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HomeMy WebLinkAboutPC Packet 2025-05-29 DEPARTMENT OF PLANNING 215 N. Tioga St 14850 607.273.1747 www.town.ithaca.ny.us TOWN OF ITHACA PLANNING COMMITTEE THURSDAY, MAY 29, 2025 at 3:00 P.M. Meeting Location: Ithaca Town Hall, 215 N. Tioga Street, Aurora Conference Room (Enter from the rear entrance of Town Hall, adjacent employee parking lot.) Members of the public may also join the meeting virtually via Zoom at https://us06web.zoom.us/j/6750593272. AGENDA 1. Persons to be heard. 2. Committee announcements and concerns. 3. Consider approval of April meeting minutes. 4. Review draft Local Law requiring Payment In Lieu Of Taxes (PILOT) for Large-Scale Solar Energy Systems. 5. Review draft Resolution Adopting a Vision Zero Policy template provided to Tompkins County Joint Safety Action Plan advisory group. 6. Review draft potential amendments to Short-term rental uses in Town Code Chapter 270- 219.7 (Zoning). 7. Staff updates and reports. 8. Discuss next meeting date and upcoming agenda items. A quorum of the Ithaca Town Board may be present, however, no official Board business will be conducted. Town of Ithaca Planning Committee Thursday,April 17, 2025 (3:00 PM Aurora Conference Room and on Zoom) Draft Minutes Committee members present: Rich DePaolo, Chair; Rod Howe &Margaret Johnson Board/Staff members: Director of Codes Marty Moseley Guests: Tompkins County Director of Assessment Jay Franklin, Town Clerk Paulette Rosa 1. Persons to be heard: None. 2. Committee announcements and concerns: None 3. Discussion of approach to requiring Payment in Lieu of Taxes (PILOT) for Solar Energy Systems over 1 MW. Tompkins County Director of Assessment Jay Franklin joined the meeting via Zoom. Rich explained that the NYS previously used a calculator form method for valuating large commercial scale solar projects. The previous calculator used generating capacity and other factors to come to the assessed value and that method is no longer constitutional in NYS. The two questions for Jay were: 1. Does the Town need to adopt a Local Law or a Resolution to require the PILOT? and 2. How will the Assessment Department determine the value of the pro erties? Jay explained that for municipalities to opt-into the new NYS State mandated Payment In Lieu Of Taxes (PILOT) for these projects a Local Law needs to be adopted with a public hearing and notice that a PILOT will be required in the future. The Local Law recently adopted by the Town of Dryden was distributed for reference. There were few exemptions, such as noncommercial solar energy systems and solar energy systems that do not seek or qualify for a tax exemption; all other systems would be required to enter into a PILOT. The Tompkins County Local Law requires a PILOT, at the same amount if subject to full taxation. It was recommended that the PILOT be the same amount as if fully taxed and any negotiations on that would be case by case. For valuation of new projects, Jay explained that the Assessment Department uses a method developed with NYSERDA for Assessors for an accurate valuation. Discounted cash flow approach was mentioned as an alternative but less preferred. Jay mentioned the recent court decision (Airey vs. State ofNew York) currently on appeal, which introduced uncertainty over how to value and assess renewable energy projects. Municipalities will continue to have the flexibility to negotiate payment in lieu of taxes (PILOT) agreements. Margaret noted a NYSERDA guidebook for municipalities developing PILOT Local Laws that may be a useful tool for the town while structuring the new local law. The committee thanked Jay for attending. Jay thanked the town for the continued open relationship with and indicated his availability for any other questions as needed. 1 The need was not immediately time sensitive and once the information is all gathered it will be sent to the town board for action. The respective Town of Dryden and Tompkins County Laws can be reviewed in detail along with the NYSERDA guidebook. 4. Review draft Resolution Adopting a Vision Zero Policy template provided to Tompkins County Joint Safety Action Plan advisory group.A draft resolution was included in the meeting packet and C.J. followed up with a table that had crash statistics and other information,however the headings did not show up to get the full view of the table. The committee deferred mainly to when C.J. is back to get in full discussion, however Rich asked the committee if they felt the racial profiling references are applicable or needed in the resolution that is related to multi-modal traffic safety and mitigation. There was not a proposed action with references, and he was not sure how it all fit together without statistics that racial profiling effects traffic safety in the county along with safety measures on the roads that could help decrease racial profiling. Margaret felt the statements were relevant and appropriate in the resolution draft/template. She offered to provide examples of how this occurs and traffic safety measures that could help. Consideration of this draft resolution was tabled to the next meeting or when C.J. is available. 5.Continued discussion of potential amendments to Short-term rental uses in Town Code Chapter 270-219.7 (Zoning). Rich noted he conferred with the Attorney for the Town with the attempt to craft language changes based on prior discussions with the committee that would limit the owner occupancy exemption on the qualifying parcels in Conservation Zones to existing property owners or structures with operating permits. Existing structures (not existing operating permits)was the approach recommended with the goal of not inducing hospitality uses in the Conservations Zone. Limits would include the number of days, Rich read through the existing allowance for more than the 29 unhosted days: An owner of a unit that satisfies at least one of the following criteria may rent such unit for unhosted short-term rental uses for up to 90 days in the aggregate in any calendar year: LA unit that is (a) located in a Conservation, Agricultural, Low Density Residential or Medium Density Residential Zone on a parcel that is larger than three acres, and(b) located more than 40 feet from the side property lines. 2.A unit that is located in a Conservation, Agricultural, Low Density Residential or Medium Density Residential Zone on a parcel that is not adjacent to any parcels that contain a dwelling. Those same exceptions could be used for the new language for standardization with the addition of waiving the owner occupancy requirement which would allow for some more flexibility for pre-existing structures who have owners that do not occupy them full time in conservation zones. The committee was in favor of continuing this approach and Rich offered to continue drafting language to present to the committee after conferring again with the Attorney for the Town. 6. Approval of March minutes: Rod moved the minutes for approval with one correction, Rich seconded. March 20, 2025, minutes were approved. 7. Staff updates and reports. 2 Abby forwarded the committee the zoom link for the upcoming virtual public meeting for the Safe Streets Tompkins project from 6:30-7:30 p.m. on Wednesday April 30t'. The invitation was sent to a list serve and shared with the Town Planning Board. Rod gave a brief recap of a recent meeting with one of the main property owners and a developer in the South Hill TND area. SouthWorks representatives were present as well as a representative from Ithaca Area Economic Development.All were still in favor of moving forward with the GEIS process for the area.An agent representing one of the major landowners is interested in economic development and invited Town staff to visit a built project near Syracuse. 8. Next meeting date and upcoming agenda items: Thursday May 29, 2025, 3:00 p.m. Revisit the resolution template adopting a Vision Zero Policy. The Town of Ithaca Planning Committee meeting concluded at 3:48 p.m, 3 Town of Ithaca Planning Committee Thursday,April 17, 2025 (3:00 PM Aurora Conference Room and on Zoom) Draft Minutes Committee members present: Rich DePaolo, Chair; Rod Howe &Margaret Johnson Board/Staff members: Director of Codes Marty Moseley Guests: Tompkins County Director of Assessment Jay Franklin, Town Clerk Paulette Rosa 1. Persons to be heard: None. 2. Committee announcements and concerns: None 3. Discussion of approach to requiring Payment in Lieu of Taxes (PILOT) for Solar Energy Systems over 1 MW. Tompkins County Director of Assessment Jay Franklin joined the meeting via Zoom. Rich explained that the NYS previously used a calculator form method for valuating large commercial scale solar projects. The previous calculator used generating capacity and other factors to come to the assessed value and that method is no longer constitutional in NYS. The two questions for Jay were: 1. Does the Town need to adopt a Local Law or a Resolution to require the PILOT? and 2. How will the Assessment Department determine the value of the pro erties? Jay explained that for municipalities to opt-into the new NYS State mandated Payment In Lieu Of Taxes (PILOT) for these projects a Local Law needs to be adopted with a public hearing and notice that a PILOT will be required in the future. The Local Law recently adopted by the Town of Dryden was distributed for reference. There were few exemptions, such as noncommercial solar energy systems and solar energy systems that do not seek or qualify for a tax exemption; all other systems would be required to enter into a PILOT. The Tompkins County Local Law requires a PILOT, at the same amount if subject to full taxation. It was recommended that the PILOT be the same amount as if fully taxed and any negotiations on that would be case by case. For valuation of new projects, Jay explained that the Assessment Department uses a method developed with NYSERDA for Assessors for an accurate valuation. Discounted cash flow approach was mentioned as an alternative but less preferred. Jay mentioned the recent court decision (Airey vs. State of New York) currently on appeal, which introduced uncertainty over how to value and assess renewable energy projects. Municipalities will continue to have the flexibility to negotiate payment in lieu of taxes (PILOT) agreements. Margaret noted a NYSERDA guidebook for municipalities developing PILOT Local Laws that may be a useful tool for the town while structuring the new local law. The committee thanked Jay for attending. Jay thanked the town for the continued open relationship with and indicated his availability for any other questions as needed. 1 The need was not immediately time sensitive and once the information is all gathered it will be sent to the town board for action. The respective Town of Dryden and Tompkins County Laws can be reviewed in detail along with the NYSERDA guidebook. 4. Review draft Resolution Adopting a Vision Zero Policy template provided to Tompkins County Joint Safety Action Plan advisory group.A draft resolution was included in the meeting packet and C.J. followed up with a table that had crash statistics and other information,however the headings did not show up to get the full view of the table. The committee deferred mainly to when C.J. is back to get in full discussion, however Rich asked the committee if they felt the racial profiling references are applicable or needed in the resolution that is related to multi-modal traffic safety and mitigation. There was not a proposed action with references, and he was not sure how it all fit together without statistics that racial profiling effects traffic safety in the county along with safety measures on the roads that could help decrease racial profiling. Margaret felt the statements were relevant and appropriate in the resolution draft/template. She offered to provide examples of how this occurs and traffic safety measures that could help. Consideration of this draft resolution was tabled to the next meeting or when C.J. is available. 5.Continued discussion of potential amendments to Short-term rental uses in Town Code Chapter 270-219.7 (Zoning). Rich noted he conferred with the Attorney for the Town with the attempt to craft language changes based on prior discussions with the committee that would limit the owner occupancy exemption on the qualifying parcels in Conservation Zones to existing property owners or structures with operating permits. Existing structures (not existing operating permits)was the approach recommended with the goal of not inducing hospitality uses in the Conservations Zone. Limits would include the number of days, Rich read through the existing allowance for more than the 29 unhosted days: An owner of a unit that satisfies at least one of the following criteria may rent such unit for unhosted short-term rental uses for up to 90 days in the aggregate in any calendar year: LA unit that is (a) located in a Conservation, Agricultural, Low Density Residential or Medium Density Residential Zone on a parcel that is larger than three acres, and(b) located more than 40 feet from the side property lines. 2.A unit that is located in a Conservation, Agricultural, Low Density Residential or Medium Density Residential Zone on a parcel that is not adjacent to any parcels that contain a dwelling. Those same exceptions could be used for the new language for standardization with the addition of waiving the owner occupancy requirement which would allow for some more flexibility for pre-existing structures who have owners that do not occupy them full time in conservation zones. The committee was in favor of continuing this approach and Rich offered to continue drafting language to present to the committee after conferring again with the Attorney for the Town. 6. Approval of March minutes: Rod moved the minutes for approval with one correction, Rich seconded. March 20, 2025, minutes were approved. 7. Staff updates and reports. 2 Abby forwarded the committee the zoom link for the upcoming virtual public meeting for the Safe Streets Tompkins project from 6:30-7:30 p.m. on Wednesday April 30t'. The invitation was sent to a list serve and shared with the Town Planning Board. Rod gave a brief recap of a recent meeting with one of the main property owners and a developer in the South Hill TND area. SouthWorks representatives were present as well as a representative from Ithaca Area Economic Development.All were still in favor of moving forward with the GEIS process for the area.An agent representing one of the major landowners is interested in economic development and invited Town staff to visit a built project near Syracuse. 8. Next meeting date and upcoming agenda items: Thursday May 29, 2025, 3:00 p.m. Revisit the resolution template adopting a Vision Zero Policy. The Town of Ithaca Planning Committee meeting concluded at 3:48 p.m, 3 Town of Ithaca Planning Committee Thursday,April 17, 2025 (3:00 PM Aurora Conference Room and on Zoom) Draft Minutes Committee members present: Rich DePaolo, Chair; Rod Howe &Margaret Johnson Board/Staff members: Director of Codes Marty Moseley Guests: Tompkins County Director of Assessment Jay Franklin, Town Clerk Paulette Rosa 1. Persons to be heard: None. 2. Committee announcements and concerns: None 3. Discussion of approach to requiring Payment in Lieu of Taxes (PILOT) for Solar Energy Systems over 1 MW. Tompkins County Director of Assessment Jay Franklin joined the meeting via Zoom. Rich explained that the NYS previously used a calculator form method for valuating large commercial scale solar projects. The previous calculator used generating capacity and other factors to come to the assessed value and that method is no longer constitutional in NYS. The two questions for Jay were: 1. Does the Town need to adopt a Local Law or a Resolution to require the PILOT? and 2. How will the Assessment Department determine the value of the pro erties? Jay explained that for municipalities to opt-into the new NYS State mandated Payment In Lieu Of Taxes (PILOT) for these projects a Local Law needs to be adopted with a public hearing and notice that a PILOT will be required in the future. The Local Law recently adopted by the Town of Dryden was distributed for reference. There were few exemptions, such as noncommercial solar energy systems and solar energy systems that do not seek or qualify for a tax exemption; all other systems would be required to enter into a PILOT. The Tompkins County Local Law requires a PILOT, at the same amount if subject to full taxation. It was recommended that the PILOT be the same amount as if fully taxed and any negotiations on that would be case by case. For valuation of new projects, Jay explained that the Assessment Department uses a method developed with NYSERDA for Assessors for an accurate valuation. Discounted cash flow approach was mentioned as an alternative but less preferred. Jay mentioned the recent court decision (Airey vs. State of New York) currently on appeal, which introduced uncertainty over how to value and assess renewable energy projects. Municipalities will continue to have the flexibility to negotiate payment in lieu of taxes (PILOT) agreements. Margaret noted a NYSERDA guidebook for municipalities developing PILOT Local Laws that may be a useful tool for the town while structuring the new local law. The committee thanked Jay for attending. Jay thanked the town for the continued open relationship with and indicated his availability for any other questions as needed. 1 The need was not immediately time sensitive and once the information is all gathered it will be sent to the town board for action. The respective Town of Dryden and Tompkins County Laws can be reviewed in detail along with the NYSERDA guidebook. 4. Review draft Resolution Adopting a Vision Zero Policy template provided to Tompkins County Joint Safety Action Plan advisory group.A draft resolution was included in the meeting packet and C.J. followed up with a table that had crash statistics and other information,however the headings did not show up to get the full view of the table. The committee deferred mainly to when C.J. is back to get in full discussion, however Rich asked the committee if they felt the racial profiling references are applicable or needed in the resolution that is related to multi-modal traffic safety and mitigation. There was not a proposed action with references, and he was not sure how it all fit together without statistics that racial profiling effects traffic safety in the county along with safety measures on the roads that could help decrease racial profiling. Margaret felt the statements were relevant and appropriate in the resolution draft/template. She offered to provide examples of how this occurs and traffic safety measures that could help. Consideration of this draft resolution was tabled to the next meeting or when C.J. is available. 5.Continued discussion of potential amendments to Short-term rental uses in Town Code Chapter 270-219.7 (Zoning). Rich noted he conferred with the Attorney for the Town with the attempt to craft language changes based on prior discussions with the committee that would limit the owner occupancy exemption on the qualifying parcels in Conservation Zones to existing property owners or structures with operating permits. Existing structures (not existing operating permits)was the approach recommended with the goal of not inducing hospitality uses in the Conservations Zone. Limits would include the number of days, Rich read through the existing allowance for more than the 29 unhosted days: An owner of a unit that satisfies at least one of the following criteria may rent such unit for unhosted short-term rental uses for up to 90 days in the aggregate in any calendar year: LA unit that is (a) located in a Conservation, Agricultural, Low Density Residential or Medium Density Residential Zone on a parcel that is larger than three acres, and(b) located more than 40 feet from the side property lines. 2.A unit that is located in a Conservation, Agricultural, Low Density Residential or Medium Density Residential Zone on a parcel that is not adjacent to any parcels that contain a dwelling. Those same exceptions could be used for the new language for standardization with the addition of waiving the owner occupancy requirement which would allow for some more flexibility for pre-existing structures who have owners that do not occupy them full time in conservation zones. The committee was in favor of continuing this approach and Rich offered to continue drafting language to present to the committee after conferring again with the Attorney for the Town. 6. Approval of March minutes: Rod moved the minutes for approval with one correction, Rich seconded. March 20, 2025, minutes were approved. 7. Staff updates and reports. 2 Abby forwarded the committee the zoom link for the upcoming virtual public meeting for the Safe Streets Tompkins project from 6:30-7:30 p.m. on Wednesday April 30t'. The invitation was sent to a list serve and shared with the Town Planning Board. Rod gave a brief recap of a recent meeting with one of the main property owners and a developer in the South Hill TND area. SouthWorks representatives were present as well as a representative from Ithaca Area Economic Development.All were still in favor of moving forward with the GEIS process for the area.An agent representing one of the major landowners is interested in economic development and invited Town staff to visit a built project near Syracuse. 8. Next meeting date and upcoming agenda items: Thursday May 29, 2025, 3:00 p.m. Revisit the resolution template adopting a Vision Zero Policy. The Town of Ithaca Planning Committee meeting concluded at 3:48 p.m, 3 Town of Ithaca Planning Committee Thursday,April 17, 2025 (3:00 PM Aurora Conference Room and on Zoom) Draft Minutes Committee members present: Rich DePaolo, Chair; Rod Howe &Margaret Johnson Board/Staff members: Director of Codes Marty Moseley Guests: Tompkins County Director of Assessment Jay Franklin, Town Clerk Paulette Rosa 1. Persons to be heard: None. 2. Committee announcements and concerns: None 3. Discussion of approach to requiring Payment in Lieu of Taxes (PILOT) for Solar Energy Systems over 1 MW. Tompkins County Director of Assessment Jay Franklin joined the meeting via Zoom. Rich explained that the NYS previously used a calculator form method for valuating large commercial scale solar projects. The previous calculator used generating capacity and other factors to come to the assessed value and that method is no longer constitutional in NYS. The two questions for Jay were: 1. Does the Town need to adopt a Local Law or a Resolution to require the PILOT? and 2. How will the Assessment Department determine the value of the pro erties? Jay explained that for municipalities to opt-in"to the new NYS State mandated Payment In Lieu Of Taxes (PILOT) for these projects a Local Law needs to be adopted with a public hearing and notice that a PILOT will be required in the future. The Local Law recently adopted by the Town of Dryden was distributed for reference. There were few exemptions, such as noncommercial solar energy systems and solar energy systems that do not seek or qualify for a tax exemption; all other systems would be required to enter into a PILOT. The Tompkins County Local Law requires a PILOT, at the same amount if subject to full taxation. It was recommended that the PILOT be the same amount as if fully taxed and any negotiations on that would be case by case. For valuation of new projects, Jay explained that the Assessment Department uses a method developed with NYSERDA for Assessors for an accurate valuation. Discounted cash flow approach was mentioned as an alternative but less preferred. Jay mentioned the recent court decision (Airey vs. State of New York) currently on appeal, which introduced uncertainty over how to value and assess renewable energy projects. Municipalities will continue to have the flexibility to negotiate payment in lieu of taxes (PILOT) agreements. Margaret noted a NYSERDA guidebook for municipalities developing PILOT Local Laws that may be a useful tool for the town while structuring the new local law. The committee thanked Jay for attending. Jay thanked the town for the continued open relationship with and indicated his availability for any other questions as needed. 1 The need was not immediately time sensitive and once the information is all gathered it will be sent to the town board for action. The respective Town of Dryden and Tompkins County Laws can be reviewed in detail along with the NYSERDA guidebook. 4. Review draft Resolution Adopting a Vision Zero Policy template provided to Tompkins County Joint Safety Action Plan advisory group.A draft resolution was included in the meeting packet and C.J. followed up with a table that had crash statistics and other information,however the headings did not show up to get the full view of the table. The committee deferred mainly to when C.J. is back to get in full discussion, however Rich asked the committee if they felt the racial profiling references are applicable or needed in the resolution that is related to multi-modal traffic safety and mitigation. There was not a proposed action with references, and he was not sure how it all fit together without statistics that racial profiling effects traffic safety in the county along with safety measures on the roads that could help decrease racial profiling. Margaret felt the statements were relevant and appropriate in the resolution draft/template. She offered to provide examples of how this occurs and traffic safety measures that could help. Consideration of this draft resolution was tabled to the next meeting or when C.J. is available. 5.Continued discussion of potential amendments to Short-term rental uses in Town Code Chapter 270-219.7 (Zoning). Rich noted he conferred with the Attorney for the Town with the attempt to craft language changes based on prior discussions with the committee that would limit the owner occupancy exemption on the qualifying parcels in Conservation Zones to existing property owners or structures with operating permits. Existing structures (not existing operating permits)was the approach recommended with the goal of not inducing hospitality uses in the Conservations Zone. Limits would include the number of days, Rich read through the existing allowance for more than the 29 unhosted days: An owner of a unit that satisfies at least one of the following criteria may rent such unit for unhosted short-term rental uses for up to 90 days in the aggregate in any calendar year: LA unit that is (a) located in a Conservation, Agricultural, Low Density Residential or Medium Density Residential Zone on a parcel that is larger than three acres, and(b) located more than 40 feet from the side property lines. 2.A unit that is located in a Conservation, Agricultural, Low Density Residential or Medium Density Residential Zone on a parcel that is not adjacent to any parcels that contain a dwelling. Those same exceptions could be used for the new language for standardization with the addition of waiving the owner occupancy requirement which would allow for some more flexibility for pre-existing structures who have owners that do not occupy them full time in conservation zones. The committee was in favor of continuing this approach and Rich offered to continue drafting language to present to the committee after conferring again with the Attorney for the Town. 6. Approval of March minutes: Rod moved the minutes for approval with one correction, Rich seconded. March 20, 2025, minutes were approved. 7. Staff updates and reports. 2 Abby forwarded the committee the zoom link for the upcoming virtual public meeting for the Safe Streets Tompkins project from 6:30-7:30 p.m. on Wednesday April 30t'. The invitation was sent to a list serve and shared with the Town Planning Board. Rod gave a brief recap of a recent meeting with one of the main property owners and a developer in the South Hill TND area. SouthWorks representatives were present as well as a representative from Ithaca Area Economic Development.All were still in favor of moving forward with the GEIS process for the area.An agent representing one of the major landowners is interested in economic development and invited Town staff to visit a built project near Syracuse. 8. Next meeting date and upcoming agenda items: Thursday May 29, 2025, 3:00 p.m. Revisit the resolution template adopting a Vision Zero Policy. The Town of Ithaca Planning Committee meeting concluded at 3:48 p.m, 3 TOWN OF ITHACA LOCAL LAW NO. ___ OF THE YEAR 2025 A LOCAL LAW CREATING A NEW TOWN OF ITHACA CODE CHAPTER ____ ENTITLED “LARGE-SCALE SOLAR ENERGY SYSTEMS PILOT LAW” Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter ___ of the Town of Ithaca Code is created with the following new Chapter ___ (Large-Scale Solar Energy Systems PILOT). “CHAPTER ___ LARGE-SCALE SOLAR ENERGY SYSTEMS PILOT” ARTICLE 1: GENERAL PROVISIONS § XXX-1. Statutory authorization and purpose. A. This chapter is intended to be consistent with and is enacted by the Town Board of the Town of Ithaca pursuant to its authority to adopt laws under the New York State Constitution, the New York State Municipal Home Rule Law, the New York State Town Law, and the New York Real Property Tax Law. It is intended and hereby declared to address matters of local concern only and is intended to act in furtherance of the Town's authority with respect to zoning and land use laws and its police and taxation powers, related to large-scale solar energy facilities. B. This chapter is adopted to ensure that the benefits of the community's solar energy resource are available to the entire community, by promoting the installation of solar energy generating equipment through a payment in lieu of taxes (PILOT), thereby granting reduced development or operating costs to system developers and clean and reduced cost energy options to residents and consumers, while mitigating environmental and other impacts from such projects and providing a revenue stream to the entire community. § XXX-2. Conflict with Other Laws. Where this Local Law differs or conflicts with other laws, rules and regulations the more restrictive applicable law, rule or regulation shall apply. This section shall be inapplicable where County, State or Federal Law preempts the application of a more restrictive law, rule or regulation, include the provisions contained in this Local Law. ARTICLE 2: LARGE-SCALE SOLAR ENERGY SYSTEMS PILOT AGREEMENTS § XXX-3. Word Usage and Definitions. For the purposes of this Local Law, and where not inconsistent with the context of a particular section, the terms, phrases, words, abbreviations and their derivations defined below shall have the meaning given in this Article. When not inconsistent with the context, words in the present tense include the future tense, words used in the plural number include words in the singular number. The word “shall” is always mandatory and not merely directory. ANNUAL PAYMENT The payment due under a PILOT agreement entered into pursuant to Real Property Tax Law § 487(9). ANNUAL PAYMENT DATE January 1 of each year. CAPACITY The manufacturer's nameplate capacity of the solar energy system as measured in kilowatts (kW) or megawatts (MW) AC. COMMERCIAL SOLAR ENERGY SYSTEM A solar energy system that primarily produces energy that is fed directly into the grid primarily for off-site sale or consumption, or any solar energy system with a nameplate generating capacity of 500 kilowatts or more. Commercial solar energy systems include building-mounted, rooftop, and ground-mounted solar energy systems that meet or exceed the above-stated nameplate generating capacity. GROUND-MOUNTED SOLAR ENERGY SYSTEM A solar energy system that is anchored to the ground and attached to a pole or other mounting system, detached from any other structure for the primary purpose of producing electricity. HOST COMMUNITY AGREEMENT A contract between a Commercial Solar Energy System owner/developer and the Town, whereby such owner/developer agrees to provide the community with certain benefits and mitigate specified impacts of the solar project. A PILOT or any PILOT payments shall not be considered or construed as part of, or as counting towards, any Host Community Agreement needs, requirements, or payments. NON-COMMERCIAL SOLAR ENERGY SYSTEM A solar energy system with a nameplate generating capacity of less than 500 kilowatts that is incidental and subordinate to another use on the same parcel and which primarily produces energy for on-site consumption. Non-commercial solar energy systems include building- integrated, roof-mounted and ground-mounted solar energy systems that do not meet or exceed the above-stated nameplate generating capacity. OWNER The owner of the property on which a solar energy system is located or installed, or their lessee, licensee or other person authorized to install and operate a solar energy system on the property. PHOTOVOLTAIC SOLAR ENERGY SYSTEM A solar energy system that converts solar energy directly into electricity using photovoltaic cells. ROOF-MOUNTED SOLAR ENERGY SYSTEM A solar panel system located on the roof of any legally permitted building or structure for the purpose of producing electricity for onsite or offsite consumption. SOLAR ENERGY EQUIPMENT Electrical energy storage devices, material, hardware, inverters, or other electrical equipment and conduits of photovoltaic devices associated with the production of electrical energy. SOLAR ENERGY SYSTEM All components and subsystems required to convert solar energy into electric energy suitable for use. This term includes, but is not limited to, solar panels and solar energy equipment. The area of a solar energy system includes all the land and/or structures inside the perimeter of the solar energy system, which extends to any interconnection equipment. § XXX-4. PILOT required. A. In every instance where this local law applies, the applicant shall be required to propose a payment in lieu of taxes ("PILOT") agreement. The developer shall also comply with the notice requirements of NYS Real Property Tax Law § 487. The applicant will then contact the Town's legal counsel to negotiate, or start the process to negotiate, the terms of said PILOT agreement and any Host Community Agreements, as required under Articles II and III of this local law, as well as any provisions of the Town Code, New York State law or regulations, or the administrative requirements or orders of ORES or the PSC, among other state agencies and departments. B. Any proposed solar energy system subject to review by the New York State Board on Electric Generation Siting and the Environment pursuant to Article 10 of the New York State Public Service Law, or the Office of Renewable Energy Siting pursuant to § 94-c of the New York State Executive Law, shall be subject to all substantive provisions of this local law and any other applicable provisions of the Town Code of the Town of Ithaca, in each case only to the extent not preempted by state or federal law. C. The owner of a property on which a solar energy system is located or installed (including any improvement, reconstruction, or replacement thereof), shall enter into a PILOT agreement with the Town of Ithaca consistent with the terms of this chapter, except for 1. Non-Commercial Solar Energy Systems. 2. Solar energy systems that do not seek or qualify for an exemption from real property taxes pursuant to Real Property Tax Law § 487(4). D. The lessee or licensee of any owner of a property required to enter into a PILOT agreement by this section, which owns or controls the solar energy system, may enter into the PILOT agreement on behalf of the owner of the property. E. Pursuant to Real Property Tax Law § 487(9)(b), the Town of Ithaca hereby expresses its ongoing intent to require a contract for PILOT for such solar energy systems, and this chapter shall be considered notification to owners or developers of such systems and no further action is required on the part of the Town of Ithaca with respect to the notification requirements by the Town of Ithaca as set forth in Real Property Tax Law § 487(9)(a). F. Nothing in this chapter shall exempt any requirement for compliance with state and local codes for the installation of any solar energy equipment or a solar energy system, or authorize the installation of any solar energy equipment or a solar energy system. All solar energy systems must file a real property tax exemption application pursuant to Real Property Tax Law § 487 to receive a tax exemption. G. Nothing in this chapter shall act to prohibit the Town of Ithaca from also requiring a Host Community Agreement, in accordance with its authority otherwise granted by state and local law. H. The Town will require a PILOT at the amount of taxes that would be due if the property was subject to full taxation. I. A PILOT shall not count or be considered as payment towards, or as part of, the obligations or payments due under any Host Community Agreement. Similarly, payments due or made, and consideration delivered, under or in relation to any Host Community Agreement shall not count towards fulfillment of PILOT requirements or payments. § XXX-5. Contents of PILOT agreements. Each PILOT agreement entered into shall include: A. Name and contact information of the owner or other party authorized to act upon behalf of the owner of the solar energy system. B. The tax identification number for each parcel or portion of a parcel on which the solar energy system will be located. C. A requirement for not more than fifteen successive annual payments, to be paid commencing on the first annual payment date after the effective date of the real property tax exemption granted pursuant to Real Property Tax Law § 487. D. The capacity of the solar energy system, and that if the capacity is increased or decreased as a result of a system upgrade, replacement, partial removal or retirement of solar energy equipment, the annual payments shall be increased or decreased on a pro rata basis for the remaining years of the agreement. E. That the parties agree that under the authority of Real Property Tax Law § 487 the solar energy system shall be considered exempt from real property taxes for the fifteen-year life of the PILOT agreement. F. That the PILOT agreement may not be assigned without the prior written consent of the Town of Ithaca, which consent may not be unreasonably withheld if the assignee has agreed in writing to accept all obligations of the owner, except that the owner may, with advance written notice to the Town of Ithaca but without prior consent, assign its payment obligations under the PILOT agreement to an affiliate of the owner or to any party who has provided or is providing financing to the owner for or related to the solar energy system, and has agreed in writing to accept all payment obligations of the owner. G. That a notice of this agreement may be recorded by the owner at its expense, and that the Town of Ithaca shall cooperate in the execution of any notices or assignments with the owner and its successors. H. That the Town of Ithaca Town Board may establish by resolution the payment amount and terms of PILOT agreements by developers of solar energy systems with the Town of Ithaca or may delegate to the Tompkins County Industrial Development Agency the authority to negotiate such agreements on behalf of the Town of Ithaca. I. That if the annual payment is not paid when due, that upon failure to cure within 30 days, the Town of Ithaca may cancel the PILOT agreement without notice to the owner, and the solar energy system shall thereafter be subject to taxation at its full assessed value. ARTICLE III: HOST COMMUNITY AGREEMENTS § XXX-1 Host Community Agreements In addition to a PILOT agreement, the applicant shall propose to the Town, on projects involving one megawatt and above, a host community agreement benefit package for consideration by the Town Board as part of the approval process. Once the application package materials are deemed complete and while the Planning Board/Zoning Board of Appeals are completing their reviews, the project/application shall be referred to the Town Board to decide on the completion and terms of a host community agreement. This agreement shall be in addition to a PILOT agreement. Section 2. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 3. This Local Law shall take effect immediately. Editors Notes Resolution No. _____ A RESOLUTION OF THE [TOWN BOARD] OF THE Town of Ithaca ADOPTING A VISION ZERO POLICY WHEREAS, the life and health of all persons living and traveling within the Town of Ithaca are our utmost priority, and no one should die or be seriously injured while traveling on our town streets; WHEREAS, Vision Zero is the concept that traffic deaths and serious injuries on our roadways are unacceptable; WHEREAS, Vision Zero is a holistic strategy aimed at eliminating all traffic fatalities and severe injuries suffered by all road users while increasing safe, healthy, and equitable mobility for all; WHEREAS, streets and transportation systems have traditionally been designed primarily to move cars efficiently, and Vision Zero supports a paradigm shift by designing streets and transportation systems to move all people safely, including people of all ages and abilities, pedestrians, bicyclists, public transit users, scooter riders, and motorcyclists, as well as drivers and passengers of motor vehicles; WHEREAS, Vision Zero recognizes that people will sometimes make mistakes, so the road system and related policies should be designed to ensure that those inevitable mistakes do not result in severe injuries or fatalities; therefore, transportation planners and engineers and policymakers are expected to improve the roadway environment, policies, and other related systems to lessen the severity of crashes; WHEREAS, six people in the Town of Ithaca lost their lives to traffic deaths from 2020- 2024, and traffic crashes are among the leading cause of deaths in the United States;6 WHEREAS, the Town of Ithaca’s transportation infrastructure serves an increasing number of vulnerable road users such as pedestrians and bicyclists; The “Whereas” clauses explain the underlying reasons for adopting this resolution and Vision Zero policy, providing the legal rationale for the local council, board, or other legislative body to take legislative action. In addition, these statements can serve as useful talking points for policymakers and other stakeholders. For this model resolution, we have endeavored to include clauses highlighting equity, crash data, and other reasons for adopting a Vision Zero resolution. These clauses can be amended as desired to fit the circumstances of your jurisdiction. The references, which provide an evidentiary basis for the clauses, should be deleted from the final version. Adapted from 2022 ChangeLab Solutions Resolution Template Page 2 WHEREAS, according to the Tompkins County Safety Performance Dashboard, pedestrians and bicyclists are involved in two percent of collisions and account for 33 percent of traffic deaths in the Town of Ithaca; WHEREAS, the injury rate for pedestrians involved in collisions is approximately 93 percent, and the injury rate for bicyclists involved in collisions is approximately 89 percent; WHEREAS, speed is recognized as a major determining factor of survival in a crash;7 WHEREAS, the Town is actively working toward reducing vehicle speeds because the likelihood of a pedestrian surviving a crash is 10 percent if hit by a vehicle moving 40 mph;8 WHEREAS, children, older adults, people of color, people with disabilities, people who are unhoused, and people with low income face a significantly disproportionate risk of traffic injuries and fatalities;9 WHEREAS, making streets safer for all people using all modes of transportation will encourage people to travel on foot, by bicycle, and by public transit, which supports a healthier, more active lifestyle and reduces environmental pollution; WHEREAS, successful Vision Zero programs are a result of all stakeholders, including government at all levels, industry, non-profit/advocacy, researchers, and the general public, collaborating to preventing fatalities and serious injuries on our roadways; WHEREAS, the Town of Ithaca has already adopted a Complete Streets Policy on April 15, 2015; WHEREAS, the Tompkins County Legislature [will] adopted an analogous Resolution for Authorization to Adopt the Safe Streets for All (SS4A) Joint Safety Action Plan and Vision Zero Goal on June 3, 2025; WHEREAS, under the State Environmental Quality Review Act (SEQRA), Environmental Conservation Law Article 8, The Town Board hereby finds and determines that this Plan Highlighting Vision Zero’s consistency with previous municipal planning initiatives can help solicit support for Vision Zero. Adapted from 2022 ChangeLab Solutions Resolution Template Page 3 constitutes a Type II action, pursuant to Section 617.5 (C) of Title 6 of New York Code of Rules and Regulations, in that the law authorizes (24) information collection, including basic data collection and research; (26) routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment; (27) preliminary planning processes necessary to formulate a proposal for an action; (33) adoption of regulations, policies, procedures and local legislative decisions in connection with any action on this list, but does not commit the Town to commence or approve an action. NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Ithaca, State of New York, as follows: The Town of Ithaca adopts the goal of eliminating traffic deaths and a 50% reduction in serious injuries by 2040 and endorses Vision Zero as a comprehensive and holistic approach to achieving this goal. The Town of Ithaca adopts the goal of eliminating racial profiling and inequitable enforcement of traffic violations. The Town of Ithaca adopts the Joint Safety Action Plan, attached hereto as Exhibit A, as a comprehensive and holistic approach to achieving Vision Zero. The Town of Ithaca Clerk shall certify the adoption of this Resolution, effective immediately, by the Town Board. PASSED AND ADOPTED by the Town Board of the Town of Ithaca, State of New York, on [Date], 20[__], by the following vote: [______________]. This statement of commitment is highly encouraged by SS4A for evaluation of implementation grants. Tompkins County Legislature Meeting: 05/15/25 09:00 AM Governor Daniel D. Tompkins Building Department: Highway Department Ithaca, NY 14850 Category: Roads and Bridges Functional Category: SCHEDULED RESOLUTION NO. DOC ID: 13303 Page 1 Authorization to Adopt the Safe Streets for All (SS4A) Joint Safety 1 Action Plan and Vision Zero Goal 2 WHEREAS, the Safe Streets for All (SS4A) Joint Action Plan provides strategies towards a Vision Zero goal, 3 that traffic deaths and serious injuries on our roadways are unacceptable, and 4 WHEREAS, the life and health of all people living and traveling within Tompkins County are our utmost 5 priority, and no one should die or be seriously injured while traveling on Tompkins County roads, and 6 WHEREAS, the creation of the SS4A Joint Action Plan is a result of all stakeholders, including government at 7 all levels, industry, non-profit/advocacy, researchers, and the public, collaborating in preventing fatalities and serious 8 injuries on our roadways, and 9 WHEREAS, SS4A Joint Action Plan is a holistic strategy aimed at eliminating all traffic fatalities and severe 10 injuries suffered by all road users while increasing safety, health, and equitable mobility for all, and 11 WHEREAS, SS4A Joint Action Plan recognizes that people will sometimes make mistakes, so the road system 12 and related policies should be designed to ensure that those inevitable mistakes do not result in severe injuries or 13 fatalities; therefore, transportation planners and engineers and policymakers are expected to improve the roadway 14 environment, policies, and other related systems to lessen the severity of crashes, and 15 WHEREAS, Tompkins County’s transportation infrastructure serves an increasing number of vulnerable road 16 users such as pedestrians and bicyclists, and 17 WHEREAS, according to the Institute for Traffic Safety Management and Research, the Traffic Safety 18 Statistical Repository website, Tompkins County lost 32 people to traffic related deaths, with a third of those deaths 19 involving pedestrians and bicyclists from 2020 - 2024, and 20 WHEREAS, according to the Institute for Traffic Safety Management and Research, the Traffic Safety 21 Statistical Repository website, the injury rate for pedestrians involved in collisions is approximately 84 percent, and 22 the injury rate for bicyclists involved in collisions is approximately 93 percent, and 23 WHEREAS, speed is recognized as a major determining factor of survival in a crash, and 24 WHEREAS, the adoption of the SS4A Joint Action Plan provides a pathway for the County and partnering 25 municipalities to apply for eligible implementation grants from the Infrastructure Investment and Jobs Act (IIJA), now 26 therefore be it 27 RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Tompkins County 28 Legislature adopts the Safe Street for All (SS$A) Joint Action Plan, attached hereto as Exhibit A, to strive towards 29 eliminating traffic deaths and a 50% reduction in serious injuries by 2040 and endorses Vision Zero as a 30 comprehensive and holistic approach to achieving this goal. 31 SEQR ACTION: Type II - 18 (No further action required) 32 8.c Packet Pg. 15 Tompkins County Legislature Meeting: 05/15/25 09:00 AM Governor Daniel D. Tompkins Building Department: Highway Department Ithaca, NY 14850 Category: Roads and Bridges Functional Category: SCHEDULED RESOLUTION NO. DOC ID: 13303 Page 2 1 MEMORANDUM 2 To: Facilities and Infrastructure Committee 3 From: Jeffrey Smith, Highway Director 4 Date: May 15, 2025 5 Subject: Safe Streets for all (SS4A); Commitment to implement the Vision Zero Goal. 6 1.Action requested:7 The requested action is a commitment to Adopt the Safe Streets for all Action Plan. 8 2.Background:9 Back in late 2022, Tompkins County and ten local municipalities joined together as a joint applicant to create an 10 action plan under the grant opportunity called Safe Streets and Roads for All (SS4A) RESOLUTION NO. 2022-11 161. The Highway department has participated in the creation of the comprehensive plan, which provides12 recommendations and strategies to improve safety throughout the County.13 The plan utilizes a data driven approach to improve safety by analyzing historical trends, identifying our most14 traveled routes, and analyzing past crash locations to provide meaningful action strategies to support a Vision Zero15 goal of eliminating traffic deaths.16 17 3.Financial Implications:18 Not Applicable. 19 4.Attachments:20 Draft Resolution for review. See Appendix A for Joint Safety Action Plan. 21 5.SEQR ACTION: Type II - 18 (No further action required)22 8.c Packet Pg. 16 Town of Ithaca, NY Downloaded from https://ecode360.com/IT1944 on 2025-03-16 § 270-219.7. Short-term rental uses. [Added 12-29-2021 by L.L. No. 16-2021] A. Purpose and legislative intent. (1) The purpose of this section is to establish appropriate regulations for short-term rental uses in the Town. While the Town recognizes that some property owners wish to rent to others on a short-term basis all or part of dwelling units they own, the Town also recognizes that it has an obligation to protect the public health, safety and welfare and minimize the adverse effects of such short-term rental uses. (2) By enacting this section, the Town intends to: (a) Protect the health, safety and welfare of the community and of persons occupying short-term rentals; (b) Prevent to the greatest extent practicable public safety risks and other impacts, including, but not limited to, increased noise, trash, traffic, and parking impacts associated with short-term rental uses; (c) Protect neighborhood character and minimize the impact of short-term rental uses on neighbors and residential properties; (d) Protect property values of the community; (e) Protect housing affordability within the community for long-term residents, whether owners or renters; (f) Assist homeowners to stay in their homes by allowing some short-term rental use of their homes to generate income to defray their cost of homeownership; (g) Enable property owners to provide lodging for visitors to the Town during periods of peak visitor and tourist demand, such as university and college graduation weekends and holiday weekends; and (h) Promote the efficient use of housing stock. (h)(i) Allow for the adaptive reuse of existing structures in Conservation Zones. B. Applicability. This section applies to all short-term rental uses except: [Amended 1-23-2023 by L.L. No. 2-2023] (1) Rentals of dwelling units that meet all of the following: the dwelling unit is owned by a cooperative corporation and is subject to a proprietary lease under the Cooperative Corporations Law, and the dwelling unit is the principal residence of the proprietary lease holder. (2) House sitting arrangements where a house sitter occupies a principal residence while the owner or proprietary lease holder is away, the house sitter provides security, maintenance and/or pet care, and the house sitter pays no money or other financial consideration to the owner or proprietary lease holder in exchange for the occupancy. (3) For short-term rental uses that were previously allowed by or exempt from this § 270-219.7 and that are subject to termination on April 1, 2023 pursuant to amendments to this § 270-219.7 that become effective on April 1, 2023, this section Formatted: Not Expanded by / Condensed by Town of Ithaca, NY § 270-219.7 § 270-219.7 Downloaded from https://ecode360.com/IT1944 on 2025-03-16 shall not apply to any short-term rental use for which a written rental agreement exists as of April 1, 2023, provided that the rental concludes by September 30, 2023. (4) For the purposes of this § 270-219.7, for a dwelling unit to be considered an owner's or proprietary lease holder's principal residence, the owner or proprietary lease holder must reside in the dwelling unit for a minimum of 185 days per year. For trusts, principal residence requirements are met if all of the criteria in Subsection E(1)(b)[2] are met. C. Except as prohibited by the New York Multiple Dwelling Law, a short-term rental use is permitted, subject to this section's provisions, in a principal dwelling unit or an accessory dwelling unit in all zoning districts that allow a short-term rental use as a permitted accessory use. D. (1) Except in the Lakefront Residential Zone, and in the Conservation Zone in structures that existed as of _____________, short-term rental uses may occur only in a dwelling unit that is the principal residence of at least one of the property owners, in another dwelling unit on the same tax parcel as the principal residence, or in a dwelling unit on no more than one adjacent tax parcel that is owned by the same owner(s). No other owner(s), collectively or individually, shall own a larger percentage of the tax parcel(s) than the owner-occupant(s) who reside in the principal residence for a minimum of 185 days per year. [Amended 1-23-2023 by L.L. No. 2-2023] (2) An owner may obtain up to two operating permits at any one time from the Town for dwelling units used for short-term rental uses, with no more than one of the two permits being for an unhosted short-term rental use. E. Provisions applicable to hosted and unhosted short-term rental uses. The following requirements apply to both hosted and unhosted short-term rental uses: [Amended 1-23-2023 by L.L. No. 2-2023] (1) Operating permit required. (a) Each dwelling unit used or offered for a short term rental use shall require a valid operating permit issued pursuant to Town of Ithaca Code Chapter 125 (Building Construction and Fire Prevention), § 125-8. Each operating permit shall specify whether it is for a hosted or an unhosted short-term rental use, only one such use being allowed per unit. Before the expiration or renewal of an existing operating permit, it shall be the responsibility of the owner of such unit to schedule an inspection with the Town of Ithaca Code Enforcement Department in order to obtain a new or renewed permit. (b) Owners eligible to receive short-term rental operating permits must be either: [1] Natural persons (defined for purposes of this § 270-219.7 as living human beings), or [2] Trusts that meet all of the following criteria: the dwelling unit is the principal residence of at least one natural person who is a trust grantor, a trustee, or a beneficiary of the trust that owns the dwelling unit, and said trust grantor, trustee or beneficiary resides in the dwelling unit for a minimum of 185 days per year. Town of Ithaca, NY § 270-219.7 § 270-219.7 Downloaded from https://ecode360.com/IT1944 on 2025-03-16 (c) Owners of dwelling units used or offered for short-term rental uses as of April 1, 2022, must apply by July 1, 2022, for operating permits. Owners of dwelling units that are not used or offered for short-term rental uses as of April 1, 2022, but that are subsequently used or offered for short-term rental uses, must apply for operating permits prior to such use or offer for a short-term rental use. After an operating permit is obtained, it must be maintained throughout the period that such unit is used or offered for a short-term rental use. (d) The Code Enforcement Department shall issue an operating permit upon verification by inspection that the items listed in Subsection E(1)(a)[1] through [13] below meet the requirements of the applicable New York State Uniform Fire Prevention and Building Code and the items listed in Subsection E(1)(c)[14] and [15] below meet the requirements of the Town of Ithaca Code: [1] 911 address number properly posted (with each unit posted); [2] Exterior structure in good repair; [3] Entrances, access areas, parking spaces and similar areas in good repair; [4] Receptacles for proper storage of garbage; [5] Compliant pools and decks (if present); [6] Working smoke and carbon monoxide detectors; [7] Interior structure in good repair; [8] Fire separation (where required); [9] Electrical, plumbing and heating in good repair; [10] Appliances in good repair (if supplied by landlord); [11] Proper light and ventilation; [12] Proper room sizes; [13] Proper egress doors or windows; [14] Compliant off-street parking, per § 270-227 and this section; [15] Exterior property areas do not violate Town of Ithaca Code Chapter 205 (Property Maintenance). (e) A Code Enforcement Officer shall seek a search warrant from a court of competent jurisdiction whenever the owner, managing agent or occupant fails to allow inspections of any premises believed to be subject to this section and where there is a reasonable cause to believe that there is a violation of this section, Town of Ithaca Code Chapter 205 (Property Maintenance), or the New York State Uniform Fire Prevention and Building Code. (f) Failure of an owner of any unit that is required to have an operating permit to apply Town of Ithaca, NY § 270-219.7 § 270-219.7 Downloaded from https://ecode360.com/IT1944 on 2025-03-16 for an operating permit in a timely manner, to obtain an operating permit after inspection, or to maintain a valid operating permit after it is granted throughout the period that such unit is used or offered for short-term rental use, shall be deemed a violation of this section. (g) Over-occupancy. Verified over-occupancy shall constitute a violation of the operating permit. (2) Additional hosted and unhosted short-term rental use requirements. (a) The following provisions in this Subsection E(2)(a) apply in all zones where short- term rental uses are allowed, except in the Lakefront Residential Zone. The owner of any unit used for a short-term rental use shall provide enough driveway parking spaces on the parcel containing such unit so that all vehicles belonging to the short- term renters are parked on-site. Such vehicles may not park on the street. (b) The following provisions in this Subsection E(2)(b) apply in all zones where short- term rental uses are allowed, except in the Lakefront Residential Zone. No unit except a principal residence with a hosted short-term rental shall be subject to more than one short-term rental agreement at any one time. If the owner offers more than one unit on a parcel and/or adjacent parcel, only one unit may be rented as a short- term rental use at any one time. (c) No unit used for a short-term rental use shall be rented for the accommodation of more individuals than two times the number of legal bedrooms in such unit. (d) All units used for short-term rental uses shall have prominently posted in all bedrooms in such unit a copy of the valid operating permit for such unit and a notice in a form approved by the Code Enforcement Department containing safety and legal compliance information including, but not limited to, the following: location of the nearest exit in case of a fire; limitations contained in the Town's laws regarding short-term rental uses and noise; and cell phone numbers of the owner and any manager, if there is one. (e) Collection of rental information and actions to address complaints. [1] Every time an owner rents a unit for an unhosted short-term rental use, prior to the beginning of the rental stay, the owner shall notify the Code Enforcement Department of the dates of the rental agreement by electronic methods established by such Department. [2] Local contact person. Owners shall provide the Code Enforcement Department, all short-term renters and all occupants of adjacent properties with the name and contact information of a local individual who shall be available 24 hours per day, seven days per week, during the term of the unhosted stay. Once this notification is given to the Code Enforcement Department and adjacent property occupants, it does not need to be given to them again until the name and/or contact information changes. The owner or designated local contact person shall: Town of Ithaca, NY § 270-219.7 § 270-219.7 Downloaded from https://ecode360.com/IT1944 on 2025-03-16 [a] Respond on-site within 60 minutes to complaints regarding a condition or operation of the short-term rental use or the conduct of the renters; and [b] Take remedial action to resolve any and all complaints. F. Limitations on number of days allowed for short-term rental use. (1) Hosted short-term rental uses. There is no limit on the number of days per year that a dwelling unit may be used for a hosted short-term rental use. (2) Unhosted short-term rental uses. (a) Unless allowed a greater number of days below, no unit shall be used for an unhosted short-term rental use for more than 29 days in any calendar year in the Conservation, Agricultural, Low Density Residential, Medium Density Residential and High Density Residential Zones. This limitation of 29 days shall not apply to any written rental agreement that existed as of July 1, 2022, provided that the rental concludes by September 30, 2022. For the purposes of this § 270-219.7, each of the following shall count as one day: [1] A rental of 24 hours. [2] A rental of less than 24 hours that includes an overnight stay. [3] A rental of less than 24 hours that does not include an overnight stay. (b) An owner of a unit that satisfies at least one of the following criteria may rent such unit for unhosted short-term rental uses for up to 90 days in the aggregate in any calendar year: [1] A unit that is (a) located in a Conservation, Agricultural, Low Density Residential or Medium Density Residential Zone on a parcel that is larger than three acres, and (b) located more than 40 feet from the side property lines. [2] A unit that is located in a Conservation, Agricultural, Low Density Residential or Medium Density Residential Zone on a parcel that is not adjacent to any parcels that contain a dwelling. (c) No unit shall be used for an unhosted short-term rental use for more than 245 days in any calendar year in the Lakefront Residential Zone. This limitation of 245 days shall not apply to any written rental agreement that existed as of July 1, 2022, provided that the rental concludes by September 30, 2022. For the purposes of this § 270-219.7, each of the following shall count as one day: [1] A rental of 24 hours. [2] A rental of less than 24 hours that includes an overnight stay. [3] A rental of less than 24 hours that does not include an overnight stay. G. Termination of certain legal nonconforming uses after amortization. Town of Ithaca, NY § 270-219.7 § 270-219.7 Downloaded from https://ecode360.com/IT1944 on 2025-03-16 (1) Except as provided in Subsection G(3) below, The Zoning Board of Appeals may grant special approval for a short-term rental use subject to termination or a limitation on days under this § 270-219.7 to continue for a stated period of time after the termination or limitation takes effect, provided that the owner applies to the Zoning Board of Appeals by October 1, 2022, for such special approval, and further provided that the Zoning Board of Appeals finds that: [Amended 1-23-2023 by L.L. No. 2-2023] (a) The owner demonstrates that the short-term rental use is a legal nonconforming use; and (b) The owner demonstrates through competent dollars-and-cents proof that prior to April 1, 2022, they made substantial financial expenditures unique to the short- term rental use; and (c) The owner provides documentation of their total receipts from short-term rentals and expected revenue through the date of termination or limitation; and (d) The owner demonstrates that they have not recovered substantially all of the financial expenditures related to the short-term rental use; and (e) The owner demonstrates that they cannot obtain a reasonable return on their investment unique to the short-term rental use if the property is used for any other purpose permitted within the zoning district, and that the lack of a reasonable return is due solely to the termination or limitation on short-term rental days and not other market forces; and (f) The extension period granted by the Zoning Board of Appeals is the minimum extension period necessary to mitigate the demonstrated loss of a reasonable return. (2) The criteria for granting such special approval shall be as set forth above rather than the normal criteria in Article XXIV for granting a special approval. (3) For a short-term rental use that was previously allowed by or exempt from this § 270-219.7 and that is subject to termination on April 1, 2023 pursuant to amendments to this § 270-219.7 that become effective on April 1, 2023, the Zoning Board of Appeals may grant special approval for such short-term rental use to continue for a stated period of time after the termination takes effect, provided that the owner applies to the Zoning Board of Appeals by May 15, 2023, for such special approval, and further provided that the Zoning Board of Appeals finds that: [Added 1-23-2023 by L.L. No. 2-2023] (a) The owner demonstrates that the short-term rental use is a legal nonconforming use; and (b) The owner demonstrates through competent dollars-and-cents proof that prior to April 1, 2023, they made substantial financial expenditures unique to the short- term rental use; and (c) The owner provides documentation of their total receipts from short-term rentals and expected revenue through the date of termination; and (d) The owner demonstrates that they have not recovered substantially all of the Town of Ithaca, NY § 270-219.7 § 270-219.7 Downloaded from https://ecode360.com/IT1944 on 2025-03-16 financial expenditures related to the short-term rental use; and (e) The owner demonstrates that they cannot obtain a reasonable return on their investment unique to the short-term rental use if the property is used for any other purpose permitted within the zoning district, and that the lack of a reasonable return is due solely to the termination on short-term rental days and not other market forces; and (f) The extension period granted by the Zoning Board of Appeals is the minimum extension period necessary to mitigate the demonstrated loss of a reasonable return. (4) The criteria for granting special approval pursuant to Subsection G(3) above shall be as set forth in Subsection G(3) above rather than the normal criteria in Article XXIV for granting a special approval. [Added 1-23-2023 by L.L. No. 2-2023] (5) Owners of dwelling units that were previously exempt from this section and receive special approval pursuant to Subsection G(3) above must apply for an operating permit within five days of the grant of special approval. Upon the grant of special approval, all provisions of this § 270-219.7 apply during the duration of the special approval, except the Town may grant an operating permit to such owner even though it is not a natural person or trust. [Added 1-23-2023 by L.L. No. 2-2023] H. Order to remedy; operating permit suspension and revocation. (1) Whenever the Code Enforcement Officer finds that there has been a violation of this section, the Code Enforcement Officer is authorized to order in writing the remedying of any condition or activity in violation of this section. (2) An order to remedy shall be in writing; identify the property or premises; specify the condition or activity that violates this section; shall specify the provisions of this section which are violated by the specified condition or activity; shall include a statement that the violations must be corrected within 30 days after the date of the order to remedy; may direct the person served with the order to begin to remedy the violation(s) immediately or within some other stated period of time that can be less than 30 days after the date of the order; direct that compliance be achieved within the specified period of time; and shall state that an action or proceeding to compel compliance and/or seek penalties, fines and/or imprisonment may be instituted if compliance is not achieved within the specified period of time. (3) The order to remedy, or a copy thereof, may be served within five days after the date of the order to remedy by personal service, by mailing by registered or certified mail sent to the address set forth in the application for any permit submitted to the Town or to the property address, or by posting a copy thereof on the premises that are the subject of the order to remedy and mailing a copy, enclosed in a prepaid wrapper, addressed to the last known address of the owner as set forth in the Town of Ithaca records, or if none, in the most recent tax roll available to the Town of Ithaca. (4) In case the owner, operator, or the agent of any of them shall fail, neglect or refuse to remove, eliminate or abate the violation within the time specified in the order to remedy, a request to take appropriate legal action may be made to the Attorney for the Town of Town of Ithaca, NY § 270-219.7 § 270-219.7 Downloaded from https://ecode360.com/IT1944 on 2025-03-16 Ithaca, and/or the Code Enforcement Officer may initiate the process to suspend or revoke an operating permit, if the suspension/revocation process has not already been instituted. (5) Suspension and revocation of operating permit. (a) An operating permit may be suspended or revoked pursuant to Town of Ithaca Code Chapter 125 (Building Construction and Fire Prevention), § 125-8. In addition to the reasons for suspension and revocation in that section, an operating permit may be suspended or revoked if the owner of a dwelling unit used or offered for short- term rental use fails to apply for an operating permit in a timely manner, to obtain an operating permit after inspection, to maintain a valid operating permit after it is granted throughout the period that such unit is used or offered for a short- term rental use, or to otherwise comply with this section. (b) To initiate the process to suspend or revoke an operating permit, the Code Enforcement Officer shall issue a notice of intent to suspend or revoke the operating permit. The notice of intent to suspend or revoke shall describe the violation and require the operating permit holder to immediately correct the violation or cause the violation to be corrected. (c) The notice of intent shall be provided to the operating permit holder by personal service, by registered or certified mail to the address submitted with the permit application, or by posting on the premises at issue. (d) If the operating permit holder fails to immediately correct the violation or cause the violation to be corrected, the Code Enforcement Officer shall suspend or revoke the permit. (e) An operating permit holder shall be entitled to request a hearing on suspension or revocation before the Town Board, upon application made to the Town Clerk demonstrating that the operating permit holder was not in violation. Such hearing shall be requested, in writing, with the request addressed to and received by the Town Clerk within five business days of the permit holder's receipt of the notice of intent or of posting, whichever occurs earlier. Any suspension or revocation remains in effect unless modified by the Town Board. Within 30 days of the permit holder's written request, the Town Board shall hold a hearing to determine whether to reverse the suspension or revocation. The Town Board shall issue its written decision within 15 days after the hearing. (f) The owner of a dwelling unit for which a short-term rental operating permit has been revoked for the first time may not reapply for a new operating permit until one year after such revocation. (g) The owner of a dwelling unit for which a short-term rental operating permit has been revoked at least once before may not reapply for a new operating permit until five years after such revocation.