HomeMy WebLinkAboutTB 2023-011 Adopt LL 1 of 2023 ECS amendmentsMEETINGOF THE ITHACA TOWN BOARD
January 9, 2023TB Resolution 2023 – 011: Adoption of a Local Law Amending Chapter 144 to the Town of Ithaca Code, Titled “Energy Code Supplement”
Whereas, on June 14, 2021, the Town Board adopted Local Law 5 of 2021: A Local Law Adding Chapter 144 to the Town of Ithaca Code, Titled “Energy Code Supplement;” and
Whereas, on April 25, 2022, the Town Board adopted Local Law 8 of 2022: A Local Law Amending Chapter 144 of the Town of Ithaca Code, Titled “Energy Code Supplement;” and
Whereas, the Energy Code Supplement (ECS)is a local energy code supplement for all new construction, certain additions, and major renovations, with requirements above and beyond the
state energy code that become more stringent over time;and
Whereas, the ECS became more stringent on January 1, 2023, and due to the updated regulations, the Town will need to refile the ECS with New York State in January; and
Whereas, Town staff has developed three amendments in collaboration with the City of Ithaca and proposes adopting these amendments in conjunction with the refiling; and
Whereas, one amendment is a small change to OP1, Development Density, which will make dormitories eligible for this point, which was the original intent; and
Whereas, the second amendment increases the number of points available for OP3, Electric Vehicle Parking Spaces, and makes each point easier to earn, which is in alignment with the doubling
of the Efficient Electrification points which went into effect on January 1, 2023; and
Whereas, the third amendment, which includes changes to the Floor Area and Major Renovation definitions, along with the creation of a Heating Plant definition, is meant to clarify and
avoid potential future issues related to the definition of Major Renovation, which uses the other two terms being changed; and
Whereas, at two meetings of the Town Codes and Ordinances Committee (COC),staff gave presentationson the proposed amendments to theEnergy Code Supplement, answered questions, and heard
comments,and on December 14, 2022, the COC recommended that the Town of Ithaca adopt the proposed amendments to the ECS; and
Whereas, at the December28, 2022,Town Board meeting,the Board received an update on the proposed amendments to the ECSand was giventhe opportunity to discuss, ask questions and offer
suggestions on the proposal; andWhereas, a public hearing was scheduledfor January9, 2023, at 5:30 p.m., to hear all interested parties on theproposed local law entitled: A Local Law
amending Chapter 144to the Town of Ithaca Code, Titled “Energy Code Supplement;” and
Whereas, notice of the public hearing was duly advertised in the Ithaca Journal; and
Whereas, the public hearing was duly held on the date and time and all parties were permitted an opportunity to speak on behalf of or in opposition to the proposed local laws, or any
part of them; and
Whereas, pursuant to the New York State Environmental Quality Review Act (“SEQRA”) and its implementing regulations at 6 NYCRR Part 617, adoption of the local law is anUnlisted Action
for which the Town Board of the Town of Ithaca, acting as lead agency in anenvironmental review with respect to adoption of thislocal law, has, on January9, 2023, made anegative determination
of environmental significance, after having reviewed and accepted asadequate the Short Environmental Assessment Form Parts 1, 2 and 3; and
Whereas,the Town Board finds that the amendments to the ECS, and the type of development it enables will further the health, safety, and general welfare of the community and are in accordance
with the Comprehensive Plan; nowtherefore, be itResolved, that the Town Board of the Town of Ithaca hereby adoptsLocal Law 1 of 2023: A Local Law Amending Chapter 144 to the Town of
Ithaca Code, Titled “Energy CodeSupplement.”
Moved: Bill GoodmanSeconded: Eric Levine
Vote: ayes – Levine, Rosen, Bleiwas, Howe, Johnson, DePaoloand Goodman