HomeMy WebLinkAboutTB 2024-092 Adopt LL 8 of 2024 exempting Town InfrastructureMEETING OF THE ITHACA TOWN BOARD
September 9, 2024
TB Resolution 2024 – 092: Adoption of Local Law 8 of 2024 Amending Chapter 270 (Zoning) of the Town of Ithaca Code exempting all Town of Ithaca-owned water and sewer infrastructure
from zoning requirements
Whereas, providing municipal water and sewer service is a vital part of the Town’s function, and ensuring quality and reliable infrastructure is essential for the community’s quality
of life and wellbeing, and
Whereas, the Town has a large amount of existing Town-owned water and sewer infrastructure in place, and the Town’s options relative to the locations of new or modified Town-owned water
and sewer infrastructure are significantly constrained because of the interconnections between, and interdependence of, the various water and sewer system components, and
Whereas, current Town Code zoning requirements is silent as to whether certain requirements apply to Town-owned sewer infrastructure, which has resulted in the requirement for certain
components of the sewer infrastructure to obtain variances from the Zoning Board of Appeals and/or site plan approvals from the Planning Board, and
Whereas, discussions concerning the possibility of exempting Town-owned utility infrastructure (specifically sewer) from approval processes were had by the Planning Committee during
their regular meeting on August 15, 2024, and the conclusion by the Committee was to recommend changing the Town Code in accordance with the 7/31/2024 memorandum regarding amending Town
Code Section 270-230.2 provided by Director of Engineering David O’Shea, and
Whereas, at its meeting on August 26, 2024, the Town Board of the Town of Ithaca discussed a proposal for exempting Town-owned water and sewer infrastructure projects from Town Zoning
provisions and subsequently a local law regarding said proposal was scheduled for a public hearing to be held by the Town Board on September 9, 2024 at 5:30 p.m. to hear all interested
parties on the proposed local law entitled “A Local Law Amending Chapter 270 (Zoning) of the Town of Ithaca Code exempting all Town of Ithaca-owned water and sewer infrastructure from
zoning requirements,” and
Whereas, notice of said public hearing was duly advertised in the Ithaca Journal, and
Whereas, said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf
of or in opposition to said proposed local law, or any part thereof, and
Whereas, pursuant to the New York State Environmental Quality Review Act (“SEQRA”) and its implementing regulations at 6 NYCRR Part 617, adoption of said local law is an Unlisted Action
for which the Town Board of the Town of Ithaca, acting as lead agency in an environmental review with respect to adoption of this local law, has, on September 9, 2024, made a negative
determination of environmental significance, after having reviewed and accepted as adequate a Short Environmental Assessment Form Parts 1, 2 and 3, now, therefore, be it
Resolved, that the Town Board adopts Local Law 8 of 2024 entitled “A Local Law Amending Chapter 270 (Zoning) of the Town of Ithaca Code exempting all Town of Ithaca-owned water and sewer
infrastructure from zoning requirements, and
Moved: Rich DePaolo Seconded: Rod Howe
Vote: ayes – DePaolo, Howe, Gutenberger, Levine and Johnson
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