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HomeMy WebLinkAboutCOC Packet 2016-03-09o�OFIT,s9c TOWN OF ITHACA 1B 21 215 NORTH TIOGA STREET, ITHACA, N.Y. 14850 TOWN CLERK 273-1721 PUBLIC WORKS 273-1656 PARKS 273-8035 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273-1704 3/3/16 TO: Codes and Ordinances Committee: William Goodman, Chair Patricia Leary Eric Levine Eva Hoffmann Bill King Yvonne Fogarty FROM: dristine Balestra, Planner RE: Next Codes and Ordinances Committee Meeting - Weds. March 9.2016 The next meeting of the Codes and Ordinances Committee is scheduled for Wednesday, March 9, 2016 at 6:30pm. A quorum of the Town of Ithaca Town Board may be present at this meeting. However, no official Town Board business will be conducted. The meeting will be held in the Town Hall at 215 North Tioga Street in the Aurora Conference Room, located in the rear of the building. Please access through the rear entrance from the parking lot. The attachments include: • Draft minutes from the February 10, 2016 COC meeting • Memo from Susan Ritter, dated March 2, 2016 and revised draft Local Law titled "A Local Law Amending The Town Of Ithaca Code, Chapter 270 Entitled 'Zoning,' To Revise Provisions Related To Solar Facilities," dated March 3, 2016 • Draft Art Mural Provisions - Discussion draft for March 9, 2016 COC meeting • A copy of Portland, Oregon's Mural regulations • Final 2016 COC Work Plan- focus areas in purple, based on 2/10/16 discussion If you cannot attend this meeting, please notify Sandy Polce as soon as possible at 273- 1747. Att. cc: Susan H. Brock, Attorney for the Town Susan Ritter, Director of Planning Bruce Bates, Director of Code Enforcement Sandy Polce, Senior Typist Paulette Terwilliger, Town Clerk Lori Kofoid, Administrative Assistant (email) Town Board Members (email) Steve Williams, Code Enforcement Officer (email) Martin Kelly, Code Enforcement Officer (email) Chas Bruner, Code Enforcement Officer (email) Dan Tasman, Senior Planner (email) Michael Smith, Senior Planner (email) James Weber, Director of Public Works (email) Media TOWN OF ITHACA CODES AND ORDINANCES COMMITTEE 215 North Tioga Street Ithaca, New York 14850 (607) 273-1747 Meeting of March 9. 2016 - 6:30 P.M, AGENDA Member comments/concerns. 2. Approval of February 10, 2016 COC minutes. Review and Discussion of memo from Susan Ritter, dated March 2, 2016, along with a revised draft Local Law titled "A Local Law Amending The Town Of Ithaca Code, Chapter 270 Entitled 'Zoning,' To Revise Provisions Related To Solar Facilities," dated March 3, 2016. 4. Review and Discussion of Draft Art Mural Provisions (Discussion draft for March 9, 2016 COC meeting). 5. Other Business. Continued Discussion of COC Work Plan - focus areas. :• Next meeting date tentatively scheduled for Anril 13. 2016. Town of Ithaca Planning Department March 3, 2016 TOWN OF ITHACA CODES AND ORDINANCES COMMITTEE Meeting of February 10, 2016 6:30 P.M. - 8:32 P.M. Minutes Present: Bill Goodman, Chair; Eric Levine, Pat Leary, Yvonne Fogarty and Bill King. Staff: Bruce Bates, Director of Code Enforcement; Susan Ritter, Director of Planning; Paulette Terwilliger, Town Clerk and Susan Brock, Attorney for the Town Absent: Chris Balestra and Eva Hoffmann Guests: Raija Bushnell, representative from Renovus Energy 1. Member comments/concerns. Bill G. distributed a letter from Claire Forest, Forest Family Farm, regarding chickens that was given to the Town Board recently, and reminded the committee that the topic would be discussed at a future meeting. 2. Annroval of lanuary 13.2016 COC minutes. Minor changes made to the draft minutes. Moved by Eric, seconded by Pat; unanimous. 3. Review and discussion of February 3.2016 draft local law titled "A Local Law Amending the Town of Ithaca Code. Chanter 270 entitled "Zoning" to revise urovisions related to solar facilities. Bill G. noted the different colors on the new draft which indicated the following: Susan Brock's questions in yellow highlight, changes that were already made in red text and questions we didn't get to last time in teal highlighting. Below is the committee discussion, along with any changes that were made to the draft law: Pg. 1- Whether to use a table to summarize general requirements in the law. Sue Ritter stated that she had started drafting a table and that she believes there are enough elements to the law that a table will be helpful. Pg. 3 Solar -thermal and whether thermal systems can be ground mounted and should have the same scale restrictions. Susan stated that she did some research and discovered that thermal systems can be ground mounted. Bill K. stated that they are very uncommon in any great size. The representative from Renovus thought it was reasonable to apply the same restrictions. Sue thought allowing them as an accessory use under "E" could cover the thermal systems as well. The Renovus representative asked about the 2.5 megawatt threshold in "F.1) c.", wondering what the concern was. This started a discussion about 2.5 MW and Susan stated that if larger systems are going to be allowed, there should be more categories for over 2.5 MW systems or the law should state greater than 2.5MW needs - whatever the committee decides. Discussion followed on really large scale solar proposals, their likelihood and how to address them. Bill K. stated that is seems the committee is really concerned with the square footage of installations, not the wattage and as the technology gets better and better, the wattage may be a restriction that isn't necessary. Sue expressed concern noting that more communities use the wattage figure and she had focused on those, while the area figures were not as well thought out. Discussion followed and the committee understood that concept and agreed that the law should base the system thresholds on size, not power. COC Minutes 2-10-2016 pg. 1 The committee moved to "F. 2)." standards and whether the size limitations listed were for the panels or the entire footprint of all pieces necessary. The committee felt the limitations should consider the entire footprint, including the space between the panels and supports etc. Sue did not understand the term "park set -aside areas" and she didn't understand the connection to subdivision approval. Some discussion followed. Bill G. marked this seciton with a question mark for the committee to consider later. Pg. 4 - the committee turned to the teal highlighted sections in the law and, under "3).a. Small Scale Photovoltaic Solar Energy System Standards," removed the term "or ROW" at the end of the sentence. Discussion on "3).b.[1] Medium Scale Photovoltaic Solar Energy System Standards," allowing them as principal or accessory uses in the various zones. Committee decided add OPC to "ii." So the medium scale systems would be permitted as principal uses as well as accessory uses in that zone. F.3).b.[2]- setbacks and clarifying what "adjacent zone" means. Sue responded that if the system was in a residential zone, it would require 60-foot side and rear yard setbacks, but if the lot immediately adjacent is in a commercial zone or other non-residential zone, then the required side and rear yard setback would be 30 feet. Susan Brock offered to figure out a way to express the concept more clearly. Under the same item, regarding placement in front yards - again, use front "lot line" and not the road edge, to be consistent with the previous change. F.3).b.[4]ii.- Design standards, Landscape buffer, Medium scale systems - The committee engaged in a very lengthy discussion on whether or not to require any shrubbery or landscaped buffers at all for solar systems and their related fences. The committee understood that the intent of the requirement would be to soften the look of a medium scale system, not necessarily completely conceal it. The Renovus representative advocated for not mandating landscaping and expressed concern that this would impose higher costs creating a potential hardship for nonprofit organizations and municipal projects where funding is limited. They would be forced to move the project back on the lot, beyond the required setback, to avoid the mandate. Through the lengthy conversation, it was noted that the town did not require plantings or landscaping to screen other unattractive fences in the town. The manufacturer or insurance companies are the ones that require the fences around solar systems. The committee was leaning toward not requiring screening of solar systems or fences related to such systems. Sue thought that the biggest concern would be the setback distances. The committee looked at the draft large scale standards and the measurement standard in the setback section of F.3).c.[2] should apply to all system sizes. The Renovus representative was concerned about the requirement of notifying the fire department at the time of site plan, because those details wouldn't be firm enough to show the Planning Board. Bruce thought the state codes would cover the concerns about the fire department but a call simply alerting them that one is going up as a courtesy would be fine. COC Minutes 2-10-2016 pg. 2 Pg. 5 - F.3).b.[4]i. Design standards, Fencing, Large scale systems -Sue had pictures of animal friendly fencing which includes an opening at the bottom at certain intervals to allow small animals through. This type of fencing would address concerns related to blocking wildlife corridors. Pat suggested rewording from "wildlife 'friendly' to "fencing that allows small animal and reptiles"? Leaving this determination up to the Planning Board made sense to the committee. F.3).c.[4]iv. Roads: What is the intent of "material appropriate to the site?" Sue responded the intent is to keep the road as small as possible. Committee decided to remove the line "constructed of a material appropriate to the site and" so the sentence would read: "Roadways within the site shall be designed to minimize...." F.3).c.[5] Areas of Potential Sensitivity - Susan noted that this was not a term that was defined in the Code. Discussion followed. Committee will think about any areas that should be added to the list. F.3).c[6] ii. Decommissioning - Cessation of activity - Make this text consistent with the text noted for the other solar system size sections. The committee ended their review of the draft law. Bill G. requested that staff provide a new draft with all the changes so far incorporated for review at the next COC meeting. 4. Review and discuss draft 2016 COC. Work last. The committee went through the draft 2016 Work Plan, starting at the top, with the "Regulations in Process" section. Bill G. moved the "Campfire" provisions to the bottom of the list. The rest of the items in this section seemed to be winding up or could be easily finished. Regarding chickens, guineas, and other fowl, Bill G. suggested that the COC and the Town Board take a field trip to some of the properties in the town that currently have roosters and guinea hens to get a perspective on the noise that these animals generated. Bill canvassed the committee to see who would be available for a field trip and when they would be most available. Yvonne stated that she'd be most available every day after work except for Thursdays. No one else from the committee provided their availability for a field trip. Bill G. asked members their opinions on what should be prioritized on the Work Plan. None of the committee members responded, but Bruce thought that the tree preservation law was becoming important. Sue expressed interest in revising some basic elements of the Subdivision Regulations, including the cluster provisions, and thought staff could prepare recommendations in a few months. Bruce also noted that the Knox box regulations under "Amending Provisions in Town Code, Various Chapters" might be an easy one that he could deal with pretty quickly. 5. Other Business. Bill G. stated that he would like to wrap up the solar draft law at the next meeting and also discuss in more detail the Work Plan items the committee should focus on. Next Meeting: April 13, 2016. COC Minutes 2-10-2016 pg. 3 PLANNING DEPARTMENT MEMO To: Codes and Ordinance Committee From: Susan Ritter, Director of Planning J Date: March 2, 2016 Subject: Suggested Modification to COC Draft Solar Law Recent changes to proposed draft solar law have me thinking about the proposed size thresholds of the ground mounted solar energy systems and their potential impacts and appropriateness for certain zones. I would like the COC to consider modifications related to the ground mounted systems size categories and have provided a proposal as described below. At the February COC meeting, the committee modified the size categories for the three ground mounted solar systems by removing thresholds related to electric power output and instead relying solely on the solar system area footprint as the regulation threshold. In addition, the COC removed landscape requirements for the medium scale ground mounted systems, finding it difficult to establish standards for spacing and plant types. The original purpose of having a medium scale category was to provide a threshold range above the small scale systems (typical for single family residential use), where potential impacts from the increased footprint size could be addressed through wider setbacks and some sort of screening requirements, rather than through site plan approval. The medium scale category was anticipated as serving the energy needs of small multi -family residential developments and small commercial uses. The upper threshold for the medium scale system is now proposed as a 15,000 square feet area footprint. This is equivalent to the minimum lot size in the Town's Medium Density Residential (MDR) zone. In examining this footprint size in different settings and coupling this with the possibility that there may also be metal perimeter fencing for some installations, I am concerned that aesthetic impacts and neighborhood incongruity may arise, particularly in residential settings. As drafted, the law allows medium scale systems as an accessory use in the MDR (medium density), HDR (high density), MR (multiple residential), and MHP (mobile home park) zones. To help COC members visualize 15,000 square feet and other variable sizes, staff has prepared aerial maps. These aerial maps have been individualized for each COC member, the thinking being that COC members are most familiar with their own yards and that of their neighbors and this familiarity would create a better understanding of on the ground linear and area measurements. My impression is that in certain situations, a solar system of 15,000 sq. ft., without any screening, is going to create conflict with neighboring parcels. To mitigate potential impacts, I offer the following options for consideration: Option a - require site plan approval for Medium Scale Solar Energy Systems in residential zones, but not in non-residential zones; Option b - eliminate the Medium Scale System size and just have two categories: Minor/Small Scale - no site plan approval required; - includes Small Scale Solar Energy Systems - increase the area threshold footprint to around 5,000 square feet. Maior/ Larae Scale - site plan approval required; - includes solar facility footprint size up to 10 acres. Other considerations: Maximum building area requirements exist for all town zones and range from 10% to 30% of the lot area. How do ground mounted solar systems factor into this? Some communities have maximum lot coverage figures to address solar facilities. Ex. Town of Geneva, NY for all sizes: "The total coverage of all buildings and structures on a lot, including freestanding solar panels, shall not exceed 50%. Ex. Town of Ulysses, NY, for major installations: The total coverage of all collectors (excluding the space in between), buildings and equipment on a lot shall not exceed 50%. For minor installations: "...when combined with all other buildings and structures on the lot, shall not exceed the maximum lot coverage for the zoning district plus ten (10) percent. Ex. Town of Southhampton, NY, for large scale: "installations shall be subject to regulations concerning the bulk and height of structures, lot area, and setbacks as specified with the appropriate section of the Code, open space, parking and building coverage requirements." - The draft proposed law uses the following language to define the threshold: "maximum solar facility footprint greater than X sq. ft". An alternative, and possibly simpler wording is as follows: "a solar facility that occupies more than X sq. ft.". - COC should confirm the proposed 150 foot setback for solar facilities permitted in front yards. Normally no accessory structures are allowed in the front yard. The idea is to provide flexibility in rural settings where the house is already setback a considerable distance from the road. Is the committee comfortable with 150ft? Should it be longer? - In proposed draft law, suggest moving the individual elements from Section C.[5] - Areas of Potential Sensitivity" to Section C.[3] as a subsection of elements/locations that need to be shown on a site plan. Vs- 6,500 sq ft. ✓ footprint -- (existing) ! <, p 60'4 - - - - setback' +!- 15,000 sq ft. `. `' E7", footprint _ 4 oil — i oil S Y } March 3, 2016 draft showing changes made at 2/10/16 COC meeting TOWN OF ITHACA LOCAL LAW NO. _ OF THE YEAR 2016 A LOCAL LAW AMENDING THE TOWN OF ITHACA CODE, CHAPTER 270 ENTITLED "ZONING," TO REVISE PROVISIONS RELATED TO SOLAR FACILITIES Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 270, entitled "Zoning," of the Town of Ithaca Code, Article III, entitled "Terminology," is amended by adding the following definitions to Section 270-5, entitled "Definitions": N F 11 6111 A't'C CAPACITY r r of rL,r..�i�.., tFk UCAiG., F a P ,.,lii+' the rr�.xi:nut�-�atc� �:v,��_ __ __._ _____�,r �a���;.� p��l� g'y ;y:4CM in wa#�_ of Lti rt Cam: SOLAR FACILITY FOOTPRINT -- the maximum occupied surface area taken up by the rows of solar panels and the space between the rows. SOLAR -THERMAL ENERGY SYSTEMS -- solar energy systems that directly heat water or other liquid using sunlight. The heated liquid is used for such purposes as space heating and cooling, domestic hot water, and the heating of pool water. Section 2. Chapter 270, entitled "Zoning," of the Town of Ithaca Code, Article XXVI, entitled "Special Regulations," is amended by deleting Section 270-219.1, entitled "Solar collectors and installations," and replacing it with the following: "§ 270-219.1 Solar energy systems. A. Purpose The purpose of this chapter is to facilitate the development and operation of renewable energy systems based on sunlight, because it is in the public interest to provide for and encourage renewable energy systems and a sustainable quality of life, in accordance with the Town of Ithaca Comprehensive Plan. Solar energy systems are appropriate in all zoning districts when measures are taken, as provided in this section, to minimize adverse impacts on neighboring properties and protect the public health, safety and welfare. B. Applicability 1) The requirements of this section shall apply to all solar energy systems modified or installed after the effective date of this section. 2) Solar energy systems are permitted in all Town zones, including planned development zones, subject to the requirements described below. C. General Requirements 1) Building Permits: are required for all solar energy systems. 2) The approval and/or permit required for each type of solar energy system is shown in Table x, name below. [Once COC makes more decisions about the law's content, it will determine whether the table would be useful.) 3) Qualified Installer: All solar energy installations must be performed by a qualified solar installer, and prior to issuance of a Certificate of Compliance, must be inspected by a Town Code Enforcement Officer or by an appropriate electrical inspection person or agency, as determined by the Town. In addition, any connection to the public utility grid must be approved by the appropriate public utility. 4) Storage Batteries: When solar storage batteries are included as part of the solar energy system, they must be placed in a secure container or enclosure meeting the requirements of the New York State Building Code when in use and when no longer used shall be disposed of in accordance with the laws and regulations of Tompkins County and other applicable laws and regulations. D. Rooftop and Building -Mounted Photovoltaic Solar Energy Systems The following standards are applicable to rooftop and building -mounted photovoltaic solar energy systems: 1) Permitted in all zones. 2) No size thresholds. 3) No site plan approval is required; changes to, or the addition of, rooftop or building -mounted photovoltaic solar energy systems will not trigger site plan modification requirements. 4) Safety — No roof -mounted photovoltaic solar energy system shall be located in a manner that would cause the shedding of ice or snow from the roof into an open- porch, stairwell or pedestrian travel area. E. Solar -Thermal Energy Systems In addition to the standards in section F below,, Tthe following standards are applicable to solar -thermal energy systems: 1) Permitted in all zones as an accessory use. 2) No size thresholds. 3) No site plan approval is required; changes to, or the addition of, solar -thermal energy systems will not trigger site plan modification requirements. 4) Safety — No roof -mounted solar -thermal energy system shall be located in a manner that would cause the shedding of ice or snow from the roof into an open- porch, stairwell or pedestrian travel area. F. Additional Standards for Ground Mounted Photovoltaic Solar Energy Systems [See note in par. 2 below for the reason the phrase "Additional Standards for" was added here] 1) Ground mounted photovoltaic systems are divided into 3 size categories, as follows: a. Small Scale Ground Mounted Photovoltaic System: have a- ep�ate aimcity of 1V ItW CC w less, total solar facility footprint of 2,000 sq. ft. or less. b. Medium Scale Ground Mounted Photovoltaic System: have a capacity gr-eateF tha 10 MV M-anal lox etnn 5C IAV DC, crr a maadmum total solar facility footprint off more than 2,000 sa. ft. and less than 15.001 sq. ft. c. Large Scale Ground Mounted Photovoltaic System: have a RaMeplatll ccj�,-i.ty of at least SO kW �' and less than a 9 PAW DC or hz3 a total solar facility footprint greater than 15,000 sq. ft. 2) Standards Applicable To All Ground Mounted Photovoltaic and Ground Mounted Solar -Thermal Energy Systems: [Because this paragraph 2 now applies to all ground mounted systems, move this paragraph to right after E and re -letter it as new section F. Existing F becomes G, which contains additional standards for a subset of ground mounted systems (photovoltaic). Paragraph 2 is not moved in this draft so you can pick out the changes to its text.] a. Height: the maximum height for all ground mounted laic systems is 25 feet when system is oriented at maximum tilt. b. Lot coverage: lot coverage standards do not apply for ground mounted ^" eltaic systems. c. Installation of phewsolar energy systems are prohibited in: (i) required open space, (ii) required buffers, or (iii) park set -aside areas required as a condition of subdivision approval. d. Maintenance: The owner or operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, structural repairs and integrity of security measures. e. Abandonment: If a photovoltaic solar energy system ceases to perform its originally intended function for more than 12 consecutive months, the property owner shall remove the collectors, plates, piping, mounts and associated equipment and facilities by no later than 150 days after the end of the twelve-month period. 3) Standards Applicable To Ground Mounted Photovoltaic Systems Based on Scale Size: a. Small Scale Photovoltaic Solar Energy System Standards: [1] P' Fmitted asv� /\I 4 z Permitted in all zones as principal and accessory uses. [2] Setbacks (measured from the lot line to the closest part of the photovoltaic solar enerp'y system): i. 25 ft. minimum from side and rear yard lot lines. ii. Permitted in front yards with a minimum setback of 150 feet from the front lot line_ [3] Site plan review: Not required b. Medium Scale Photovoltaic Solar Energy System Standards: [1] Permitted Use: i. Accessory use in the following zones: MDR, HDR, MHP, MR, C, NC, CC, 99C7-PDZ. ii. Principal and accessory in the following zones: AG, LDR, LI, I, OPC. [2] Setbacks (measured from the lot line to the closest part of the photovoltaic solar enerev system): i. 60 ft. minimum from side and rear lot lines to aR ad ac-eRt that abut propertv in a residential zone. ii.30 ft. minimum from side and rear lot lines to _^ -.djaeeRt that abut orooertv in a non- residential zone. 3 iii. Permitted in front yards with a minimum setback of 150 feet from the front lot line. fead edges [COC to decide on setback for systems that are the principal use on the lot.] [3] Site plan review: i. Not required if only involves installation of the photovoltaic solar energy facility. ii. Shall be included as part of site plan approval when the photovoltaic solar energy facility is part of an overall new development plan or modification of an existing plan that triggers site plan review. [4) Design Standards: i. Fencing: When fencing is required, barbed wire shall not be utilized. [Substitute "installed" for "required"?] del -5-_N!V-� 7nV1;'/ t an[' ,CC feet „f z UbIiE Wad a 4c,:r t6Mffer of eveFgFeeR SszF01 C\� 'r~ Fa ithali b_-4nv\-Ilcd aPA rnainl.r cl -_vxy it ien Fanllcl t^ the rgad for +ii. Glare: Photovoltaic solar energy systems and other facilities shall be designed and located in order to minimize reflective glare toward any inhabited building on adjacent properties and roads. (Possibly require glare modelling analysis.) c. Large Scale Photovoltaic Solar Energy System Standards: [1] Permitted use: i. Principal and accessory uses in the following zones: AG, LDR, OPC, LI, I, PDZ. ii. Accessory use only in the following zone: MDR zone. [2] Setbacks: (measured from the Not line to the closest part of the photovoltaic solar energy system) i. 75 ft. minimum from front, rear, and side yard t,. adjaGePt lot lines that abut property in a residential zone. ii. 40 ft. minimum from front, rear, and side yard t aR adjaEe ,t-lot lines that abut propertv in a nonresidential zone. iii. roads and landscaping may occur within the setback (should fencing be allowed within the setback?). [3] Site plan review is required prior to construction, installation or modification. In addition to the requirement for site plan review per Town Code § 270-186, the following additional information is required to be submitted as part of the site plan application: i. Utility Notification: Submission of documentation from the utility company that operates the electrical grid where the installation is to be located acknowledging the photovoltaic solar energy systems will be connected to the utility grid in order to sell electricity to the public utility. Off -grid systems shall be exempt from this requirement. ii. Safety: The owner/operator shall provide evidence that a copy of the site plan application 4K4u4P4g clactn rl ochcx:xitics, haye has been submitted to the appropriate Fire Chief (Ithaca 2 Fire Department or Cayuga Heights). All means of shutting down the photovoltaic solar energy system shall be clearly marked on the site plan and building permit applications. iii. Operation & Maintenance Plan: Submission of a plan for the operation and maintenance of the facility, to include measures for maintaining safe access, operational maintenance of the photovoltaic solar energy system, and general property upkeep, such as mowing and trimming. iv. Decommissioning Plan: Submission of a decommissioning plan to be implemented upon abandonment, or cessation of activity, or in conjunction with removal of the facility to ensure that the site will be restored to a useful, and nonhazardous condition, with a time frame provided for the completion of the work. iv. Proof of liability insurance (necessary?) [4) Design Standards: i. Fencing: a) Barbed wire shall not be utilized. b) When fencing will enclose the perimeter of the site or facility, wildlife friendly fencing that allows the oassaee of small mammals and reptiles and is designed to eliminate or substantially reduce the number of iniuries and deaths to all wildlife shall be used on sites having a solar facility footprint greater than 5 acres. Exceptions can be made by the Planning Board for sites that are not in rural locations and have limited surrounding wildlife habitat. (Need to check on whether this provision is feasible per insurance company requirements for fencing.) [Deer can become entangled in certain types of fences and strangle or slowly die if they cannot free themselves. In light of this, delete the last sentence or modify it so the Planning Board may waive only the small mammal/reptile provision?] ii. Vegetation Clearing: Removal of trees and other existing vegetation shall be limited to what is necessary for the construction, operation and maintenance of the photovoltaic solar energy system. (Possibly include replacement policy for certain diameter trees to be planted elsewhere on the property or offsite.) iii. Glare: Photovoltaic -solar energy systems shall be designed and located in order to minimize reflective glare toward any inhabited building on adjacent properties and roads (Possibly require glare modelling analysis.) iv. Roads: Roadways within the site shall be F�tr.�c:��l ova rrat isp,rro7rrotc to tha cnd :hall k—designed to minimize the width and extent of roadway construction and soil compaction. v. Screening/buffering: Based on site specific conditions, including topography, adjacent structures, and roadways, reasonable efforts shall be made to minimize visual impacts by preserving natural vegetation, and providing landscape screening to abutting residential properties and roads, but should not result in shading photovoltaic solar energy systems. vi. Lighting: All lighting on the site shall comply with the Town's Outdoor Lighting Law and be limited to that required for safety and operational purposes. vii. Signage: All signage shall comply with the Town's Sign Law. a) A sign shall be displayed on or near the main access point identifying the owner and providing a 24-hour emergency contact phone number. (May want to considersign size limitations- Town of Ulysses limits this sign to 8 square feet.) b) A clearly visible warning sign concerning voltage must be placed at the base of all pad - mounted transformers and substations. c) Photovoltaic solar energy systems shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the photovoltaic solar energy system. vii. Utility Connections: Reasonable efforts shall be made to place all utility lines from the photovoltaic solar energy system underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider. [5] Pr. sv4 cf P-ct2c%*i_N! 5*,i ii43�The followine areas and resources shall be shown on a site plan and shall be given special consideration by the Planning Board during site plan review-; the felleeringi i. Unique Natural Areas and Critical Environmental Areas. ii. Properties with conservation easements or owned by a land conservation organization. iii. Historic and/or culturally significant resources. iv. Public trails. v. State and Town -owned parks vi. Within 100 feet in proximity to a freshwater wetland. vii. Prime soils and soils of Statewide Importance, as defined by the United States Department of Agriculture. The above section is tentative only. Some model laws contain consideration for sensitive lands. But does the location of these areas really need to affect the placement of solar facilities? Is this giving too much uncertainty to the process and discretion, with no guidance, to the Planning Board for the final outcome? [6] Decommissioning: i. In the event the photovoltaic solar energy system is not completed and functioning within 18 months of the issuance of the final site plan approval, the Town may notify the operator and/or owner to complete construction and installation of the facility within 180 days of the date of notification. If the owner and/or operator fail to perform, the Town may notify the owner and/or operator to implement the decommissioning plan. ii. Upen eessa icve of 3ciiv V of , eenWuEted facility for c a photovoltaic solar enerev system ceases to perform its originally intended function for more than 12 consecutive months, the owner and/or operator shall implement the decommissioning plan to include, but not be limited to: a) Removal of above -ground and below -ground equipment, structures and foundations. b) Restoration of the surface grade and soil after removal of equipment. c) Revegetation of restored soil areas with native seed mixes, excluding any invasive species. iii. If the owner and/or operator fails to fully implement the decommissioning plan within 180 days the Town may, at its discretion, provide for the restoration of the site in accordance with the decommissioning plan", --could the Town amend Property Maintenance Law to address abandoned solar facilities? There is some question of whether a Town can require financial surety to cover Town costs in dealing with abandonment. John Nolan at Pace Law Center has done some research —it may be ok to require as a site plan condition but questionable if it can be in the local law, this needs more investigation. [Sue Ritter to follow up] Section 3. If any provision of this local law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law, which shall remain in full force and effect. Section 4. This local law shall take effect immediately upon its filing with the New York Secretary of State. 7 Discussion draft for March 9, 2016 COC meeting DRAFT ART MURAL REGULATIONS [Once language is finalized, the regulations will be put in local law format and numbering will reflect addition of text as a new article in Chapter 270 Zoning] 1. Purpose The purpose of this article and the policy of the Town of Ithaca is to permit and encourage art murals on a content -neutral basis on certain terms and conditions. Art murals comprise a unique medium of expression which serves the public interest. Art murals have purposes distinct from signs and confer different benefits. Such purposes and benefits include: improved aesthetics; avenues for original artistic expression; public access to original works of art; and community building through the presence of and identification with original works of art. Murals can increase community identity and foster a sense of place if they are located at heights and scales visible to pedestrians and are retained for longer periods of time. 2. Allowed art murals Art Murals that meet all of the following criteria, and which are not prohibited by Section 3 below, will be allowed upon satisfaction of the applicable permit requirements: A. No part of the art mural shall exceed 30 feet in height. B. The art mural shall not extend more than 6 inches from the plane of the wall upon which it is tiled or painted or to which it is affixed. [Does COC want to allow 3-D objects as part of the mural?] C. The art mural shall remain in place, without alterations, for a period of five years, except as described below. The applicant shall certify in the permit application that the applicant agrees to maintain the art mural in place for a period of five years without alteration. The following shall not constitute "alteration" of the art mural within the meaning of this article: 1. Naturally occurring changes to the art mural caused by exposure to the elements or the passage of time; 2. Minor changes to the art mural which result from its maintenance or repair. Such minor changes include slight and unintended deviations from the original image, colors or materials that occur when the art mural is repaired due to the passage of time, or as a result of vandalism such as graffiti. 3. Prohibited art murals The following are prohibited: A. Art murals on residential buildings with fewer than five dwelling units. B. Art murals on any historic building, structure, facility, site or district or prehistoric site that is listed on the National Register of Historic Places, or that has been proposed by the New York State Discussion draft for March 9, 2016 COC meeting Board on Historic Preservation for a recommendation to the State Historic Preservation Officer for nomination for inclusion in the National Register, or that is listed on the State Register of Historic Places. [If COC wants to prohibit murals on historic buildings at all, does it want to expand the above prohibition to include buildings, etc. that are eligible for listing?] D. Art murals in a public right-of-way. E. Art murals for which compensation is given or received for the display of the art mural or for the right to place the art mural on another's property. The applicant shall certify in the permit application that no compensation will be given or received for the display of the art mural or the right to place the art mural on the property. For the purposes of this article, "compensation" shall mean the exchange of something of value. It includes, without limitation, money, securities, real property interest, barter of goods or services, promise of future payment, or forbearance of debt. "Compensation" does not include: 1. Goodwill; or 2. An exchange of value that a building owner (or leaseholder with a right to possession of the wall upon which the art mural is to be placed) provides to an artist, muralist or other entity where the compensation is only for the creation and/or maintenance of the art mural on behalf of the building owner or leaseholder, and the building owner or leaseholder fully controls the content of the art mural. F. Art murals which would result in a property becoming out of compliance with the provisions of Chapter 270, Zoning, or with conditions of approval imposed by the Planning Board or Zoning Board of Appeals for the development or lot on which the art mural is to be located. G. [Prohibit illuminated art murals? Or regulate illumination? Prohibit animated/changing image murals or murals containing electrical or mechanical components? ] 4. Art mural permit [these are from the Town of Ithaca's draft sign permit requirements, with some modifications] A. No art mural shall be erected or altered, unless and until an art mural permit for such work has been obtained. No art mural permit is necessary for maintenance or repair of such a mural, provided the art mural is reinstalled in the same location, and its dimensions, height, and design remain unchanged. B. Applications for art mural permits, on forms provided by the Town, shall be submitted to the Code Enforcement Officer. C. Applications shall have attached thereto the following information and material: 1. Application fee as set from time to time by Town Board resolution. 2. Information as listed on the application form. 3. Drawings at an appropriate scale that adequately show the dimensions, height and design of the art mural, details of any illumination sources, and placement of the art mural relative to the building or structure on which it is located. Discussion draft for March 9, 2016 COC meeting D. The Code Enforcement Officer shall issue a permit within 30 days after: 1. Receipt of a complete application, if the proposed art mural is in conformance with all requirements of this article and does not require action by the Planning Board or Zoning Board of Appeals, or 2. Receipt of a complete application and any necessary approvals and/or variances by the Planning Board and Zoning Board of Appeals, if the proposed art mural complies with all Planning Board and Zoning Board of Appeals approvals and/or variances and with all requirements of this article that have not been waived by the Zoning Board of Appeals. E. If an art mural authorized by a permit is not completed and in place within one year, said permit will expire. F. See Section 270-_ for permit requirements for nonconforming art murals. G. The Code Enforcement Officer shall issue a Certificate of Compliance for any art mural upon completion of the art mural installation or alteration in compliance with its permit and any Planning Board or Zoning Board of Appeals approvals. The following definition would be added to Section 270-5 Definitions in the Zoning chapter: ART MURAL -- A one -of -a -kind image that is hand -painted, hand -tiled or digitally printed directly on, or affixed directly to, an exterior wall of a building. 4.10.010 Purpose of This Title. http://www.portlandonline.com/auditor/index.cfin?c=50807&a=257806 I portlandonline • subscribe • sign In Search Auditor Hull Caballero type your search here D Home Services Calendar Publications Charter, Code & Policies Divisions Site Map News POL -. Govemment -. Elected Officials -. Auditor Hull Caballero - Charter, Code & Policies - City Code & Charter -. Online Code & Charter Title 4 � Chapter 4.10 Purpose 4.10.010 Purpose of This Title. - Printable version Title 4 The purpose of this Title and the policy of the City of Portland is to permit and encourage original art murals on a Chapter 4.10 Purpose content -neutral basis on certain terms and conditions. Original art murals comprise a unique medium of Chaoter4.12 Definitions expression which serves the public interest. Original art murals have purposes distinct from signs and confer Chaoter4.20 Allowed and Prohibited different benefits. Such purposes and benefits include: improved aesthetics; avenues for original artistic Orlainal Art Murals expression; public access to original works of art; community participation in the creation of original works of art; Chaoter4.30 Nelohborhood community building through the presence of and identification with original works of art; and a reduction in the Involvement Proq= incidence of graffiti and other crime. Murals can increase community identity and foster a sense of place and Chaoter4.40 Administrative Rules enclosure if they are located at heights and scales visible to pedestrians, are retained for longer periods of time and include a neighborhood process for discussion. Chaoter4.50 violations and Enforcement © 2015 City of Portland, Oregon Auditor Mary Hull Caballero - Services - Calendar - Publications - Charter Code & Policies - Divisions Privacy Policy - Accessibility 1 of 1 6/4/2015 9:52 AM Chapter 4.12 Definitions http://www.portiandonline.com/auditor/index.cfm?c=50808 l portlandonline • subscribe • sign In Search Auditor Hull Caballero type your search here D Home Services Calendar Publications Charter, Code & Policies Divisions Site Map News POL -. Government -. Elected Officials -+ Auditor Hull Caballero - Charter, Code & Policies -. City Code & Charter . Online Code & Charter Title 4 - Chapter 4.12 Definitions Chapter 4.12 Definitions Title 4 Table of Contents (Printable version) Chaoter4.10 Purpose 4.12.010 General. Chapter 4.12 Definitions 4.12.020 Definitions. Chapter 4.20 Allowed and Prohibited Original Art Murals 4.12.010 General. Chapter4.30 Nelohborhood Words used in this Title have their normal dictionary meaning unless they are listed in Section 4.12.020 or unless Involvement Procesg this Title specifically refers to another Title. Words listed in Section 4.12.020 have the specific meaning stated or Chanter 4.40 Administrative Rules referenced unless the context clearly indicates another meaning. Chapter4.50 violations and 4.12.020 Definitions. Enforcement A. Alteration. Any change to the Permitted Original Art Mural, Including but not limited to any change to the image(s), materials, colors or size of the Permitted Original Art Mural. "Alteration" does not include naturally occurring changes to the Permitted Original Art Mural caused by exposure to the elements or the passage of time. Minor changes to the Permitted Original Art Mural which result from the maintenance or repair of the Permitted Original Art Mural shall not constitute "alteration" of the Permitted Original Art Mural within the meaning of this Title. This can include slight and unintended deviations from the original image, colors or materials that occur when the Permitted Original Art Mural is repaired due to the passage of time, or as a result of vandalism such as graffiti. B. Changing Image Mural. A mural that, through the use of moving structural elements, flashing or sequential lights, lighting elements, or other automated method, results in movement, the appearance of movement or change of mural image or message. Changing image murals do not include otherwise static murals where illumination is turned off and back on not more than once every 24 hours. C. Compensation. The exchange of something of value. It includes, without limitation, money, securities, real property interest, barter of goods or services, promise of future payment, or forbearance of debt. "Compensation" does not include: 1. goodwill; or 2. an exchange of value that a building owner (or leaseholder with a right to possession of the wall upon which the mural is to be placed) provides to an artist, muralist or other entity where the compensation is only for the creation and/or maintenance of the mural on behalf of the building owner or leaseholder, and the building owner or leaseholder fully controls the content of the mural. D. Conservation District. A collection of individual resources that is of historic or cultural significance at the local or neighborhood level, as identified through an inventory and designation process and mapped as such in Title 33, Planning and Zoning. E. Conservation Landmark. A structure, site, tree, landscape, or other object that is of historic or cultural interest at the local or neighborhood level, as Identified through an inventory and designation process and mapped as such in Title 33, Planning and Zoning. F. Design Overlay Zones. These are areas where design and neighborhood character are of special concern. They are identified by having a "d" (Design Overlay) designation on the City's official Zoning Maps, as regulated by Title 33, Planning and Zoning. G. Grade. The lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the property line or, when the property line is more than 5 feet from the building, between the building and a line 5 feet from the building (the Uniform Building Code as amended by the State). H. Historic District. A collection of individual resources that is of historic or cultural significance at the local, state, or national level, as identified through an inventory and designation process and mapped as such in Title 33, Planning and Zoning. I. Historic Landmark. A structure, site, tree, landscape, or other object that is of historic or cultural significance, as identified through a historic landmark designation process and mapped as such on the City's inventory of Historic Landmarks. Historic Landmarks are regulated by Title 33, Planning and Zoning. 3. Original Art Mural. A hand -produced work of visual art which is tiled or painted by hand directly upon, or affixed directly to an exterior wall of a building. Original Art Mural does not include: 1. mechanically produced or computer generated prints or images, including but not limited to digitally printed vinyl; 1 of 2 6/4/2015 9:55 AM Chapter 4.12 Definitions http://www.portiandonline.com/auditor/index.cfin?c=50808 2. murals containing electrical or mechanical components; or 3. changing image murals. K. Permitted Original Art Mural. An Original Art Mural for which a permit has been issued by the City of Portland pursuant to this Title. L. Public Right -of -Way. An area that allows for the passage of people or goods, that has been dedicated or deeded to the public for public use. Public Rights -of -Way include passageways such as freeways, pedestrian connections, alleys, and all streets. © 2015 City of Portland, Oregon Auditor Mary Hull Caballero - Services - Calendar - Publications - Charter Code & Policies - Divisions Privacy Policy - Accessibility 2 of 2 6/4/2015 9:55 AM Chapter 4.20 Allowed and Prohibited Original Art Murals http://www.portlandonline.com/auditor/index.cfin?c--50809 I portiandonline • subscribe • sign In Search Auditor Hull Caballero type your search here L'J Home Services Calendar Publications Charter, Code & Policies Divisions Site Map News POL - Government -+ Elected Officials -+ Auditor Hull Caballero - Charter, Code & Policies - City Code & Charter -. Online Code & Charter . Title 4 � Chapter 4.20 Allowed and Prohibited Original Art Murals Chapter 4.20 Allowed and Prohibited Original Art Murals Table of Contents (Printable version) 4.20.010 Allowed Oriainal Art Murals. 4.20.020 Prohibited Murals. 4.20.030 Relationshio of Permitted Oriainal Art Mural to other Reaulations. 4.20.040 Exceptions to this Title. 4.20.010 Allowed Original Art Murals. (Amended by Ordinance No. 185915, effective May 1, 2013.) Original Art Murals that meet all of the following criteria and which are not prohibited will be allowed upon satisfaction of the applicable permit requirements: A. No part of the mural shall exceed 30 feet in height measured from grade. B. The mural shall remain in place, without alterations, for a period of five years, except in limited circumstances to be specified in the Bureau of Development Services Administrative Rules. The applicant shall certify in the permit application that the applicant agrees to maintain the mural in place for a period of five years without alteration. C. The mural shall not extend more than 6 inches from the plane of the wall upon which it is tiled or painted or to which it is affixed. D. In Design Overlay Zones, the mural shall meet all of the additional, objective Design Standards for Original Art Murals, as established in the Bureau of Development Services Administrative Rules. E. In the Historic Resource Overlay Zones, murals may be allowed on buildings that have been identified as non-contributing structures within Historic and Conservation Districts. These murals shall meet all of the additional, objective Design Standards for Original Art Murals, as established in the Bureau of Development Services Administrative Rules. 4.20.020 Prohibited Murals. The following are prohibited: A. Murals on residential buildings with fewer than five dwelling units. B. Murals on historic or conservation landmarks. C. Murals on buildings that have been identified as contributing structures to a historic or conservation district. D. Murals in a public right-of-way. E. Murals for which compensation is given or received for the display of the mural or for the right to place the mural on another's property. The applicant shall certify in the permit application that no compensation will be given or received for the display of the mural or the right to place the mural on the property. F. Murals which would result in a property becoming out of compliance with the provisions of Title 33, Planning and Zoning, or land use conditions of approval for the development on which the mural is to be located. 4.20.030 Relationship of Permitted Original Art Mural to other Regulations. The exemption of PCC Subsection 32.12.020 1. applies only to Original Art Murals for which a permit has been obtained under this Title and any adopted Administrative Rules. Issuance of an Original Art Mural Permit does not exempt the permittee from complying with any other applicable requirements of the Portland City Code, including but not limited to Titles 24 and 33. 4.20.040 Exceptions to this Title. Exceptions to the regulations of this Title are prohibited. Title 4 Chanter4.12 Definition% Chapter 4.20 Allowed and Prohibited Original Art Murals Chaoter 4.30 Neiahborhood Involvement Process r . = © 2015 City of Portland, Oregon Auditor Mary Hull Caballero - Services - Calendar - Publications - Charter Code & Policies - Divisions Privacy Policy - Accessibility I of 1 6/4/2015 9:57 AM 4.30.010 Establishment of Neighborhood Involvement Process for Permits. http://www.portlandonline.com/auditor/index.cfm?c=50810&a=257813 I portlandonline • subscribe • sign in Search Auditor Hull Caballero type your search here D Home Services Calendar Publications Charter, Code & Policies Divisions Site Map News POL - Government -. Elected Officials -+ Auditor Hull Caballero - Charter, Code & Policies - City Code & Charter -. Online Code & Charter Title 4 � Chapter 4.30 Neighborhood Involvement Process 4.30.010 Establishment of Neighborhood Involvement Process for Permits. - Printable Version Title 4 The Bureau of Development Services shall adopt through Administrative Rule a community involvement process Chanter 4.10 Purpose requiring an applicant for an Original Art Mural permit to provide notice of and to hold a community meeting on Chapter 4.12 Definitions the mural proposal at which interested members of the public may review and comment upon the proposed Chapter 4.20 Allnwed and Pmhltkd mural. No Original Art Mural permit shall be issued until the applicant certifies that he or she has completed the Orioinal Art Murals required Neighborhood Involvement Process. This is a process requirement only and in no event will an Original Chapter4.30 Neighborhood Art Mural permit be granted or denied based upon the content of the mural. Involvement Process Chapter 4.40 Administrative Rules Chanter 4.50 Violations and Enforcement © Cory of Portland, Oregon Privacyvacy Policy -Accessibility Auditor Mary Hull Caballero - Services - Calendar - Publications - Charter Code & Policies - Divisions 1 of 1 6/4/2015 9:58 AM 4.40.010 Administrative Rules to Be Adopted http://www.portiandonline.com/auditor/index.cfm?c=50811 &a=257814 I portlandonline • subscribe • sign in Search Auditor Hull Caballero type your search here Home Services Calendar Publications Charter, Code & Policies Divisions Site Map News POL -. Government -. Elected Officials -+ Auditor Hull Caballero - Charter, Code & Policies - City Code & Charter - Online Code & Charter + Title 4 -. Chapter 4.40 Administrative Rules 4.40.010 Administrative Rules to Be Adopted - Printable version Title 4 The Bureau of Development Services is authorized and directed to adopt and administer Administrative Rules fhanrrr d.ln Purim implementing this Title, and setting forth the substantive and procedural requirements and fees for an Original Art Chaoter4.12 Definition] Mural Permit. Such fees shall in no event exceed the actual costs of administration. Chapter 4.20 Allowed and ProhlbA2d Original Art Murals .Chanter 4.30 Neighborhood Involvement Process Chapter 4.40 Administrative Rules Chanter 4.50 Violations and Enforcement © 2015 City of Portland, Oregon Auditor Mary Hull Caballero - Services - Calendar - Publications - Charter Code & Policies - Divisions Privacy Policy - Accessibility 1 of 1 6/4/2015 9:59 AM Chapter 4.50 Violations and Enforcement http://www.portiandonline.com/auditor/index.cfm?c=50812 I portlandonline • subscribe • sign In Search Auditor Hull Caballero type your search here 51 Home Services Calendar Publications Charter, Code & Policies Divisions Site Map News POL -r Government -. Elected Officials -+ Auditor Hull Caballero -+ Charter, Code & Policies - City Code & Charter - Online Code & Charter Title 4 - Chapter 4.50 Violations and Enforcement Chapter 4.50 Violations and Enforcement Title 4 Table of Contents (Printable Version) Chaoter4.10 Purpose 4.50.010 Violations. Chaoter4.12 Definitions 4.50.020 Notice of Violations. Chaoter4.20 Aliowed and Prohibited 4.50.030 ReSDonsibillty for enforcement. oripinal Art Murals 4haoter 4.30 Nelahborhood 4.50.010 Violations. Involvement Process It is unlawful to violate any provision of this Title, any Administrative Rules adopted by the Bureau of Development Chapter 4.40 Administrative Rules Services pursuant to this Title, or any representations made or conditions or criteria agreed to in an Original Art chapter 4.50 Violations and Mural permit application. This applies to any applicant for an Original Art Mural permit, to the proprietor of a use or Enforcement development on which a permitted Original Art Mural is located, or to the owner of the land on which the permitted Original Art Mural is located. For the ease of reference in this Title, all of these persons are referred to by the term "operator." 4.50.020 Notice of Violations. The Bureau of Development Services must give written notice of any violation to the operator. Failure of the operator to receive the notice of the violation does not invalidate any enforcement actions taken by the City. 4.50.030 Responsibility for enforcement. The regulations of this Title, and the conditions of Original Art Mural permit approvals, shall be enforced by the Director of the Bureau of Development Services pursuant to Chapter 3.30 and Title 22 of the City Code. © 2015 City of Portland, Oregon Auditor Mary Hull Caballero - Services - Calendar - Publications - Charter Code & Policies - Divisions Privacy Policy - Accessibility 1 of 1 6/4/2015 10:00 AM Town of Ithaca Codes & Ordinances Committee FINAL 2016 WORK PLAN Text in purple = COC will focus attention on these items in early to mid_. 2016 Ren ations in Process: Revised Sign -Law - Committee referred to the law to the Town Board, who referred it to the various boards and committees of the town for recommendations and comments. Revised MiningProvisions - Draft mining regulations considered by the committee in 2013. Outdoor Wood Boiler PrQvi i� ons - Committee reviewed initial draft regulations in 2013. ➢ Amendments to the Town Solar orovisions -Draft regulations are being considered by the committee. Revised Regulations Pertaining to Chickens and Other Fowl - Draft regulations are being considered by the committee. New Regulations: Murals - during the Sign Law review process, it was determined that there should be a regulation on murals. To be developed. y Tree PreservationlLandsca_ping Regulations - Proposal is to develop tree protection regulations applicable to site plan and subdivision applications. Regulations would include criteria and requirements for delineation and preservation of trees in areas within and adjacent to development sites. Requirements may ultimately be folded into new proposed landscaping regulations. ➢ Consideration of Green Building Ordinance - Comprehensive Plan recommends that the Town consider adopting a building code that requires all new construction projects and more renovations to incorporate green building techniques and achieve specific energy efficiency. ➢ Wetlands Protection Ordinance - The Water Resources Council has developed a sample ordinance that the Town of Ithaca may follow and modify as appropriate. AMp.0ding EXiSfing EEQ3jSjons in Zoning Lgde. ChgptCr7 ➢ Amendments to Town Telecommunications Law- The current definition in the Town Code does not include broadband antennas. The federal government will rule whether broadband antennas are considered telecommunications equipment or not. Then, the Town can amend definitions. Amendments to Non-Conformine Structure Provisions - Town Board/COC interpretation request of §270-205 of Town Code, Expansion of Non -Conforming structures. Section states that an existing non -conforming structure cannot be "enlarged or expanded in a way that increases its non -conformity." The law is unclear in terms of modifying a legally existing non- conforming structure without physically enlarging or expanding the structure, e.g. would it increase the non -conformity to simply enclose a legally existing, non -conforming deck to create a habitable space? y Amendments to the Site Plan Modification Process/Criteria -Proposal is to update thresholds in Town Code §270-191 that identify the types/amount/etc. of modifications to an existing site plan that trigger Planning Board approval. ➢ Amendments to the Town's Fence Law - Conservation Board identified possible issues regarding fences blocking biological corridors and scenic views. Review Fence Law to determine if it inadvertently creates situations that block biological corridors and scenic views. Amending Existing Provisions in Subdivision, R.egulatjQps. Chanter 234: )o- R+ev 5g_luster Subdivision Provisi n - Committee addressed the most straightforward necessary amendments in 2013 (adopted by Town Board), but left the remaining proposed language modifications for future discussion. r Revise Subdivision Regulations For Consistencv With NYS Law. Amending Existing Provisions in Town Code. Various Chess,: Amendments to Chanter 129. Unsafe Buildings -Town Code §125-15(Removal of dangerous structures) contradicts both Town Code §129 (Unsafe Buildings) and the NYS Building Code. Amendments to Various Code Chanters- Inconsistencies in the Code concerning staff titles, references, etc. need to be identified throughout with simple corrections applied. r Amendments to Chapter 225. Town Sprinkler Law - COC to discuss additional possible clarifications and exemptions to the law for agricultural structures and other uses. Amendment s-o Town, Fire 'Code Reggrdin Lock Boxes- Knox/lock boxes are inconsistent throughout the Town Code and conflicts with NYS Building Code. Amendments to Towriatormwater Management Law - Updates required ensuring the law is consistent with NYS Law. Amendments to the Town Water and Sewer Cade - Town regulations pertaining to water and sewer refer to processes as being the "same as the City of Ithaca." Town of Ithaca no longer operates the same as the City of Ithaca. Creig Hebdon, Town Engineer, will work with Susan Brock to provide revised language for the Committee to consider. Miscellaneous: ➢ CgMp Fire Provisions - Draft regulations considered by the committee in May 2014. Some portions completed, but need to be more fully developed. 2