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Home My WebLink AboutTB Agenda and Materials 2025-12-08MEETING OF THE ITHACA TOWN BOARD December 8, 2025, 5:30 p.m. 215 N Tioga St For your convenience, this meeting will be also broadcast via ZOOM for public comments (929) 436-2866 Meeting ID 98910958241 and YouTube Link for viewing AGENDA 1. Call to Order and Pledge of Allegiance 2. Persons to be Heard and Board Comments 3. Finger Lakes Area Infrastructure Reliability Project (FLAIR) Overview 4. Public hearings and consider adoption of proposed local laws amending Town of Ithaca Code: Chapter 270, Zoning: a) Accessory buildings in Conservation, Low Density Residential, Medium Density Residential, and High Density Residential Zones, i. SEQR ii. Adoption b) The issuance of permits to build, c) Expiration periods for variances, special approvals, site plan approvals and special permits d) Posting of notices for certain applications, and Chapter 250, Vehicles and Traffic: e) Adding yield signs at the approaches of both of the one-lane bridges on Forest Home Dr 5. Consider adoption of proposed local law rescinding and replacing Town of Ithaca Code Chapter 144, Energy Code Supplement a) SEQR b. Adoption 6. Consider approval of a Revocable License Agreement with Cornell regarding portions of Pine Tree Road Walkway 7. Consider approval of actions associated with the Town’s Deer Management Program: a) Application for a Deer Damage Permit with DEC b) License with the City of Ithaca for Six Mile Creek Natural Area property c) Variance for access on Town Preserves 8. Consider Consent Agenda a) Approval of Town Board Minutes b) Approval of the Town of Ithaca Abstract c) Approval of Bolton Point Abstract d) Setting public hearings for December 30, 2025, regarding: a contract with the City of Ithaca for Fire Protection and Emergency Services; the acquisition of real property – Sage Preserve; and a local law revising Town of Ithaca Code Chapter 270 regarding the definition of “ordinary high water level” e) Approval of an amendment to Taitem Engineering Service contract f) Approval of budget amendments and transfers 9. Reports of Town Officials 10. Review of Correspondence MEETING OF THE ITHACA TOWN BOARD December 8, 2025 TB Resolution 2025 - : SEQR on a proposed local law amending Town of Ithaca Code Chapter 270, Zoning, regarding accessory buildings in Conservation Zones, Low Density Residential Zones, Medium Density Residential Zones, and High Density Residential Zones Whereas, this action is the SEQR determination on a proposed enactment of a local law amending Town of Ithaca Code Chapter 270, Zoning, regarding accessory buildings in Conservation Zones, Low Density Residential Zones, Medium Density Residential Zones, and High Density Residential Zones; and Whereas, this is an Unlisted Action for which the Ithaca Town Board is the Lead Agency in an environmental review with respect to the enactment of this local law; and Whereas, the Town Board, at its regular meeting held on December 8, 2025, has reviewed, and accepted as adequate, the Short Environmental Assessment Form (EAF), Parts 1, 2 and 3, for this action, prepared by the Town Planning staff; now, therefore, be it Resolved, that the Ithaca Town Board hereby makes a negative determination of environmental significance in accordance with Article 8 of the Environmental Conservation Law, 6 NYCRR Part 617 New York State Environmental Quality Review, and Chapter 148 Environmental Quality Review of the Town of Ithaca Code for the above-referenced action as proposed, based on the information in the EAF Part 1 and for the reasons set forth in the EAF Parts 2 and 3, and, therefore, a Draft Environmental Impact Statement will not be required. Moved: Seconded: Vote: Page 1 of 3 Short Environmental Assessment Form Part 1 - Project Information Instructions for Completing Part 1 – Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part 1 – Project and Sponsor Information Name of Applicant or Sponsor: Telephone: E-Mail: Address: City/PO: State: Zip Code: 1.Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, NO YES 2.Does the proposed action require a permit, approval or funding from any other government Agency? If Yes, list agency(s) name and permit or approval:NO YES 3.__________ acresa. Total acreage of the site of the proposed action? __________ acresb. Total acreage to be physically disturbed? c. Total acreage (project site and any contiguous properties) owned __________ acresor controlled by the applicant or project sponsor? 4.Check all land uses that occur on, are adjoining or near the proposed action: 5. Urban Rural (non-agriculture) Industrial Commercial Residential (suburban) Aquatic Other(Specify):□ Forest Agriculture □ Parkland SEAF 2019 Brief Description of Proposed Action: Project Location (describe, and attach a location map): Accessory buildings in Conservation (C), Low Density Residential (LDR), Name of Action or Project: administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no, continue to question 2. Page 2 of 3 5.Is the proposed action, a.A permitted use under the zoning regulations? b.Consistent with the adopted comprehensive plan? NO YES N/A 6.Is the proposed action consistent with the predominant character of the existing built or natural landscape?NO YES 7.Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? If Yes, identify: ________________________________________________________________________________ NO YES 8.a. Will the proposed action result in a substantial increase in traffic above present levels? b.Are public transportation services available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed action? NO YES 9.Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements, describe design features and technologies: _____________________________________________________________________________________________ _____________________________________________________________________________________________ NO YES 10.Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: _________________________________________ _____________________________________________________________________________________________ NO YES 11.Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: ______________________________________ _____________________________________________________________________________________________ NO YES archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory? NO YES 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local agency? b.Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: _____________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ NO YES 12.a. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district which is listed on the National or State Register of Historic Places, or that has been determined by the Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? b.Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for NOTE:The proposal involves only a legislative action so questions on this page are not required to be answered. N/A Page 3 of 3 14.Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: □Shoreline □ Forest Agricultural/grasslands Early mid-successional Wetland □ Urban Suburban NO YES 16.Is the project site located in the 100-year flood plan?NO YES 17.Will the proposed action create storm water discharge, either from point or non-point sources? If Yes, a.Will storm water discharges flow to adjacent properties? b.Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: _____________________________________________________________________________________________ _____________________________________________________________________________________________ NO YES 18.Does the proposed action include construction or other activities that would result in the impoundment of water or other liquids (e.g., retention pond, waste lagoon, dam)? If Yes, explain the purpose and size of the impoundment:______________________________________________ ____________________________________________________________________________________________ _ NO YES 19.Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste management facility? If Yes, describe: _______________________________________________________________________________ _____________________________________________________________________________________________ NO YES 20.Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or completed) for hazardous waste? If Yes, describe: _______________________________________________________________________________ _____________________________________________________________________________________________ NO YES I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Date: _____________________ Applicant/sponsor/name: ____________________________________________________ __________________________ Signature: _____________________________________________________Title:__________________________________ 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or Federal government as threatened or endangered? N/A Page 1 of 2 No, or small impact may occur Moderate to large impact may occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2.Will the proposed action result in a change in the use or intensity of use of land? 3.Will the proposed action impair the character or quality of the existing community? 4.Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)? 5.Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? 6.Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7.Will the proposed action impact existing: a. public / private water supplies? b. public / private wastewater treatment utilities? 8.Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? 9.Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)? 10.Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems? 11.Will the proposed action create a hazard to environmental resources or human health? Agency Use Only [If applicable] Project: Date: Short Environmental Assessment Form Part 2 - Impact Assessment Part 2 is to be completed by the Lead Agency. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept “Have my responses been reasonable considering the scale and context of the proposed action?” Acc Blgs in side yards 2025 4 4 4 4 4 4 4 4 4 4 4 4 December 8, 2025 Page 2 of 2 Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. _______________________________________________ Date __________ _ _ ____ ___ _ _ _____ ___________________ Name of Lead Agency _________________ _____ _ _________________________ Print or Type Name of Responsible Officer in Lead Agency _________________________________________________ Signature of Responsible Officer in Lead Agency _______________ ____ _______ _ _ ___________________ Title of Responsible Officer ___________ _ _ _ ______ _ _ _ _ __ __ _ _ _ _ _ ______________ Signature of Preparer (if different from Responsible Officer) Agency Use Only [If applicable] Project: Date: Short Environmental Assessment Form Part 3 Determination of Significance For every question in Part 2 that was answered “moderate to large impact may occur”, or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, pleasecomplete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements thathave been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agencydetermined that the impact may or will not be significant. Each potential impact should be assessed considering its setting,probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short-term, long-term and cumulative impacts. 4 Town of Ithaca Town Board Rod Howe Town Supervisor Christine Balestra, Planner Acc Blgs in side yards 8, 2025December 1 MEETING OF THE ITHACA TOWN BOARD December 8, 2025 TB Resolution 2025- : Adoption of Local Law XX of 2025, entitled “A local law amending Town of Ithaca Code Chapter 270, Zoning, regarding accessory buildings in Conservation Zones, Low Density Residential Zones, Medium Density Residential Zones, and High Density Residential Zones Whereas, the Codes & Ordinances Committee, during meetings on July 10, 2025 and September 11, 2025, along with Town staff, researched and considered legislative options for addressing issues associated with accessory buildings, and Whereas, the Town Board, at a meeting held on October 29, 2025, reviewed a preliminary draft of the legislative language prepared by the Codes & Ordinances Committee, and Whereas, at a meeting on November 24, 2025, the Town Board scheduled a public hearing for December 8, 2025 at 5:30 pm to hear all interested parties on the proposed local law entitled a “Local Law Amending Town Of Ithaca Code Chapter 270, Zoning, Regarding Accessory Buildings In Conservation Zones, Low Density Residential Zones, Medium Density Residential Zones, And High Density Residential Zones,” and Whereas, notice of said public hearing was duly advertised in the Ithaca Journal, and Whereas, said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof, and Whereas, this is an Unlisted Action for which the Ithaca Town Board is the Lead Agency in an environmental review with respect to the enactment of this local law, and Whereas, the Town Board, at its regular meeting held on December 8, 2025, has reviewed, and accepted as adequate the Short Environmental Assessment Form (EAF), Parts 1, 2 and 3, for this action, prepared by the Town Planning staff, and Whereas, the Town Board finds that the proposed amendments to the Town Code will further the health and welfare of the community and are in accordance with the Town of Ithaca Comprehensive Plan, now therefore be it Resolved, that the Town Board of the Town of Ithaca hereby adopts said local law entitled “Local Law amending Town of Ithaca Code Chapter 270, Zoning, regarding accessory buildings in Conservation Zones, Low Density Residential Zones, Medium Density Residential Zones, and High Density Residential Zones.” Moved: Seconded: Vote: COMMISSIONER Katherine Borgella DEPUTY COMMISSIONER M. Megan McDonald 121 E. Court St, Ithaca, N.Y. 14850 | Phone: (607) 274-5560 | tompkinscountyny.gov/planning Creating and implementing plans that position Tompkins County communities to thrive. November 21, 2025 C.J. Randall, Director of Planning Town of Ithaca 215 North Tioga St. Ithaca, NY 14850 Re: Review Pursuant to §239 -l, -m and -n of New York State General Municipal Law Proposed Action: A Local Law Amending Town of Ithaca Code Chapter 270, Zoning, Regarding Accessory Buildings Dear C.J. Randall: This letter acknowledges your referral of the proposed action identified above for review by the Tompkins County Department of Planning and Sustainability pursuant to §239 -l, -m and -n of the New York State General Municipal Law. We have determined the proposed action will have no significant county-wide or inter-community impact. We look forward to receiving notification on the final action taken by your municipality within 30 days of decision, as required by State law. Sincerely, Katherine Borgella, AICP Commissioner of Planning and Sustainability Item 4a 1 TOWN OF ITHACA LOCAL LAW NO. ___ OF THE YEAR 2025 A LOCAL LAW AMENDING TOWN OF ITHACA CODE CHAPTER 270, ZONING, REGARDING ACCESSORY BUILDINGS IN CONSERVATION ZONES, LOW DENSITY RESIDENTIAL ZONES, MEDIUM DENSITY RESIDENTIAL ZONES, AND HIGH DENSITY RESIDENTIAL ZONES Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 270 (Zoning), Article III (Terminology) of the Town of Ithaca Code, Section 270-5 (Definitions), is amended by deleting the definition of “Woodshed.” Section 2. Chapter 270 (Zoning), Article V (Conservation Zones) of the Town of Ithaca Code, is amended as follows: A. Add the following sentence to the end of Section 270-16 (Height limitations): “Height limits for certain nonagricultural accessory buildings in side yards are governed by § 270-17.F(2)(b).” B. In Section 270-17 (Yard regulations), Subsection F (Accessory buildings), delete Subsections F(2) and F(3) and replace them with new Subsections F(2) and F(3) reading as follows: “(2) All other accessory buildings (except garages) may not occupy any open space other than: (a) A rear yard, or (b) A side yard, provided that their height in the side yard does not exceed 12 feet, and their cumulative footprint in the side yard does not exceed 400 square feet in area. (3) The total lot area covered by nonagricultural accessory buildings (including garages) may not occupy more than 1,000 square feet of the two-hundred-foot rear yard setback required by Subsection B above.” C. Delete Subsection H (Woodsheds). Section 3. Chapter 270 (Zoning), Article VIII (Low Density Residential Zones) of the Town of Ithaca Code, is amended as follows: A. In Section 270-59 (Height limitations), add the following sentence just before the sentence beginning “The foregoing height limitations”: Item 4a 2 “Height limits for certain accessory buildings in side yards are governed by § 270- 60.E(2)(b).” B. In Section 270-60 (Yard regulations), Subsection E (Accessory buildings), delete Subsections E(2) and E(3) and replace them with new Subsections E(2) and E(3) reading as follows: “(2) All other accessory buildings (except garages) may not occupy any open space other than: (a) A rear yard, or (b) A side yard, provided that their height in the side yard does not exceed 12 feet, and their cumulative footprint in the side yard does not exceed 350 square feet in area. (3) Accessory buildings (including garages, and buildings occupied by a detached accessory dwelling unit), in the aggregate, may occupy not more than 15% of the fifty-foot rear yard setback required by Subsection B above.” C. Delete Subsection G (Woodsheds). Section 4. Chapter 270 (Zoning), Article IX (Medium Density Residential Zones) of the Town of Ithaca Code, is amended as follows: A. Add the following sentence to the end of Section 270-70 (Height limitations): “Height limits for certain accessory buildings in side yards are governed by § 270- 71.E(2)(b).” B. In Section 270-71 (Yard regulations), Subsection E (Accessory buildings), delete Subsections E(2) and E(3) and replace them with new Subsections E(2) and E(3) reading as follows: “(2) All other accessory buildings (except garages) may not occupy any open space other than: (a) A rear yard, or (b) A side yard, provided that their height in the side yard does not exceed 12 feet, and their cumulative footprint in the side yard does not exceed 200 square feet in area. Item 4a 3 (3) Accessory buildings (including garages, and buildings occupied by a detached accessory dwelling unit), in the aggregate, may occupy not more than 40% of the thirty-foot rear yard setback required by Subsection B above.” C. Delete Subsection G (Woodsheds). Section 5. Chapter 270 (Zoning), Article X (High Density Residential Zones) of the Town of Ithaca Code, is amended as follows: A. Add the following sentence to the end of Section 270-81 (Height limitations): “Height limits for certain accessory buildings in side yards are governed by § 270- 82.E(2)(b).” B. In Section 270-82 (Yard regulations), Subsection E (Accessory buildings), delete Subsections E(2) and E(3) and replace them with new Subsections E(2) and E(3) reading as follows: “(2) All other accessory buildings (except garages) may not occupy any open space other than: (a) A rear yard, or (b) A side yard, provided that their height in the side yard does not exceed 12 feet, and their cumulative footprint in the side yard does not exceed 150 square feet in area. (3) Accessory buildings (including garages, and buildings occupied by a detached accessory dwelling unit), in the aggregate, may occupy not more than 40% of the thirty-foot rear yard setback required by Subsection B above.” C. Delete Subsection G (Woodsheds). Section 6. 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 7. This local law shall take effect immediately upon its filing with the New York State Secretary of State. 1 MEETING OF THE ITHACA TOWN BOARD December 8, 2025 TB Resolution 2025- : Adoption of (1) “A Local Law Amending Town of Ithaca Code Chapter 270, Zoning, Regarding Expiration Periods for Variances, Special Approvals, Site Plan Approvals and Special Permits,” (2) “A Local Law Amending Town of Ithaca Code Chapter 270, Zoning, Regarding Issuance of Permits to Build,” and (3) “A Local Law Amending Town of Ithaca Code Chapter 270, Zoning, Regarding Posting of Notices for Certain Applications.” Whereas, the Codes & Ordinances Committee, during meetings on September 11, 2025, and November 13, 2025, along with Town staff, researched and considered legislative options for addressing issues associated with accessory buildings, and Whereas, the Town Board, at a meeting held on November 24, 2025, reviewed preliminary drafts of the legislative language prepared by the Codes & Ordinances Committee, and Whereas, at a meeting on November 24, 2025, the Town Board scheduled a public hearing for December 8, 2025, at 5:30 pm to hear all interested parties on the three proposed local laws entitled: 1. A Local Law Amending Town of Ithaca Code Chapter 270, Zoning, Regarding Expiration Periods for Variances, Special Approvals, Site Plan Approvals and Special Permits 2. A Local Law Amending Town of Ithaca Code Chapter 270, Zoning, Regarding Issuance of Permits to Build 3. A Local Law Amending Town of Ithaca Code Chapter 270, Zoning, Regarding Posting of Notices for Certain Applications Whereas, notice of said public hearing was duly advertised in the Ithaca Journal, and Whereas, said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof, and Whereas, pursuant to the New York State Environmental Quality Review Act (“SEQRA”) and its implementing regulations at 6 NYCRR Part 617, adoption of said local laws are a Type II Action pursuant to 6 NYCRR Part 617.5 c (26), which requires no further environmental review, and Whereas, the Town Board finds that the proposed amendments to the Town Code will further the health and welfare of the community and are in accordance with the Town of Ithaca Comprehensive Plan, now therefore be it Resolved, the Town Board of the Town of Ithaca hereby adopts the following: 2 1. Local Law XX of 2025 Amending Town of Ithaca Code Chapter 270, Zoning, Regarding Expiration Periods for Variances, Special Approvals, Site Plan Approvals and Special Permits 2. Local Law XX of 2025 Amending Town of Ithaca Code Chapter 270, Zoning, Regarding Issuance of Permits to Build 3. Local Law XX of 2025 Amending Town of Ithaca Code Chapter 270, Zoning, Regarding Posting of Notices for Certain Applications Moved: Seconded: Vote: Item 4b TOWN OF ITHACA LOCAL LAW NO. ___ OF THE YEAR 2025 A LOCAL LAW AMENDING TOWN OF ITHACA CODE CHAPTER 270, ZONING, REGARDING ISSUANCE OF PERMITS TO BUILD Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 270 (Zoning), Article XXVIII (Administration) of the Town of Ithaca Code, Section 270-233, titled “Permit to build,” is amended by deleting the last sentence in Subsection B and replacing it with the following sentence: “Notwithstanding the foregoing, even if there is an existing violation of this chapter on the parcel, this subsection shall not prohibit the issuance of a permit to repair or replace an element of a structure or part or all of a system when the Director of Code Enforcement determines that such repair or replacement is necessary to maintain the structure’s integrity or to protect the occupant’s or public’s health, safety or wellbeing.” 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 upon its filing with the New York State Secretary of State. COMMISSIONER Katherine Borgella DEPUTY COMMISSIONER M. Megan McDonald 121 E. Court St, Ithaca, N.Y. 14850 | Phone: (607) 274-5560 | tompkinscountyny.gov/planning Creating and implementing plans that position Tompkins County communities to thrive. November 21, 2025 C.J. Randall, Director of Planning Town of Ithaca 215 North Tioga St. Ithaca, NY 14850 Re: Review Pursuant to §239 -l, -m and -n of New York State General Municipal Law Proposed Action: A Local Law Amending Town of Ithaca Code Chapter 270, Zoning, Regarding Issuance of Permits to Build Dear C.J. Randall: This letter acknowledges your referral of the proposed action identified above for review by the Tompkins County Department of Planning and Sustainability pursuant to §239 -l, -m and -n of the New York State General Municipal Law. We have determined the proposed action will have no significant county-wide or inter-community impact. We look forward to receiving notification on the final action taken by your municipality within 30 days of decision, as required by State law. Sincerely, Katherine Borgella, AICP Commissioner of Planning and Sustainability Item 4c TOWN OF ITHACA LOCAL LAW NO. ___ OF THE YEAR 2025 A LOCAL LAW AMENDING TOWN OF ITHACA CODE CHAPTER 270, ZONING, REGARDING EXPIRATION PERIODS FOR VARIANCES, SPECIAL APPROVALS, SITE PLAN APPROVALS AND SPECIAL PERMITS Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 270 (Zoning), Article XXVIII (Administration) of the Town of Ithaca Code is amended as follows: A. In Section 270-235, titled “Zoning Board of Appeals,” Subsection J is amended by replacing Subsection J so that it reads as follows: “Unless any required work has materially commenced (as defined in § 270-194C) in accordance with the variance granted by the Zoning Board of Appeals within one year from the issuance of the building permit authorizing such work, or within 36 months of the granting of such variance, whichever is earlier, not only the building permit but the variance shall expire and the permissible uses and construction on the property shall revert to those in effect prior to the issuance of such variance. Expiration of special approvals granted by the Zoning Board of Appeals are governed by § 270-202.” B. In Section 270-236, titled “Planning Board,” Subsection G is deleted in its entirety, and Subsection H is re-lettered as Subsection G. 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 upon its filing with the New York State Secretary of State. COMMISSIONER Katherine Borgella DEPUTY COMMISSIONER M. Megan McDonald 121 E. Court St, Ithaca, N.Y. 14850 | Phone: (607) 274-5560 | tompkinscountyny.gov/planning Creating and implementing plans that position Tompkins County communities to thrive. November 21, 2025 C.J. Randall, Director of Planning Town of Ithaca 215 North Tioga St. Ithaca, NY 14850 Re: Review Pursuant to §239 -l, -m and -n of New York State General Municipal Law Proposed Action: A Local Law Amending Town of Ithaca Code Chapter 270, Zoning, Regarding Expiration Periods for Variances Dear C.J. Randall: This letter acknowledges your referral of the proposed action identified above for review by the Tompkins County Department of Planning and Sustainability pursuant to §239 -l, -m and -n of the New York State General Municipal Law. We have determined the proposed action will have no significant county-wide or inter-community impact. We look forward to receiving notification on the final action taken by your municipality within 30 days of decision, as required by State law. Sincerely, Katherine Borgella, AICP Commissioner of Planning and Sustainability Item 4d TOWN OF ITHACA LOCAL LAW NO. ___ OF THE YEAR 2025 A LOCAL LAW AMENDING TOWN OF ITHACA CODE CHAPTER 270, ZONING, REGARDING POSTING OF NOTICES FOR CERTAIN APPLICATIONS Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 270 (Zoning), Article XXVIII (Administration) of the Town of Ithaca Code, Section 270-237 (Posting of notices) is amended as follows: A. In Subsection B, replace “14” with “5 days” so Subsection B reads as follows: “The posting shall occur at least 5 days and not more than 30 days before the first meeting of the Board at which the matter is to be heard as set forth above.” B. Replace Subsection E with a new Subsection E reading as follows: “The required signs shall be obtained from the Director of Planning, Director of Code Enforcement, their respective designees, or the Town Clerk and shall contain the information set forth on the form of sign supplied by the Town. Fees for such signs may be set from time to time by Town Board resolution.” 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 upon its filing with the New York State Secretary of State. MEETING OF THE ITHACA TOWN BOARD November 10, 2025 TB Resolution 2025 - XXXX: Adoption of Local Law XX of 2025 Amending Chapter 250 of the Town of Ithaca Code, titled “Vehicles and Traffic,” by Adding Yield Signs at the Approaches to Both of the One Lane Bridges on Forest Home Drive Whereas, a duly called and publicized public hearing was held on November 10, 2025 at 5:30 p.m. at the Ithaca Town Hall and by the Zoom platform, regarding a proposed Local Law Amending Chapter 250 of the Town of Ithaca Code, Titled “Vehicles and Traffic,” by Adding Yield Signs at the Approaches to Both of the One Lane Bridges on Forest Home Drive, and all persons in attendance were permitted an opportunity to speak on behalf of or in opposition to said local law, or any part thereof, and Whereas, pursuant to the New York State Environmental Quality Review Act (“SEQRA”) and its implementing regulations at 6 NYCRR Part 617, it has been determined by the Town Board that adoption of the proposed local law is a Type II action because it constitutes “installation of traffic control devices on existing streets, roads and highways,” and thus this action is not subject to review under SEQRA, now, therefore be it Resolved, that the Town Board adopts Local Law X of 2025, Amending Chapter 250 of the Town of Ithaca Code, titled “Vehicles and Traffic,” by Adding Yield Signs at the Approaches to Both of the One Lane Bridges on Forest Home Drive. Moved: Seconded: Vote: Item 4e TOWN OF ITHACA LOCAL LAW NO. ___ OF THE YEAR 2025 A LOCAL LAW AMENDING CHAPTER 250 OF THE TOWN OF ITHACA CODE, TITLED “VEHICLES AND TRAFFIC,” BY ADDING YIELD SIGNS AT THE APPROACHES BOTH OF THE ONE LANE BRIDGES ON FOREST HOME DRIVE Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Pursuant to New York Vehicle and Traffic Law § 1660, New York Town Law § 130, and New York Municipal Home Rule Law § 10(2), Chapter 250 of the Town of Ithaca Code is hereby amended as follows: Schedule B at the end of Chapter 250, which Schedule is designated as “250 Attachment 2,” entitled “Yield Intersections” and referred to in § 250-19 of said Chapter, is amended by adding to the list in Schedule B the following entries: “On Forest Home Drive at both approaches to the one lane bridge that is located between Forest Home Drive’s intersections with Pleasant Grove Road and The Byway (private drive) On Forest Home Drive at both approaches to the one lane bridge that is located between Forest Home Drive’s intersections with Warren Road and Caldwell Road.” 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 upon its filing with the New York Secretary of State. DEPARTMENT OF CODE ENFORCEMENT 215 N. Tioga St 14850 607.273.1783 codes@townithacany.gov 12/4/25 Dear Town Board, At the November 24th Town Board meeting, Cornell University expressed concerns regarding the proposed adoption of the Town of Ithaca Energy Code (IEC). For reference, the IEC would adopt Appendix CC and Appendix RC of the 2025 NYS Energy Code by incorporation. The concerns raised by Cornell University are presented below in black text, with the Town’s responses provided in blue text. A. “ First, it is out of synch with the time it takes for anyone to successfully plan and construct large renewable portfolios in NY, especially with current headwinds” Town Response: When the IEC was originally adopted in 2021, it included an automatic update provision requiring adoption of the “Zero Code” in 2026. This requirement appears in Sections 144- R504.7 and 144-C404.7 of the IEC. The Town is now proposing to adopt a different, more accessible zero code, which is why Appendix CC and Appendix RC are being advanced. These appendices are included in the 2025 NYS Energy Code for informational purposes only and must be formally adopted by a municipality to become enforceable. Additionally, if the Town did not adopt the proposed updates to the IEC, the existing requirements in Sections 144-R504.7 and 144-C404.7 would still take effect on January 1, 2026, and would apply to all new commercial and residential projects, thus requiring zero greenhouse gas emissions on all new construction. B. “Second, it inhibits the ability to leverage economies of scale to proactively develop large projects 1. “For example, I anticipate that Cornell will need RECs from offsite projects to meet net zero requirements in any version of code currently being contemplated, as well as our own goals.” Town Response: Cornell would have the option to purchase RECs in order to comply with Appendix CC. Additionally, off-site RECs may need to be purchased for projects that cannot generate sufficient on-site renewable energy, as required by Section C405.15 of the 2025 NYS Energy Code. Section C405.15.1 of the 2025 NYS Energy Code now requires buildings to include on-site renewable energy systems but also provides exceptions that allow the use of off-site RECs when on-site generation is insufficient. 2. “Our energy and capital planning processes look out as far as 2050 and beyond - allowing us to anticipate our long term REC needs.” Town Response: We have no response to this comment as it appears that this is more of a statement of Cornell’s goals. 3. “At the same time, accounting and financial regulatory frameworks pose limits on developing more RECs than we need.” Town Response: We have no response to this comment as it appears that this is more of a statement from Cornell. C. “Limiting renewables to a 5-year timeline from building occupancy means that we have to consider preserving capacity in our renewable portfolio versus solving to execute as much capacity as we can as soon as possible. Without the 5-year limitation, Cornell can plan large-scale renewable portfolio projects aligned with NY's renewable energy policies, support future net-zero buildings and help accelerate NY's decarbonization goals.” Town Response: Appendix CC, Section 103.2.2, Subsection 3 (3.1), contains the same language as Section C405.15.3 of the 2025 NYS Energy Code. Section C405.15.3, Subsection 3, states that “the RECs and EACs are from a generating asset placed in service not more than five years before the issuance of the certificate of occupancy.” As a result, this time requirement for RECs and EACs remains enforceable under the 2025 NYS Energy Code, even if the Town did not adopt the corresponding language in Appendix CC, Section 103.2.2, Subsection 3 (3.1). In conclusion, even if the Town chose not to adopt a more stringent energy code under NYS Energy Law 11-109, projects would still be required to comply with the five-year renewable energy timeline specified in Section C405.15.3 of the 2025 NYS Energy Code. Additionally, the Town already enforces a more restrictive energy code that mandates zero -emission new construction. Thus, the proposed adoption of Appendix RC and Appendix CC from the 2025 NYS Energy Code, in place of the current “Zero Code” requirements, would result in essentially the same practical impact. Thank you, Marty Moseley Director of Code Enforcement To: Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 DEPARTMENTS OF CODE ENFORCEMENT & PLANNING 215 N. Tioga St 14850 607.273.1747 http://www.townithacany.gov 1 | P a g e From: Hilary Swartwood, Sustainability Planner To: Town Board Members Date: November 24, 2025 Subject: Ithaca Energy Code Supplement Update EXECUTIVE SUMMARY The Town of Ithaca is issuing this memorandum to provide community members and stakeholders an update on proposed amendments to the pioneering Ithaca Energy Code Supplement (Town of Ithaca IECS). Adopted in 2021, The Ithaca Energy Code Supplement (IECS) contained requirements for new construction and major renovations that substantially reduced greenhouse gas emissions, while emphasizing electriﬁcation and aordability. Implementation was intentionally passed in increments, with each phase increasing the reductions in emissions. This method provided Code Enforcement Oicers, developers, residents, institutions, and other organizations time to adjust and prepare before moving to the next phase. Starting in late 2023, a designated working group was tasked with reviewing key provisions of the existing code as well as evaluating requests submitted by external stakeholders. At the same time, the State Fire Prevention and Building Code Council (“Code Council”) was preparing to release an updated State Fire Prevention and Building Code (the “Uniform Code”) and an updated State Energy Conservation Construction Code (the “Energy Code”). THE WORKING GROUP The working group included representatives from both the City and Town of Ithaca, supported by external consultation from Lou Vogel, P.E., Distinguished Engineer and Partner at Taitem Engineering, D.P.C. Municipal representatives included the Town Supervisor, Town Director of Planning, Town Sustainability Planner and City Director of Sustainability, and Town Director of Code Enforcement & Zoning and City Director of Code Enforcement. PROCESS The working group engaged with internal and external subject matter experts to ensure data-driven decision-making and a comprehensive understanding of anticipated changes to the Energy Code. Informal technical assistance was also provided by the Paciﬁc Northwest National Laboratory and the New York State Energy Research and Development Authority (NYSERDA). Throughout the review, the group closely monitored the activities of the Code Council to ensure both legal compliance and ﬁdelity to the intent of the Ithaca Energy Code Supplement. Priority was placed on amendments that would support the Community Choice Aggregation program (Tompkins Green Energy Network (T-GEN)) and its Distributed Energy Resources program- Initiatives designed to accelerate aordable community-wide decarbonization in line with the City of Ithaca and Town of Ithaca’s Green New Deals. In July 2025, the Code Council formally adopted the 2025 Uniform Code and Energy Code. These updates, informed in part by the Ithaca Energy Code Supplement and the 2024 International Code Council (“ICC”) standards, advance New York’s 2025 NYS Energy Code C405.15.1 On-site renewable energy systems. Buildings shall be provided with on-site renewable energy generation systems with a direct current (DC) nameplate power rating of not less than 0.75 watts per square foot (8.1 W/m2) multiplied by the sum of the gross conditioned floor area of all floors, not to exceed the combined gross conditioned floor area of the three largest floors. Exceptions: The following buildings or building sites shall comply with Section C405.15.2: 1. 1.A building site located where an unshaded flat plate collector oriented toward the equator and tilted at an angle from horizontal equal to the latitude receives an annual daily average incident solar radiation less than 1.1 kBtu/ft 2 per day (3.5 kWh/m2/day). 2. 2.A building where more than 80 percent of the roof area is covered by any combination of permanent obstructions such as, but not limited to, mechanical equipment, vegetated space, access pathways or occupied roof terrace. 3. 3.Any building where more than 50 percent of the roof area is shaded from direct- beam sunlight by natural objects or by structures that are not part of the building for more than 2,500 annual hours between 8:00 a.m. and 4:00 p.m. 4. 4.A building with gross conditioned floor area less than 5,000 square feet (465 m2). C405.15.2.2 Off-site contract. The renewable energy shall be delivered or credited to the building site under an energy contract with a duration of not less than 10 years. The contract shall be structured to survive a partial or full transfer of ownership of the building property. C405.15.3 Renewable energy certificate (REC) documentation. The property owner or owner’s authorized agent shall demonstrate that where renewable energy certificates (RECs) or energy attribute certificates (EACs) are associated with on- site and off-site renewable energy production required by Sections C405.15.1 and C405.15.2, all of the following criteria for RECs and EACs shall be met: 1. The RECs and EACs are retained and retired by or on behalf of the property owner or tenant for a period of not less than 15 years or the duration of the contract in Section C405.15.2.2, whichever is less. 2. The RECs and EACs are created within a 12-month period of the use of the REC. 3. The RECs and EACs are from a generating asset placed in service not more than 5 years before the issuance of the certificate of occupancy. Appendix CC (Adopted as identified in the Town of Ithaca Energy Code Supplement Chapter 144) CC103.3.2 Requirements for all procurement methods. Off-site renewable energy systems and procurement methods used to comply with Section CC103.1 shall comply with all of the following: 1. 1.The building owner shall sign a legally binding contract or other approved agreement to procure qualifying off-site renewable energy. 2. 2.The procurement contract shall have duration of not less than 15 years and shall be structured to survive a partial or fulltransfer of ownership of the property. 3. 3.RECs associated with the procured off-site renewable energy shall comply with the following requirements: 1. 3.1.The RECs shall be retained or retired by or on behalf of the property owner or tenant for a period of not less than 15 years. 2. 3.2.The RECs shall be created within a 12-month period of use of the REC. 3. 3.3.The RECs shall be from a generating asset constructed not more than 5 years before the issuance of the certificate of occupancy. 4. 4.The generating source shall be a renewable energy system. 5. 5.The generation source shall be located where the energy can be delivered to the building site by any of the following: 1. 5.1.Direct connection to the off-site renewable energy facility. 2. 5.2.The local utility or distribution entity. 3. 5.3.An interconnected electrical network where energy delivery capacity between the generator and the building site is available. progress toward the decarbonization and equity goals set forth in the Climate Leadership and Community Protection Act. The Town takes pride in contributing to a code that has ushered the entire state toward a cleaner and healthier future for all New Yorkers. THE NEW CODE The Town of Ithaca anticipates adopting the New York State Uniform Code and Energy Code in 2026, together with two appendices. Under the new requirements:  Net Zero construction* will be mandatory for all new buildings and qualifying renovations.  With some exceptions, commercial buildings are required to provide a minimum amount of renewable energy.  Fossil fuels may not be used for heating or cooling, including in district heating systems.***  Will provide 19.5% site energy savings for commercial buildings, and 17.0% site energy savings for residential buildings.** This impact is speciﬁc to the upgrade and implementation of the 2025 NYS Energy Code compared to the 2020 NYS Energy Code.  The expected Incremental Construction Cost to implement these changes after December 30, 2025, is $-0.01/SF for commercial, and $2.33/SF for residential buildings.** This impact is speciﬁc to the upgrade and implementation of the 2025 NYS Energy Code compared to the 2020 NYS Energy Code.  Adoption of the two ICC Net Zero Appendices, for Commercial and Residential buildings, will require osetting of the entire annual energy usage of the building with renewable energy.  Developers of exempt buildings (2026-2028) will be required to demonstrate how their projects will oset associated greenhouse gas emissions to be net-zero in emissions. The working group found that the NYS Energy Code with the Net Zero appendices would uphold the original intent of the 2026 Ithaca Energy Code Supplement of Net Zero emissions and no fossil fuels for new construction in commercial and residential buildings. *Net Zero buildings are designed for zero or negative net energy consumption or carbon emissions **New York State Energy Research and Development Authority (NYSERDA). 2024. “Energy Savings and Cost-Eectiveness Analysis of the 2024 Energy Conservation Construction Code New York State Commercial Provisions,” Prepared by NORESCO LLC. NYSERDA.NY.gov/publications. ***As of 11/21/2025 New York State has delayed the implementation of prohibiting fossil fuels in all new construction previously identiﬁed in Part 1229 and 1240 of the New York State Code Rules and Regulations. REQUESTS FOR EXCEPTION With the adoption of the New York State Uniform and Energy Codes, any requests for variances that apply only to the New York State Energy and Uniform Codes should be made through the Department of State. Any deviations from the Ithaca Energy Code would follow the path of a requested variance through the Town of Ithaca’s Zoning Board of Appeals, as has been the practice in the previous additions of the IECS. TIMELINE FOR APPROVAL November 24: Town Board holds a Public Hearing to repeal and replace the IECS with a new IECS December 5: NYS Code Council Meeting: Anticipated approval of IECS January 1, 2026: Updated IECS is enforceable**** ****With the exception of Part 1229 and 1240 of the New York State Code Rules and Regulations MEETING OF THE ITHACA TOWN BOARD December 8, 2025 TB Resolution 2025 - : SEQR Regarding a Local Law deleting Ithaca Town Code Chapter 144, titled “Energy Code Supplement,” and replacing it with a New Chapter 144, titled “Energy Code Supplement.” Whereas, this action is the proposed enactment of a Local Law deleting Ithaca Town Code Chapter 144, Titled “Energy Code Supplement,” and replacing it with a New Chapter 144, titled “Energy Code Supplement;” and Whereas, this is an Unlisted Action for which the Ithaca Town Board is the Lead Agency in an environmental review with respect to the enactment of this local law; and Whereas, the Town Board, at its regular meeting held on November 24, 2025, has reviewed, and accepted as adequate the Short Environmental Assessment Form (EAF), Parts 1, 2 and 3, for this action, prepared by the Town Planning staff; now, therefore, be it Resolved, that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance in accordance with Article 8 of the Environmental Conservation Law, 6 NYCRR Part 617 New York State Environmental Quality Review, and Chapter 148 Environmental Quality Review of the Town of Ithaca Code for the above-referenced action as proposed, based on the information in the EAF Part 1 and for the reasons set forth in the EAF Parts 2 and 3, and, therefore, a Draft Environmental Impact Statement will not be required. Moved: Seconded: Vote: Page 1 of 3 Short Environmental Assessment Form Part 1 - Project Information Instructions for Completing Part 1 – Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Project Location (describe, and attach a location map): Telephone: E-Mail: Address: City/PO: State: Zip Code: NO YES 2.Does the proposed action require a permit, approval or funding from any other government Agency? If Yes, list agency(s) name and permit or approval:NO YES 3.a. Total acreage of the site of the proposed action? __________ acres b. Total acreage to be physically disturbed? __________ acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? __________ acres 4.Check all land uses that occur on, are adjoining or near the proposed action: 5. Urban Rural (non-agriculture) Industrial Commercial Residential (suburban) Aquatic Other(Specify):□ Forest Agriculture □ Parkland SEAF 2019 Brief Description of Proposed Action: Name of Applicant or Sponsor: 1.Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation? Please see part 3 for description of potential environmental impacts. If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no, continue to question 2. Part 1 – Project and Sponsor Information Name of Action or Project: Page 2 of 3 a.A permitted use under the zoning regulations? b.Consistent with the adopted comprehensive plan? 6.Is the proposed action consistent with the predominant character of the existing built or natural landscape?NO YES If Yes, identify: ________________________________________________________________________________ NO YES 8.a. Will the proposed action result in a substantial increase in traffic above present levels? b.Are public transportation services available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed action? NO YES If the proposed action will exceed requirements, describe design features and technologies: _____________________________________________________________________________________________ _____________________________________________________________________________________________ NO YES 10.Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: _________________________________________ _____________________________________________________________________________________________ NO YES 11.Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: ______________________________________ _____________________________________________________________________________________________ NO YES archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory? NO YES 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local ag ency? b.Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: _____________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ 12.a. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district which is listed on the National or State Register of Historic Places, or that has been determined by the Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? b.Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for Page 3 of 3 14.Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: □Shoreline □ Forest Agricultural/grasslands Early mid-successional Wetland □ Urban Suburban 15.Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or Federal government as threatened or endangered? 16.Is the project site located in the 100-year flood plan?NO YES 17.Will the proposed action create storm water discharge, either from point or non-point sources? If Yes, a.Will storm water discharges flow to adjacent properties? b.Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: _____________________________________________________________________________________________ _____________________________________________________________________________________________ 18.Does the proposed action include construction or other activities that would result in the impoundment of water or other liquids (e.g., retention pond, waste lagoon, dam)? If Yes, explain the purpose and size of the impoundment:______________________________________________ ____________________________________________________________________________________________ _ NO YES 19.Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste management facility? If Yes, describe: _______________________________________________________________________________ _____________________________________________________________________________________________ 20.Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or completed) for hazardous waste? If Yes, describe: _______________________________________________________________________________ _____________________________________________________________________________________________ I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Date: _____________________ Applicant/sponsor/name: ____________________________________________________ __________________________ Signature: _____________________________________________________Title:__________________________________ Page 1 of 2 No, or small impact may occur Moderate to large impact may occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2.Will the proposed action result in a change in the use or intensity of use of land? 3.Will the proposed action impair the character or quality of the existing community? 4.Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)? 5.Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? 6.Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7.Will the proposed action impact existing: a. public / private water supplies? b. public / private wastewater treatment utilities? 8.Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? 9.Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)? 10.Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems? 11.Will the proposed action create a hazard to environmental resources or human health? Agency Use Only [If applicable] Project: Date: Short Environmental Assessment Form Part 2 - Impact Assessment Part 2 is to be completed by the Lead Agency. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept “Have my responses been reasonable considering the scale and context of the proposed action?” Page 2 of 2 Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. _________________________________________________ _______________________________________________ Name of Lead Agency Date _________________________________________________ _______________________________________________ Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer _________________________________________________ _______________________________________________ Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from Responsible Officer) Agency Use Only [If applicable] Project: Date: Short Environmental Assessment Form Part 3 Determination of Significance For every question in Part 2 that was answered “moderate to large impact may occur”, or if there isn aeed to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering is testting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short- term, long-term and cumulative impacts. MEETING OF THE ITHACA TOWN BOARD December 8, 2025 TB Resolution 2025 – : Adoption of “A Local Law Deleting Ithaca Town Code Chapter 144, Titled “Energy Code Supplement,” and replacing it with a new Chapter 144, titled “Energy Code Supplement.” Whereas, climate change is causing an increase in extreme weather events, such as storms, flooding, and heat waves that threaten human life, healthy communities, and critical infrastructure in the Town of Ithaca (Town), New York State, and across the world; and Whereas, greenhouse gas (GHG) emissions related to human activity are the main cause of global warming, and buildings within the Town of Ithaca are the most significant contributor to local GHG emissions, responsible for more than half of all community GHG emissions; and Whereas, the Town Board unanimously adopted the Town’s Green New Deal on March 23, 2020, which sets forth a goal to achieve an equitable transition to carbon-neutrality community- wide by 2030; and Whereas, New York State, through its Climate Leadership and Community Protection Act, has set ambitious goals to combat climate change through GHG reduction, and state goals are in line with many of the objectives of the Energy Code Supplement (“ECS”), including reducing emissions in buildings, electrifying space heating, water heating, and cooking systems, increasing the use of renewable energy, and reducing the use of fossil fuels; and Whereas, for new buildings, the most affordable and cost-effective time to reduce GHG emissions is during the design and construction phases of a project, rather than at a time of later retrofit; and Whereas, pursuant to section 11-109 of the New York State Energy Law, and subject to the provisions and requirements of that section, municipalities may promulgate local energy conservation construction codes more stringent than the NYS Energy Code; and Whereas, Town Code Chapter 144, Energy Code Supplement, is a local energy code supplement for all new construction, certain additions, and major renovations, with requirements above and beyond the state energy code; and Whereas, the ECS is intended to advance best practices in the design of affordable buildings that deliver reduced GHG emissions and to provide a rapid but orderly transition to buildings that do not use fossil fuels on-site for major building energy needs, such as space heating and hot water heating, by 2026; and Whereas, the 2014 Town of Ithaca Comprehensive Plan recommends adopting a building code to require all new construction projects and major renovations to incorporate green building techniques and achieve specific energy efficiency standards; and Whereas, the Comprehensive Plan includes the following guiding principle: The Town enacts and implements policies and regulations that integrate sustainability and climate protection into building and construction practices and land use planning; and Whereas, the Town of Ithaca adopted the Ithaca Energy Code Supplement on June 14, 2021; and Whereas, at Town Board meetings, including most recently on September 29, 2025 and November 10, 2025, the Board received an update on the Energy Code Supplement and was given the opportunity to discuss, ask questions, and offer suggestions on the proposal; and Whereas, a Public Hearing was scheduled for November 24, 2025 at 5:30 p.m., to hear all interested parties on the proposed local law; and Whereas, notice of the public hearing was duly advertised in the Ithaca Journal; and Whereas, the public hearing was duly held on the date and time and all parties were permitted an opportunity to speak on behalf of or in opposition to the proposed local laws, or any part of them; and Whereas, pursuant to the New York State Environmental Quality Review Act (“SEQRA”) and its implementing regulations at 6 NYCRR Part 617, adoption of the local laws is a Unlisted Action for which the Town Board of the Town of Ithaca, acting as lead agency in an environmental review with respect to adoption of these local laws, has, on November 10, 2025, made a negative determination of environmental significance, after having reviewed and accepted as adequate the Short Environmental Assessment Form Parts 1, 2 and 3; and Whereas, the Town Board finds that the amendments to the Town Code, and the type of development it enables will further the health, safety, and general welfare of the community and are in accordance with the Comprehensive Plan; now therefore, be it Resolved, that the Town Board of the Town of Ithaca hereby adopts Local Law of 2025, entitled: A Local Law Deleting Ithaca Town Code Chapter 144, Titled “Energy Code Supplement,” and replacing it with a new Chapter 144, Titled “Energy Code Supplement,” and be it further Resolved, that the Town Clerk is hereby authorized and directed to file the local laws with the Secretary of State as required by law. Moved: Seconded: Vote: 1 TOWN OF ITHACA LOCAL LAW NO. ___ OF THE YEAR 2025 A LOCAL LAW DELETING ITHACA TOWN CODE CHAPTER 144, TITLED “ENERGY CODE SUPPLEMENT,” AND REPLACING IT WITH A NEW CHAPTER 144, TITLED “ENERGY CODE SUPPLEMENT” Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 144 (Energy Code Supplement) of the Town of Ithaca Code is amended by deleting Chapter 144 and replacing it with the following new Chapter 144 (Energy Code Supplement): “§ 144-1. Title, Purpose, and Findings. 144-101. Title, purpose and objectives. 144-101.1. Title. This Chapter 144 of the Code of the Town of Ithaca shall be known as the "Energy Code Supplement" (ECS). 144-101.2. Purpose. The purpose of this chapter is to promote the public health, safety, and general welfare by establishing a local energy code supplement for construction of all new buildings, with requirements above and beyond the state energy code that will become more stringent over time. 144-101.3. Objectives. The objectives of this chapter are to: (1) deliver measurable, immediate, and long- lasting reductions in greenhouse gas (GHG) emissions from all new buildings; (2) advance best practices in the design of affordable buildings that deliver reduced GHG emissions; and (3) provide a rapid but orderly transition to buildings that do not use fossil fuels on-site for major building energy needs, such as space heating and hot water heating, by 2026. 144-102. Findings. 144-102.1. Findings of fact. The Town of Ithaca Town Board finds that: A. Climate change is causing an increase in extreme weather events, such as storms, flooding, and heat waves that threaten human life, healthy communities, and critical infrastructure in the Town, New York State, and across the world. B. There is a clear emerging international consensus that to avoid the most severe impacts of a changing climate, global warming should be limited to 1.5° C. C. GHG emissions related to human activity are the main cause of global warming. Buildings within the Town of Ithaca are the most significant contributor to local GHG emissions, responsible for more than half of all community GHG emissions. D. The Town Board unanimously adopted the Town's Green New Deal on March 23, 2020, which sets forth a goal to achieve an equitable transition to carbon-neutrality community-wide by 2030. E. New York State, through its Climate Leadership and Community Protection Act, has set ambitious goals to combat climate change through GHG reduction. State goals are in line with many of the objectives of the Energy Code Supplement, including reducing emissions in buildings, electrifying space heating, water heating, and cooking systems, increasing the use of renewable energy, and reducing the use of fossil fuels. F. The combustion of fossil fuels in homes and other buildings decreases internal air quality and 2 has adverse impacts on human health. G. For new buildings, the most affordable and cost-effective time to reduce greenhouse gas emissions is during the design and construction phases of a project, rather than at a time of later retrofit. § 144-2. Scope and Application. 144-201. 144-201.1. Pursuant to § 11-109 of the New York State Energy Law, and subject to the provisions and requirements of that section, the Town of Ithaca has the power to promulgate a local energy conservation construction code that is more stringent than the Energy Conservation Construction Code of New York State (ECCCNYS). 144-201.2. This ECS provides requirements and standards that are in addition to, and shall supplement, the requirements and standards set forth in the ECCCNYS and in Chapter 125, Building Construction and Fire Prevention, of the Code of the Town of Ithaca. If a requirement of the ECS is less stringent than that of the ECCCNYS in effect at the time of application for a building permit, then the more stringent ECCCNYS requirement shall take precedence. The ECS shall be followed to the greatest extent possible while meeting any more stringent requirements of the ECCCNYS. The plans, specifications, and other materials required by the Code Enforcement Officer relating to the ECS- related components of the building, structure, and/or property shall be submitted to the Code Enforcement Officer in conjunction with an application for a building permit pursuant to said Chapter 125 and pursuant to Chapter 270, Zoning, of the Code of the Town of Ithaca. 144-201.3. The Town shall enforce this chapter in addition to the Town's enforcement of the ECCCNYS. Chapter 125, Building Construction and Fire Prevention, of the Code of the Town of Ithaca sets forth the method for administration and enforcement of the ECS and establishes powers, duties and responsibilities in connection therewith, including penalties and other remedies for violations of the ECS. 144-201.4. Except as specified in this chapter, this chapter shall not be used to require the removal, alteration or abandonment of, nor prevent the continued use and maintenance of, an existing building or building system lawfully in existence at the time of adoption of this chapter. 144-202. Applicability. 144-202.1. Applicability. A. Beginning on January 1, 2026, the requirements of this Energy Code Supplement shall apply to construction of the following new buildings: 1. Commercial building. 2. Residential building. B. Exceptions to 144-202.1, Applicability. 1. The requirements of the ECS shall not apply to the following: a. A manufactured home. b. An agricultural building. c. A building or part of a building that is used as critical infrastructure. d. A building or part of a building that is used as a hospital or other medical facility. 3 e. A building or part of a building used for generation of emergency back-up power or standby power. 2. The requirements of the ECS shall not apply to construction that does not include conditioned space. 3. The requirements of the ECS shall not apply to construction for which all necessary building permits have been issued prior to January 1, 2026. Such construction shall comply with the version of the ECS (if any) that was in effect at the time of issuance of all necessary building permits. 4. The requirements of the ECS shall not apply to construction for which completed applications for all necessary building permits have been submitted prior to January 1, 2026, if such applications are diligently prosecuted to conclusion. Such construction shall comply with the version of the ECS (if any) that was in effect at the time of submission of completed applications for all necessary building permits. a. For the purposes of this subsection only, a building permit application shall be deemed "completed" if all other necessary approvals, including but not limited to site plan, subdivision, special approval, special permit, and variance have been received prior to January 1, 2026, and if the building permit application contains all required information, materials, and fees normally and reasonably required by the Code Enforcement Officer to commence their building permit review process. b. A building permit application shall be deemed "diligently prosecuted to conclusion" if the applicant promptly responds to any inquiries and promptly supplies any additional information reasonably required by the Code Enforcement Officer, and the applicant otherwise cooperates so as to permit and enable the Code Enforcement Officer to adequately and completely review the application and render a decision on same within a reasonable period of time of its submission, and in any event within three months of its submission. 144-202.2. Emissions and fuels. All buildings shall be built to have net-zero GHG emissions and shall not use fossil fuels. 144-202.3. Applicable New York State Energy Conservation Construction Code appendices. A. The Town adopts, and commercial buildings shall meet, all provisions of New York State Energy Conservation Construction Code Appendix CC, as modified by the Town below. Appendix CC is provided in the adopted version of the ECCCNYS and can be found at the following link: (free viewing at: https://codes.iccsafe.org/codes/united-states/new-york or purchased at: https://shop.iccsafe.org/custom-codes/state-codes/new-york.html). B. The Town adopts, and residential buildings shall meet, the provisions of New York State Energy Conservation Construction Code Appendix RC, as modified by the Town below. Appendix RC is provided in the adopted version of the ECCCNYS and can be found at the following link: (free viewing at: https://codes.iccsafe.org/codes/united-states/new-york or purchased at: https://shop.iccsafe.org/custom-codes/state-codes/new-york.html). C. The Town modifies Appendix CC Section CC103.1’s reference to Section C405.13.1 (Electrical energy metering) so that it refers instead to Section C405.15.1 (On-site renewable energy systems). D. The Town modifies Appendix CC and Appendix RC by replacing all occurrences of the term “International Energy Conservation Code” with the term “Energy Conservation Construction Code of New York State.” 4 § 144-3. Definitions. 144-301. General. 144-301.1. Terms defined in other codes. Where terms are not defined in this code and are defined in the Energy Conservation Construction Code of New York State, such terms shall have the meanings ascribed to them as in that code. Where terms are not defined in this code and are defined in a New York State code other than the Energy Conservation Construction Code, and the applicable code is specifically referenced in relation to the terms, such term shall have the meanings ascribed to them in relation to the referenced code. 144-302. General definitions. As used in this chapter, the following terms shall have the meanings indicated: ECS — The Energy Code Supplement, which is Chapter 144 of the Ithaca Town Code. FOSSIL FUELS — An energy source formed in the Earth's crust from decayed organic material. The common fossil fuels are petroleum, coal, and natural gas. For purposes of this ECS, fossil fuels shall also include common extracts, derivatives, and products of fossil fuels, including but not limited to propane, kerosene, and gasoline. GREENHOUSE GAS (GHG) — Any of several gases, including carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), and fluorinated gases, that trap heat in the atmosphere. TOWN — The Town of Ithaca. ZONING BOARD OF APPEALS — The Town of Ithaca Zoning Board of Appeals. § 144-4. Compliance Documentation and Variances. 144-401. Compliance documentation. 144-401.1. 144-401.1.1 A green building compliance checklist shall be submitted to the Town to identify how the proposed construction will comply with the applicable provisions of the ECS. The checklist shall be submitted with the construction documents, prior to the Building Department issuing the building permit. For projects that require planning review, a preliminary green building checklist shall be submitted at the planning review phase, indicating which green compliance methods are proposed/planned. 144-401.1.2. Compliance documents are available from the Town of Ithaca website and from the Town Code Enforcement Department. 144-402. Variances. 144-402.1. 144-402.1.1. Any person aggrieved by an order, interpretation, or decision of a Code Enforcement Officer concerning the application or requirements of the provisions of this chapter may take an appeal to the Zoning Board of Appeals. 144-402.1.2. An application for an interpretation or variance shall be submitted to the Building and Code Enforcement Department in a form substantially indicating the name and owner of the real property, the nature of the condition for which an interpretation or variance waiver is sought, and the reasons for which an interpretation or variance is sought. 144-402.1.3. The applicant shall pay the Town the same fee as that set from time to time by Town Board resolution for appeals to the Zoning Board of Appeals for area variances from zoning requirements. 5 144-402.1.4. The Zoning Board of Appeals shall, in accordance with the provisions of this chapter, review any order, interpretation, or decision (including refusals of a building permit or certificate of occupancy or certificate of compliance) of said Code Enforcement Officer where such order, interpretation, or decision is based upon the requirements of this chapter. 144-402.1.5. The Zoning Board of Appeals, in hearing an appeal from the order, interpretation, or decision of the Code Enforcement Officer, shall have the power to make its own interpretation (where an interpretation is requested), and to grant variances from the standards and requirements of this chapter. Any standard or requirement of this chapter may be varied, in whole or part, with regard to specific construction upon application made by or on behalf of an owner, where the applicant meets its burden of demonstrating strict compliance with such standard or requirement would entail practical difficulty or cause any unnecessary hardship in relation to such construction; provided, however, that any such variance shall provide for alternative energy conservation standards or requirements to achieve, to the extent practicable, the purpose of this chapter to reduce greenhouse gas emissions. 144-402.1.6. In determining whether to grant a variance from a standard or requirement of this chapter, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the community that would result by such grant. In making such determination, the Zoning Board of Appeals shall also consider and make findings on the following: A. Whether the benefits sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than a variance; B. Whether the applicant has proposed to implement other energy or construction options, in place of the standard or requirement that is the subject of the variance request, that will result in the least amount practicable of additional greenhouse gas emissions. C. Whether the variance request will result in a substantial amount of greenhouse gas emissions if the request is granted. D. Whether the variance request is unique to the building, project, or site and does not apply to a substantial portion of the neighborhood or community. E. Whether the requested variance is the minimum necessary. F. Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Zoning Board of Appeals but shall not necessarily preclude the granting of the variance. 144-402.1.7. If the Zoning Board of Appeals grants a variance, it shall grant the minimum variance necessary, condition such grant on the imposition of alternative energy conservation standards or requirements to achieve to the extent practicable the purpose of this chapter to reduce greenhouse gas emissions, and impose other conditions as such Board may reasonably determine necessary to mitigate the consequences of the grant of the variance. 144-402.1.8. The procedures relating to variances in Chapter 270, Zoning, of the Town of Ithaca Code, and the procedures set forth in New York Town Law § 267-a(5) through (9) and (11) through (13) shall apply, except to the extent expressly provided otherwise herein or superseded hereby. Those subsections contain procedures and requirements for the filing of administrative decisions; the time for appeal to the Zoning Board of Appeals; stays upon appeal; hearings of appeals; time, filing and notice of Zoning Board of Appeals decisions; compliance with the New York State Environmental Quality Review Act; rehearings; and voting requirements. In addition to publication of the public hearing notice, the Zoning Board of Appeals notice of the application shall also be given to all landowners owning property adjoining the property for 6 which an interpretation or variance is sought. The Zoning Board of Appeals notice shall also be posted on the property in accordance with the posting provisions of § 270-237 of the Town of Ithaca Code. To the extent a procedure is not provided herein, the Zoning Board of Appeals may administratively adopt procedures that are approved by the Town Board and published in the official minutes of the Town Board of the Town of Ithaca. 144-402.1.9. The actions and determinations of the Town of Ithaca, the Zoning Board of Appeals, the Town Board, and the Code Enforcement Officer, as referenced in this chapter, shall be deemed final determinations for purposes of Article 78 of the New York Civil Practice Laws and Rules (CPLR). Notwithstanding this, standing under said Article 78 of the CPLR shall only be appropriate after the exhaustion of any administrative reviews and/or appeals as provided for in this chapter. 144-402.1.10. Unless work has commenced in accordance with the variance granted by the Zoning Board of Appeals within one year from the issuance of the building permit authorizing such work, or within 18 months of the granting of such variance, whichever is earlier, not only the building permit but the variance shall expire and the construction on the property shall revert to those ECS standards and requirements in effect at the time of variance expiration. 144-402.1.11. If the building permit expires, the variance shall also expire at the same time.” 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 on January 1, 2026. Item 6 MEETING OF THE ITHACA TOWN BOARD November 10, 2025 TB Resolution 2025 - : Approval of a Revocable License Agreement with Cornell University regarding portions of Pine Tree Road Walkway Resolved that the Town Board approves and authorizes the Town Supervisor to execute a Revocable License Agreement with Cornell University regarding portions of the Pine Tree Road Walkway as submitted. Moved: Seconded: Vote: 1 Revocable License Agreement This License Agreement, effective as of ______________, 2025, is by and between Cornell University, c/o Real Estate Department, Box DH-Real Estate, Ithaca, NY 14853 hereinafter referred to as “Cornell”, and the Town of Ithaca, 215 N. Tioga Street, Ithaca, New York 14850, hereinafter referred to as “Town”. WHEREAS, Cornell is the owner of certain parcels of land identified as tax parcel numbers 61.-1-1, 61.-1- 19, and 61.-1-20 located on Pine Tree Road, all in the Town of Ithaca, Tompkins County, New York (the “Premises”). WHEREAS, the Town desires to continue to maintain, repair, and remove snow and ice from an existing asphalt pedestrian sidewalk known as the Pine Tree Road walkway, which was previously constructed across the Premises by Tompkins County in the early 1990s using funds from Cornell and the Town (the “Walkway”) as more particularly shown as an existing asphalt walk along said parcels on the map entitled “Sketch Map – Pine Tree Road Walkway” drawn by T.G. Miller P.C., dated January 30, 2024, attached hereto as Exhibit A. WHEREAS, while in the past the Town has repaired the Walkway asphalt surface and removed snow and ice from it, neither Cornell nor the Town has been able to locate an easement, license or other agreement between them regarding these Town actions on the Walkway. NOW, THEREFORE, in consideration of the mutual promises and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Authorized Activities. Cornell hereby grants the Town a License to use and access the Walkway as follows: a. Conduct maintenance, repair, and replacement of the asphalt constituting the Walkway, and remove snow and ice from the Walkway, including rights of free ingress and egress in, over, across, and upon the Premises for these purposes. b. Trim trees, shrubs and other obstructions in, on or over the Walkway, and remove hazardous or invasive trees and shrubs in, on or over the Walkway with Cornell’s written consent. c. The Town, its successors, assigns, employees, agents, and the public may use and enjoy the Walkway for non-motorized activities such as, but not limited to, walking, hiking, jogging, running, skiing, snowshoeing, non-motorized bicycling, bird watching and nature study (the “Permitted Activities”). 2. Term. The term of this License is for one year, commencing on the effective date of this License. The License shall be automatically renewed for additional one-year terms unless terminated by mutual agreement or pursuant to the terms of this License. 3. License Fee. There is no fee for this License. 4. Maintenance, Condition, and Operation. a. Cornell agrees that no buildings, structures, trees or plants shall be constructed, installed, placed, or maintained within the Premises that interfere with complete access to or the 2 use of the Premises by the Town, its successors, assigns, employees or agents, or the public, as described herein. b. Cornell agrees it will not engage in any conduct, directly or indirectly, that blocks, obstructs, or interferes with the Permitted Activities, provided however that Cornell may, upon notice to the Town, temporarily close the Walkway as needed in its sole discretion if conditions exist that render the Walkway unsafe. Such closure shall last only until the unsafe conditions are remedied. c. The Town agrees that no structures or improvements, whether permanent or temporary, shall be erected on any portion of the Premises or Walkway without prior written permission from Cornell in each instance. d. If Cornell damages the Walkway, Cornell agrees at its expense to promptly repair the Walkway damage. If a stormwater or drainage pipe Cornell owns or operates (including pipes that drain the pastureland immediately to the east of the Walkway) causes damage to the Walkway, Cornell will at its expense both promptly repair the Walkway damage and carry out all steps to assure Cornell’s pipe ceases to cause such damage. e. The Town agrees to maintain the Walkway asphalt surface in safe condition, free from hazards (including the timely removal of ice and snow), debris, and refuse. Except for any damage to the Walkway caused by Cornell, the Town shall be responsible for all expenditures of labor and materials and other expenses to maintain and repair the asphalt surface, and to remove snow and ice from the Walkway. While this License Agreement is in effect, the Town agrees that it will not direct Cornell, pursuant to New York State Town Law § 200-a, Town of Ithaca Code §§ 230-7 or 230-8, or any other authority, to maintain or repair the Walkway asphalt surface or to remove snow or ice therefrom, nor will the Town bill Cornell for the cost of any such work performed by the Town. The preceding sentence shall not apply to maintenance or repair necessitated by damage to the Walkway caused by Cornell. f. Should the Town need or desire to replace or reconstruct the Walkway, such replacement or reconstruction shall maintain the Walkway’s current location and materials (i.e., asphalt). g. The Town, at its own expense, will promptly repair any damage to the Walkway asphalt surface or the Premises caused by its representatives, agents or invitees. h. The Town shall not permit any liens arising in connection with this Agreement to remain attached to the Premises for more than ten (10) days after receipt of written notice thereof. i. Use of the Walkway and Premises by the Town and its invitees is at the Town’s sole risk and sole expense. 5. Compliance with Law and Cornell Policies. The Town shall comply (and shall require Town’s contractors, agents, and invitees to comply) with (1) all applicable federal, state, and local laws, statutes, rules, regulations, ordinances, or policies in conducting the Permitted Activities; and (2) any applicable Cornell policies or health and safety guidelines relating to the use of the Walkway, 3 to the extent such policies and guidelines are consistent with the terms of this License Agreement and the Town is provided with advance notice of any such policies or guidelines. 6. Permits. The Town shall obtain (or cause to be obtained) all permits, consents, approvals and/or licenses required for the performance of the Permitted Activities. 7. Assumption of Risk. a. The Town accepts the Walkway in “as is” condition and hereby assumes any and all risks associated with the Permitted Activities to be conducted by the Town, Town’s contractors, and invitees on the Property. Cornell makes no representations or warranties regarding the suitability of the Property for the Town’s use and shall not be required to perform any work on the Premises or alter its operation thereof to facilitate the Town’s use. The preceding sentence shall not apply to damage to the Walkway caused by Cornell. b. Cornell maintains no security measure on the Premises and shall not be responsible for any trespass, theft, vandalism, criminal activity, loss or damage that may occur at the Premises. 8. Indemnification and Limitation of Liability. To the maximum extent permitted by law, the Town shall indemnify Cornell, its trustees, officers, employees, contractors and agents (collectively, “Cornell Indemnitees”) against and will hold them harmless from any claim, demand, action, suit, liability, injury (including death), loss, damage, or judgment (collectively, “Cornell Claims”) that may arise or result in whole or in part from the use or occupancy of the Premises/Walkway area by the Town, its contractors, agents, invitees, or from the Town’s breach of this Agreement, including (without limitation) reasonable investigatory and legal costs and third party claims, except to the extent that any such Cornell Claims directly arise from the negligence or willful misconduct of the Cornell Indemnitees. To the maximum extent permitted by law, Cornell shall indemnify the Town, its elected officials, public officers, employees, contractors and agents (collectively, “Town Indemnitees”) against and will hold them harmless from any claim, demand, action, suit, liability, injury (including death), loss, damage, or judgment (collectively, “Town Claims”) that may arise or result in whole or in part from Cornell’s obligations under this License Agreement, whether performed by Cornell, its contractors, agents, or invitees, or from Cornell’s breach of this Agreement, including (without limitation) reasonable investigatory and legal costs and third party claims, except to the extent that any such Town Claims directly arise from the negligence or willful misconduct of the Town Indemnitees. Notwithstanding anything to the contrary set forth in this Agreement, neither party shall be liable to the other party for any special, indirect or consequential losses or damages, for lost revenues or lost profits, or for any other special, incidental, punitive, exemplary or similar damages, in each case arising out of, relating to or resulting from (a) an actual or alleged default or breach of this Agreement, or (b) the Permitted Activities, in each case even if the other party has been advised of the possibility of such damages, and each party hereby expressly releases each other party therefrom. This Section 8 shall survive any termination of this Agreement for so long as any potential liabilities or causes of action related to the parties’ activities, obligations or those of the parties’ contractors, agents or invitees are legally cognizable in any court of law. 4 9. Termination. The License shall remain in effect unless and until this License Agreement terminates. Either party may terminate this License Agreement upon sixty (60) days advance written notice to the other party. Either party may terminate this Agreement immediately if the other party breaches any provision hereunder and fails to cure such breach within thirty (30) days of the breaching party’s receipt of written notice thereof. 10. Insurance. The Town shall maintain, and shall require any of its contractors to maintain, the following minimum insurance coverages insuring all services, work activities and contractual obligations prior to any entry on or use of the Premises: a. Statutory Worker's Compensation Insurance under the laws of the State of New York and any other laws that may be applicable thereto. Coverage "B" Employers Liability must have limits of at least $1,000,000, on behalf of, or with regards to, all employees involved in the Town’s operations under this Agreement. Such insurance shall provide a Waiver of Subrogation in favor of Licensor. b. Commercial General Liability Insurance subject to at least limits of $1,000,000 each occurrence and $2,000,000 aggregate. Coverage must be provided for Bodily Injury Liability, Broad Form Premises Damage Liability, Contractual Liability and Products- Completed Operations. Coverage shall be at least as broad as that provided by the edition of Insurance Services Office ("ISO") Form CG 0001 in effect as of date hereof, shall contain no exclusions other than as required by law or as approved by Cornell. Completed Operations coverage is to be maintained for a minimum period of three (3) years after completion of the Activities. If any excavation work is included in the project, the liability policy shall not contain an exclusion for XCU (Explosion, Collapse and Underground) coverage. c. Business Automobile Liability Insurance Automobile Liability Insurance subject to limits of not less than $1,000,000 combined single limit for each accident. Such Automobile Liability Insurance shall be for all owned, non-owned, and hired automobiles. d. Umbrella/Excess Liability Insurance subject to limits of not less than $7,000,000 per occurrence and follow-form of the primary Commercial General Liability, Business Automobile Liability insurance, and Employers Liability policies. These policies shall contain an endorsement stating that any entity qualifying as an additional insured on the insurance stated in the Schedule of Underlying Insurance shall be an Additional Insured on the Umbrella/Excess liability policy and that they apply immediately upon exhaustion of the insurance stated in the Schedule of Underlying Insurance as respects to the coverage afforded to any Additional Insured. Additional Insurance Requirements e. The Town must provide certificate(s) of insurance evidencing the required insurance coverage and naming Cornell, its trustees, officers, directors, agents, representatives and employees, as additional insured. 5 f. The Town’s insurance shall be primary insurance and shall not be considered contributory insurance with any insurance policies of Cornell. Each policy required by this contract shall not be suspended, voided, or canceled except after thirty (30) days prior written notice has been given to Cornell, except when cancellation is for nonpayment of premium, then ten (10) days prior notice may be given. g. The Town shall require that all contractors and subcontractors engaged to perform services under this Agreement maintain insurance coverage, including limits and endorsements appropriate and adequate for the nature of the services provided. Such contractors and subcontractors must provide Cornell with a Certificate of Insurance, naming Cornell as an additional insured prior to the commencement of any work on the property. h. The Town, its contractors and their respective insurance carriers shall waive all rights of recovery and subrogation against all Additional Insureds for injury or damage arising out of the Town’s ongoing operations including coverage within the “products and completed operations hazard.” All insurances required without exception to be endorsed to allow for such waiver of subrogation. i. Neither the Town nor its contractors shall do or permit anything to be done that would invalidate the insurance policies required herein. j. The Insurance requirements herein are minimum amounts and shall not limit or relieve the Town or its contractors of any liability under this Agreement, nor shall it preclude Cornell from exercising any rights or taking such other actions as are available to it under any other provisions of this Agreement or the law. k. Any modification or variation from the insurance requirements in this Agreement shall be made by the Cornell Risk Management Department and/or Cornell Counsel, whose decision shall be final. Such action will not require a formal contract amendment but may be made by administrative action. Cornell reserves the right to approve the security of the insurance coverages provided by the insurance company terms, conditions, and the Certificate of Insurance. Failure of the Town or its contractors to fully comply with these requirements during the term of the Agreement will be considered a material breach of contract. l. All insurance policies required to be carried hereunder shall be issued by an insurance carrier(s) authorized to do business in the State of New York with a minimum Best’s rating of "A- VII" or better, or with carriers that are acceptable to Cornell, in its sole discretion. m. Certificates of Insurance in favor of the Additional Insureds shall be given to Cornell as evidence of such continuous insurance coverages within five (5) business days after execution of the Agreement or prior to performing work or services whichever is sooner and no less than annually thereafter. 11. Notice. Except as expressly provided herein, notice, request or other communication given or made hereunder (“Notice”) shall be in writing and sent by any of the parties or their respective attorneys by any of the following means: (i) by registered or certified mail, return receipt 6 requested, postage prepaid, (ii) by personal delivery, (iii) by recognized overnight delivery service or (iv) by e-mail, with prompt confirmation by one of the previous authorized means of notice. Any such Notice shall be addressed to the other party at the addresses or email addresses set forth below, or to such other address or addresses or email address for each party as each party shall hereafter designate by Notice given to the other parties pursuant to this Section. To the Town: Rod Howe, Supervisor Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 rhowe@townithacany.gov With a copy to: Ithaca Town Clerk Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 clerks@townithacany.gov To Cornell: Jeremy Thomas, Associate Vice President, Asset Management Cornell Real Estate Department Box DH-Real Estate Ithaca, NY 14853 Jt675@cornell.edu With a copy to: Office of General Counsel Cornell University 118 Sage Place Sage House Ithaca NY 14850 counsel@cornell.edu 12. Miscellaneous. a. For the purposes of any of the provisions of this Agreement, neither Cornell nor the Town shall be considered in breach of or in default of its obligations hereunder in the event of any delay in the performance of such obligations due to causes beyond the control of, and without the fault or negligence of, such party, including without limitation acts of God, acts of the public enemy, acts of war or terrorism, acts of the federal government, 7 fires, floods, epidemics, pandemics, quarantine restrictions, strikes, freight embargoes, severe or inclement weather, shortages in labor, supplies or materials, or delays due to such causes; it being the purpose and intent of this Section that in the event of the occurrence of any such delay, the time or times for performance of the obligations of the party suffering such delay hereunder shall be extended for the period of the delay. b. This License Agreement is binding upon the parties, and their respective representatives. This Agreement may not be transferred or assigned without the prior written consent of Licensor. c. The Town acknowledges that its use of the Premises is subject to the terms of this Agreement, and such use shall not be the basis for any possessory claim to the Premises, whether of adverse possession, lease, or otherwise. This Agreement creates only a licensor-licensee relationship between the parties, and no other legal relationship. d. Each party represents and warrants that it has full power and authority to enter into this Agreement and to be bound by its terms, and that its signatory is authorized to sign on its behalf. e. This Agreement may be executed in counterpart signatures, each of which shall be deemed an original, and all of which, when taken together, shall constitute a single, fully executed Agreement. Signatures of the parties delivered by e-mail or other electronic or digital means shall be deemed to constitute original signatures, and digital copies of this Agreement shall be deemed to constitute duplicate originals. f. A delay or failure by either party to exercise any rights under this Agreement will not constitute a waiver of that or any other future right. g. This License Agreement is made in New York, and it shall be construed under the laws of the State of New York without regard to, or the application of, New York State’s choice of law provisions. Both parties consent that if any action is brought to enforce this License Agreement, it shall be brought only in an appropriate court in Tompkins County, New York, and both parties consent to the jurisdiction of such court. h. This License Agreement constitutes the entire agreement between the parties and supersedes any and all prior written or oral agreements, negotiations or understandings existing between the parties. This License Agreement may be amended only by a written document signed by each party. i. Except as expressly provided in this License Agreement, this License Agreement is intended solely for the benefit of the parties hereto and is not intended to confer any benefits upon, or create any rights in favor of, any person or entity other than the parties hereto. j. Nothing in this License Agreement shall be deemed to dispense with the requirement of advance written notice from third parties to the Town of a defect in the Walkway or the existence of snow or ice thereon, or with the requirement that the Town have the opportunity to repair or remove the same within a reasonable time after receipt of such 8 notice, as set forth in New York State Town Law § 65-a and Town Code Chapter 188, Notification of Defects, as conditions precedent to liability to third parties. k. Nothing in this License Agreement shall be deemed to abrogate or diminish the protections against third party claims, actions, suits and the like that New York State General Obligations Law § 9-103 provides to owners and occupants of real property. l. The parties have executed this License Agreement on the day(s) and year set forth below. CORNELL UNIVERSITY TOWN OF ITHACA By: ______________________ By: _______________________ Jeremy Thomas Rod Howe Associate Vice President, Asset Management Supervisor Date: _______________________ Date: _______________________ EXHIBIT A DEPARTMENT OF PLANNING 215 N. Tioga Street, Ithaca NY 14850 607-273-1747 www.townithacany.gov 1 TO: TOWN BOARD MEMBERS FROM: MICHAEL SMITH, SENIOR PLANNER DATE: DECEMBER 2, 2025 RE: DEER MANAGEMENT PROGRAM - AUTHORIZATION TO SUBMIT DEER DAMAGE PERMIT APPLICATION - AUTHORIZATION TO SIGN LICENSE AGREEMENT WITH THE CITY OF ITHACA - VARIANCE TO USE CULVER RD PRESERVE, GLENSIDE PRESERVE, AND PINE TREE WILDLIFE PRESERVE Please find attached materials related to the authorization to submit a new Deer Damage Permit (DDP) application to NYS Department of Environmental Conservation (NYSDEC). As you know, in February 2019 the Town Board established the Town of Ithaca’s Deer Management Program, made the SEQR determination, and authorized the first DDP application. The DDP allows taking deer of either sex using archery, crossbows or firearms, with shooting over bait throughout a 24-hour period. The new DDP application is requesting to start implementing the program at eight locations on February 1, 2026 and continue through March 31, 2026. The DDP would allow taking deer of either sex using archery, crossbows or firearms, with shooting over bait throughout a 24-hour period. The eight locations are focused around the Six Mile Creek area and on West Hill around the Coy Glen area. The only change in sites from last year involves removing one property on Coddington Road that has been used for several years and adding back in a property on Coy Glen Roadthat was last used in 2022. As in the past, three of these locations are located on property owned and managed by the City of Ithaca (Six Mile Creek area). There is an additional resolution attached authorizing signing a new license agreement with the City. We also plan to continue to use the Town’s Culver Road Preserve, Glenside Preserve, and Pine Tree Wildlife Preserve as locations this year. There is an additional resolution attached for a variance for the temporary deer management program use in these three Town preserves. The variance request resolution also includes a request to continue to allow participants to access and carry the archery equipment on the East Ithaca Nature Preserve, as it adjacent to the Pine Tree Wildlife Preserve. No baiting or shooting would occur on this preserve, but it would allow the participants to retrieve deer and provide access if necessary. In addition to the eight locations listed under the Town DDP application, we are also planning to continue to share a site with the Cornell Botanic Gardens. They plan to continue to use a site on South Hill that they own, with Town assistance. They will include that site under their DDP permit and manage the location, and the Town will provide the corn and other necessary equipment. Listed below are the various documents that are attached which provide additional details about the program and current DDP application. Attached: • Draft resolution to authorize a new DDP application for 2026 • Draft resolution to authorize signing a license agreement with the City of Ithaca • Draft variance resolution to use Culver Road Preserve, Glenside Preserve and Pine Tree Wildlife Preserve • Town of Ithaca - Deer Management Program Proposal • NYSDEC Deer Damage Permit application form • Attachment to the DDP: “Justification for use of Deer Damage Permits” • NYSDEC Deer Damage Permit Application – Parcels where Activities will Occur Map The table below shows the locations used and number of deer killed over the past five years. Properties and Deer Killed in the Town of Ithaca X = property not used Please let me know if you have any questions prior to the December 8th meeting. Tax Parcel / Location # Deer Killed 2021 # Deer Killed 2022 # Deer Killed 2023 # Deer Killed 2024 # Deer Killed 2025 28.-2-6.302 (Mecklenburg Rd) 1 X X X X 55.-1-1 (City – Coddington) 0 X X X X 55.-1-1 (City – Juniper) 9 6 2 0 4 31.-1-3.12 (Coy Glen Rd) 2 12 X X X 55.-1-1 (City – Slaterville) 5 4 0 0 2 35.-1-5.1 (FLLT - Sweedler Preserve) 1 0 0 X X 24.-4-14.25 (Conifer – Overlook) 1 3 1 X X 27.-1-13.122 (Conifer – Linderman) 5 5 X X X 51.-1-3.1 (Coddington Rd) 18 7 9 0 2 31.-1-14.2 (Town - Culver Preserve) X 2 0 0 3 55.-1-1 (City – Penny) X 1 X X X 31.-4-4.12 (Fidler Rd) X X 0 X X 30.-1-1.3 (Town - Glenside Preserve) X X 4 6 2 55.-1-1 (City – Winners Cir) X X 1 2 4 56.-2-8 (Slaterville Rd) X X X 1 X 57.-1-11.13 (Town – Pine Tree Wildlife Preserve) X X X 1 1 31.-2-25.3 (Five Mile Dr) x x x x 0 Total 42 40 17 10 18 MEETING OF THE ITHACA TOWN BOARD Monday, December 8, 2025 TB Resolution 2025 - : Authorization to Submit a Deer Damage Permit Application to the NYS Department of Environmental Conservation for 2026 Whereas, in May 2017, the Town of Ithaca Conservation Board presented a report (titled “Deer Management: Recommended Actions for the Town of Ithaca”) to the Ithaca Town Board regarding the overabundance of White-tailed deer in the Town of Ithaca; and Whereas, this report outlined the history and justification of deer management (health and human safety, ecological, agricultural losses, car-deer collisions, NYSDEC Deer Management Focus Area), provided a review of local deer management programs in Tompkins County (Village of Trumansburg, Cornell University, Village of Cayuga Heights, Village of Lansing), and provided recommendations for a potential Town of Ithaca deer management program (form sub- committee, utilize NYSDEC Deer Damage Permits for a Town program, measure impacts of deer to asses effectiveness of program, coordinate efforts with adjacent municipalities and Cornell University, etc.); and Whereas, in September 2017 the Ithaca Town Board established a Deer Management Committee which met several times in spring and summer 2018 and held a public meeting in May 2018 seeking feedback on the report and the potential of starting a deer management program, with the feedback received being very positive; and Whereas, pursuant to the New York State Environmental Quality Review Act (“SEQRA”) and its implementing regulations at 6 NYCRR Part 617, the establishment of this Deer Management Program and submission of annual Deer Damage Permit applications is an Unlisted Action for which the Town of Ithaca Town Board, acting as lead agency in an uncoordinated environmental review with respect to these actions, has, on February 11, 2019 , made a negative environmental determination of significance, after having reviewed and accepted as adequate a Short Environmental Assessment Form Parts 1, 2 and 3; and Whereas, the Town has previously applied for and received Deer Damage Permits from NYSDEC (2019 – 3 locations and harvested 1 deer; 2020 – 6 locations and harvested 20 deer; 2021 – 9 locations and harvested 42 deer; 2022 – 9 locations and harvested 40 deer; 2023 - 9 locations and harvested 17 deer; 2024 – 8 locations and harvested 10 deer; 2025 - 8 locations and harvested 18 deer); Now, therefore, be it Resolved, that the Supervisor of the Town of Ithaca, is hereby authorized and directed to file a new Deer Damage Permit application with NYS Department of Environmental Conservation for activities in 2026, including any associated future documents, forms, or reports. Moved: Seconded: Vote: MEETING OF THE ITHACA TOWN BOARD Monday, December 8, 2025 TB Resolution 2025 - : Authorization to Sign a License Agreement with the City of Ithaca for use of the Six Mile Creek Natural Area Property as part of the Town’s Deer Management Program for 2026 Whereas, the Town of Ithaca will be applying for a Deer Damage Permit from NYS Department of Environmental Conservation for deer culling in 2026; and Whereas, Town of Ithaca and City of Ithaca staff have identified three locations on City of Ithaca owned lands in the Six Mile Creek Natural Area for the deer program; and Whereas, the City of Ithaca has participated in the program the past six years and wish to continue with using three locations on City of Ithaca owned lands in 2026; and Whereas, a “Revocable License to Authorize Town Use of Six Mile Creek Natural Area Property” has been prepared; Now, therefore, be it Resolved, that the Supervisor of the Town of Ithaca, is hereby authorized and directed to negotiate and sign an agreement with the City of Ithaca for use of the Six Mile Creek Natural Area as part of the Town’s deer management program for 2026. Moved: Seconded: Vote: MEETING OF THE ITHACA TOWN BOARD Monday, December 8, 2025 TB Resolution 2025 - : Granting a variance from the Town of Ithaca Code, Chapter 200 “Parks & Recreation Areas” to allow Culver Road Preserve, Glenside Preserve, and Pine Tree Wildlife Preserve to be used in the Town’s 2026 Deer Management Program Whereas, the Town of Ithaca Deer Management Program is requesting a variance from Town Code Sections 200-3.A and 200-5.E to allow the Town Deer Management Program to operate a bait/culling site on the Culver Road Preserve (Tax Parcel No.’s 31.-1-14.2, 31.-1-14.4, and 32.-1- 7), the Glenside Preserve (Tax Parcel No. 30.-1-1.3), and the Pine Tree Wildlife Preserve (Tax Parcel No. 57.-1-11.13), which, if granted, would permit participants to be on the three Preserves during normally closed hours and to possess and discharge firearms and/or archery equipment (compound bow or crossbow), and Whereas, the Town of Ithaca Deer Management Program is requesting a variance from Town Code Sections 200-3.A and 200-5.E to allow the Town Deer Management Program to park and access East Ithaca Nature Preserve (Tax Parcel No. 57.-1-11.12), which, if granted, would permit participants to be on the property during normally closed hours and to possess archery equipment (compound bow or crossbow), and Whereas, the Town’s Deer Management Program has been operating for the past seven years on private property and City and Town of Ithaca owned properties throughout the Town of Ithaca, and Whereas, a variance was granted by the Town Board to use the Culver Road Preserve in 2022- 2025, the Glenside Preserve in 2023-2025, and the Pine Tree Wildlife Preserve in 2024-2025 for the deer management program, and Whereas, the Town’s Culver Road Preserve (155 acres in total, 96 acres in the three tax parcels listed above), Glenside Preserve (7 acres) and Pine Tree Wildlife Preserve (14 acres) presents an opportunity for the town to support and actively participate in the deer management program for the many reasons described in the Conservation Board’s report, but especially the potential ecological benefits, and Whereas, the Town Board has discussed the request and determined that good cause exists for another time-limited variance, now therefore be it Resolved, that the Town Board grants a variance to the Town’s Deer Management Program from Town of Ithaca Code Sections 200-3.A “General Regulations” and 200-5.E “Prohibited Activities” to allow participants to be on the Culver Road Preserve, Glenside Preserve and Pine Tree Wildlife Preserve during normal closed hours (24 hours per day) and to allow participants to possess and discharge firearms and/or archery equipment as part of the Town Deer Management Program, and to allow participants to be on the East Ithaca Nature Preserve during normally closed hours (24 hours per day) and to allow participants to possess archery equipment as part of the Town’s Deer Management Program, with the following conditions: 1. Program participants must adhere to all DEC regulations related to culling activities contained in the Deer Damage Permit issued to the Town of Ithaca, and 2. This variance is valid February 1, 2026 through March 31, 2026, 1 hour prior to sunset through 1 hour after sunrise, and With the following findings: 1. The Town Board finds good cause to grant this variance. The benefit to the Town’s Deer Management Program outweighs the detriment that would result from strict enforcement of Chapter 200, and 2. The Culver Road Preserve is approximately 155 acres (96 acres in portion requested to be used), the Glenside Preserve is approximately 7 acres, and the Pine Tree Wildlife Preserve is approximately 14 acres, all with adequate space to operate a bait site, and 3. Using the Town owned Culver Road Preserve, Glenside Preserve, and Pine Tree Wildlife Preserve will support the Town’s Deer Management Program and will help to reduce deer browse on Town natural lands, and 4. Using the Town owned East Ithaca Nature Preserve will allow participants to retrieve deer if necessary and to access the adjacent properties being used in the program easier. Moved: Seconded: Vote: 1 REVOCABLE LICENSE TO AUTHORIZE TOWN USE OF SIX MILE CREEK NATURAL AREA PROPERTY THIS AGREEMENT, made this ____ day of December, 2025, by and between: ► The TOWN OF ITHACA, NEW YORK, a municipal corporation having offices at 215 North Tioga Street, Ithaca, New York 14850, (hereinafter referred to as “TOWN”), and ► The CITY OF ITHACA, NEW YORK, a municipal corporation having offices at 108 E. Green Street, Ithaca, New York (hereafter referred to as "CITY"), WITNESSETH THAT: WHEREAS, the CITY owns the Six Mile Creek Natural Area located in Town of Ithaca, tax map parcel no. 55.-1-1 (“Premises”); and WHEREAS, the TOWN requested permission to use the Premises in support of its Deer Management Program (“Program”); and WHEREAS, at its December 17, 2019 meeting, the CITY’s Board of Public Works authorized the execution of this License Agreement (“LICENSE”) allowing the above-described use subject to certain conditions; NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties hereto, for themselves, their heirs, executors, administrators, successors and assigns, do hereby covenant and agree as follows: 1. By this LICENSE, and in support of the above-described TOWN Program, the TOWN shall have the right to lawfully enter upon and to use the Premises to establish up to three designated archery locations, with the specific sites, participants, and conditions subject to approval by the City Forester. This LICENSE authorizes the following purposes and activities: permission to allow approved participants in the Program to enter upon the Premises for the purposes of bow hunting deer, placement and maintenance of bait stations and tree stands subject to approval by the City Forester, tracking and retrieving deer, and field dressing deer. The CITY maintains its right to enter upon the Premises for any purpose, including the purpose of inspection or to assess or remedy a dangerous or potentially dangerous condition. 2. The use by TOWN of the above-described property of the CITY does not constitute and shall never ripen into or become a right to use any portion of such property without the consent of the CITY, but is and shall continue to be only a use by sufferance of said property of the CITY, as evidenced by this duly executed and current LICENSE. In its sole discretion, CITY reserves the right to move or remove any fixtures or improvements within the Premises. 3. Subject to the provisions of Paragraph 4, below, the term of the LICENSE contained herein shall be for the period commencing upon the date of execution of this LICENSE and expiring on April 15, 2026. 4. Notwithstanding any other provisions herein, this LICENSE may be terminated by either party, for any reason, upon at least 30 days’ written notice to the other party. 5. TOWN hereby agrees that it is TOWN’s duty, at the end of the term (in the absence of timely renewal thereof) or in the event of other termination of the LICENSE, to deliver up the Premises in as good order and condition as they were at the commencement of the LICENSE (reasonable use and wear excepted), unless the CITY agrees in writing to accept the Premises in a different condition. 2 6. If at any time, the City finds that the Premises or fixtures are unsuitable or unsafe for use by the general public, nothing in this LICENSE shall limit the City’s ability to restrict the Town’s use or access by the general public to the Premises. 7. TOWN hereby agrees to maintain at all times General Liability insurance in the amount of at least $1,000,000.00 per occurrence for bodily injury or property damage, to list the City as an additional insured under said insurance policy, and to provide written proof of such insurance from the insurer, at the time of execution of this agreement, and as may be otherwise required by the City. 8. All notices provided for herein shall be sent to CITY at the address set forth above (in care of the City Forester), or to TOWN (or any subsequent owner or person, as described above) at the address set forth above, or at any other address provided in writing to CITY by TOWN. IN WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto as of the day and year first above written. TOWN OF ITHACA By: _________________________________ Rod Howe, Town Supervisor CITY OF ITHACA By: _________________________________ Deb Mohlenhoff, City Manager STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss: On this _____ day of ____________, 2025, before me, the undersigned, a Notary Public in and for said State, personally appeared ROD HOWE, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or person on behalf of which the individual acted, executed the instrument. ____________________________________ Notary Public STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss: On this _____ day of ____________, 2025, before me, the undersigned, a Notary Public in and for said State, personally appeared DEB MOHLENHOFF, personally known to me, or proved to me on the basis of satisfactory evidence, to be the individual who, being by me duly sworn, did depose and say that he resides at Ithaca, New York, and that she is the City Manager of the City of Ithaca, the municipal corporation described in and which executed the above instrument; and that she signed her name thereto upon authorization of the Board of Public Works of such corporation. ____________________________________ Notary Public Approved as to form and content: ______________________________________ ____________________________ City Attorney Date November 13, 2025 1 Town of Ithaca Deer Management Program Proposal February 1 – March 31, 2026 Deer Management Program Approved by the Town of Ithaca Town Board on February 11, 2019 Ithaca Town Board Resolution No. 2019-021 Authorization to apply for DDP for 2026 by the Town of Ithaca Town Board on December 8, 2025 Ithaca Town Board Resolution No. 2025-___ In May 2017, the Town of Ithaca Conservation Board presented a report (“Deer Management: Recommended Actions for the Town of Ithaca”) to the Ithaca Town Board regarding the overabundance of White-tailed deer in the Town of Ithaca. This report outlined the history and justification of deer management (health and human safety, ecological, agricultural losses, car-deer collisions, New York State Department of Environmental Conservation (NYSDEC) Deer Management Focus Area), a review of local deer management programs in Tompkins County (Village of Trumansburg, Cornell University, Village of Cayuga Heights, Village of Lansing), and provided recommendations for a potential Town of Ithaca deer management program (form sub-committee, utilize NYSDEC Deer Damage Permits (DDP) for a Town program, measure impacts of deer to assess effectiveness of program, coordinate efforts with adjacent municipalities and Cornell University, etc.). The Ithaca Town Board reviewed and discussed this report and in September 2017, formally established a Deer Management Committee. This Committee met several times in the spring and summer of 2018 and held a public meeting in May 2018 seeking feedback on the report and the potential of a deer management program. The public feedback received was very positive regarding deer management in the Town and the Town Board agreed to move forward with establishing a program. The Town received a DDP from NYSDEC in February 2019 to use three properties through mid- April, but only harvested one deer. The Town has continued to received DDP from NYSDEC using different sites around Town (2020 – 6 locations and harvested 20 deer; 2021 – 9 locations and harvested 42 deer; 2022 – 9 locations and harvested 40 deer; 2023 - 9 locations and harvested 17 deer; 2024 – 8 locations and harvested 10 deer; 2025 – 8 locations and harvested 18 deer). The Town Board designated $3,000 in the 2026 Town budget for this program. Based on input from the Town’s Conservation Board, the Town’s former Deer Management Committee, and representatives from Cornell University and other local municipal deer management programs, the use of NYSDEC approved Deer Damage Permits (DDP) – also known as nuisance permits – is recommended to reduce deer numbers. This approach is not considered regular hunting and for the Town of Ithaca program it proposes to use proficient archers (including crossbows) at baited locations as the preferred low-cost method. Firearms could also be used at selected sites in the more rural areas of the Town. What follows is believed to be the best approach to significantly reduce the deer population and negative impacts of the high deer level in the Town of Ithaca. It is anticipated that for this 8th year, eight sites again will be used that are concentrated in two general areas of the Town. It is proposed (pending DEC approval) that implementation of the deer management program will start on February 1, 2026 and continue until March 31, 2026. A map showing the properties where activities will occur will be available at Town Hall and will be posted on the Town of Ithaca’s website (http://www.townithacany.gov/Deer). The Town will continue to review properties throughout the Town November 13, 2025 2 that are ideal locations given their size, expected deer traffic, and availability of trees and cover for this and future years. The following is detailed information on the Town of Ithaca deer management program. 1. Activities are proposed to occur from February 1, 2026 to March 31, 2026. The activities are coordinated by the Town. The Town will review the success of the program and will reduce or expand activities as needed based on deer harvests and assessment on ecological and other indicators. All landowners will be kept informed about management activities (including who the participants are on their property) in regular updates. 2. Tree stands will be placed (no screw insteps, ladder stands are preferred) at landowner approved locations prior to the start of the program. A few branches may need to be trimmed to improve shooting lanes. Shooting from elevated positions directs arrows/bullets into the ground after passing through a deer. If needed, locations may need to be shifted slightly or abandoned. Each landowner will be informed about any activities on their properties, as indicated by landowner preferences. 3. Participants will primarily be using vertical bows or crossbows, but could potentially use a firearm in selected locations in the more rural areas of the Town. 4. Activities will occur as needed to allow for variations in weather conditions, deer movement patterns and participants’ availability. There will be the use of supplemental lights after dark that will allow for safe, highly accurate shots at very close range. Several of the participants are experienced in using this approach and any new ones will be trained if they desire to use supplemental light. Deer use patterns at bait will be monitored using cameras to target the best possible times to utilize locations. 5. All participants are required to follow all Town rules and laws, NYS laws, and any expressed landowner preferences. It is the right of each landowner, if so desired, to select participants who may be permitted access to their property, the times or dates participants are allowed on properties, stand locations, parking locations, or access routes as desired. The agreement to use properties can be terminated by landowners at any time by notifying the Town of Ithaca Town Clerk (clerks@townithacany.gov). 6. Which days and stands will be used cannot be predicted in advance, as this will depend on individual time schedules, wind direction, weather, and previous use of stand locations. To prevent overuse, the use of resting periods between activity periods will allow deer to fall back into their usual use patterns. Baiting will continue during the resting periods. 7. Participants will be in trees using camouflage and will use flashlights to locate shot deer or to walk in or out of the woods; therefore, landowners may notice a slow-moving flashlight. If deer cannot be readily retrieved due to poor blood trails, approved tracking dogs are available to help in locating the wounded deer. In very rare circumstances, tracking may occur the next morning with better light. Landowners will be alerted to any of these possibilities. 8. In most instances, landowners and neighbors will not notice activities or the killing of a deer, since it happens fast. However, despite all precautions and skills, deer may be wounded, may not expire immediately, collapse on neighboring properties, or may not be found. All participants will have information about property boundaries when in the field. This information will include phone November 13, 2025 3 numbers of landowners and neighbors who need to be notified if a search extends beyond the approved properties. If necessary, the participant will ask permission to retrieve a deer, unless pre-authorization to retrieve deer from a property exists. Every effort will be made (including the possible use of a trained dog) to recover all animals. 9. Participants will keep track of and report all shots (arrows/bullets) using a secure website. 10. All shot deer will be removed discretely and not be field dressed on properties, unless previously approved by the landowner. Arrows usually pass through deer and fall close to the spot where a deer was hit, but occasionally will remain in the deer. Every effort will be made to retrieve arrows. 11. All harvested deer will be consumed by participants, landowners, or donated. 12. The Town will review activities and success in regular intervals and determine if activities should continue or be terminated based on activities and number of deer harvested. 13. Regular updates will be provided to the Town Board, including the number of deer harvested, which will also be posted on the Town’s website (http://www.townithacany.gov/Deer). 14. The goal of the program is to reduce deer numbers to levels where forest regeneration and survival of browse sensitive plants within the Town of Ithaca is once again possible. In addition, the program seeks to reduce deer tick populations to levels where Lyme disease risks are minimized, reduce vehicle collusions with deer, reduce damage to residential landscaping and gardens, and reduce agricultural crop damage. With assistance from the Town of Ithaca Conservation Board and/or Cornell University, the ecological success of deer reductions in the Town may be assessed using oak sentinels or other methods. 15. Given the high deer densities and the articulated ecological and health goals, the program will aim to target both antlered and antlerless deer. This requires approval by NYSDEC. Participants shooting bucks will be required to saw off antlers and they will be delivered to the NYSDEC by the Town. Town of Ithaca Contacts: Michael Smith, Senior Planner Rod Howe, Town Supervisor Email: msmith@townithacany.gov Email: rhowe@townithacany.gov Office Phone: 607-273-1721 (ext. 123) Office Phone: 607-273-1721 Cell Phone: 607-592-6006 Cell Phone: 607-592-9908 New York State Department of Environmental Conservation Division of Fish and Wildlife Bureau of Wildlife DEER DAMAGE PERMIT APPLICATION Reg. Year Rec. Number Regional Wildlife Office:____________________________________________________________________________________________________ Location Where Damage Is Occurring: County:___________________ Town:______________________ Village/City (if applicable):_______________________ WMU:_____ Physical address/location:_________________________________________________________________ Type Of Damage Occurring (check all that apply): Other:_________________________________ Estimated Annual Damages: $__________ # of Acres Affected:______ Description of Most Significant Damage:_________________________________________________________________ Damage Abatement Methods Tried (check all that apply): Fence Repellent Visual or Auditory Scare Device Alternate Plantings Dog Non-lethal Shot Other__________________ Do you allow deer hunting on this property? Yes No If no, why not? ___________________________________ Do you use DMAP on this property? Yes No If no, why not? _________________________________________ Approximately how many deer were taken on this property last year? ______ 2 years ago? ______ 3 years ago? ______ Permit Implementation: Principal Proposed Permit Agent (if other than applicant): Street Address: Daytime Phone: City/State/Zip: Tax Map ID #s for all parcels where permit activities will occur (or attach map identifying parcels):___________________ _________________________________________________________________________________________________ Will shooting occur within 500' (firearm), 250' (crossbow) or 150' (vertical bow) of homes other than yours? Yes No If yes, do you have permission from the owners of those homes? Yes No APPLICANT AGREEMENT/CERTIFICATION I affirm by the signature below, under penalty of perjury, that the information in this application is true to the best of my knowledge and belief. I am aware that false statements made herein are punishable as Class A misdemeanors under Penal Law 210.45. I further understand that, upon filing of this application with the New York State Department of Environmental Conservation (DEC), DEC has the right to inspect any property listed on this application at any time up until the permit expiration date in order to confirm the information provided. Any findings of false statements may lead to denial of a permit or immediate permit revocation. Applicant signature: __________________________________________________ Date: ____________________ --------------------------------------------------------------*NYS DEC USE ONLY*------------------------------------------------------------------- Actions Taken: Information and education Field visit Recommended DMPs/DMAP DDP issued Repeat Complaint Applicant failed to comply with previous DDP conditions: ____________________________________________________ ________________________________________________ Enforcement action taken:_______________________________________________ Field Inspector: ______________________________ Date:______________ Notes:_____________________________________________________ _________________________________________________________________________________________________________________________ Application Reviewer: _____________________________ Date: ______________ Notes:_________________________________________________ _________________________________________________________________________________________________________________________ November 18, 2025 1 Town of Ithaca Deer Management Program Justification for use of Deer Damage Permits February 1 – March 31, 2026 In May 2017, the Town of Ithaca Conservation Board presented a report (“Deer Management: Recommended Actions for the Town of Ithaca”) to the Ithaca Town Board regarding the overabundance of White-tailed deer in the Town of Ithaca. This report outlined the history and justification of deer management (health and human safety, ecological, agricultural losses, car-deer collisions, New York State Department of Environmental Conservation (NYSDEC) Deer Management Focus Area), a review of local deer management programs in Tompkins County (Village of Trumansburg, Cornell University, Village of Cayuga Heights, Village of Lansing), and provided recommendations for a potential Town of Ithaca deer management program (form sub-committee, utilize NYSDEC Deer Damage Permits (DDP) for a Town program, measure impacts of deer to assess effectiveness of program, coordinate efforts with adjacent municipalities and Cornell University, etc.). The Ithaca Town Board reviewed and discussed this report and in September 2017, formally established a Deer Management Committee. This Committee met several times in the spring and summer of 2018 and held a public meeting in May 2018 seeking feedback on the report and the potential of a deer management program. The public feedback received was very positive regarding deer management in the Town and the Town Board agreed to move forward with establishing a program. The Town received a DDP from NYSDEC in February 2019 to use three properties through mid- April, but only harvested one deer. The Town has continued to receive DDP from NYSDEC using different sites around Town (2020 – 6 locations and harvested 20 deer; 2021 – 9 locations and harvested 42 deer; 2022 – 9 locations and harvested 40 deer; 2023 - 9 locations and harvested 17 deer; 2024 – 8 locations and harvested 10 deer; 2025 – 8 locations and harvested 18 deer). The Town Board designated $3,000 in the 2026 Town budget for this program. The Town of Ithaca is proposing to continue to address the overpopulation of deer by using a culling program. The Town program would use proficient volunteer archers (firearms could also be used at select sites in the rural areas of the Town) at baited locations. Locations for the baited sites will be focused around the Six Mile Creek and Coy Glen areas of the Town, and could include residential properties, cemeteries, natural/undeveloped properties, and land owned by the City and Town of Ithaca. The Town has obtained interest from landowners to host a total of eight bait locations on their properties for this 8th year of the program. The proposed Town program, once fully implemented, is designed to initially reduce the size of the deer population and then provide stability in population numbers thereafter. Detailed information about the proposed program can be found in the attached document titled "Town of Ithaca - Deer Management Program Proposal" (dated November 13, 2025). The existing overpopulation of deer in the Town are creating a significant ecological impact (deer forage of native vegetation, little forest regeneration), health and human safety issues (ticks / Lyme disease), ornamental landscape damage, and vehicle / deer collisions as further described below. • Ecological Impact – Deer suppress not only the perennial herbaceous layer of the forest through grazing the understory, they also alter the succession trajectories of forests via browsing. Native plants, including tree species, are disappearing from the Town landscape only to be replaced by unpalatable non-native and invasive plants. In a series of 2017 ecological assessments for the Town of Ithaca parks and preserves, Newleaf Environmental LLC consistently documented that November 18, 2025 2 tree regeneration is very low (less than 100 seedlings per acre) with heavy deer pressure and competition from invasive shrubs impeding young tree growth. The photo below is from the Finger Lakes Land Trust’s Sweedler Preserve at Lick Brook (located in the Town of Ithaca on Townline Rd) taken in September 2023 of a deer exclosure they have been maintaining for several years. The amount of young native vegetation growth is visible on the right side of the photo, inside the fence. In 2019, the City of Ithaca Forestry staff set up five plots with red oak seedlings to gather baseline data on City owned properties. The initial data show that seedling survival was very low as a result of deer browsing. In June 2022 an Engaged Cornell deer browse study was conducted at 19 locations in the Ithaca area, including many in the Town of Ithaca on Town owned, City owned, and Cornell Botanic Gardens owned properties. They planted 4 different plant species (2 goldenrods, one aster, and red oak seedlings) at each site and returned to each location to assess if the plants were eaten and how well they grew. Four of the locations they used were on Town property, including the Culver Road Preserve and Glenside Preserve, which were shown to have heavy deer browse and are in the top 5 of this study. Two of the proposed bait sites for 2026 are located in these preserves. • Health and Human Safety Issues – Deer serve as the primary host for the adult blacklegged tick, the vector for Lyme disease. In a pivotal Connecticut study, the rates of Lyme disease in a community were tracked over 13 years in conjunction with the implementation of a deer management program. There was a strong correlation between deer population reduction and decreased incidence of the disease. In Tompkins County, the incidence of Lyme disease has increased by 50% since 2011. The Town of Ithaca has posted signs at the entrances to most the Town parks and trails as a warning about the possibility that ticks are present and how to avoid them. The chart below was taken from a September 15, 2023 article from The Ithaca Voice titled “Tick- borne illnesses jump in Tompkins County” (https://ithacavoice.org/2023/09/tick-borne-illnesses- jump-in-tompkins-county/). According to the NYS Department of Health, cases of Lyme disease jumped from 265 in 2022 to 535 in 2023. November 18, 2025 3 • Ornamental Landscape Damage – In the residential and higher density areas of the Town, the overpopulation of deer are negatively impacting the ornamental landscapes and gardens at residences, business, college campuses and cemeteries. The deer are causing damage by heavy browsing and rubbing their antlers on ornamentals throughout the year. Since there is limited opportunity for regular hunting in these high-density areas, there are limited options to eliminating deer in these areas. Some private landowners have installed fencing or used repellents, but that is only helpful for those individual properties. • Vehicle / Deer Collisions – According to data obtained from the Ithaca Tompkins County Transportation Council (ITCTC) for the years 2015 through 2019, 367 accidents involved deer in the Town of Ithaca (crash data from NYSDOT Accident Location Information System). This database utilizes all crashes reported to the Department of Motor Vehicles. The attached map, “Vehicle Collisions with Deer – 2015 – 2019”, shows the approximate location of any accidents that involved deer in the Town of Ithaca and is broken down by each year. ITCTC analysis of vehicle crash data for the years 2018 – 2022 showed that 18.5% of all crashes in Tompkins County involve deer (https://www.tompkinscountyny.gov/files/assets/county/v/1/itctc/documents/statistics/2018- 2022-crash-analysis-revised03012024.pdf ). Also attached is a 2023 map from ITCTC showing Deer Crash Ratio for road segments in the Town of Ithaca that had at least 5 accidents (2018-2022). This map shows that several roads in the Town have 40% or more of the crashes involving deer. The graph below was taken from the Ithaca-Tompkins County Transportation Council 2045 Long Range Transportation Plan (September 2024 draft), which shows deer crashes in Tompkins County from 2008 – 2023. November 18, 2025 4 While some regular fall deer hunting is occurring in the rural and agricultural areas of the Town and there is the additional Tompkins County Deer Management Focus Area hunting available throughout the Town in January, the issues above are still occurring. There are many areas of the Town that regular deer hunting does not, or can not occur, due to the residential density and municipal owned lands that do not allow any type of hunting. Deer management efforts by adjacent municipalities (Villages of Lansing and Cayuga Heights) and Cornell University (campus and Botanic Gardens properties) have made some gains towards their goals, but the continuation of this similar program in the Town would enhance their efforts. We respectfully request approval of the Town of Ithaca’s DDP application, starting as early as possible after February 1, 2026 and continuing to March 31, 2026. We request the ability to take deer of either sex (with any antlers delivered to the NYSDEC every 10 days), using archery, crossbows or firearms, with shooting over bait throughout a 24-hour period. The specific parcels where activity will occur are shown on the attached map (“NYSDEC Deer Damage Permit Application – Parcels where Activities will Occur - 2026”, dated November 17, 2025). The Town of Ithaca Planning Department, along with members of the Town Board and Conservation Board help to implement this program. Attached: - “NYSDEC Deer Damage Permit Application – Parcels where Activities will Occur - 2026” Map (November 17, 2025) - “Town of Ithaca – Deer Management Program Proposal” (November 13, 2025) - “Vehicle Collisions with Deer 2015 – 2019” Map (December 2021) - “Transportation Snapshot – Town of Ithaca – 2023 – Deer Crash Ratio” Map (7/24/23) - “Deer Management: Recommended Actions for the Town of Ithaca” Town of Ithaca Conservation Board (May 2017) (available at http://www.townithacany.gov/Deer) TOWN OF ITHA CA CITY OF ITHA CA VILLAGE OF CAYUGA HEI GHTS 13 13A 13 13A 13 13A # Rob ert H. TremanState Park Butterm ilkFallsState Park SixmileCreekPreserve Allen H. TremanState Park StewartPark £¤89 £¤327 £¤79 £¤366 £¤96B £¤96 £¤34/96 £¤13/34/96 £¤13A £¤34 £¤13/34 £¤89 £¤327 £¤79 £¤366 £¤96B ELMIRA RD SHEFFIELD RD DANBY RD CODDINGTON RD HANSHAW RD BUNDY RD TROY RD E KING RD HAYTS RD BOSTWICK RD WARREN RD DRYDEN RD TRUMANSBURG RD MECKLENBURG RD SLATERVILLE RD W KING RD EAST SHORE DR CAYUGA HTS RD ELM ST EXT E STATE ST CAMPUS RD N CAYUGA ST CLIFF ST CULVER RD PINE TREE RD FOREST HOME DR SAND BANK RD BURNS RD GILES STELM ST TOWER RD FIVE MILE DR POOLE RD IRADELL RD GAME FARM RD DUBOIS RD DODGE RD FREESE RD UPDIKE RD GRAY RD LINN ST W STATE ST HECTOR ST MITCHELL ST THE PARKWAY NELSON RD YAPLE RD SEVEN MILE DR TRIPHAMMER RD PARK RD RIDGECREST RD SALEM DR WARREN PL ESTY ST CALKINS RD MAPLE AVE PLEASANT GROVE RD WINTHROP DR TEETER RD UPTOWN RD COY GLEN RD MILLARD HILL RD S AURORA ST PIER RD WOOD ST HOY RD LYCEUM DR SIENA DR TUDOR RD KENDALL AVE MARY ST HIGHGATE CIR PERRY LA W KING RD TOWN OF ITHA CA CITY OF ITHA CA VILLAGE OF CAYUGA HEI GHTS 13 13A 13 13A 13 13A # Rob ert H. TremanState Park Butterm ilkFallsState Park SixmileCreekPreserve Allen H. TremanState Park StewartPark £¤89 £¤327 £¤79 £¤366 £¤96B £¤96 £¤34/96 £¤13/34/96 £¤13A £¤34 £¤13/34 £¤89 £¤327 £¤79 £¤366 £¤96B ELMIRA RD SHEFFIELD RD DANBY RD CODDINGTON RD HANSHAW RD BUNDY RD TROY RD E KING RD HAYTS RD BOSTWICK RD WARREN RD DRYDEN RD TRUMANSBURG RD MECKLENBURG RD SLATERVILLE RD W KING RD EAST SHORE DR CAYUGA HTS RD ELM ST EXT E STATE ST CAMPUS RD N CAYUGA ST CLIFF ST CULVER RD PINE TREE RD FOREST HOME DR SAND BANK RD BURNS RD GILES STELM ST TOWER RD FIVE MILE DR POOLE RD IRADELL RD GAME FARM RD DUBOIS RD DODGE RD FREESE RD UPDIKE RD GRAY RD LINN ST W STATE ST HECTOR ST MITCHELL ST THE PARKWAY NELSON RD YAPLE RD SEVEN MILE DR TRIPHAMMER RD PARK RD RIDGECREST RD SALEM DR WARREN PL ESTY ST CALKINS RD MAPLE AVE PLEASANT GROVE RD WINTHROP DR TEETER RD UPTOWN RD COY GLEN RD MILLARD HILL RD S AURORA ST PIER RD WOOD ST HOY RD LYCEUM DR SIENA DR TUDOR RD KENDALL AVE MARY ST HIGHGATE CIR PERRY LA W KING RD Prepared by the Ithaca-TompkinsCounty Transportation Council - 7/24/23 TransportationSnapshotTown of Ithaca2023 Deer Crash Ratio Ü 0 21Miles Scale Legend <1 0% of cra shes invo lve d eer 10-20% of crash es in volve deer 20-30% of crash es in volve deer 30-40% of crash es in volve deer >4 0% of cra shes invo lve d eer For Ro ad Segments that had at least 5 accidents (201 8-2022) 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n89:n 89:n 89:n 89:n 89:n 89:n 89:n89:n 89:n 89:n 89:n 89:n89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n89:n 89:n 89:n 89:n89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n89:n89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n 89:n Town of Ithaca, New York Vehicle Collisions with Deer 2015 - 2019 !Q!Q ® 0 1 20.5 Miles Map Prepared December 2021 by Town of Ithaca Planning Department Data from Tompkins County GIS Division and Tompkins County ITCTC 367 accidents involving deer in the Town of Ithaca City of Ithaca Village of Cayuga Heights Cayuga Lake Bundy Rd Trumansburg Rd Mecklenburg Rd Elmira Rd Danby Rd Coddington Rd Slaterville Rd Dryden Rd Warren Rd King Rd W 89:n 2015 (60 collisions in the Town of Ithaca) 89:n 2016 (86 collisions in the Town of Ithaca) 89:n 2017 (76 collisions in the Town of Ithaca) 89:n 2018 (75 collisions in the Town of Ithaca) 89:n 2019 (70 collisions in the Town of Ithaca) Item 8 MEETING OF THE ITHACA TOWN BOARD December 8, 2025 TB Resolution 2025 - : Adopt Consent Agenda Resolved that the Town Board adopts/approves the following Consent Agenda items: a) Approval of Town Board Minutes b) Approval of the Town of Ithaca Abstract c) Approval of Bolton Point Abstract d) Setting public hearings for December 30, 2025, regarding: a contract with the City of Ithaca for Fire Protection and Emergency Services; the acquisition of real property – Sage Preserve; and a local law revising Town of Ithaca Code Chapter 270 regarding the definition of “ordinary high water level” e) Approval of an amendment to Taitem Engineering Service contract f) Approval of budget amendments and transfers Moved: Seconded: Vote: TB Resolution 2025 - a: Approval of Town Board Minutes Resolved that the Town Board approves the draft minutes of its November 24, 2025 meeting as final with any non-substantive changes made. TB Resolution 2025 - b: Approval of Town of Ithaca Abstract TB Resolution 2025 - c: Approval of Bolton Point Abstract TB Resolution 2025 - d: Setting public hearings Resolved that the Town Board will hold public hearings at their meeting on Tuesday, December 30, 2025, which begins at 11:00 a.m. at Town Hall, 215 N. Tioga Street, and broadcast via Zoom for public comments, at which time all persons shall be heard regarding: a. The acquisition of +/- 137 acres of real property for a preserve fronting Ridgecrest Rd, Chase Ln, King Road E., and Schickel Rd at a Town cost estimated not to exceed $259,000 (subject to permissive referendum) b. A proposed contract with the City of Ithaca for Fire Protection and Emergency Services c. A local law revising Town of Ithaca Code Chapter 270, “Zoning” amending the definition of "ordinary high water level" Item 8 TB Resolution 2025 - e: Authorization to update contract with Taitem Engineering in Support of Ithaca Energy Code Supplement (IECS) Development Whereas, the Town Board unanimously adopted the Town' s Green New Deal on March 23, 2020, which sets forth a goal to achieve an equitable transition to carbon-neutrality communitywide by 2030; and Whereas, as a major milestone in its Green New Deal efforts, the Town of Ithaca on June 14, 2021, adopted Local Law 5 of 2021, adding Chapter 144 to the Town of Ithaca Code, titled Energy Code Supplement; and Whereas, the NYSERDA Stretch to Zero pilot program, was awarded to the Town of Ithaca because of the local legislative action to adopt a zero on- site greenhouse gas emissions code, and interest in sharing information with NYSERDA and learning from the other participating municipalities; and Whereas, the Town of Ithaca received a maximum award of $200,000 from the Stretch to Zero pilot program to support ongoing implementation and enforcement of the Energy Code Supplement; and Whereas, The Town of Ithaca entered into a contract with Taitem Engineering as an external consultant to provide technical assistance in researching and developing the next phase of the Energy Code Supplement; and Whereas, under the existing contract (executed on May 12, 2025) with Taitem Engineering the maximum service fee was not to exceed $12,000; and Whereas, on November 25, 2025, the Town was informed by Taitem that the contract had been exceeded by $1861.00; now, therefore, be it Resolved, that the Town Board of the Town of Ithaca hereby revises the contract with Taitem Engineering; updating the maximum service fee to $15,000 using the financial assistance from the NYSERDA Stretch to Zero pilot program; and be it further Resolved, that the Town Supervisor is authorized to execute the revised contract as stated. TB Resolution 2025 - f: Approve Budget Amendments and Transfers TOWN OF ITHACA LOCAL LAW NO. ___ OF THE YEAR 2025 A LOCAL LAW AMENDING THE DEFINITION OF ORDINARY HIGH WATER LEVEL IN TOWN OF ITHACA CODE CHAPTER 270, ZONING Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 270 (Zoning), Article III (Terminology) of the Town of Ithaca Code, Section 270-5 (Definitions), is amended by replacing the definition of “Ordinary High Water Level” with a new definition reading as follows: “The ordinary high water level for Cayuga Lake is the value for Cayuga Lake’s “Mean High Water Elevation” shown in the table in 6 NYCRR § 608.11(a), as it may be amended from time to time. 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 upon its filing with the New York State Secretary of State.