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HomeMy WebLinkAbout03. Bomber Heights Codes memo 7-20-2026- app memo 5-7-2026 DEPARTMENT OF CODE ENFORCEMENT 215 N. Tioga St 14850 607.273.1783 codes@town.ithaca.ny.us 7/24/26 Bomber Heights Project Plan Review Response to Comments uploaded on 7/20/26 2025 NYS Uniform Code and Town of Ithaca Code Bold lettering are responses from the Town of Ithaca Code Department based on materials uploaded to the file on 7/20/26. The underlined wording is responses from the applicant from the document titled “ 16.2 Bomber Heights-Codes Response Letter-v1 5.7.26pdf”. 1. Emergency Response Plan The emergency response plan will be reviewed for compliance with Section 1207.17 of the 2025 New York State Fire Code (NYSFC) at the time of building permit application. Additional information may be required at that stage to demonstrate full compliance. Response: The applicant looks forward to receiving these comments, and will make adjustments to the ERP in accordance with the Fire Code and recommendations from the Fire Department. 2. Stream Setback The submitted plans identify one stream setback on the subject property. Based on the information provided, no construction activity appears to be proposed within the designated setback area. This shall remain in compliance throughout the project. Response: Acknowledged. 3. Clear-Cutting Limitations (Town of Ithaca Code §270-5) The subject parcel has a total area of 62.01 acres. Clear-cutting limitations are evaluated as follows: • For the first 10 acres: 20% allowable clear-cutting = 87,120 square feet (2.0 acres) • Remaining acreage (52.01 acres): 10% allowable clear-cutting = 182,995.56 square feet (4.201 acres) • The Town of Ithaca defines clear-cutting as the removal of 50% or more of trees measuring 6 inches or greater in diameter at breast height (DBH) over any area exceeding one acre. • Sheet C100 identifies a “tree clearing and grubbing” area totaling approximately 23.16 acres. At this time, it is unclear whether this area meets the definition of clear-cutting under Town Code. Response: At this time, rather than conducting additional surveys to identify if the project is or is not in compliance with this provision of the code, the applicant has instead decided to file for an area variance, which assumes that 100% of the proposed tree clearing area meets the definition of “clear cutting”. At this time, this area variance appears to be a request for an exceedance of up to 16.959 acres additional acres of tree clearing over and above the 6.201 acres allowed by the code. TOI Response: Thank you for this information, we have received your area variance application and will schedule you after the Planning Board provides you with a preliminary site plan approval and makes a determination with respect to SEQRA. 4. A detailed tree survey shall be provided identifying all trees measuring 6 inches or greater DBH and the extent of canopy removal. This information is necessary to determine the total area of clear-cutting and whether the proposed work exceeds allowable limits, potentially requiring an area variance. Response: In lieu of the generating this tree survey; with the explicit purpose of seeking to prove the project’s compliance with the underlying code, the applicant has instead sought an area variance for up to 16.959 acres of additional tree clearing. TOI Response: Thank you for this information, we have received your area variance application and will schedule you after the Planning Board provides you with a preliminary site plan approval and makes a determination with respect to SEQRA. 5. Fire Apparatus Access and Snow Removal The Operation and Maintenance document (Page 11) indicates that snow removal will occur only after accumulation of 10 inch snow event or upon request by the Ithaca Fire Department under extenuating circumstances. • This provision does not meet the intent of the following code sections: • NYS Fire Code §503.2.3: Fire apparatus access roads shall be designed and maintained to support imposed loads and provide all- weather driving capabilities. DEPARTMENT OF CODE ENFORCEMENT 215 N. Tioga St 14850 607.273.1783 codes@town.ithaca.ny.us • NYS Property Maintenance Code §302.3: Driveways and similar areas shall be maintained in a safe condition and free of hazards. • If there was a snow event that accumulated 9” of snow and a week later there was a snow event that accumulated 7” of snow, that would essentially be 16” of snow on the fire apparatus access road, which would not be passable for emergency vehicles. • Allowing 10 inches of snow accumulation prior to removal is not acceptable for maintaining required emergency access. Based on consultation with the Ithaca Fire Department, this threshold is considered inadequate. • The snow removal plan should be revised to ensure continuous and reliable access for emergency vehicles under all weather conditions. Response: The operations and maintenance plan has been revised to read that “snow removal shall occur any time accumulation at the site exceeds 6 inches of snow. However, it should be noted, that the language proposed in the operations and maintenance plan directly mirrors that proposed, and accepted, by the Town for Carrowmoor Solar. We appreciate the Code’s office issuing a new interpretation but would like the record to show this is a deviation from previously accepted language. TOI Response: Thank you for your response. As you are aware, there have been some retirements at the Ithaca Fire Department. This is not an interpretation, but rather a judgement call with respect to safety traversing the site in the event of an emergency. Please note that we may need to review the Carrowmore agreement to ensure that the Fire Department can respond adequately and the lack of maintenance does not constitute a life safety issue for those that are on site in the event that they need medical attention or emergency responders need to be deployed to the site. 5. Wildlife-Friendly Fencing (Town of Ithaca Code §270-219.1G[a]) The project proposes perimeter fencing for a solar installation exceeding three acres, which requires the use of wildlife-friendly fencing. 1. It is unclear from the submitted materials whether the proposed fencing includes openings sufficient to allow passage of small mammals and reptiles, or whether it minimizes the risk of entanglement or injury. 2. Please provide fencing specifications, including opening dimensions and design details, to demonstrate compliance with the Town of Ithaca Code requirements. Response: The fence detail provided has been accepted as a wildlife friendly design on recently evaluated projects, namely Carrowmoor Solar, LLC. The 8’ farm fences being deployed on both projects include wildlife friendly features, including; 2” gaps from the ground throughout for passage of small mammals, usage of fixed-knot wire mesh which poses minimal entanglement risk. If the Town has a specific standard which has been determined following the acceptance of this design during previous projects, please make us aware and we will happily review that standards and apply it where appropriate. TOI Response: Thank you for your response. It appears that plan set C502 detail 8 identifies the fencing that is proposed for this project. The detail and notes appear require several items, such as, but not limited to: fixed knot wire mesh to be Bekaert solidrock pro, 12.5 gauge, class 3 galvanized, 6” vertical spacing or approved equal, and all fence wire to be 2” above ground. Please note that one design is not always approved on all projects, as each project is reviewed and considered on its own merit due to different situations that may be present for each project. To: Town of Ithaca Code Enforcement 215 N Tioga St Ithaca, NY 14850 From: Nexamp Solar, LLC. d/b/a Bomber Heights Solar, LLC 101 Summer St, Flr 2 Boston, MA 02110 RE: Bomber Heights Project – Plan Review Comments – 05/07/2026 1. Emergency Response Plan The emergency response plan will be reviewed for compliance with Section 1207.17 of the 2025 New York State Fire Code (NYSFC) at the time of building permit application. Additional information may be required at that stage to demonstrate full compliance. Response: The applicant looks forward to receiving these comments, and will make adjustments to the ERP in accordance with the Fire Code and recommendations from the Fire Department. 2. Stream Setback The submitted plans identify one stream setback on the subject property. Based on the information provided, no construction activity appears to be proposed within the designated setback area. This shall remain in compliance throughout the project. Response: Acknowledged. 3. Clear-Cutting Limitations (Town of Ithaca Code §270-5) The subject parcel has a total area of 62.01 acres. Clear-cutting limitations are evaluated as follows: • For the first 10 acres: 20% allowable clear-cutting = 87,120 square feet (2.0 acres) Remaining acreage (52.01 acres): 10% allowable clear-cutting = 182,995.56 square feet (4.201 acres) The Town of Ithaca defines clear-cutting as the removal of 50% or more of trees measuring 6 inches or greater in diameter at breast height (DBH) over any area exceeding one acre. • Sheet C100 identifies a “tree clearing and grubbing” area totaling approximately 23.16 acres. At this time, it is unclear whether this area meets the definition of clear-cutting under Town Code. Response: At this time, rather than conducting additional surveys to identify if the project is or is not in compliance with this provision of the code, the applicant has instead decided to file for an area variance, which assumes that 100% of the proposed tree clearing area meets the definition of “clear cutting”. At this time, this area variance appears to be a request for an exceedance of up to 16.959 acres additional acres of tree clearing over and above the 6.201 acres allowed by the code. 4. A detailed tree survey shall be provided identifying all trees measuring 6 inches or greater DBH and the extent of canopy removal. This information is necessary to determine the total area of clear-cutting and whether the proposed work exceeds allowable limits, potentially requiring an area variance. Response: In lieu of the generating this tree survey; with the explicit purpose of seeking to prove the project’s compliance with the underlying code, the applicant has instead sought an area variance for up to 16.959 acres of additional tree clearing. 5. Fire Apparatus Access and Snow Removal The Operation and Maintenance document (Page 11) indicates that snow removal will occur only after accumulation of 10 inch snow event or upon request by the Ithaca Fire Department under extenuating circumstances. This provision does not meet the intent of the following code sections: • NYS Fire Code §503.2.3: Fire apparatus access roads shall be designed and maintained to support imposed loads and provide all-weather driving capabilities. • NYS Property Maintenance Code §302.3: Driveways and similar areas shall be maintained in a safe condition and free of hazards. • If there was a snow event that accumulated 9” of snow and a week later there was a snow event that accumulated 7” of snow, that would essentially be 16” of snow on the fire apparatus access road, which would not be passable for emergency vehicles. • Allowing 10 inches of snow accumulation prior to removal is not acceptable for maintaining required emergency access. Based on consultation with the Ithaca Fire Department, this threshold is considered inadequate. • The snow removal plan should be revised to ensure continuous and reliable access for emergency vehicles under all weather conditions. Response: The operations and maintenance plan has been revised to read that “snow removal shall occur any time accumulation at the site exceeds 6 inches of snow. However, it should be noted, that the language proposed in the operations and maintenance plan directly mirrors that proposed, and accepted, by the Town for Carrowmoor Solar. We appreciate the Code’s ofice issuing a new interpretation, but would like the record to show this is a deviation from previously accepted language. 6. Wildlife-Friendly Fencing (Town of Ithaca Code §270-219.1G[a]) The project proposes perimeter fencing for a solar installation exceeding three acres, which requires the use of wildlife-friendly fencing. • It is unclear from the submitted materials whether the proposed fencing includes openings suficient to allow passage of small mammals and reptiles, or whether it minimizes the risk of entanglement or injury. • Please provide fencing specifications, including opening dimensions and design details, to demonstrate compliance with the Town of Ithaca Code requirements. Response: The fence detail provided has been accepted as a wildlife friendly design on recently evaluated projects, namely Carrowmoor Solar, LLC. The 8’ farm fences being deployed on both projects include wildlife friendly features, including; 2” gaps from the ground throughout for passage of small mammals, usage of fixed-knot wire mesh which poses minimal entanglement risk. If the Town has a specific standard which has been determined following the acceptance of this design during previous projects, please make us aware and we will happily review that standards and apply it where appropriate.