HomeMy WebLinkAboutLL 19 of 2025 Replace Town Code Chapter 144 ECS
Adopted 2025-12-08
TOWN OF ITHACA
LOCAL LAW NO. 19 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):
Ҥ 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
Adopted 2025-12-08
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.
Adopted 2025-12-08
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.”
Adopted 2025-12-08
§ 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.
Adopted 2025-12-08
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
Adopted 2025-12-08
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.
TOWN OF ITHACA
NEW YORK
TOWN CLERKS’OFFICE
Paulette Rosa,Town Clerk,Ashley Colbert &Monica Moll.Deputy Town Clerks
215 N,Tioga St 14850
607,273.1721 clerks@townithacany.gov
December 9,2025
State Records Unit
Department of State
One Commerce Plaza
99 Washington Ave.
Albany,NY 12231
To Whom It May Concern.
Enclosed is:
Town of Ithaca Local Laws 14.15.16.17,18.and 19 for the year 2025:
14.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
A LOCAL LAW AMENDING TOWN OF ITHACA CODE CHAPTER 270,ZONING,
REGARDING ISSUANCE OF PERMITS TO BUILD
15.
A LOCAL LAW AMENDING TOWN OF ITHACA CODE CHAPTER 270,ZONING,
REGARDING EXPIRATION PERIODS FOR VARIANCES,SPECIAL APPROVALS,SITE PLAN
APPROVALS AND SPECIAL PERMITS
16.
A LOCAL LAW AMENDING TOWN OF ITHACA CODE CHAPTER 270,ZONING,
REGARDING POSTING OF NOTICES FOR CERTAIN APPLICATIONS
17.
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
18.
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
19.
Please contact me if you have any questions.
Sincerely,
Monica Moll
Deputy Town Clerk
Page 2 of 4DOS-0239-f-l (Rev. 06/12)
Local Law Filing
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
Be it enacted by the of the
(Name of Legislative Body)
as follows:
(If additional space is needed, attach pages the same size as this sheet, and number each.)
County City Town Village
of
(Select one:)
County City Town Village
of
(Select one:)
New York State Department of State
Division of Corporations, State Records and Uniform Commercial Code
One Commerce Plaza, 99 Washington Avenue
Albany, NY 12231-0001
www.dos.state.ny.us/corps
Local Law No. of the year 20
A local law (Insert Title)
Page 3 of 4DOS-0239-f-l (Rev. 06/12)
* Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there
be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is
vested with the power to approve or veto local laws or ordinances.
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1.(Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of was duly passed by the
on 20 , in accordance with the applicable(Name of Legislative Body)
provisions of law.
2.(Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the and was deemed duly adopted
(Elective Chief Executive Officer*)
on 20 , in accordance w ith the applicable provisions of law.
3.(Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the on 20 .
(Elective Chief Executive Officer*)
Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on
20 , in accordance with the applicable provisions of law.
4.(Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved)(Name of Legislative Body)
(repassed after disapproval) by the on 20 . Such local
(Elective Chief Executive Officer*)
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 , in accordance with the applicable provisions of law.
3
;
4
4
4
4
4
oA 5
%)Ny
4/4Vs
”
DOS-0239-f-|(Rev.06/12)
§.(City local law concerning Charter revision proposed by petition.)
|hereby certify that the local law annexed hereto,designated as local law No.___—
of 20 of
the City of
—_having been submitted to referendum pursuant to the provisions of section (36)(37)of
the Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of such city voting
thereon at the (special)(general)election held on 20
____,
became operative.
6.(County local law concerning adoption of Charter.)
|hereby certify that the local law annexed hereto,designated as local law No.of 20 of
the County of State of New York,having been submitted to the electors at the General Election of
November 20
,pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law,and having
received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the
qualified electors of the towns of said county considered as a unit voting at said general election,became operative.
(If any other authorized form of final adoption has been followed,please provide an appropriate certification.)
i further certify that |have compared the preceding local law with the original on file in this office and that the same is a
correct transcript therefrom and of the whole of such original local law,and was finally adopted in the manner indicated in
paragraph 1 ,
above.
putt tere,tn
*
Clerk of the county legislative body,City,Town or Village Clerk or
officer designated by local legislative body
Date:lo lod [ded T
Yorks
file
Co,,ye »
yyyw”
Page 4 of4
MEETING OF THE ITHACA TOWN BOARD
December 8,2025
TB Resolution 2025 -139:SEOR 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 |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
STATE OF NEW YORK)
COUNTY OF TOMPKINS)SS:
TOWN OF ITHACA:
I,Paulette Rosa,Town Clerk of the Town of Ithaca,do hereby certify that the above
resolution is an exact copy of the same adopted by the Ithaca Town Board at a meeting on the 8"
day of December 2025.
ey‘BhOOF
aw ,
Paulette Rosa,Town Vigaee
yw”
MEETING OF THEITHACATOWNBOARD
December8,2025
TB Resolution 2025 —140:Adoption of “ALocalLawDeletingIthacaTownCodeChapter144,Titled “Energy Code Supplement,”andreplacingitwithanewChapter144,titled“Energy Code Supplement.”Whereas,climate change is causing an increaseinextremeweatherevents,suchasstorms,flooding,and heat waves that threaten humanlife,healthycommunities,andcriticalinfrastructureintheTownofIthaca(Town),NewYorkState,andacrosstheworld;andWhereas,greenhouse gas (GHG)emissions relatedtohumanactivityarethemaincauseofglobalwarming,and buildings within the TownofIthacaarethemostsignificantcontributortolocalGHGemissions,responsible for more thanhalfofallcommunityGHGemissions;andWhereas,the Town Board unanimously adoptedtheTown’sGreenNewDealonMarch23,2020,which sets forth a goal to achieve an equitabletransitiontocarbon-neutralitycommunity-wide by 2030;andWhereas,New York State,through its ClimateLeadershipandCommunityProtectionAct,hassetambitiousgoalstocombatclimatechangethroughGHGreduction,andstategoalsareinlinewithmanyoftheobjectivesoftheEnergyCodeSupplement(“ECS”),includingreducingemissionsinbuildings,electrifying space heating,waterheating,andcookingsystems,increasing the use of renewable energy,and reducingtheuseoffossilfuels;andWhereas,for new buildings,the most affordableandcost-effectivetimetoreduceGHGemissionsisduringthedesignandconstructionphasesofaproject,ratherthanatatimeoflaterretrofit;andWhereas,pursuant to section 11-109 of the NewYorkStateEnergyLaw,andsubjecttotheprovisionsandrequirementsofthatsection,municipalitiesmaypromulgatelocalenergyconservationconstructioncodesmorestringentthantheNYSEnergyCode;andWhereas,Town Code Chapter 144,Energy CodeSupplement,isalocalenergycodesupplementforallnewconstruction,certain additions,andmajorrenovations,withrequirementsaboveandbeyondthestateenergycode;andWhereas,the ECS is intended to advance bestpracticesinthedesignofaffordablebuildingsthatdeliverreducedGHGemissionsandtoprovidearapidbutorderlytransitiontobuildingsthatdonotusefossilfuelson-site for major buildingenergyneeds,suchasspaceheatingandhotwaterheating,by 2026;andWhereas,the 2014 Town of Ithaca ComprehensivePlanrecommendsadoptingabuildingcodetorequireallnewconstructionprojectsandmajorrenovationstoincorporategreenbuildingtechniquesandachievespecificenergyefficiencystandards;andcbtWhereas,the Comprehensive Plan includes thefollowingguidingprinciple:TheTownenactsandimplementspoliciesandregulationsthatintegratesustainabilityandclimateprotectionintobuildingandconstructionpracticesandlanduseplanning;and :ReLesRYeMA?des)
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 Action or Project:
Local Law Amending Town Code Chapter 270,Zoning,Regarding Accessory Buildings in Side Yards in Certain Zones
Project Location (describe,and attach a location map):Accessory buildings in Conservation (C),Low Density Residential (LDR),
Medium Density Residential (MDR),and High Density Residential (HDR)Zones.
Brief Description of Proposed Action:
The proposed local law amends Town Code Chapter 270,"Zoning,"to allow accessory buildings (except garages)in side yards in certain residential
zones,with height and area limitations.
Specifically,the local law:
1.Permits accessory buildings up to 12 feet tall in a side yard in C,LDR,MDR,and HDR Zones,
2.Allows the cumulative footprint for accessory buildings in the side yard to not exceed 400s.f.,350s.f.,200s.f.,and ISOs.f,respectively,
3.Deletes the definition and special provisions associated with woodsheds,and treats them like any other accessory building (except a garage).
The Zoning Board of Appeals (ZBA),via resolution dated 6/25/25,requested that the Town Board consider modifying the Town Code due to the large
volume of variance requests to allow accessory buildings in side yards in residential zones throughout the years.
Name of Applicant or Sponsor:Telephone:607-273-1721
Town of Ithaca Town Board E-Mail:rhowe@townithacany.gov
Address:
215 North Tioga Street
Zip Code;
14850
State:City/PO:
Ithaca NY
1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance,
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.
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:
YESNO
✓
a.Total acreage of the site of the proposed action?
b.Total acreage to be physically disturbed?
c.Total acreage (project site and any contiguous properties)owned
or controlled by the applicant or project sponsor?
3,acres
acres
acres
4.Check all land uses that occur on,are adjoining or near the proposed action:
5.□Urban □Rural (non-agriculture)D Industrial Q Commercial O Residential (suburban)
n Forest Q Agriculture
I I Parkland
I I Aquatic □Other(Specify):
Page 1 of 3 SEAF 2019
<
NOTEiThe proposal involves only a legislative action so questions on this page are not required to be answered.
5.Is the proposed action,N/ANOYES
a.A permitted use under the zoning regulations?
b.Consistent with the adopted comprehensive plan?
NO YES
6.Is the proposed action consistent with the predominant character of the existing built or natural landscape?
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
NO YES
Will the proposed action result in a substantial increase in traffic above present levels?a.
b.Are public transportation services available at or near the site of the proposed action?
c.Are any pedestrian accommodations or bicycle routes available ort or near the site of the proposed
action?
9.Does the proposed action meet or exceed the state energy code requirements?NO YES
If the proposed action will exceed requirements,describe design features and technologies:
10.Will the proposed action connect to an existing public/private water suj^ly?NO YES
If No,describe method for providing potable water:
11.Will the proposed action connect to existing wastewater utilities?NO YES
If No,describe method for providing wastewater treatment:
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?
NO YES
b.Is the project site,or any portion of it,located in or adjacent to an area designated as sensitive for
archaeological sites on the NY State Historic Preservation Office (SHPO)archaeological site inventory?
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?
NO YES
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:
Page 2 of 3
NOTE:The proposal involves only a legislative action so questions on this page are not required to be answered.
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?
YESNO
16.Is the project site located in the 100-year flood plan?NO YES
YESNO17.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 lltft 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:
YESNO
19.Has the site of the proposed action or an adjoining proper^Wen the Ionian of an active or closed solid waste
management facility?
If Yes,describe;
NO YES
20.Has the site of the proposed actic®or an adjoining property IsWBi the wbject of remediation (ongoing or
completed)for hazardous waste?
If Yes,describe;._
NO YES
1 CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF
MY KNOWLEDGE
l>-/n 3-5RodH6we,Town of Ithaca Town Board Date:Applicant/sponsor/name:
Title:Town SupervisorSignature:
PRINT FORM Page 3 of 3
Agency Use Only [If applicable]
Project:Acc Bigs in side yards 2025
Date:December 8,2025
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?”
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 inffastmcture 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?✓
Page 1 of2
Agency Use Only [If applicable]
Project:[acc Bigs in side yards
Date:December 8,2025
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.
The proposed local law amends Town Code,Chapter 270 -Zoning,to allow accessory buildings to be placed in the
side yard in certain residential zones.The law also allows for those accessory buildings to be up to 12 feet In height,
and a cumulative maximum of 400s.f.in area (C Zone),350s.f.in area (LDR Zone),200s.f.in area (MDR Zone),and
ISOs.f.in area (HDR Zone).Finally,the local law deletes the specific provisions pertaining to woodsheds,so they
will be addressed like any other accessory building (except a garage).
The existing Town Code limits the location of accessory buildings other than garages to rear yards only.The Code
allows Accessory Dwelling Units (ADU's)up to 20 feet tail and 700s.f.in area to be located in the side yard in C,LDR,
MDR,and HDR Zones.The Code also allows one-story garages up to 780s.f.in area In the side yard in those same
zones.The proposed local law will allow buildings in the side yard that are much smaller and shorter than a garage
or ADU.
The Zoning Board of Appeals (ZBA)requested that the Town Board consider amending the Code because
throughout the years,the ZBA has received large volumes of variance requests to permit accessory buildings in
side yards in residential zones.The proposed local law will allow for such buildings in the side yard;and the
proposed height and area limitations are reflective of the sizes and heights of typical accessory buildings and the
buildings the ZBA has seen over the years.
Based on the above,the proposed amendments are not expected to have significant negative environmental
impacts relative to the intensity of the use of land,community character and aesthetics,traffic,energy usage,
utilities,historic or archaeological resources,natural resources,erosion,drainage,or flooding,or public health.
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._
Town of Ithaca Town Board
✓
'Date
Town Supervisor
Title of Responsible Officer
Christine Balestra,Planner
2^t
Name of Lead Agency
Rod How 5
:spffln:ible Officer in Lead Agency0,
Signature of Preparer (if different from Responsible Officer)f^onkble Officer in Lead Agency
Page 2 of2