such as inclusionary zoning, enhanced building codes, or other initiatives that will help to achieve the following goals without the need for tax abatements: i. development of energy efficient, renewable energy sourced affordable housing, ii. hiring of diverse local labor, and iii. payment of a living wage. 5. Develop specific criteria to determine benchmarks for success of the revised CIITAP program, and evaluate and report on the progress of the program annually. 6. Terminate the revised CIITAP program as soon as possible and in no case later than 5 years from vember ) Action Items (Voting to Circulate) a) Temporary Mandatory Planned Unit Development for the Waterfront Alderperson Brock suggested including both sides of Fulton Street in this zone. Chair Murtagh is fine with the map as it is. Jennifer Kusznir suggested since this PUD is geared toward the Comprehensive Plan, she will look at the boundaries. Alderperson Martell moved to circulate with the revised map; seconded by Alderperson Kerslick. Carried unanimously. This will come back in February with a public hearing. ORDINANCE NO. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that the City does hereby establish a Temporary Mandatory Planned Unit Development (TMPUD) District for the Waterfront Study Area as follows:

110 Section 1. Chapter 325 of the City of Ithaca Municipal Code is hereby amended to add the following section: Temporary Mandatory Planned Unit Development (TMPUD) District A. Declaration of Legislative Authority. This Planned Unit Development (PUD) Ordinance is being enacted pursuant to the authority established in the New York State General City Law 81-f. B. Purpose and Intent. A Temporary Mandatory Planned Unit Development District (TMPUD) is hereby established, for a period up to 18 months from the effective date of this ordinance, it being the intent of the Common Council that during that time the City will adopt land use regulations to implement a waterfront plan, the adoption of which regulations shall repeal this ordinance, or shall amend this ordinance to render the TMPUD non-mandatory. The purpose of this TMPUD is to provide the Common Council with transitional oversight for potential development projects in order to ensure that development in the waterfront study area supports the goals of the City s Comprehensive Plan, which may differ from the pre-existing zoning in this area. This is intended to allow the Common Council a reasonable period of time in which to establish a plan for the waterfront study area and to adopt compatible zoning standards. Under this ordinance, the Common Council intends to employ the recommendations established in the Comprehensive Plan when determining whether to approve a proposed development in the waterfront study area. The TMPUD will mandatorily apply to proposals for new construction or for development proposals that will change an existing building footprint by more than 50%, but shall not apply to any other construction or development, which shall remain subject to otherwise-applicable zoning ordinance. C. Background. 1. In September of 2015, the Common Council adopted Plan Ithaca, as Phase I of the City of Ithaca s Comprehensive Plan. This plan identifies the desired future land uses in the City, as well as areas where development is anticipated and encouraged, identifying community goals and recommendations for achieving these goals. 2. On August 17, 2015, the City of Ithaca Comprehensive Plan Committee submitted a written recommendation to the City that included developing a plan for the waterfront as a priority for the next phase of the City s Comprehensive Plan. 3. In vember of 2015, the Planning and Economic Development Committee of the Common Council directed Planning Staff to begin working on a waterfront

111 development plan as a part of the next phase for the Comprehensive Plan. The existing developable land along the City s waterfront is currently zoned WF-1, WF-2, SW-2, P-1, and I-1. The City Comprehensive Plan identifies the goals for the Waterfront Mixed Use area as the creation of a mixed use district, including commercial, and housing, with an emphasis on uses that create an active waterfront environment. The City Comprehensive Plan further notes that new development should protect view sheds and allow public access to the waterfront. Pedestrian and bicycle connections should be improved, particularly to adjacent mixed use areas. Developable space in the waterfront area is at a premium and reducing the impacts of parking in new development should be carefully considered. The City Comprehensive Plan also identifies the adjacent areas that are currently zoned industrial as having potential for additional development and employment opportunities. The waterfront study is intended to guide the City s decisions as to where and what type of development is appropriate, which will be determined by the Waterfront Development Plan currently being undertaken. 4. In 2014, the City adopted a floating PUD that could be used in any I-1 Zoning District. A PUD allows for flexibility in planning and design, while through the process of review and discussion, ensures efficient investment in development that, among others, forwards a City s comprehensive plan. Because the zoning in this area is in transition, the temporary mandatory PUD will enable development to continue during the crafting of new land use regulations, subject to Common Council s oversight. D. Effective Period. This TMPUD shall be in effect, within the boundaries described in Subsection E, herein, for a period of eighteen (18) months from the effective date of this ordinance, as described in Section 4, herein. E. Affected Properties and Boundaries of the TMPUD 1. All new construction and any construction that enlarges the footprint or total floor space of an existing building by 50% or more will be subject to the TMPUD under this ordinance, and absent compliance with the TMPUD shall not be entitled to proceed in reliance on pre-existing land use regulations, which absent the TMPUD might or would have enabled their construction. Any changes to existing structures that do not enlarge the footprint or total floor space of an existing building by 50% are not subject to the TMPUD and remain subject to the pre-existing underlying zoning.

112 2. The TMPUD shall be located in the waterfront study area, whose boundaries can be seen on the map entitled Proposed Waterfront Study Area-dated 12/9/2015.