HomeMy WebLinkAboutTB Minutes 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
TB 2025-12-08 (Filed 12/15) Pg. 1
MEETING OF THE ITHACA TOWN BOARD
December 8, 2025, 5:30 p.m.
215 N Tioga St
The recording of this meeting is available on our YouTube Live Meeting Link
MINUTES
Board Members: Rod Howe, Supervisor; Members Rich DePaolo, Pamela Bleiwas, and
Margaret Johnson Absent: Eric Levine, Rob Rosen, and Susie Gutenberger
Staff: Kelly Anderson, Director of Finance; Susan Brock, Attorney for the Town; Judy Drake,
Director of Human Resources; Marty Moseley, Director of Code Enforcement; Justin O’Neal,
Engineering; CJ Randall, Director of Planning; Michael Smith, Environmental Planner and
Hilary Swartwood, Sustainability Planner; Paulette Rosa, Town Clerk; and Joe Slater, Director
of Public Works
1. Call to Order and Pledge of Allegiance – 5:30 p.m.
2. Persons to be Heard and Board Comments
Charlie Troutman from the Forest Homeowners Association thanked the Board for working with
them on developing plans for traffic calming measures over the past year or so.
3. Finger Lakes Area Infrastructure Reliability Project (FLAIR) Overview
(Attachment 1)
Chris Brewster and Eric Verfuss, NYSEG Public Outreach representatives, went through a
presentation detailing the project goals and timeline:
• Asset conditions - Line and infrastructure is over 90 years old
• Goal is to update to current equipment; steel poles, lightening protection and a 2.5 power
flow efficiency for improved reliability
• Existing poles are wooden and 45’ feet tall / replacement poles are metal and 95’ feet tall
The taller poles reduce the number of poles; places that currently have poles may not
need replacement poles and the old ones will be removed
• Showed a picture of existing and proposed monopoles
• Article 7 filing with the State happened in December of 2024
• In the hearing and settlement phase. Going through the filing line by line with various
State agencies.
• Notifications to landowners and abutting property owners on public information sessions
being held
• Timeline – field work started 3 years ago
• Current timeline is early Summer of 2026 construction with going online in late 2029
TB 2025-12-08 (Filed 12/15) Pg. 2
• Depictions shown of town parcels affected and new infrastructure
• Proposal is to stay within the existing ROWs whenever possible
• Clearing of vegetation and problematic trees will also happen
• EMF tests were below NYS PSC standard. Depiction of common EMF emitting
appliances such as a hair dryer or a microwave compared to the poles
• Websites available with detailed explanations and information on the project and the
process, providing direct phone and email contacts
Questions
Mr. DePaolo asked if higher poles would reduce extreme tree clearing that sometimes happens.
Mr. Verfuss responded that the plan is to stay in the center of existing ROWs so that should
mean less tree trimming, adding that they have maintained their ROWs all along, so there are no
trees that are taller than the proposed poles. If a tree next to the ROW endangers a pole or we
need to change the parameters of the ROW, we will work with the property owner to address
those issues.
Ms. Johnson asked where the increased energy demand they mentioned was coming from.
Mr. Verfuss responded that there is no specific project making a demand, but this area is
aggressively pursuing electrification, so we are building for that. He added that this infrastructure
will also move electricity out from things like solar/windfarms to the grid for usage; a lot of the
current FLAIR projects are driven by NYS Energy goals.
Mr. Howe thanked the representatives and noted that information and links are available on the
Town’s website.
4. Public hearings – Mr. Howe opened the public hearings. There was no one wishing to speak
on any of the proposed actions and the hearings were closed.
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
Mr. DePaolo asked why the Town Board gets requests for legislative changes when we are
prohibited from influencing there determinations and he asked what the numbers were that
precipitated this request for a change. He asked if there was a backlog of requests compared to
those that place them in the rear yards as permitted. How was this quantified.
Ms. Randall explained the review process and Mr. Moseley explained that appeals come in and
are granted many times because of topography and lot sizes common in the town. He could only
TB 2025-12-08 (Filed 12/15) Pg. 3
remember 2 that had been denied as not having a relevant hardship. Therefore the ZBA had
passed a resolution formally requesting that the Town look at the appropriate section(s) of the
Code and the Town Board referred the request to the Codes & Ordinances Committee.
Ms. Rosa had put together a simple summary of appeal dates spanning a 10-year period and the
review took place, with the COC forwarding the draft revisions to permit accessory buildings in
the side yards with proposed restrictions on size being smaller than those permitted in the rear
yard as of right.
Ms. Randall added that the request was due to an excessive amount of appeals, which is
subjective, but the COC did discuss this at length.
Mr. DePaolo said his objection stems from this being a “one-way street” where there is no
mechanism for the Town Board to ask the Zoning Board of Appeals to “tighten up their ship” if
we wanted them to enforce aspects of our Code more strictly, but they are asking us to loosen
our requirements. He added that he respects the committee process, so he would leave it at that.
TB Resolution 2025 - 135: 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: Margaret Johnson Seconded: Pamela Bleiwas
Vote: ayes – Johnson, Bleiwas, Howe, and DePaolo
TB Resolution 2025 - 136: Adoption of Local Law 14 of 2025, entitled “A local law
amending Town of Ithaca Code Chapter 270, Zoning, regarding accessory buildings in
TB 2025-12-08 (Filed 12/15) Pg. 4
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, said public hearing was duly published and held on said date, time and location, 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 meeting held on December 8, 2025, has reviewed, and made a
negative declaration of Environmental Significance based upon the information in Parts 1 & 2 and
for the reasons stated in Part 3 of the Short Environmental Assessment Form (EAF), prepared by
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 Ithaca Town Board adopts Local Law 14 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” as submitted.
Moved: Margaret Johnson Seconded: Pamela Bleiwas
Vote: ayes – Johnson, Bleiwas, Howe, and DePaolo
Mr. Howe noted that the next three proposed local laws are under one resolution:
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
Ms. Randall explained that the different expiration periods for projects that receive Planning
Board and Zoning Board approvals were causing some negative impacts because in some
TB 2025-12-08 (Filed 12/15) Pg. 5
instances, there is no mechanism for an extension. The suggestion was to consider a uniform 36
months for these certain types of approvals.
Mr. Moseley explained the need for some flexibility to allow the issuance of permits when, for
example, a roof was not leaking but obviously needed to be replaced or an internal component of
a heating system needed repair, but our current language would not allow for a permit to be
issued.
TB Resolution 2025 - 137: 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 researched and considered legislative changes to
Chapter 270 of the Town of Ithaca Code as listed below:
1. A Local Law Amending Town of Ithaca Code Chapter 270, Zoning, Regarding Issuance
of Permits to Build
2. A Local Law Amending Town of Ithaca Code Chapter 270, Zoning, Regarding
Expiration Periods for Variances, Special Approvals, Site Plan Approvals and Special
Permits
3. A Local Law Amending Town of Ithaca Code Chapter 270, Zoning, Regarding Posting
of Notices for Certain Applications, and
Whereas, on November 24, 2025, the Town Board reviewed said draft legislation and set a
public hearing to hear all interested persons regarding the proposed local laws, which was duly
published and held on December 8, 2025, and
Whereas, pursuant to the New York State Environmental Quality Review Act (“SEQRA”) and
its implementing regulations at 6 NYCRR Part 617, adoption the local laws is a Type II Action
pursuant to 6 NYCRR Part 617.5 c (26), which require 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 Ithaca Town Board hereby adopts the following local laws as submitted:
1. Local Law 15 of 2025 Amending Town of Ithaca Code Chapter 270, Zoning, Regarding
Issuance of Permits to Build
2. Local Law 16 of 2025 Amending Town of Ithaca Code Chapter 270, Zoning, Regarding
Expiration Periods for Variances, Special Approvals, Site Plan Approvals and Special
Permits
3. Local Law 17 of 2025 Amending Town of Ithaca Code Chapter 270, Zoning, Regarding
TB 2025-12-08 (Filed 12/15) Pg. 6
Posting of Notices for Certain Applications
Moved: Pamela Bleiwas Seconded: Rod Howe
Vote: ayes – Bleiwas, Howe, DePaolo and Johnson
Chapter 250, Vehicles and Traffic:
e) Adding yield signs at the approaches of both one-lane bridges on Forest Home Dr
Mr. Slater explained that these signs had gone up during a previous project and we then became
aware we needed this local law to enforce them.
TB Resolution 2025 - 138: Adoption of Local Law 18 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 18 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: Pamela Bleiwas Seconded: Rod Howe
Vote: ayes – Johnson, Bleiwas, Howe, and DePaolo
5. Consider adoption of proposed local law rescinding and replacing Town of Ithaca Code
Chapter 144, Energy Code Supplement
Mr. Howe noted that there are updated memos from both Ms. Swartwood and Mr. Moseley
regarding this action. (Attachment 2)
Mr. DePaolo stated for the record that our consultant works for a company that would benefit
from this legislation, but his report is based upon sound information.
TB 2025-12-08 (Filed 12/15) Pg. 7
He asked about the 5-year period that was questioned at the last meeting and if that was
addressed.
Mr. Moseley responded that the 5-year period is in the NYS Code and we are adopting that
within our Code and cannot go less restrictive. We are saying that we will follow the more
stringent of the Codes.
Mr. DePaolo asked about the difference in incremental compliance between residential and
commercial properties and wondered if the commercial timelines assumed a faster recoup of
costs.
TB Resolution 2025 - 139: 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 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 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: Rich DePaolo Seconded: Pamela Bleiwas
Vote: ayes – DePaolo, Bleiwas, Johnson and Howe
TB Resolution 2025 – 140: 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
TB 2025-12-08 (Filed 12/15) Pg. 8
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
TB 2025-12-08 (Filed 12/15) Pg. 9
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 December 8, 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 19 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: Margaret Johnson Seconded: Pamela Bleiwas
Vote: ayes – Johnson, Bleiwas, Howe, and DePaolo
6. Consider approval of a Revocable License Agreement with Cornell regarding portions
of Pine Tree Road Walkway
Mr. Slater explained that this will allow us to maintain that portion of the Walkway.
TB Resolution 2025 - 141: 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: Rod Howe Seconded: Margaret Johnson
Vote: ayes – Howe, Johnson, DePaolo and Bleiwas
7. Consider approval of actions associated with the Town’s Deer Management Program:
TB 2025-12-08 (Filed 12/15) Pg. 10
Mr. Smith gave a brief overview of the current Deer Management Program and noted that these
resolutions apply to the nuisance permit off-season hunting through DEC that we have done in
the past.
a) Application for a Deer Damage Permit with DEC
TB Resolution 2025 - 142: 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: Rod Howe Seconded: Pamela Bleiwas
TB 2025-12-08 (Filed 12/15) Pg. 11
Vote: ayes – Howe, Bleiwas, DePaolo and Johnson
b) License with the City of Ithaca for Six Mile Creek Natural Area property
TB Resolution 2025 - 143: 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: Margaret Johnson Seconded: Rich DePaolo
Vote: ayes – Johnson, DePaolo, Howe and Bleiwas
c) Variance for access on Town Preserves
Mr. DePaolo suggested the removal of “24-hours a day” from the resolved clauses. The change
accepted as a friendly amendment.
TB Resolution 2025 - 144: 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
TB 2025-12-08 (Filed 12/15) Pg. 12
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 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
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
TB 2025-12-08 (Filed 12/15) Pg. 13
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: Rich DePaolo Seconded: Rod Howe
Vote: ayes – DePaolo, Howe, Bleiwas and Johnson
8. Consider Consent Agenda
TB Resolution 2025 - 145: 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 Medical 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: Pamela Bleiwas Seconded: Margaret Johnson
Vote: ayes – Bleiwas, Johnson, Howe and DePaolo
TB Resolution 2025 - 145b: Approval of Town of Ithaca Abstract No. 23 of 2025
Resolved that the Town Board authorizes the payment of the audited vouchers in total for the
amounts indicated:
VOUCHER NOS. 2025 1111 - 1159
General Fund Town Wide 316,120.34
General Fund Part-Town 2,467.90
Highway Fund Town Wide DA 5,590.82
Highway Fund Part Town DB 13,117.71
Water Fund 800,180.82
Sewer Fund 3,634.14
Capital Projects 4,212.36
Risk Retention Fund 50.00
TOTAL 1,145,374.09
TB 2025-12-08 (Filed 12/15) Pg. 14
TB Resolution 2025 - 145c: Approval of Bolton Point Abstract
Resolved that the governing Town Board authorizes the payment of the audited vouchers as
submitted and listed below:
Voucher Numbers: 496-543
Check Numbers: 21517-21564
Capital Impr/Repl Project $ 23,083.96
Operating Fund $ 130,392.97
TOTAL $ 153,476.93
TB Resolution 2025 - 145d: 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 Medical
Services
c. A local law revising Town of Ithaca Code Chapter 270, “Zoning” amending the
definition of "ordinary high water level"
TB Resolution 2025 - 145e: 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
TB 2025-12-08 (Filed 12/15) Pg. 15
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.
9. Reports of Town Officials
Mr. Howe reminded member there is no December 22nd meeting and reported that
negotiations continue on the Fire contract.
10. Review of Correspondence – No Comments
The meeting was adjourned upon a motion and a second, unanimous.
Submitted by
Paulette Rosa, Town Clerk
10/12/2025
Project Overview
Finger Lakes Area Infrastructure Reliability (FLAIR)
Powering New York December 2025
•Team introductions
•Project overview – purpose and benefits
•Project map – Town of Ithaca
•Poles – Right of Way (ROW) and simulations
•Environmental impact – Electromagnetic Fields (EMFs) and wetlands
•Article VII process
•Contacts
•Questions
Agenda
The FLAIR project proposes the rebuild of
existing Line 982 (115 kV) from the Coddington
Substation in the Town of Ithaca to the Montour
Falls Substation in the Town of Montour.
Ithaca
Montour
Project Overview
•The existing line is over 90 years old, and asset conditions in many portions of the proposed project have exceeded
their useful life.
•The line will be rebuilt with steel poles, using guy wires and self-supporting structures.
•Adding optical ground wire (OPGW) provides an enhanced future communication path for protection and control
system upgrades. It will add lightning protection which does not currently exist.
•Rebuilding Line 982 will lead to slightly more than a 2.5x increase in power flow efficiencies.
Project Purpose
The most common issues are rotten or cracked poles and arms, as well as broken or flashed insulator skirts.
Project Facts
Municipalities: Catharine, Hector, Montour, Danby,
Enfield, Ithaca, Newfield
Counties: Schuyler and Tompkins
Program origination and termination locations
Montour Falls Substation: 1931 NY-14, Montour,
New York 14865
Coddington Substation: East King Street South Hill,
New York 14850
Estimated Timetable (subject to change)
Initial Field Work: Q4 2022
Filing of Article VII Certificate
and Other Initial Permit Apps: Q4 2024
Anticipated Certificate Issuance: Q2 2026
All Permits Obtained: Q2 2026
Construction Start: Q1 2027
In Service Date: Q4 2029
•The project would remove bottlenecks on the local transmission system and allow existing and projected future
generation facilities to connect to the power grid, thus helping New York State meet its energy goals.
•The upgrades would improve the reliability and resiliency of the entire transmission system, ensuring the
maintenance of safe and reliable power distribution.
•The Project would generate numerous ancillary economic benefits to our community partners. The most direct
infusion to the local economy would come from employment opportunities associated with construction of the
Project and of future generation facilities.
Regional Benefits
•The Project Team held two public information sessions/open house events: one at the Tompkins County Public
Library in Ithaca on 7/8/25 and another at the Village of Odessa Community Room on 7/16/25.
•The Project Team also joined the NYS Department of Public Service (DPS) on 10/8/25 in hosting a Public
Information Forum/Public Statement Hearing in Montour Falls.
•Stakeholder notifications are created to provide advance notice of all events.
Community Outreach Touchpoints
FLAIR Line 982: NYS DPS Article VII Process
We are here
FLAIR Line 982: Proposed Project Route
FLAIR Line 982: Proposed Project Route & Impacted Parcels
Line 982 Right-of-Way
The existing Line 982 utilizes a
standard H-Frame structure which is
approximately 50 feet tall. It will be
replaced with a more durable steel
monopole structure which will be an
average of 95 feet tall.
FLAIR Line 982 Visual Simulation Comparison (1)
Existing view – Ridgecrest Road, Tompkins County Proposed view – Ridgecrest Road, Tompkins County
FLAIR Line 982 Visual Simulation Comparison (2)
Existing view – NYS Route 13, Tompkins County Proposed view – NYS Route 13, Tompkins County
FLAIR Line 982 – Electromagnetic Fields (EMFs)
•Electric (voltage) and Magnetic (current) Fields (EMF) are invisible areas of energy associated with the use of
electrical power and various forms of lighting.
•EMF is present throughout our daily lives. Our daily exposure depends on where we spend time and the sources we
encounter in those locations.
•Numerous organizations, including the World Health Organization, US National Institute of Environment Health
Scientists, and the Scientific Committee on Emerging and Newly Identified Health Risks have concluded that EMF
from transmission lines or other sources are not a cause of any adverse health effects in humans, animals, or crops.
Magnetic Field at Edge of the Right of Way:
147.201 mG — below the NY PSC limit of 200 mG
(This is about 25% below the safety limit)
Electric Field at Edge of Right of Way:
0.586 kV/m — below the NY PSC limit of 1.6 kV/m
(This is about 50% below the safety level)
0
20
40
60
80
100
120
140
160
180
200
Magnetic Field at Edge of ROW (mG)
Modeled Value
NYS PSC Limit
0
0.2
0.4
0.6
0.8
1
1.2
1.4
1.6
Electric Field at Edge of ROW (kV/m)
Modeled Value
NYS PSC Limit
Pre-filing testing confirmed that EMF levels from proposed project meets NYS PSC safety standards.
FLAIR Line 982 – Electromagnetic Fields (EMFs)
Device Typical EMF Level (mG)
Cell Phone ~20 mG (contact, low-frequency
component)
Transmission Line ~147 mG (at edge of Right of Way)
Hair Dryer ~300 mG (at 6 inches)
Microwave Oven ~200–300 mG (at 6 inches)
Typical EMF Levels (Close Range)
•World Health Organization (WHO) recommends a maximum exposure of 2,000 mG (200 µT) for extremely low-
frequency magnetic fields (50/60 Hz).
•All listed household items fall below this limit with values representing scale and awareness.
Sources:
EM Watch: EMF Values for Sample Appliances
LabMagnetic: Understanding Safe EMF Levels in Indoor Environments
20 mG 147 mG 300 mG 300 mG 2,000 mG
WHO
Guideline
FLAIR Line 982 – Commitment to the Environment: Wetlands Protection
Palustrine Emergent Wetland, Town of Montour,
Schuyler County
Perennial Stream, Town of Newfield,
Tompkins County
Websites:
•FingerLakesAreaReliability.com
•PoweringNewYork.com
Phone: 888.307.2320
Email:
•info@FingerLakesAreaReliability.com
Project Contact Channels
17
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
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.
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 a ordability.
Implementation was intentionally passed in increments, with each phase increasing the reductions in emissions. This
method provided Code Enforcement O icers, 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 a ordable 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
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 o setting 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 o set
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-E ectiveness 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