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HomeMy WebLinkAbout2004 Codification of the Town ARCHIVE COPY Code of the Town of Ithaca COUNTY OF TOMPKINS STATE OF NEW YORK SERIAL NO. ....1. .. .. GENERAL CODE PUBLISHERS CORP. 72 Hinchey Road Rochester,NY 14624 2004 06-01-2004 PREFACE The Town of Ithaca has, over the years, passed through a process of legislative change common to many American communities. While only a few simple laws were necessary at the time of the establishment of the Town, subsequent growth of the community, to- gether with the complexity of modern life, has created the need for new and more de- tailed legislation for the proper function and government of the Town. The recording of local law is an aspect of municipal history, and as the community develops and changes, review and revision of old laws and consideration of new laws, in the light of current trends,must keep pace. The orderly collection of these records is an important step in this ever-continuing process. Legislation must be more than mere chronological enactments reposing in the pages of old records. It must be available and logically arranged for con- venient use and must be kept up-to-date. It was with thoughts such as these in mind that the Town Board ordered the following codification of the Town's legislation. Contents of Code The various chapters of the Code contain all currently effective legislation of a general and permanent nature enacted by the Town Board of the Town of Ithaca, including revi- sions or amendments to existing legislation deemed necessary by the Town Board in the course of the codification. Division of Code The Code is divided into parts. Part I, Administrative Legislation, contains all Town legislation of an administrative nature, namely, that dealing with the administration of government, that establishing or regulating municipal departments and that affecting offi- cers and employees of the municipal government and its departments. Part II, General Legislation, contains all other Town legislation of a regulatory nature. Items of legislation in this part generally impose penalties for violation of their provisions, whereas those in Part I do not. Histories At the end of the Scheme (list of section titles) in each chapter is located the legislative history for that chapter. This History indicates the specific legislative source from which the chapter was derived, including the enactment number (e.g., ordinance number, local law number, bylaw number, resolution number, etc.), if pertinent, and the date of adop- tion. In the case of chapters containing parts or articles derived from more than one item of legislation, the source of each part or article is indicated in the text, under its title. 1 06-01-2004 ITHACA CODE Amendments to individual sections or subsections are indicated by histories where ap- propriate in the text. General References; Editor's Notes In each chapter containing material related to other chapters in the Code, a table of General References is included to direct the reader's attention to such related chapters. Editor's Notes are used in the text to provide supplementary information and cross- references to related provisions in other chapters. Appendix Certain forms of local legislation are not of a nature suitable for inclusion in the main body of the Code but are of such significance that their application is community-wide or their provisions are germane to the conduct of municipal government. The Appendix of this publication is reserved for such legislation and for any other material that the com- munity may wish to include. Disposition List The Disposition List is a chronological listing of legislation, indicating its inclusion in the publication or the reason for its exclusion. The Disposition List will be updated with each supplement to the Code to include the legislation reviewed with said supplement. Index The Index is a guide to information. Since it is likely that this publication will be used by persons without formal legal training, the Index has been formulated to enable such persons to locate a particular section quickly. Each section of each chapter has been in- dexed. The Index will be supplemented and revised from time to time as new legislation is added. Instructions for Amending the Code All changes to the Code, whether they are amendments, deletions or additions, should be adopted as amendments to the Code. In doing so, existing material that is not being substantively altered should not be renumbered. Adding new sections. Where new sections are to be added to a chapter, they can be added at the end of the existing material (continuing the numbering sequence) or inserted between existing sections as decimal numbers (e.g., a new section between §§ 65-5 and 65-6 should be designated § 65-5.1). 11 06-01-2004 PREFACE Adding new chapters. New chapters should be added in the proper alphabetical se- quence in the appropriate division or part (e.g., Part I, Administrative Legislation, or Part II, General Legislation), utilizing the reserved chapter numbers. New chapter titles should begin with the key word for the alphabetical listing (e.g., new legislation on abandoned vehicles should be titled "Vehicles, Abandoned" under "V" in the Table of Contents, and a new enactment on coin-operated amusement devices should be "Amusement Devices" or "Amusement Devices, Coin-Operated" under "A" in the Table of Contents). Where a reserved number is not available, an "A" chapter should be used(e.g., a new chapter to be included between Chapters 166 and 167 should be designated Chapter 166A). Adding new articles. New articles may be inserted between existing articles in a chap- ter(e.g., adding a new district to the Zoning Regulations) by the use of"A" articles (e.g., a new article to be included between Articles XVI and XVII should be designated Article XVIA). The section numbers would be as indicated above (e.g., if the new Article XVIA contains six sections and existing Article XVI ends with § 166-30 and Article XVII be- gins with § 166-31, Article XVIA should contain §§ 166-30.1 through 166-30.6). Supplementation Supplementation of the Code will follow the adoption of new legislation. New legisla- tion or amendments to existing legislation will be included and repeals will be indicated as soon as possible after passage. Supplemental pages should be inserted as soon as they are received and old pages removed, in accordance with the Instruction Page which ac- companies each supplement. Acknowledgment The assistance of the Town officials, particularly Town Clerk Tee-Ann Hunter, is grate- fully acknowledged by the editor. The codification of the legislation of the Town of Ithaca reflects an appreciation of the needs of a progressive and expanding community. As in many other municipalities, officials are faced with fundamental changes involving nearly every facet of community life. Problems increase in number and complexity and range in importance from everyday details to crucial areas of civic planning. It is the pro- found conviction of General Code Publishers Corp. that this publication will contribute significantly to the efficient administration of local government. As Samuel Johnson ob- served, "The law is the last result of human wisdom acting upon human experience for the benefit of the public." 111 06-01-2004 TABLE OF CONTENTS Tools for Finding Information— In addition to the municipality's legislation, this publi- cation contains tools to help locate information: table of contents, index, chapter outlines (schemes), and a disposition list. Chapters—Chapters are generally discrete pieces of legislation, but can also be made up of several individual pieces on a related topic. In that case, the individual pieces are ar- ranged into articles or parts within the chapter. The article or part titles can be found in the chapter scheme or by subject in the index. If you are familiar with a former number or title, look for it chronologically in the disposition list. Reserved Chapters—In the numbering of chapters, space has been provided for the convenient insertion, alphabetically, of later enactments. Help in selecting an appropriate number for a new chapter is available from the editor. See also the "Instructions for Amending the Code"in the Preface. Section Numbering—A chapter-related section-numbering system is employed. Each section of every item of legislation is assigned a number, which indicates both the num- ber of the chapter in which the item of legislation is located and the location of the sec- tion within that chapter. Thus, the fourth section of Chapter 6 is § 6-4. Scheme—The scheme is the list of section titles that precedes the text of each chapter. These titles are carefully written so that, taken together, they may be considered as a summary of the content of the chapter. Taken separately, each describes the content of a particular section. For ease and precision of reference, the scheme titles are repeated as section headings in the text. Page Numbers—A unique page-numbering system has been used in which each chapter forms an autonomous unit. The first page of each chapter is the number of that chapter followed by a colon and the numeral "1." Thus, Chapter 6 begins on page 6:1. By the use of this system, it is possible to add or to change pages in any chapter, or add new chap- ters, without affecting the sequence of subsequent pages. v 06-01-2004 ITHACA CODE PART I: ADMINISTRATIVE LEGISLATION General Provisions....................................................................... 1:1 Article I, Adoption of Code AppearanceTickets...................................................................... 9:1 Banking Transactions................................................................. 14:1 Compensation............................................................................ 20:1 Article I, Planning Board and Zoning Board of Appeals Conservation Board...................................................................23:1 Defense and Indemnification..................................................... 28:1 Ethics, Code of........................................................................... 32:1 Health Insurance........................................................................41:1 Ordinances,Publication of......................................................... 54:1 Records Management................................................................. 65:1 Relocation Expenses.................................................................. 69:1 Residency Requirements............................................................ 73:1 Termsof Office.......................................................................... 84:1 Article I, Supervisor TownBoard............................................................................... 89:1 PART II: GENERAL LEGISLATION AdultUses................................................................................ 100:1 Agricultural Assessments......................................................... 104:1 Animals.................................................................................... 112:1 Article I, Dog Control and Licensing Bingo........................................................................................ 121:1 Building Construction and Fire Prevention............................. 125:1 Buildings, Unsafe........................................................ ............. 129:1 Environmental Quality Review................................................ 148:1 Fees.......................................................................................... 153:1 Flood Damage Prevention........................................................ 157:1 Freshwater Wetlands................................................................ 161:1 Games of Chance..................................................................... 166:1 LockBoxes.............................................................................. 175:1 Noise........................................................................................ 184:1 Notification of Defects............................................................. 188:1 vi 06-01-2004 TABLE OF CONTENTS Numbering of Buildings .......................................................... 192:1 Parks and Recreation Areas..................................................... 200:1 Property Maintenance..............................................................205:1 SewerRents .............................................................................210:1 Sewer Use: Use of Public Sewers............................................214:1 Sewer Use: Rules, Regs. & Penalties of the Board of Public Works,City of Ithaca,NY,Re: Water Supply, Sewage Disposal &Air Conditioning................................................ 215:1 Sewer Use: Requirements for Contributors Into Joint POTW...................................................................................216:1 Sewer Use: Administration and Amendments.........................217:1 Signs......................................................................................... 221:1 Sprinkler Systems....................................................................225:1 Streets and Sidewalks .............................................................. 230:1 Article 1, Excavations in Town Streets and Highways Article II, Construction and Repair of Sidewalks Subdivision of Land.................................................................234:1 Taxation...................................................................................239:1 Article I, Senior Citizens Exemption Article II, Alternative Veterans Exemption Article III, Business Investment Exemption Article IV, Exemption for Certain Disabled Persons With Limited Income Taxicabs...................................................................................243:1 Vehicles and Traffic................................................................. 250:1 Article I,East Hills Shopping Plaza Article II, Vehicle Weight Limits Article III, Parking; Stop and Yield Intersections Water Protection...................................................................... 256:1 Part 1, Cross-Connection Control Part 2, Supplementary Cross-Connection Control WaterRates..............................................................................261:1 vii 06-01-2004 ITHACA CODE Zoning...................................................................................... 270:1 Zoning: Special Land Use Districts......................................... 271:1 APPENDIX DISPOSITION LIST INDEX viii 06-01-2004 PART I ADMINISTRATIVE LEGISLATION Chapter I GENERAL PROVISIONS ARTICLE I Adoption of Code [A local law adopting the Code of the Town of Ithaca is presently proposed before the Town Board.Upon final adoption,it will be included here as Article I of this chapter.] 1:1 06-01 -2004 Chapter 9 APPEARANCE TICKETS § 9-1.Purpose. § 9-2.Authorization to serve appearance tickets. [HISTORY: Adopted by the Town Board of the Town of Ithaca 3-12-1979 by L.L. No. 1-1979.Amendments noted where applicable.] GENERAL REFERENCES Dog control—See Ch.110. Signs—See Ch.221. Building construction and rine prevention—See Ch.125. Sprinkler systems—See Ch.225. Unsafe buildings—See Ch.129. Subdivision of land—See Ch.234. Property maintenance—See Ch.205. Zoning—See Ch.270. § 9-1. Purpose. The purpose of this chapter is to authorize public servants of the Town of Ithaca to issue and serve appearance tickets in accordance with provisions of Chapter 495 of the Laws of 1978, in connection with violations of state statutes, codes, rules and regulations and local laws, ordinances, or rules and regulations of the Town of Ithaca which the public servants are authorized or required to enforce. §9-2. Authorization to serve appearance tickets. A. Whenever any public servant of the Town of Ithaca who, by virtue of office, title or position is authorized or required to enforce any state statute, code, rule and regulation, or local law, ordinance, rule or regulation related to parking, licensing of occupations or businesses, fire prevention and safety, health sanitation, and building, zoning and planning, such public servant shall be authorized to issue appearance tickets in connection with such enforcement. B. Without limiting the foregoing, the public servants filling the following offices, titles or positions shall be authorized to enforce any state statutes, codes, rules and regulations, or local laws, ordinances, and rules or regulations within their area of authority as listed below: Title Area of Enforcement Building Inspector; Codes relating to buildings, zoning, planning, Zoning Officer environmental control, fire prevention and safety Dog Warden Enforcement of dog laws, control and regulation of dogs, including but not limited to the licensing of dogs and collection of fees 9:1 06-01-2004 § 9-2. TTHACA CODE § 9-2 Title Area of Enforcement Town Clerk The licensing of dogs and collection of fees for such licensing; the licensing of occupations or businesses Town Engineer Health and sanitation, including construction, operation and maintenance of sewer and water lines Chief Operating Officer, Health and sanitation, including construction, Southern Cayuga Lake operation and maintenance of water lines Intermunicipal Water Commission ' 1. Editor's Note:Amended at time of adoption of Code(see Ch.1,General Provisions,Art.1). 9:2 06-01-2004 Chapter 14 BANKING TRANSACTIONS § 14-L Purpose. § 14-5.Authorization regarding transfer § 14-2.Authority. of funds. § 14-3.Supersession of Town Law. § 14-6.Procedural requirements of resolutions. § 14-4.Authorization regarding withdrawal of funds. § 14-7.Imposition of conditions. [HISTORY: Adopted by the Town Board of the Town of Ithaca 3-8-1999 by L.L. No. 3-1999. Amendments noted where applicable.] § 14-1. Purpose. There are occasions when it is necessary for checks and other instruments for the withdrawal or transfer of funds from the Town's general fund account and neither the Town Supervisor nor Deputy Town Supervisor is available to sign or otherwise authorize such transactions. Accordingly, this chapter is intended to permit the appointment of other persons to effect such transactions in the absence, illness or other inability of the Town Supervisor and Deputy Town Supervisor to do so. § 14-2. Authority. This chapter is adopted pursuant to the authority contained in § 10 1(i) and, to the extent this chapter supersedes the Town Law, § 10 l(ii) d(3) of the Municipal Home Rule Law. § 14-3. Supersession of Town Law. This chapter, to the extent inconsistent with same, shall supersede the provisions of§§ 29 and 42 of the Town Law and any other provisions of the Town Law that are inconsistent with this chapter and which may be superseded by local laws enacted pursuant to the Municipal Home Rule Law sections cited above. § 14-4. Authorization regarding withdrawal of funds. The Town Board, by resolution, may authorize any Town Council person or Council persons specifically named in the resolution, and the Town Budget Officer if specifically named in the resolution, to execute checks and other instruments for the withdrawal of Town funds from any banking institution or other depository of such funds, when the Town Supervisor and Deputy Town Supervisor are absent or otherwise unable to act. 14:1 06-01-2004 § 14-5 ITHACA CODE § 14-7 § 14-5. Authorization regarding transfer of funds. The Town Board, by resolution, may authorize any employee of the Town specifically named by name and position in the resolution, to authorize the transfer (but not the withdrawal) of funds from one Town account to another Town account in the same or different depository institution. § 14-6. Procedural requirements of resolutions. No resolution permitted by this chapter shall be effective unless adopted with the consent of the Town Supervisor and, if one is appointed, with the consent of the Deputy Town Supervisor. The casting of an affirmative vote on the resolution by the Town Supervisor and/or Deputy Town Supervisor shall constitute the consent of such individual to its adoption and no further documentation of the consent of such person shall be required. § 14-7. Imposition of conditions. The Town Board may impose such conditions upon such authority as it may deem necessary or desirable to protect the Town and its funds, including a condition that the person or persons so appointed be bonded under the Town's general fidelity bond. 14:2 06-of-2M Chapter 20 COMPENSATION ARTICLE I § 20-2.Supersession of Town Law. Planning Board and Zoning Board of § 20-3.Compensation per meeting Appeals authorized. § 20-1.Legislative authority. §204•Effect on other compensation methods. [HISTORY: Adopted by the Town Board of the Town of Ithaca as indicated in article histories.Amendments noted where applicable.] GENERAL REFERENCES Subdivision of land—See Ch.234. Zoning—See Ch.270. ARTICLE I Planning Board and Zoning Board of Appeals [Adopted 2-11-1991 by L.L. No.2-19911 § 20-1. Legislative authority. This article is adopted pursuant to the authority granted by Municipal Home Rule Law § 10, Subdivision 1(ii)d(3). § 20-2. Supersession of Town Law. This article supersedes § 27, Subdivision 1, of the Town law insofar as the same may prohibit compensation of Planning Board and Zoning Board members on a per meeting or per meeting attended basis. §20-3. Compensation per meeting authorized. Notwithstanding any provision of the Town Law (including § 27, Subdivision 1) or any provision of any other general law or local law, the Town Board of the Town of Ithaca is authorized to compensate the Town of Ithaca Planning Board members and the Town of Ithaca Zoning Board of Appeals members on the basis of a stipend per scheduled meeting or per meeting attended by such members. 20:1 06-01-2004 § 20-4 ITHACA CODE § 20-4 §20-4. Effect on other compensation methods. Nothing in this article is intended to prohibit the Town Board of the Town of Ithaca from compensating said members on any other basis permitted by law. 20:2 06-01-2004 Chapter 23 CONSERVATION BOARD § 23-1.Redesignation of Advisory § 234.Membership. Council as Conservation Board. § 23-5.Officers. § 23-2.Powers and duties. § 23-6.Other procedures and reports. § 23-3.Procedures applicable to review of § 23-7.Compensation and expenses. applications. § 23-8.Legislative intent. [HISTORY: Adopted by the Town Board of the Town of Ithaca 4-12-1993 by L.L. No. 4-1993. Amendments noted where applicable.] GENERAL REFERENCES Environental quality review—See Ch.148. Zoning—See Ch.270. subdivision of land—See Ch.234. §23-1. Redesignation of Advisory Council as Conservation Board. The Town of Ithaca Conservation Advisory Council is hereby redesignated as the Town of Ithaca Conservation Board (hereinafter referred to as the "Board") to assist the Town of Ithaca in the development of sound open space planning and assure preservation and protection of natural and scenic resources. §23-2. Powers and duties. The Board shall have the following powers and duties: A. Those powers and duties set forth in General Municipal Law § 239-y except as modified below. B. The Board shall review applications (such as, for example, applications for rezoning, subdivision approval, site plan approval, special approval, fill permits or variances) received by the Town Board, Planning Board, Zoning Board of Appeals, or other administrative body, which seek approval for the use or development of any open area identified in the Index and which application involves property or a project that is: (1) A Type I action under the New York State Environmental Quality Review Act'and related regulations; or (2) Within or contiguous to a critical environmental area or unique natural area designated by the appropriate governmental entity; or 1. Editor's Note:See Environmental Conservation Law¢8-0101 et seq. 23:1 06-01 -2004 § 23-2 TTHACA CODE § 23-3 (3) Within an Environmental Protection Overlay District and requires a special approval from the Town Planning Board or a variance from the Town Board of Appeals; or (4) Involves five or more acres of land; or (5) Would create five or more building lots; or (6) Would be reasonably anticipated (based on recognized traffic generation guides) to create 50 or more vehicle trips per peak hour. C. The Board shall review any other applications that involve land identified in the Index upon: (1) The request of the Town Planner or Town Engineer and the concurrence of the Chair of the Board; or (2) The concurrence of the Chair of the Board and the Chair of the entity receiving the application. D. The Board shall exercise any of the functions and responsibilities heretofore granted to the Conservation Advisory Council in the February 12, 1990, Town Board resolution that established such Council. E. The Board shall perform any duties assigned to it by resolution of the Town Board. F. The Board may request the assistance of the Department of Environmental Conservation in the preparation of any report. G. The Board shall notify the Department of Environmental Conservation of its establishment within 30 days of the adoption of this chapter. §23-3. Procedures applicable to review of applications. A. The Chair of the Board shall be notified of all subdivision proposals, and applications for rezonings, whether or not review is required pursuant to the provisions above, within five days of receipt of same by the Town of Ithaca Planning Department. In addition, the Chair of the Board shall be notified of any other application (special approvals, site plan approvals, variances, fill permits, etc.) for which review of the Board is required by this chapter within five days of receipt of same by the Planning Department or other appropriate Town official. B. The Board, at its option, with concurrence of the Director of Planning, may decline to perform a formal review on a specific project. [Amended 12-9-2002 by L.L. No. 10-2002] C. The Board shall have at least 15 working days to complete its review and shall submit a written report to the referring board or entity at least five working days before a project is to be considered by the applicable entity so that Board recommendations can be included in the referral entity's mailing. [Amended 12-9-2002 by L.L. No. 10-20021 23:2 06-01-2004 § 23-3 CONSERVATION BOARD § 23-4 D. Such report shall evaluate the proposed use or development of the open area in the context of the Open Space Index and the land use planning objectives of the Town. The report may make recommendations as to the most appropriate use or development of the open area and may include preferable alternative use proposals consistent with open areas conservation. E. A copy of every report shall be filed with the referring board or entity and made available for public inspection at Town Hall. [Amended 12-9-2002 by L.L. No. 10-2002] F. Adequate staff time will be allocated to the Board to assist with the review. Such time will be determined by the Director of Planning with input from the Chair of the Board and the Chair of the referring entity. G. Accurate summary records or minutes of the Board's meetings and activities shall be kept and reported to the Town Board as requested. Such records shall be made available to the public in accordance with the New York State Freedom of Information Law'and any related local laws and procedures. §234. Membership. [Amended 12-9-2002 by L.L. No. 10-2002] A. The Board shall consist of no fewer than three members and no more than nine members, appointed by the Town Board, who shall serve for terms of two years. Any person residing within the Town of Ithaca who is interested in the improvement and preservation of environmental quality shall be eligible for appointment. Each member shall be entitled to one vote. Approximately 1/2 of the initial appointments to the Board shall be made for a term of one year only, so as to create staggered terms such that approximately 1/2 of the Board shall be considered for appointment each year. Terms of office shall commence (except when filling vacancies occurring other than on December 31) January 1 and expire December 31 following the next January 1. Appointments made other than on January 1 shall be for the remaining unexpired term of the member being replaced. B. In addition, one or more associates may be appointed by the Town Board. An associate shall be entitled to participate in meetings, discussions, and activities of the Board, including its committees, but shall not have the right to make, second or vote on motions of the Board or committee of the Board. The number of associates, if any, shall be determined by the Town Board. If appointments of associates are made, the terms shall be as determined by the Town Board but shall normally be for periods commencing January 1 and expiring December 31 following the next January 1. Persons to be considered for appointment as associates shall be nominated by a majority vote of the entire Conservation Board. The rationale for having associates appointed is to allow the Board to have the benefit volunteer assistance, which would be encouraged and recognized by the honorary status of associate. Associates would be distinguished from other concerned citizens by their appointment as associates to the Board and their participation in Board business either on a temporary basis, for a specific project, or on a regular long-term basis. 2. Editor's Note:See Public Officers Law§84 et seq. 23:3 06-01-2004 § 23-5 ITHACA CODE § 23-8 §23-5. Officers. A. The Town Board shall annually appoint from the total membership of the Board a person to serve as Chair of the Board. B. The Board shall elect a Vice Chair who shall assume the responsibilities of the Chair in the absence of the Chair. C. If both the Chair and Vice Chair are absent from a meeting, the Board shall elect a temporary Chair to conduct such meeting. §23-6. Other procedures and reports. [Amended 12-9-2002 by L.L. No. 10-20021 The Board: A. Shall receive staff and clerical assistance from the Town as the Town Board, upon the advice of the Chair of the Conservation Board and the Director of Planning, may determine to be necessary or appropriate. B. May adopt its own rules, regulations, or bylaws for the conduct of its business provided that the same shall not be inconsistent with the terms of this chapter and provided further that the same shall be subject to the approval of the Town Board before they become effective. C. In order to accomplish its reviews, may create one or more committees made up of at least three of its members to which the function of reviewing development applications may be delegated. The vote of a majority of the members of such duly constituted committee shall be necessary to forward any reports or recommendations to any referring entity. §23-7. Compensation and expenses. The members of the Board shall receive no compensation for their services as members thereof but may be reimbursed for reasonable and necessary expenses incurred in performance of their duties within the appropriations made available therefor. §23-8. Legislative intent. This chapter shall be considered a resolution of the Town Board for purposes of redesignation of the Conservation Advisory Board to a Conservation Board pursuant to General Municipal Law § 239-y. To the extent that any provision of General Municipal Law § 239-x or 239-y is inconsistent with the provisions of this chapter, the terms of this chapter are intended, pursuant to Municipal Home Rule Law § 10 and other provisions of law, to supersede those provisions insofar as they pertain to the Conservation Board of the Town of Ithaca. 23:4 06-01-2004 Chapter 28 DEFENSE AND INDEMNIFICATION § 28-1. Definitions. §28-7. Rights and obligations of § 28-2. Provision by Town for legal insurers. defense of actions against § 28-8. Effect on other rights and employees. immunities. § 28-3. Employee responsibilities. § 28-9. Integration of provisions. § 28-4. Limitation of applicability. § 28-10.Applicability. § 28-5. Effect on notice required by § 28-11.Severability. other laws. § 28-12.Legislative authority and intent. § 28-6. Payments. [HISTORY: Adopted by the Town Board of the Town of Ithaca 2-7-1983 by L.L. No. 2-1983; amended in its entirety 9-8-1998 by L.L. No. 10-1998. Subsequent amendments noted where applicable.] GENERAL REFERENCES Code of Ethics—See Ch.32. Civil actions for road defects—See Ch.188. §28-1. Definitions. As used in this chapter, unless the context otherwise requires, the following terms shall have the meanings indicated: EMPLOYEE — Any Town commissioner, member of a Town board or commission, Town officer, Town employee, Town volunteer expressly authorized by the Town to participate in a publicly sponsored volunteer program, or any other person holding a Town position by election, appointment or employment in the service of the Town, whether or not compensated, but shall not include an independent contractor. The term "employee" shall include a former employee of the Town, his estate or judicially appointed personal representative. TOWN— Town of Ithaca. §28-2. Provision by Town for legal defense of actions against employees. A. Upon compliance by the employee with the provisions of § 28-3 of this chapter, the Town shall provide for the defense of the employee in any civil action or proceeding in any state or federal court arising out of any alleged act or omission which occurred or is alleged in the complaint to have occurred while the employee was acting or in good faith purporting to act within the scope of his public employment or duties including, without limitation, any civil action or proceeding arising out of any alleged act or omission in which it is alleged that the officer or employee has violated the civil rights of the claimant, petitioner or plaintiff under Sections 1981 and 1983 of the United States Civil 28:1 06-01-2004 § 28-2 TTHACA CODE § 28-2 Rights Act (42 U.S.C. §§ 1981 and 1983). Such defense shall not be provided where such action or proceeding is brought by or on behalf of the Town. B. Subject to the conditions set forth in this chapter, the employee shall be represented by the Town Attorney or an attorney employed or retained by the Town for the defense of the employee. The Town Board of the Town shall employ or retain an attorney for the defense of the employee whenever: 1) the Town does not have a Town Attorney, 2) the Town Board of the Town determines based upon its investigation and review of the facts and circumstances of the case that representation by the Town attorney would be inappropriate, or 3) a court of competent jurisdiction determines that a conflict of interest exists and that the employee cannot be represented by the Town Attorney. Reasonable attorneys' fees and litigation expenses shall be paid by the Town to such attorney employed or retained, from time to time, during the pendency of the civil action or proceeding subject to certification by the Supervisor that the employee is entitled to representation under the terms and conditions of this chapter. Payment of such fees and expenses shall be made in the same manner as payment of other claims and expenses of the Town. Any dispute with respect to representation of multiple employees by the Town Attorney or by an attorney employed or retained for such purposes or with respect to the amount of the fees or expenses shall be resolved by the court. C. Where the employee delivers process and request for a defense to the Town attorney or the Supervisor as required by § 28-3 of this chapter, the Town Attorney or the Supervisor, as the case may be, shall take the necessary steps, including the retention of an attorney under the terms and conditions provided in Subsection B of this section, on behalf of the employee to avoid entry of a default judgment, pending resolution of any question relating to the obligation of the Town to provide a defense. D. Subject to the conditions set forth in this chapter, the Town shall indemnify and save harmless its employees in the amount of any judgment obtained against such employees in a state or federal court, or in the amount of any settlement of a claim, provided that the act or omission from which such judgment or claim arose occurred while the employee was acting within the scope of his public employment duties; provided further that in the case of a settlement, the duty to indemnify and save harmless shall be conditioned upon the approval of the amount of settlement by the Town Board of the Town. The duty to indemnify and save harmless prescribed by this subdivision shall not arise where 1) the injury or damage resulted from intentional wrongdoing or recklessness on the part of the employee, or 2) with respect to punitive or exemplary damages, fines or penalties, or money recovered from an employee pursuant to § 51 of the General Municipal Law; provided, however, the Town shall indemnify and save harmless its employees in the amount of any costs, attorneys' fees, damages, fines or penalties which may be imposed by reason of an adjudication that an employee, acting within the scope of his public employment or duties, has, without willfulness or intent on his part, violated a prior order, judgment, consent decree or stipulation of settlement entered in any court of this state or of the United States. 28:2 06-01-2004 § 28-3 DEFENSE AND INDEMNIFICATION § 28-8 §28-3. Employee responsibilities. A. The duties to defend provided in this chapter shall be contingent upon a) delivery to the Town Attorney or, if none, to the Supervisor of the original or a copy of any summons, complaint, process, notice, demand or pleading within five days after the employee is served with such document and b) the full cooperation of the employee in the defense of such action or proceeding and defense of any action or proceeding against the Town based upon the same act or omission, and in the prosecution of any appeal. Such delivery shall be deemed a request by the employee that the Town provide for the employee's defense pursuant to this chapter, unless the employee shall state in writing that a defense is not requested. B. Upon entry of a final judgment against the employee, or upon the settlement of the claim, the employee shall serve a copy of such judgment or settlement, personally or by certified or registered mail, within 30 days of the date of entry or settlement, upon the Supervisor of the Town; and if the employee has complied with the provisions of this section as well as the other provisions of this chapter and § 18 of the Public Officers Law, the amount of such judgment or settlement shall be paid by the Town. §284. Limitation of applicability. The benefits of this chapter will inure only to employees as defined herein and shall not enlarge or diminish the rights of any other party, nor shall any provisions of this chapter be construed to affect, alter or repeal any provisions of the Workers' Compensation Law. §28-5. Effect on notice required by other laws. The provisions of this chapter are not in any way intended to affect the obligation of any claimant to give notice to the Town under § 50-e of the General Municipal Law, or any other provision of law. §28-6. Payments. All payments made under the terms of this chapter, whether for insurance or otherwise shall be deemed to be for a public purpose and shall be audited and paid in the same manner as other public charges. §28-7. Rights and obligations of insurers. The provisions of this chapter shall not be construed to impair, alter, limit or modify the rights and obligations of any insurer under any policy of insurance. §28-8. Effect on other rights and immunities. As otherwise specifically provided in this chapter, the provisions of this chapter shall not be construed in any way to impair, alter, limit, modify, abrogate or restrict any immunity available to or conferred upon any unit, entity, officer or employee of the Town or any right 28:3 06-01-2004 § 28-8 ITHACA CODE § 28-12 to defense provided for any governmental officer or employee by, in accordance with, or by reason of, any other provision of state or federal statutory or common law. §28-9. Integration of provisions. The benefits accorded to employees under this chapter shall be in lieu of and take the place of defense or indemnification protections accorded the same employees by another enactment, except Public Officers § 18, it being the intention that the indemnification and defenses provided pursuant to this chapter shall be coextensive with those provided under § 18 of the Public Officers Law. §28-10. Applicability. The provisions of this chapter shall apply to all actions and proceedings specified herein which have been commenced, instituted or brought on or after the effective date of this chapter. §28-11. Severability. If any provision of this chapter or the application thereof to any person or circumstance be held unconstitutional or invalid in whole or in part by any court, such holding of unconstitutionality or invalidity shall in no way affect or impair any other provisions of this chapter or the application of any such provision to any other person or circumstance. §28-12. Legislative authority and intent. This chapter is adopted pursuant to the provisions of § 18 of the Public Officers Law of the State of New York and is intended to qualify as a local law: A. Conferring the benefits of§ 18 upon the Town's employees; and B. Agreeing to be held liable for the costs incurred under the provisions of§ 18. 28:4 06-01-2004 Chapter 32 ETHICS, CODE OF § 32-1. Purpose; effect on statutory § 32-8. Land speculation. provisions. § 32-9. Inducement of violations. §32-2. Applicability. § 32-10.Claims against Town. § 32-3. Annual disclosure. § 32-11.Establishment of Local Ethics § 324. Gifts. Board. § 32-5. Confidentiality. § 32-12.Distribution of Code of Ethics. § 32-6. Conflict of interest prohibited. §32-13.Penalties for offenses. § 32-7. Recusal from voting or other §32-14.When effective. discretionary act. [HISTORY: Adopted by the Town Board of the Town of Ithaca 1-13-1992 by L.L. No. 4-1992.Amendments noted where applicable.] GENERAL REFERENCES Defense and indemnification—See Ch.28. §32-1. Purpose; effect on statutory provisions. A. The purpose of this chapter is to establish minimum standards of conduct to help ensure that the business of government is free from improper influence that may result in opportunities for private gain. The Town of Ithaca recognizes that public officials must exercise their official duties solely in the public interest, and must avoid even the appearance of conflict of interest. The standards and guidelines set forth in this chapter are intended to minimize unwarranted suspicion and to avoid potential conflicts of interest before they arise. Notwithstanding any specific omissions in this chapter, it is the responsibility of public officials to come forth with information regarding personal involvement in matters before the Town and to avoid associations or actions that may interfere with the proper discharge of their public duties. B. The rules of ethical conduct of this chapter shall not conflict with but shall be in addition to those of §§ 810 through 813 of the General Municipal Law and any other general or specific law relating to ethical conduct and interest in contracts of municipal officers and employees. However, to the extent the provisions of this chapter conflict with the provisions of §§ 810 through 813 of the General Municipal Law regarding the filing of disclosure statements and the materials to be disclosed, it is intended that the provisions of this chapter shall supersede the analogous provisions of the General Municipal Law. 32:1 06-01-2004 § 32-2 ITHACA CODE § 32-3 §32-2. Applicability. A. Unless otherwise specified, this chapter shall apply to all elected and appointed officials (hereinafter referred to as "officials") and department heads ("employees") of the Town of Ithaca ("Town"), including the Town Board (specifically including the Supervisor), Planning Board, Zoning Board of Appeals, advisory boards, and any committees and subcommittees thereof-, the Town Clerk, Receiver of Taxes, Highway Superintendent, Town Engineer, Town Planner, Zoning Officer/Building Inspector, and Town Attorney (whether paid as a Town employee or retained under separate contract or agreement).' B. For purposes of this chapter, "family" shall include an official's or employee's spouse or equivalent member of a household sharing living expenses, and any of the following, if residing with the official or employee: child, stepchild, brother, sister, parent, dependent. §32-3. Annual disclosure. A. Applicability. With the exception of members of citizens' advisory boards, this section shall apply to all Town officials and employees as defined in § 32-2. Said individuals shall file with the Town Clerk a signed disclosure statement: (1) Within 120 days of the effective date of this chapter; (2) By April 30 of each year thereafter; and (3) Within 30 days of a significant change in the information already on file, specifically including, but not limited to, the acquisition of any real property (as described below). B. Such disclosure statements shall be kept on file as public record by the Town Clerk. Public notice of the existence and availability of such file shall be made annually: (1) By legal notice in the newspaper of record; (2) By announcement by the Town Supervisor at the May Town Board meeting; (3) By notice in the first Town newsletter following the April 30 filing date; (4) By posting of notice conspicuously in Town Hall. C. Matters to be disclosed shall include holdings or associations with any or all of the following within the twelve-month period up to and including the time of filing: (1) The location of any real property within the Town of Ithaca and outside the Town contiguous to its immediate boundaries, in which the official or employee or his or her family, has whole or part ownership or any other significant financial interest [for this purpose, a "significant financial interest" shall mean an ownership interest of more than 10% or a security interest in the property (such as a mortgagee) of more than $100,000]; 1. Editor's Note:Amended at time of adoption of Code(see Ch.1,General Provisions,Art.I). 32:2 06-01-2004 § 32-3 ETHICS, CODE OF § 32-5 (2) The name of any partnership or unincorporated business (located in the State of New York or which does business in the State of New York) or unincorporated association (which does business with the Town of Ithaca), of which the official or employee or family member is a member, officer, or employee or has a significant proprietary interest (for this purpose a "significant proprietary interest" is an ownership interest of more than 10%), and a description of the nature (position, duties) of their affiliation; [Amended 9-12-1994 by L.L. No. 6-1994] (3) The name of any corporation organized for profit (located in the State of New York or which does business in the State of New York) or organized not for profit (which does business with the Town of Ithaca) of which the official or employee or family member is an officer, director, or employee, or owns or controls, individually or in combination, more than 10% of the outstanding stock, and a description of the nature (position, duties) of their affiliation; [Amended 9-12-1994 by L.L. No. 6-19941 (4) The nature of any self-employment from which the official or employee or a family member has derived gross income of more than $5,000 during the previous 12 months. D. If an official or employee practices law, is licensed by the New York State Department of State as a real estate broker or agent, practices a profession licensed by the New York State Department of Education, or is involved in a corporation or business described in Subsection C above, the disclosure statement shall include a general description of the principal subject matters undertaken in the stated practice, including the nature of the clients' businesses. This disclosure shall not include the names of individual clients. E. Interest in any contract held with the Town. §324. Gifts. A. Officials, employees, their spouse/equivalents, or any person or entity acting on their behalf may not solicit or accept monetary gifts or loans of any amount or promise thereof, or any gift, including services, entertainment, thing, or promise thereof, having a value of $75 or more, from any person or agent of a person, corporation, partnership, unincorporated association or other entity who the official or employee knows is considering or has had, within the previous 12 months, any business dealing with the Town of Ithaca that involves any discretionary act by the official or employee. B. Refreshments or meals that are provided as part of an informational presentation in a group setting or as part of a reception shall not be considered gifts under this section. §32-5. Confidentiality. Except as required by law, officials and employees may not disclose confidential information acquired during the course of their official duties or use such information to further their personal interests or the personal interest of their families. 32:3 06-01-2004 § 32-6 ITHACA CODE § 32-7 § 32-6. Conflict of interest prohibited. A. Other than acting solely on behalf of himself/herself, no official or employee may act as a representative before the Town for any entity, including boards and commissions on which the official or employee has represented the Town, that has a business dealing, including requests for rezoning, variances, legislation, bids on contracts, or any other matter before the Town during his or her term of office or employment with the Town. In cases in which an official or employee represents himself or herself on a matter before the Town, he or she will refrain from voting or otherwise taking discretionary action on the matter, as provided in § 32-7 of this chapter. B. For a period of four years after termination of his or her term of office or employment with the Town, other than acting solely on behalf of himself/herself, no former official or employee may appear before the Town, including boards and commissions on which the official or employee has represented the Town, in relation to any matter upon which he or she took any discretionary action during his or her term of office or employment with the Town, unless requested to provide information by the Town. C. A Town official shall exercise due diligence in avoiding conflict of interest when voting on matters brought before the Town by entities with whom the official is employed as a nonofficer. Any action that could reasonably be interpreted as potentially benefiting the official's career advancement, salary, or standing within an organization (e.g., a vote on a matter that falls within the official's direct purview as an employee of the entity appearing before the Town) shall be deemed a conflict of interest and subject to the provisions of§ 32-7 of this chapter. § 32-7. Recusal from voting or other discretionary act. [Amended 7-12-1993 by L.L. No. 6-1993] A. Definitions. For purposes of this section the following definitions shall apply to acts under this section: CONTRACT — Any claim, account or demand against or agreement with a municipality, express or implied, and shall include the designation of a depository of public funds and the designation of a newspaper, including but not limited to, an official newspaper, for the publication of any notice, resolution, ordinance, or other proceeding where such publication is required or authorized by law. "Contract" shall also include, for the purposes of this section, an approval or denial of a rezoning, subdivision, or variance, and shall also include a determination of environmental significance. INTEREST — A direct or indirect pecuniary or material benefit accruing to a Town of Ithaca officer or employee as a result of a contract with the Town which such officer or employee serves. For the purposes of this section a Town of Ithaca officer or employee shall be deemed to have an interest in the contract of: (1) His/her spouse, minor children and dependents; (2) A person, business, or other entity who has given campaign contributions of more than$1,000 in the aggregate during the official's last political election; 32:4 06-01 -2004 § 32-7 ETHICS, CODE OF § 32-8 (3) Business partners, or a business, association, or other entity of which the official or employee is an owner, partner, officer, director, or significant shareholder as described in § 32-3 of this chapter; and (4) A person, business, partnership, corporation, or other entity who is represented in a professional capacity (such as attorney-client or real estate broker - customer) by the official or employee or by any business, partnership, corporation or other entity of which the official or employee is an owner, partner, officer, director or significant shareholder as described in § 32-3 of this chapter. B. Prohibited actions. Whenever an official or employee is called upon to vote on, advise on, or otherwise take discretionary action on a contract before the Town in which the officer or employee has an interest, the officer or employee shall immediately declare the nature of the interest and shall refrain from taking any action or inaction that would affect the outcome of the matter. Such declaration shall be made a part of the public record concerning the matter. C. Interpretation. All instances involving the appropriateness of abstention from discussion and voting by a member of a Board by virtue of Subsection B above may be referred to the Ethics Board, who will render an opinion on the propriety of such voting within 30 days. Such interpretive opinion may be requested by any member of the Board. D. Whenever any Board member becomes aware of a possible vote in conflict with Subsection B above involving such Board member or any other Board member, he or she may raise the issue at the meeting and request the matter be referred to the Ethics Board hereafter created. §32-8. Land speculation. A. Large-scale land speculation by Town officials who are members of the Town Board, Planning Board, or Zoning Board of Appeals may be perceived as an abuse of the privilege of office. For example it is recommended that during his or her term of office and for a period of 12 months thereafter, such official, his or her spouse/equivalent, and his or her business or other entity of which the official or spouse/equivalent is an owner, partner, officer, director, or holder of controlling interest, shall not acquire real property, or any financial or development interest in real property, of more than a total of 25 acres zoned residential, or more than five acres zoned commercial anywhere in the Town of Ithaca or its contiguous boundaries, for purposes other than the official's primary residence. Land purchased in an agricultural district for agricultural use is excluded from this recommendation. A failure to comply with this section shall not be a violation of this chapter. B. During his or her term of office, no member of the Town Board, Planning Board, or Zoning Board of Appeals or his or her spouse/equivalent shall enter into a business relationship with any other member of said Boards for the purpose of buying, selling, developing, or holding real property in the Town of Ithaca or outside the Town contiguous to its immediate boundaries. 32:5 06-01-2004 § 32-9 ITHACA CODE § 32-11 §32-9. Inducement of violations. Any person who intentionally induces any official or employee to take any action or refrain from taking any action, which action or inaction violates any provision of this chapter, shall be guilty of a Class A misdemeanor, and shall be barred from doing business with the Town of Ithaca for a period of five years. §32-10. Claims against Town. Nothing herein shall be deemed to bar the timely filing by a present or former official or employee of any claim, demand, or suit against the Town on behalf of him/herself or his/her family arising out of any personal injury or property damage or for any lawful benefit, or from receiving a municipal service or benefit that is generally available to the public. §32-11. Establishment of Local Ethics Board. A. Pursuant to the provisions of §§ 810 through 813 of the General Municipal Law, as amended, the Town of Ithaca does hereby establish a local Ethics Board of five persons to review the annual disclosures and conflict of interest disclosures and cause copies of both to be filed with the Temporary State Commission on Local Government Ethics; to review annually this Code of Ethics and recommend to the Town Board any changes which it deems appropriate; to render advisory opinions on any matter of ethical conduct of Town officials and employees, on its own initiative or at the written request of any Town Board, official, employee, or private citizen. The Ethics Board shall have the power to conduct investigations, refer cases to the Town Board for consideration of whether to commence criminal prosecution, or to commence suit in the Supreme Court of the State of New York on behalf of the Town for injunctive relief to enjoin a violation or compel compliance with this chapter. The Ethics Board may establish rules for its own operations, but whether included or not, the following procedures shall pertain to its activities: (1) The Ethics Board shall state in writing the disposition of every request for opinion and every investigation it conducts, and the reasons for the disposition. All such statements and written requests shall be kept on file as public record. (2) Any changes in this chapter that are recommended by the Ethics Board shall, to the extent reasonably possible consistent with the other responsibilities of the Town Board, be discussed and acted upon by the Town Board in open session at a regular meeting within two months of the issuance of the recommendations. Any amendments to this chapter must be filed within 30 days with the Temporary State Commission on Local Government Ethics. (3) The Town Board may make available to the Ethics Board such meeting space, clerical support, and expense reimbursement as the Town Board, in its discretion and consistent with budgetary constraints, deems advisable. (4) The Ethics Board may not conduct investigations of itself or any of its members. Complaints against any member of the Ethics Board shall be made to the Temporary State Commission on Local Government Ethics. 32:6 06-01-2004 § 32-11 ETHICS, CODE OF § 32-12 B. Appointment and removal. (1) Members of the Ethics Board shall be appointed by the Town Board of the Town of Ithaca and may be nominated by any member of the public. (2) Ethics Board members may be removed by the Town Board for reasons of gross misconduct, substantial neglect of duty, or inability to perform the duties of office, or upon recommendation by the Temporary State Commission on Local Government Ethics. C. Term of office. The term of office of Ethics Board members shall be five years, except that for the fust five appointees, terms shall expire on December 31 of the year in which the Board was created, and of the first, second, third, and fourth year thereafter, respectively. No member shall serve more than two consecutive terms. D. Qualifications. (1) Members of the Ethics Board shall be chosen from among Tompkins County residents. (2) No Ethics Board member shall hold office in any political party; for this purpose membership on a town, county, state, or national party committee shall not be deemed to be holding office in a political party; provided, however, that any person who is a chairperson, vice chairperson, secretary, treasurer, or the holder of any similar office in a town, county, state, or national party committee shall be deemed to be holding office in a political party. [Amended 10-5-1992 by L.L. No. 21-1992] (3) No more than two Ethics Board members may be from the same political party. (4) From the period of 12 months prior to appointment throughout his or her term of office, no Ethics Board member or member of his or her family shall hold elected or any other appointed office or employment with the Town of Ithaca, except as a member of a citizens' advisory board. (5) From the period of 12 months prior to appointment throughout his or her term of office, no Ethics Board member shall be a party to any proceeding before the Town of Ithaca or have business dealings with the Town of Ithaca other than normal, routine, ministerial requests such as applications for building permits, certificates of occupancy, marriage licenses, or other similar ministerial matters. (6) Members of the Ethics Board shall be subject to the provisions of this chapter. §32-12. Distribution of Code of Ethics. A. Within 10 days of this chapter's enactment, the Town Clerk shall post a copy of this chapter conspicuously and permanently in the Town Hall in a manner allowing public perusal of its provisions. Copies of the law shall also be made available by the Town Clerk to members of the public upon request under provisions of the Freedom of Information Law. 32:7 06-01-2004 § 32-12 ITHACA CODE § 32-14 B. Within 30 days of this chapter's enactment, the Town Clerk shall distribute a copy of this chapter to all officials and employees identified in §§ 32-2 and 32-3. Each official and employee elected or appointed thereafter shall be given a copy of this chapter before entering upon the duties of his or her office. C. The Town Clerk shall distribute copies of this chapter to the members of the Ethics Board upon their taking office. §32-13. Penalties for offenses. Violation of this chapter will be a Class A misdemeanor subject to the penalties provided in § 813 of the General Municipal Law, including forfeiture of office or employment and liability for all damages and fines. Penalties include a civil penalty not to exceed $10,000 for knowingly and willfully failing to file a financial disclosure statement or for knowingly and willfully making a false statement with intent to deceive. Notwithstanding the foregoing, a person subject to this chapter found for the first time to be in violation of its terms by reason of failing to file or make a required disclosure statement shall be subject to a maximum civil penalty of $500 or a maximum criminal fine of $500. Any such person found for the second time to be in violation of the terms of this chapter by reason of failing to file or make a required disclosure statement shall be subject to a maximum civil penalty of $1,000 or a maximum criminal fine of not more than $1,000. The third and any succeeding such violations shall be subject to the penalties set forth in the first sentence of this section. §32-14. When effective. This chapter shall take effect immediately after it has been filed with the New York State Temporary Commission on Local Government Ethics. 32:8 06-01-2004 Chapter 41 HEALTH INSURANCE § 41-1.Legislative findings and intent. § 414.Town Board action. § 41-2.Legislative authority; supersession § 41-5.Conditions. of statute. § 41-6.Effect on income tax. § 41-3.Cash payments for § 41-7.Definitions. nonparticipants of plan. [HISTORY: Adopted by the Town Board of the Town of Ithaca 2-8-1999 by L.L. No. 2.1999.Amendments noted where applicable.] GENERAL REFERENCES Compensation—See Ch.20. §41-1. Legislative findings and intent. A. The Town of Ithaca provides health insurance coverage for its employees! B. The Town pays a portion of the premiums for the employees for such health insurance coverage. C. hi certain instances, the medical coverage provided by the Town's health insurance is either inadequate or unavailable because of preexisting conditions, residency of the employee, availability of specialized medical services, or other reasons! D. The Town would like to provide a mechanism to allow such employees, under certain circumstances, to obtain other medical insurance coverage and receive the Town's contribution toward the cost of such coverage in cash. E. Providing this alternative benefit to Town of Ithaca employees is beneficial to the Town in maintaining certain employees in the employment of the Town that have been outstanding employees for the Town, and also permits the Town to hire new employees who might otherwise not accept employment with the Town because of the type of health insurance coverage provided by the Town. §41-2. Legislative authority; supersession of statute. This chapter is enacted pursuant to § 10, Subdivision 1(ii)a(1), of the Municipal Home Rule Law of the State of New York and is intended, to the extent inconsistent therewith, to 1. Editor's Note:Amended at time of adoption of Code(see Ch.1,General Provisions,Art.I). 2. Editor's Note:Amended at time of adoption of Code(see Ch.1,General Provisions,Art.n• 41:1 06-01-2004 § 41-2 ITHACA CODE § 41-5 supersede the provisions of General Municipal Law §§ 92-a and 93, Civil Service Law Article XI (§§ 160 through 170), and Town Law § 27. §41-3. Cash payments for nonparticipants of plan. At the option of the Town Board of the Town of Ithaca, the Town of Ithaca may make cash payments to an officer or employee of the Town who chooses not to be covered under the Town's health insurance plan subject, however, to the following limitations: A. The amount paid by the Town to the employee shall not exceed the cost to the Town of providing health insurance coverage if the employee had chosen to be covered by the Town's available health insurance plan. B. The Town Board first finds that the particular circumstances of the employee are such that the utilization of the Town's health insurance plan is either unavailable to the employee, or would not provide appropriately adequate coverage for the employee or the employee's family, or other good cause exists in the view of the Town Board which warrant cash payment in lieu of payment of health insurance premiums. C. No payment shall be made to an employee until the employee notifies the Town in writing that the employee chooses not to participate in the Town's health insurance plan. §41-4. Town Board action. The option to make the payments in lieu of cash pursuant to this chapter shall be effected solely by resolution of the Town Board and shall be in the sole discretion of the Town Board. §41-5. Conditions. The payment of cash in lieu of health insurance premiums provided for in this chapter may be made subject to such conditions as the Town Board may impose. Such conditions may include, but are not necessarily limited to: A. A requirement that the employee obtain health insurance from another source and provide to the Town copies of bills or other evidence satisfactory to the Town of the existence and maintenance of such other health insurance. B. If the Town's health insurance plan is modified in a manner that eliminates the problem causing the employee to decline coverage under the Town's plan, payments may cease if the employee is otherwise eligible for and able to be covered by the Town's then-existing plan. C. If the employee obtains substantially equivalent health insurance benefits from another source at a cost less than the cost of the Town's health insurance plan, the cash payments to the employee may be reduced proportionately to such lesser cost. 41:2 06-01-2004 § 41-6 HEALTH INSURANCE § 41-7 §41-6. Effect on income tax. An employee receiving payments pursuant to this chapter shall be fully responsible for any income taxes that may be payable with respect to such payments, and the Town may withhold any amounts required by any applicable tax laws, federal or state, that relate to or require such withholding on payments of such nature. §41-7. Definitions. For the purposes of this chapter the following terms shall have the meanings indicated: EMPLOYEE — Includes all past, current and future employees of the Town of Ithaca who are eligible under the Town's policies for payments of all or a portion of their health insurance premiums, and any past, current, or future officers of the Town that are otherwise eligible for partial or complete health insurance coverage. 41:3 06-01 -2004 Chapter 54 ORDINANCES, PUBLICATION OF § 54-1.Summary publication authorized. [HISTORY: Adopted by the Town Board of the Town of Ithaca 11-5-1970 by L.L. No. 1-1970.Amendments noted where applicable.] § 54-1. Summary publication authorized. Any law to the contrary notwithstanding, and whenever the Town is required or permitted by statute to publish any ordinance in one or more newspapers, which such Town is or may be authorized by law to adopt so as to make such ordinance effectual, it shall be sufficient if there is published in such newspaper or newspapers such ordinance in full or, in lieu thereof, a summary describing the subject of such ordinance and a notice stating that the whole of such ordinance is on file with the Town Clerk, provided that a copy of such ordinance is kept on file with the Town Clerk during the period of such publication. Nothing herein contained shall dispense with any posting of such ordinances which is or may be required or permitted by law. 54:1 06-01-2004 Chapter 65 RECORDS MANAGEMENT § 65-1.Records Management Officer and § 65-3.Records Management Advisory program. Board. §65-2.Powers and duties. §654.Custody. § 65-5.Definitions. [HISTORY: Adopted by the Town Board of the Town of Ithaca 104-1993 by L.L. No. 9-1993.Amendments noted where applicable.] §65-1. Records Management Officer and program. Pursuant to Article 57-A of the Arts and Cultural Affairs Law of the State of New York there shall be a records management program established under the jurisdiction of the Ithaca Town Clerk as Records Management Officer. The Town Clerk or designee is hereby given responsibility and authority to assist departments, boards, and committees in the management of current, noncurrent, and archival public records and record storage areas for the Town of Ithaca, in accordance with local, state, and federal laws and guidelines. §65-2. Powers and duties. The Records Management Officer shall assist in the efficient administration, determination of value, use, preservation, storage and disposition of the current, noncurrent, and archival public records kept, filed or received by the offices, departments, boards and committees of the Town of Ithaca. A. The Records Management Officer shall assist departments, boards, and committees in the continual survey and examination of public records for classification so as to determine the most suitable methods to be used for the maintaining, storing, and servicing of: (1) Obsolete and unnecessary records according to New York State Records Retention and Disposition Schedules thereby subject to disposition; or (2) Information containing administrative, legal, fiscal, research, historical or educational value which warrant their permanent retention; or (3) Records not subject to disposition according to state law. B. The Records Management Officer shall assist Town departments, boards, and committees in the establishment of guidelines for proper records management in accordance with local, state, and federal laws and guidelines. C. The Records Management Officer shall advise and assist Town departments, boards, and committees in reviewing and selecting material to be preserved for archival storage. 65:1 06-01-2M § 65-2 ITHACA CODE § 65-3 D. The Records Management Officer shall assist Town departments, boards, and committees in the storage, processing, and servicing of all noncurrent and archival records for all Town departments, boards, and committees. E. The Records Management Officer shall develop for use by all Town departments, boards, and committees a Records Management Procedures and Policies Manual outlining a records management system. F. The Records Management Officer upon the development of the Records Management Procedures and Policies Manual shall hold training sessions for all Town employees in its proper usage. (1) The storage of noncurrent and archival records will remain with the applicable responsible Town departments, boards, and committees until such time as the Town of Ithaca Town Board establishes a Records Management Center for noncurrent records and/or an Archival Records Center. Upon the establishment, these centers will become available for the storage, processing, and servicing of their respective records. (2) Upon establishment of a Records Management Center for noncurrent records and/or an Archival Records Center, the Town Clerk will: (a) Promulgate rules, subject to the approval of the Records Management Advisory Board and the Town Board, governing public access to and use of records in the archives, and governing storage, processing, and servicing of these records to the public. (b) Develop a confidentiality policy for archival records designated confidential, providing such policy does not conflict with any federal or state statutes. (3) The Records Management Officer is to be advised by Town departments, boards and committees of all records held or moved into a noncurrent and/or archival records storage area. G. The Records Management Officer shall provide departments, boards, and committees with list of record series which should be preserved by the Town as archival. H. The Records Management Officer shall report annually to the Town Board and the members of the Records Management Advisory Board on the year's activities. §65-3. Records Management Advisory Board. There shall be a Records Management Advisory Board to work closely with and provide advice to the Records Management Officer. A. The Board will meet twice yearly to: (1) Provide advice to the Records Management Officer on the development of the records management program; 65:2 06-01-2004 § 65-3 RECORDS MANAGEMENT § 65-5 (2) Review the performance of the program on an ongoing basis and propose changes and improvements; (3) Review retention periods proposed by the Records Management Officer for records not covered by State Archives' schedules. (4) Review the listing of record series identifying those which should be archival. (5) Review any new Town record series and identify those which should be archival. (6) Provide advice on the preparation for storage and the storage of archival records. B. The Records Management Advisory Board shall consist of the Town Supervisor; one Town Board Member (appointed by the Town Supervisor); Town Historian; Town Clerk (Records Management Officer); Town Engineer; and the Administrative Assistant to the Planning, Zoning, and Engineering Departments or other person providing administrative services to any one of the above Departments as designated by the Town Supervisor. §65-C Custody. A. The Records Management Officer shall provide each department and board with a departmental retention and disposition schedule based on the Records Retention and Disposition Schedule(s) adopted by the Town of Ithaca Town Board and other relevant state archives schedules. The Records Management Officer will identify those record series which he/she approves for disposition on a continual basis when so authorized by the Town Board and the applicable Department Head or Board Chairperson. Any new record series or record series not approved by the Records Management Officer for disposition on a continual basis requires authorization by the Records Management Officer as well as the Town Board, the Department Head, or Board Chairperson. B. An authorization and disposition record listing provided by the Records Management Officer must be completed, signed by the Department Head or Board Chairperson, and approved by resolution of the Town Board at the next regular meeting of the Town Board. One copy of this listing must be filed with the Records Management Officer upon disposition of any record. C. Department Heads and Board Chairpersons are responsible to see that confidential records are properly disposed of by burning or shredding under the supervision of the Records Management Officer. §65-5. Definitions. As used in this chapter, the following terms shall have the meanings indicated: ARCHIVES — Those official records which have been determined by the Records Management Officer or the Records Management Advisory Board or the Town Board to have sufficient historical or other value to warrant their continued preservation by the Town of Ithaca. 65:3 06-01-2004 § 65-5 ITHACA CODE § 65-5 RECORDS — Any documents, books, papers, photographs, sound recording, microforms, or any other materials, regardless of physical form or characteristics, made, produced, executed 41 or received, pursuant to law or ordinance or in connection with the transaction of official Town of Ithaca business. 'Records" shall not be deemed to include library materials, extra copies of documents created only for convenience, and stocks of publications. RECORDS DISPOSITION— A. The removal by the Town of Ithaca, in accordance with approved records control schedules, of records no longer necessary for the conduct of business by such agency through removal methods which may include: (1) The disposal of temporary records by destruction or donation; or (2) The transfer of records to a Records Management Center for temporary storage of inactive records and permanent storage of records determined to have historical or other sufficient value warranting continued preservation; and B. The transfer of records from one Town of Ithaca department or board to any other Town of Ithaca department or board. RECORDS MANAGEMENT — The planning, controlling, directing, organizing, training, promotion and other managerial use and records disposition, including records preservation, records disposal and records center or other storage facilities. RECORDS MANAGEMENT CENTER — An establishment maintained for the storage, servicing, security and processing of records which must be preserved for varying periods of time and need not be retained in office equipment or space. SERVICING— Making information in records available to an (local government) agency for official use or to the public. 65:4 06-01-2004 Chapter 69 RELOCATION EXPENSES § 69-1.Legislative authority. § 69-4.Conditions. § 69-2.Reimbursement authorized. § 69-5.Payments. § 69-3.Maximum reimbursement. § 69-6.Effect on income taxes. [HISTORY: Adopted by the Town Board of the Town of Ithaca 5-9-1994 by L.L. No. 4-1994.Amendments noted where applicable.] GENERAL REFERENCES Compensation—See Ch.20. § 69-1. Legislative authority. This chapter is enacted pursuant to § 10, l(ii)a(1), of the Municipal Home Rule Law of the State of New York. §69-2. Reimbursement authorized. At the option of the Town Board of the Town of Ithaca, the Town of Ithaca may reimburse newly hired employees for all or a part of the expenses such employee may incur in relocating to the Town of Ithaca. Such relocation expenses may include, but are not necessarily limited to: A. Reasonable expenses incurred in moving furniture, normal household goods and personal belongings to the new location; the employee must obtain three estimates and the selection of the carrier is to be coordinated with the Town of Ithaca's Personnel Department. B. Incidental expenses such as meals, gasoline and other travel expenses related to the move. § 69-3. Maximum reimbursement. The maximum amount to be reimbursed in total, and/or the maximum amount for any specific item, may be determined by the Town Board prior to or concurrently with the making of an offer of employment to the prospective employee. § 694. Conditions. The payment of relocation expenses as authorized herein may be made subject to such conditions as the Town Board may impose. Such conditions may include, but are not necessarily limited to: 69:1 06-01-2004 § 69-4 ITHACA CODE § 69-6 A. A requirement that the relocation expenses be paid back to the Town in the event employment with the Town is terminated by the employee prior to the expiration of a specified period, which period shall in no event exceed 36 months from commencement of work with the Town. Such reimbursement condition may require that all of the relocation expenses be paid back or only a portion, prorated according to the length of time of the specified period that the employee is an employee of the Town of Ithaca. B. A requirement that all or a portion of the relocation payments be returned to the Town in the event the employee's employment with the Town is terminated by the Town for cause during a specified period, not in excess of 36 months following initial employment by the Town. C. A requirement that the relocation occur within a specified time of the hiring of the employee. §69-5. Payments. Payment of relocation expenses shall be made upon submission of vouchers and other documentation reasonably required by the Town in order to substantiate the expenses for which reimbursement is sought. §69-6. Effect on income taxes. An employee receiving relocation expenses pursuant to this chapter shall be fully responsible for any income taxes that may be payable with respect to such relocation expenses, and the Town may withhold any amounts required by any applicable tax laws, federal or state, that relate to or require such withholding of payments of such nature. F 69:2 06-01-2004 Chapter 73 RESIDENCY REQUIREMENTS § 73-1.Purpose. §73-3.Supersession of Town Law and § 73-2.Legislative authority. Public Officers Law. §734.Enumeration of positions. [HISTORY: Adopted by the Town Board of the Town of Ithaca 4-12-1999 by L.L. No. 5-1999.Amendments noted where applicable.] § 73-1. Purpose. The Town of Ithaca wishes to obtain and retain the services of qualified, capable persons, some of whom may reside outside the Town limits. The Town Board of the Town of Ithaca does not deem it necessary for certain officers of the Town to be residents of the Town. Accordingly, this chapter is intended to permit the appointment to most positions in the Town of persons who may not necessarily be residents or electors of the Town of Ithaca. §73-2. Legislative authority. This chapter is adopted pursuant to the authority contained in § 10, 1(i), and, to the extent this chapter supersedes the Town Law, § 10, l(ii)d(3), of the Municipal Home Rule Law. § 73-3. Supersession of Town Law and Public Officers Law. This chapter, to the extent inconsistent with same, shall supersede the provisions of § 23 of the Town Law and § 3 of the Public Officers Law, and any other provisions of the Town Law or Public Officers Law that are inconsistent with this chapter and which may be superseded by local laws enacted pursuant to the Municipal Home Rule Law sections cited above. §734. Enumeration of positions. [Amended 3-12-2001 by L.L. No. 3-2001] Notwithstanding the provisions of § 23 of the Town Law and § 3 of the Public Officers Law, all elective officers, all members of the Planning Board, Board of Appeals, and Assessment Review Board, the Superintendent of Highways, the Town Clerk, and the Deputy Supervisor shall be electors of the Town of Ithaca. All other Town officers need not be electors of the Town, provided that such persons reside in the State of New York. 73:1 06-01-2004 Chapter 84 TERMS OF OFFICE ARTICLE I § 84-3.Effective date; applicability. Supervisor § 84.4,Supersession of statute. § 841.Legislative authority. § 84-5.Mandatory referendum. § 84-2.Four-year term. § 84-6.When effective. [HISTORY: Adopted by the Town Board of the Town of Ithaca as indicated in article histories.Amendments noted where applicable.] GENERAL REFERENCES Reddewy regWremeats—See Ch.73. ARTICLE I Supervisor [Adopted 4-11-1994 by L.L.No. 9-1994 (approved at mandatory referendum 11-8-1994)] § 841. Legislative authority. This article is enacted pursuant to § 10, Subdivision 1(ii)a(1), and § 10, Subdivision l(ii)d(3), of the Municipal Home Rule Law of the State of New York. §842. Four-year term. The term of office of the Supervisor of the Town of Ithaca shall be changed from two years to four years. § 84-3. Effective date; applicability. The change in the length of term of the Town Supervisor shall occur effective January 1, 1996, and shall apply to persons elected to that position who assume office on and after January 1, 1996. § 844. Supersession of statute. This article shall amend, in its application to the Town of Ithaca, § 24 of the Town Law with respect to the term of the office of the Supervisor of the Town of Ithaca. 84:1 06-01-2M § 84-5 ITHACA CODE § 84-6 § 84-5. Mandatory referendum. In accordance with the provisions of§ 23 of the Municipal Home Rule Law, this article shall be submitted for approval to the electors of the Town of Ithaca at the next general Town election to be held on November 8, 1994. §84-6. When effective. This article, if approved by the electors, shall take effect immediately upon filing with the Secretary of State after approval by a majority of the electors voting thereon in accordance with the requirements of§ 27 of the Municipal Home Rule Law! 1. Editor's Note: The adoption of L.L. No. 9-1994 (comprising this chapter) was approved at mandatory referendum 11.8-1994. 84:2 06-01-2004 Chapter 89 TOWN BOARD § 89-1.Term of office from 1975 election. § 89-5.Failure to designate term of office § 89-2.Terms of office from 1977 at election. election. § 89-6.Severability. § 89-3.Terms of office from 1979 § 89-7.Supersession of statute. election. § 89-8.When effective; retroactive § 894.Terms of office from 1981 and applicability. subsequent elections. § 89-9.Mandatory referendum. [HISTORY: Adopted by the Town Board of the Town of Ithaca 1-17-1977 by L.L. No. 1-1977 (affirmed at 4-19-1977 special election).Amendments noted where applicable.] GENERAL REFERENCES Residency requirements—See Ch.73. §89-1. Term of office from 1975 election. To fill the vacancies created by the increase in size of the Town Board from four to six members in 1975 at the biennial election for Town offices held in 1975, four Town Councilmen shall be deemed to have been elected for terms of four years each commencing January 1, 1976. §89-2. Terms of office from 1977 election. At the biennial election for 1977, two Town Councilmen shall be elected each for a term of four years. The term of each such Councilman shall begin on January 1, 1978. §89-3. Terms of office from 1979 election. At the biennial Town election in 1979, four Town Councilmen shall be elected, three for a term of four years each and one for a term of two years. The term of office of each such Councilman shall begin January 1, 1980. §894. Terms of office from 1981 and subsequent elections. At the biennial Town election in 1981, and at each biennial Town election thereafter, three Town Councilmen shall be elected, each for a term of four years. The term of office of each such Councilman shall begin on the first day of January succeeding the election at which he or she was elected. 89:1 06-01-2004 § 89-5 ITHACA CODE § 89-9 § 89-5. Failure to designate term of office at election. At any Town election at which there are vacancies for the same office but differing terms, and there is a failure to designate which candidate is running for which term, or an erroneous designation that all are running for the longest term, the candidate or candidates eligible for office receiving the highest number of votes shall be deemed elected to the longest term, the candidate or candidates receiving the next highest number of votes shall be deemed elected to the next longest term and so on to the end; and the inspectors of election shall count the ballots and certify the results accordingly. §89-6. Severability. If any provision of this chapter or the application thereof to any person or circumstance shall be adjudged invalid by a court of competent jurisdiction, such order or judgment shall be confined in its operation to the controversy in which it was rendered, and shall not affect or invalidate the remainder of any provision of any section of this chapter or the application of any part thereof to any other person or circumstance and to this end the provisions of each section of this chapter are hereby declared to be severable. §89-7. Supersession of statute. This chapter supersedes the provisions of§ 87 of the Town Law which apply to the manner of election of Town Councilmen following the adoption of the procedures provided for in such section for the increase of Town Councilmen from four to six. §89-8. When effective; retroactive applicability. This chapter shall take effect immediately and shall apply so as to validate any election held prior to its effective date. §89-9. Mandatory referendum. This chapter is subject to a mandatory referendum and shall be submitted to the voters at a special election, in compliance with applicable requirements of the Municipal Home Rule Law, § 23, to be held at such time and places, in accordance with the provisions and directions to be adopted by the Town Board at a regular, special or adjourned meeting.' 1. Editor's Note: The adoption of L.L. No. 1-1977 (comprising this chapter) was affirmed at the 4-19-1977 special election. 89:2 06-01-2004 PART II GENERAL LEGISLATION Chapter 100 ADULT USES § 100-1. Purpose and fmdings. § 100-13.Additional regulations for adult § 100-2. Definitions. motels. § 100-3. Classification. § 100-14.Regulations for viewing rooms. § 100-4. License required. § 100-15.Additional regulations for § 100-5. Issuance of license. escort agencies. § 100-6. Fees. § 100-16.Additional regulations for nude model studios. § 100-7. Inspection. § 100-17.Additional regulations § 100-8. Expiration of license. concerning public nudity. § 100-9. Suspension. § 100-18.Prohibition against children in § 100-10.Revocation. adult entertainment business. § 100-11.Transfer of license. § 100-19.Hours of operation. § 100-12.Location of adult entertainment § 100-20.Exemptions. businesses. § 100-21.Injunction; penalties for offenses. [HISTORY: Adopted by the Town Board of the Town of Ithaca 11-16-1998 by L.L. No. 15-1998.Amendments noted where applicable.] GENERAL REFERENCES Zoning—See Ch.270. § 100-1. Purpose and findings. A. Purpose. It is the purpose of this chapter to regulate adult entertainment businesses in order to promote the health, safety, morals, and general welfare of the citizens of the Town, and to establish reasonable and uniform regulations to prevent the deleterious location of adult entertainment businesses within the Town. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult entertainment materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to adult entertainment materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material. B. Findings. Based on evidence concerning the adverse secondary effects of adult uses on the community presented in hearings and in reports made available to the Board, including a study prepared by the Town's Planning Department, and on findings incorporated in the cases of Town of Renton v. Playtime Theatres, Inc., 470 U.S. 41 100:1 06-01-2004 § 100-1 ITHACA CODE § 100-1 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1976), and Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), and on studies in other communities including, but not limited to, the Town of Islip, New York, Los Angeles, California, and New York City, New York, the Board finds: (1) Adult entertainment businesses lend themselves to ancillary unlawful and unhealthy activities that are presently uncontrolled by the operators of the establishments. Further, there is presently no mechanism to make the owners of these establishments responsible for the activities that occur on their premises. (2) Certain employees of adult entertainment businesses defined in this chapter as adult theaters and cabarets engage in higher incidence of certain types of illicit sexual behavior than employees of other establishments. (3) Offering, and providing private or semiprivate spaces with videos or live sex shows encourages activities of a sexual nature, which creates unhealthy conditions. (4) At least 50 communicable diseases may be spread by activities occurring in adult entertainment businesses, including, but not limited to, syphilis, gonorrhea, human immunodeficiency virus infection (HIV-AIDS), genital herpes, hepatitis B, Non A, Non B amebiasis, salmonella infections and shigella infections. (5) Since 1981 and to the present, there has been an increasing cumulative number of reported cases of AIDS caused by the human immunodeficiency virus (HIV) in the United States and in the State of New York. (6) Since 1981 and to the present, there have been an increasing cumulative number of persons testing positive for the HIV antibody test in New York and in Tompkins County. (7) The number of cases of other sexually transmitted diseases in the United States reported annually has risen over the last decade. (8) According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts. (9) Sanitary conditions in some adult entertainment businesses are unhealthy, in part, because the activities conducted there are unhealthy, and, in part, because of the unregulated nature of the activities and the failure of the owners and the operators of the facilities to self-regulate those activities and maintain those facilities. (10) Numerous studies and reports have determined that semen is found in the areas of adult entertainment businesses where persons view "adult"-oriented films. (11) The findings noted in the preceding subsections raise substantial governmental concerns. (12) Adult entertainment businesses have operational characteristics which should be reasonably regulated in order to protect those substantial governmental concerns. (13) A reasonable licensing procedure is an appropriate mechanism to place the burden of that reasonable regulation on the owners and the operators of the adult 100:2 06-01-2004 § 100-1 ADULT USES § 100-2 entertainment businesses. Further, such a licensing procedure will place a heretofore nonexistent incentive on the operators to see that the adult entertainment business is run in a manner consistent with the health, safety and welfare of its patrons and employees, as well as the citizens of the Town. It is appropriate to require reasonable assurances that the licensee is the actual operator of the adult entertainment business, fully in possession and control of the premises and activities occurring therein. (14) Requiring sufficient lighting on premises with adult booths advances a substantial governmental interest in curbing the illegal and unsanitary sexual activity occurring in adult theaters. (15) Requiring licensees of adult entertainment businesses to keep information regarding current employees and certain past employees will help reduce the incidence of certain types of criminal behavior by facilitating the identification of potential witnesses or suspects and by preventing minors from working in such establishments. (16) The disclosure of certain information by those persons ultimately responsible for the day-to-day operation and maintenance of the adult entertainment business, where such information is substantially related to the significant governmental interest in the operation of such uses, will aid in preventing the spread of sexually transmitted diseases. (17) It is desirable in the prevention of the spread of communicable diseases to obtain a limited amount of information regarding certain employees who may engage in the conduct which this chapter is designed to prevent or who are likely to be witnesses to such activities. (18) The fact that an applicant for an adult use license has been convicted of a sexually related crime leads to the rational assumption that the applicant may engage in that conduct in contravention of this chapter. (19) The barring of such individuals from the management of adult uses for a period of years serves as a deterrent to and prevents conduct which leads to the transmission of sexually transmitted diseases. (20) The general welfare, health, morals and safety of the citizens of the Town will be promoted by the enactment of this chapter. § 100-2. Definitions. As used in this chapter, the following terms shall have the meanings indicated: ADULT ARCADE — Any place to which the public is permitted or invited wherein coin-operated, slug-operated, or for any form of consideration, electronically, electrically, or mechanically controlled still or motion-picture machines, projectors, video or laser disc players, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or 100:3 06-01-2004 § 100-2 ITHACA CODE § 100-2 characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas." ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE— A. A commercial establishment which, as one of its principal purposes, offers for sale or rental for any form of consideration any one or more of the following: (1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; or (2) Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities." B. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore, adult novelty store, or adult video store so long as at least 50% of its store area, or 50% of its display area, is utilized in the offering for sale or rental for consideration the specified materials which are characterized by the depiction or description of"specified sexual activities" or "specified anatomical areas." ADULT CABARET — A nightclub, bar, restaurant, or similar commercial establishment which regularly features: A. Persons who appear in a state of nudity or seminude; or B. Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or C. Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas." ADULT ENTERTAINMENT BUSINESS — An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion-picture theater, adult theater, escort agency, or nude model studio. ADULT MOTEL— A hotel, motel or similar commercial establishment which: A. Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right of way which advertises the availability of this adult type of photographic reproductions; or B. Offers a sleeping room for rent for a period of time that is less than 10 hours; or 100:4 06-01-2004 § 100-2 ADULT USES § 100-2 C. Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours. ADULT MOTION-PICTURE THEATER — A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas." ADULT THEATER — A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or seminude, or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities." EMPLOYEE — A person who performs any service on the premises of an adult entertainment business on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise and whether or not said person is paid a salary, wage or other compensation by the operator of said business. "Employee" does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises. ESCORT— A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person. ESCORT AGENCY — A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration. ESTABLISHMENT— Includes any of the following: A. The opening or commencement of any adult entertainment business as a new business; B. The conversion of an existing business, whether or not an adult entertainment business, to any adult entertainment business; C. The addition of any adult entertainment business to any other existing adult entertainment business; or D. The relocation of any adult entertainment business. LICENSEE — A person in whose name a license to operate an adult entertainment business has been issued, as well as the individual listed as an applicant on the application for a license; and in the case of an employee, a person in whose name a license has been issued authorizing employment in an adult entertainment business. NUDE MODEL STUDIO — Any place where a person who appears seminude, in a state of nudity, or who displays "specified anatomical areas" and is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. "Nude model studio" shall not include a proprietary school licensed by the State of New York or a college,junior college or university supported entirely or in part by public taxation; a private college or university which maintains and 100:5 06-01 -2004 § 100-2 ITHACA CODE § 100-2 operates educational programs in which credits are transferable to a college,junior college, or university supported entirely or partly by taxation; or in a structure: A. That has no sign visible from the exterior of the structure and no other advertising that indicates a nude or seminude person is available for viewing; and B. Where in order to participate in a class a student must enroll at least three days in advance of the class; and C. Where no more than one nude or seminude model is on the premises at any one time. NUDITY or A STATE OF NUDITY — The showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state. PERSON — An individual, proprietorship, partnership, corporation, association, or other legal entity. SEMINUDE or IN A SEMINUDE CONDITION— The showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided the areola is not exposed in whole or in part. SPECIFIED ANATOMICAL AREAS — A. The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or B. Less than completely and opaquely covered human genitals, pubic region, buttocks or a female breast below a point immediately above the top of the areola. SPECIFIED CRIMINAL ACTIVITY— Any of the following offenses: A. Prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; engaging in organized criminal activity; sexual assault; molestation of a child; gambling; or distribution of a controlled substance; or any similar offenses to those described above under the criminal or penal code of other states or countries; B. For which: (1) Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense; (2) Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or 100:6 06-01-2004 § 100-2 ADULT USES § 100-3 (3) Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty-four-month period. C. The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or a person residing with the applicant. SPECIFIED SEXUAL ACTIVITIES — Any of the following: A. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; B. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or C. Excretory functions as part of or in connection with any of the activities set forth in Subsections A through B above. SUBSTANTIAL ENLARGEMENT — Of an adult entertainment business means the increase in floor areas occupied by the business by more than 25%, as the floor areas exist on the date this chapter takes effect. TRANSFER OF OWNERSHIP OR CONTROL— Of an adult entertainment business means and includes any of the following: A. The sale, lease, or sublease of the business; B. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or C. The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest, or other operation of law upon the death of the person possessing the ownership or control. § 100-3. Classification. Adult entertainment businesses are classified as follows: A. Adult arcades; B. Adult bookstores, adult novelty stores, or adult video stores; C. Adult cabarets; D. Adult motels; E. Adult motion-picture theaters; F. Adult theaters; 100:7 06-01-2004 § 100-3 ITHACA CODE § 1004 G. Escort agencies; and H. Nude model studios. § 100-4. License required. A. It is unlawful: (1) For any person to operate an adult entertainment business without a valid adult entertainment business license issued by the Town pursuant to this chapter. (2) For any person who operates an adult entertainment business to employ a person to work for the adult entertainment business who is not licensed as an adult entertainment business employee by the Town pursuant to this chapter. (3) For any person to obtain employment with an adult entertainment business without having secured an adult entertainment business employee license pursuant to this chapter. B. An application for a license must be made on a form provided by the Town. C. All applicants must be qualified according to the provisions of this chapter. The application may request and the applicant shall provide such information (including fingerprints) as to enable the Town to determine whether the applicant meets the qualifications established in this chapter. D. If a person who wishes to operate an adult entertainment business is an individual, the person must sign the application for a license as applicant. If a person who wishes to operate an adult entertainment business is other than an individual, each individual who has a 20% or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under the following section and each applicant shall be considered a licensee if a license is granted. E. The completed application for an adult entertainment business license shall contain the following information and shall be accompanied by the following documents: (1) If the applicant is: (a) An individual, the individual shall state his/her legal name and any aliases and submit proof that he/she is at least 18 years of age; (b) A partnership, the partnership shall state its complete name, and the names of all partners, whether the partnership is general or limited, and submit a copy of the partnership agreement, if any; (c) A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of its state of incorporation and that it is qualified to do business in the State of New York, the names and capacity of all officers, directors and principal stockholders, and the name of the registered corporate agent and the address of the registered office for service of process. 100:8 06-01-2004 § 1004 ADULT USES § 1004 (2) If the applicant intends to operate the adult entertainment business under a name other than that of the applicant he or she must state: (a) The adult entertainment business's fictitious name; and (b) Submit the required registration documents. (3) Whether the applicant, or a person residing with the applicant, has been convicted of a specified criminal activity as defined in this chapter, and, if so, the specified criminal activity involved, the date, place, and jurisdiction of each conviction. (4) Whether the applicant, or a person residing with the applicant, has had a previous license under this chapter or other similar adult entertainment business local laws from another state or municipality or county denied, suspended or revoked, including the name and location of the adult entertainment business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant or a person residing with the applicant has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is licensed under this chapter whose license has previously been denied, suspended or revoked, including the name and location of the adult entertainment business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation. (5) Whether the applicant or a person residing with the applicant holds any other licenses under this chapter or other similar adult entertainment business local law from another state or municipality and, if so, the names and locations of such other licensed businesses. (6) The single classification of license for which the applicant is filing. (7) The location of the proposed adult entertainment business, including a legal description of the property, street address, and telephone number(s), if any. (8) The applicant's mailing address and residential address. (9) A recent photograph of the applicant(s). (10) The applicant's driver's license number, social security number, and/or his/her state or federally issued tax identification number. (11) A sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. (12) A current certificate and map prepared within 60 days prior to application by a registered land surveyor depicting the property lines and the structures containing any existing adult entertainment businesses within 280 feet of the property to be certified; the property lines of any established religious institution, school, or public park or recreation area within 280 feet of the property to be certified. For 100:9 06-01-2004 § 100-4 ITHACA CODE § 100-4 purposes of this section, a use shall be considered existing or established if it is in existence at the time an application is submitted. (13) If an applicant wishes to operate an adult entertainment business, other than an adult motel, which shall exhibit on the premises, in a viewing room or booth of less than 150 square feet of floor space, films, video cassettes, other video reproductions, or live entertainment which depict specified sexual activities or specified anatomical areas, then the applicant shall comply with the application requirements set forth in § 100-14. F. Before any applicant may be issued an adult entertainment business employee license, the applicant shall submit on a form to be provided by the Town the following information: (1) The applicant's name and any other name (including "stage" names) and aliases used by the individual; (2) Age, date, and place of birth; (3) Height, weight, hair and eye color; (4) Present residence address and telephone number; (5) Present business address and telephone number; (6) Date, issuing state and number of driver's permit or other identification card information; (7) Social security number; and (8) Proof that the individual is at least 18 years of age. G. Attached to the application form for an adult entertainment business employee license, as provided above, shall be the following: (1) A color photograph of the applicant clearly showing the applicant's face, and the applicant's fingerprints on a form provided by the Police Department or the Town. Any fees for the photographs and fingerprints shall be paid by the applicant. (2) A statement detailing the license history of the applicant for the five years immediately preceding the date of the filing of the application, including whether such applicant previously operated or is seeking to operate, in this or any other municipality, state, or country, an adult entertainment business, and whether the applicant has ever had a license, permit, or authorization to do business denied, revoked, or suspended, or had any professional or vocational license or permit denied, revoked, or suspended. In the event of any such denial, revocation, or suspension, state the name of the license, permit or authorization, the name of the issuing or denying jurisdiction, and describe in full the reason for the denial, revocation, or suspension. A copy of any order of denial, revocation, or suspension shall be attached to the application. 100:10 06-01-2004 § 1004 ADULT USES § 100-5 (3) A statement whether the applicant has been convicted of a specified criminal activity as defined in this chapter and, if so, the specified criminal activity involved, the date, place and jurisdiction of each. § 100-5. Issuance of license. A. Upon the filing of said application for an adult entertainment business employee license, the Town shall issue a temporary license to said applicant. The application shall then be referred to the appropriate Town or county departments for an investigation to be made on such information as is contained on the application. The application process shall be completed within 30 days from the date the completed application is filed. (1) After the investigation, the Town shall issue a license, unless it is determined by a preponderance of the evidence that one or more of the following findings is true: (a) The applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form; (b) The applicant is under the age of 18 years; (c) The applicant has been convicted of a "specified criminal activity" as defined in this chapter; (d) The adult entertainment business employee license is to be used for employment in a business prohibited by local or state law, statute, rule or regulation, or prohibited by a particular provision of this chapter; or (e) The applicant has had an adult entertainment business employee license revoked by the Town within two years of the date of the current application. (2) If the adult entertainment business employee license is denied, the temporary license previously issued is immediately deemed null and void. Denial, suspension, or revocation of a license issued pursuant to this subsection shall be subject to appeal as set forth in § 100-10. B. A license granted pursuant to this section (whether an adult entertainment business employee license or an adult entertainment business license) shall be subject to annual renewal upon the written application of the applicant and a finding by the Town that the applicant has not been convicted of any specified criminal activity as defined in this chapter or committed any act during the existence of the previous license, which would be grounds to deny the initial license application. The renewal of the license shall be subject to the payment of the fee as set forth in § 100-6. C. Within 30 days after receipt of a completed adult entertainment business application, the Town shall approve or deny the issuance of a license to an applicant. The Town shall approve the issuance of a license to an applicant unless it is determined by a preponderance of the evidence that one or more of the following findings is true: 100:11 06-01-2004 § 100-5 TTHACA CODE § 100-6 (1) An applicant is under 18 years of age. (2) An applicant or a person with whom applicant is residing is overdue in payment to the Town of taxes, fees, fines, or penalties assessed against or imposed upon him/her in relation to any business. (3) An applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form. (4) An applicant or a person with whom the applicant is residing has been denied a license by the Town to operate an adult entertainment business within the preceding 12 months or whose license to operate an adult entertainment business has been revoked within the preceding 12 months. (5) An applicant or a person with whom the applicant is residing has been convicted of a specified criminal activity defined in this chapter. (6) The premises to be used for the adult entertainment business have not been approved by the Health Department, Fire Department, or the Building Official as being in compliance with applicable laws and local laws. (7) The license fee required by this chapter has not been paid. (8) An applicant or the proposed establishment is in violation of or is not in compliance with any of the provisions of this chapter. D. The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the adult entertainment business and the classification for which the license is issued pursuant to § 100-3. All licenses shall be posted in a conspicuous place at or near the entrance to the adult entertainment business so that they may be easily read at any time. E. The Health Department, Fire Department, and the Building Official shall complete their certification that the premises is in compliance or not in compliance within 20 days of receipt of the application by the Town. F. An adult entertainment business license shall issue for only one classification as found in § 100-3. § 100-6. Fees. A. Every application for a new adult entertainment business license shall be accompanied by a$300 nonrefundable application and investigation fee. B. Every application for a renewal of an adult entertainment business license shall be accompanied by a $200 nonrefundable application and investigation fee. C. Every application for an adult entertainment business employee license (whether for a new license or for renewal of an existing license) shall be accompanied by an annual $100 nonrefundable application, investigation, and license fee. 100:12 06-01-2004 § 100-6 ADULT USES § 100-10 D. All license applications and fees shall be submitted to the Town Clerk of the Town. § 100-7. Inspection. A. An applicant or licensee shall permit representatives of any law enforcement agency, Health Department, Fire Department, Zoning Department, or other Town departments or agencies to inspect the premises of an adult entertainment business for the purpose of insuring compliance with the law, at any time it is occupied or open for business. B. A person who operates an adult entertainment business or his agent or employee commits a misdemeanor if he refuses to permit such lawful inspection of the premises at any time it is open for business. § 100-8. Expiration of license. A. Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in § 100-4. Application for renewal shall be made at least 30 days before the expiration date, and when made less than 30 days before the expiration date, the expiration of the license will not be affected. B. When the Town denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial. If, subsequent to denial, the Town finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date denial became final. § 100-9. Suspension. The Town shall suspend a license for a period not to exceed 30 days if it determines that a licensee or an employee of a licensee has: A. Violated or is not in compliance with any section of this chapter; B. Refused to allow an inspection of the adult entertainment business premises as authorized by this chapter. § 100-10. Revocation. A. The Town shall revoke a license if a cause of suspension in § 100-9 occurs and the license has been suspended within the preceding 12 months. B. The Town shall revoke a license if it determines that: (1) A licensee gave false or misleading information in the material submitted during the application process; (2) A licensee has knowingly allowed possession, use, or sale of controlled substances on the premises; (3) A licensee has knowingly allowed prostitution on the premises; 100:13 06-01-2004 § 100-10 ITHACA CODE § 100-13 (4) A licensee knowingly operated the adult entertainment business during a period of time when the licensee's license was suspended; (5) Except in the case of an adult motel, a licensee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sex act to occur in or on the licensed premises; or C. When the Town revokes a license, the revocation shall continue for one year, and the licensee shall not be issued an adult entertainment business license for one year from the date the revocation became effective. If, subsequent to revocation, the Town finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date the revocation became effective. D. After denial of an application, or denial of a renewal of an application, or suspension or revocation of any license, the applicant or licensee may seek judicial review of such administrative action pursuant to Article 78 or the Civil Practice Law and Rules (or any similar successor statute) in any court of competent jurisdiction. Such special proceeding shall be brought within four months of the date of the denial, suspension or revocation. § 100-11. Transfer of license. A licensee shall not transfer his/her license to another, nor shall a licensee operate an adult entertainment business under the authority, of a license at any place other than the address designated in the application. § 100-12. Location of adult entertainment businesses. A person commits a misdemeanor if that person operates or causes to be operated an adult entertainment business in any zoning district other than as permitted under the provisions of Chapter 270, Zoning, of the Code of the Town of Ithaca. § 100-13. Additional regulations for adult motels. A. Evidence that a sleeping room in a hotel, motel, or a similar commercial establishment has been rented and vacated two or more times in a period of time that is less than 10 hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this chapter. B. A person commits a misdemeanor if, as the person in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not have an adult entertainment license, he rents or subrents a sleeping room to a person and, within 10 hours from the time the room is rented, he rents or subrents the same sleeping room again. C. For purposes of Subsection B of this section, the terms "rent" or "subrent" mean the act of permitting a room to be occupied for any form of consideration. 100:14 06-01-2004 § 100-14 ADULT USES § 100-14 § 100-14. Regulations for viewing rooms. A. A person who operates or causes to be operated an adult entertainment business, other than an adult motel, which exhibits on the premises in a viewing room of less than 150 square feet of floor space, a film, video cassette, live entertainment, or other video reproduction which depicts specified sexual activities or specified anatomical areas shall comply with the following requirements: (1) Upon application for an adult entertainment license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed 32 square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the North or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The Town may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared. (2) The application shall be sworn to be true and correct by the applicant. (3) No alteration in the configuration or location of a manager's station may be made without the prior approval of the Town. (4) It is the duty of the licensee of the premises to ensure that at least one licensed employee is on duty and situated in each manager's station at all times that any patron is present inside the premises. (5) No viewing room may be occupied by more than one person at any time. (6) The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than five footcandles as measured at the floor level. (7) It shall be the duty of the licensee to ensure that the illumination described above is maintained at all times that any patron is present in the premises. (8) No licensee shall allow openings of any kind to exist between viewing rooms or booths. (9) No person shall make or attempt to make an opening of any kind between viewing booths or rooms. (10) The licensee shall, during each business day, regularly inspect the walls between the viewing booths to determine if any openings or holes exist. 100:15 06-01-2004 § 100-14 ITHACA CODE § 100-17 (11) The licensee shall cause all floor coverings in viewing booths to be nonporous, easily cleanable surfaces, with no rugs or carpeting. (12) The licensee shall cause all wall surfaces and ceiling surfaces in viewing booths to be constructed of, or permanently covered by, nonporous, easily cleanable material. No wood, plywood, composition board or other porous material shall be used within 48 inches of the floor. B. A person having a duty under Subsection A(1) through (12) above commits a misdemeanor if he knowingly fails to fulfill that duty. § 100-15. Additional regulations for escort agencies. A. An escort agency shall not employ any person under the age of 18 years. B. A person commits an offense if the person acts as an escort or agrees to act as an escort for any person under the age of 18 years. § 100-16. Additional regulations for nude model studios. A. A nude model studio shall not employ any person under the age of 18 years. B. A person under the age of 18 years commits an offense if the person appears seminude or in a state of nudity in or on the premises of a nude model studio. It is a defense to prosecution under this subsection if the person under 18 years was in a rest room not open to public view or visible to any other person. C. A person commits an offense if the person appears in a state of nudity, or knowingly allows another to appear in a state of nudity in an area of a nude model studio premises which can be viewed from the public right-of-way. D. A nude model studio shall not place or permit a bed, sofa, or mattress in any room on the premises, except that a sofa may be placed in a reception room open to the public. § 100-17. Additional regulations concerning public nudity. A. It shall be a misdemeanor for a person to knowingly or intentionally in an adult entertainment business appear in a nude or seminude condition unless the person is an employee who, while nude or seminude, shall be at least six feet from any patron or customer and on a stage at least 18 inches from the floor. B. It shall be a misdemeanor for an employee, while nude or seminude in an adult entertainment business, to solicit any pay or gratuity from any patron or customer or for any patron or customer to pay or give any gratuity to any employee, while said employee is nude or seminude in an adult entertainment business. C. It shall be a misdemeanor for an employee, while nude or seminude, to touch a customer or the clothing of a customer. 100:16 06-01-2004 § 100-18 ADULT USES § 100-21 § 100-18. Prohibition against children in adult entertainment business. A person commits a misdemeanor if the person knowingly allows a person under the age of 18 years on the premises of an adult entertainment business. § 100-19. Hours of operation. No adult entertainment business, except for an adult motel, may remain open at any time between the hours of 1:00 a.m. and 8:00 a.m. on weekdays and Saturdays, and 1:00 a.m. and 12:00 p.m. on Sundays. § 100-20. Exemptions. It is a defense to prosecution under § 100-17 that a person appearing in a state of nudity did so in a modeling class operated: A. By a proprietary school, licensed by the State of New York, a college,junior college, or university supported entirely or partly by public taxation; B. By a private college or university which maintains and operates educational programs in which credits are transferable to a college,junior college, or university supported entirely or partly by public taxation; or C. In a structure: (1) Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and (2) Where, in order to participate in a class a student must enroll at least three days in advance of the class; and (3) Where no more than one nude model is on the premises at any one time. § 100-21. Injunction; penalties for offenses. A. A person who operates or causes to be operated an adult entertainment business without a valid license or in violation of any other provision of this chapter is subject to a suit for injunction as well as prosecution for criminal violations. B. Except where a violation of this chapter is stated to be a misdemeanor, each violation of any provision shall be punishable by a fine of up to $200 or up to 30 days' imprisonment or both. C. Violations which are stated to be misdemeanors shall be considered unclassified misdemeanors under the Penal Law and shall be punishable as set forth in the Penal Law. D. Each day a person or business acts or operates in violation of any provision of this chapter shall constitute a separate offense or violation. 100:17 06-01 -2M Chapter 104 AGRICULTURAL ASSESSMENTS § 104-1.Findings; purpose. § 104-3.Use of agricultural assessments § 104-2.Use of agricultural assessment on on lands outside of agricultural lands within agricultural district. district' § 104-4.Applicability. § 104-5.Effective date. [HISTORY: Adopted by the Town Board of the Town of Ithaca 2-8-1993 by L.L. No. 1-1993.Amendments noted where applicable.] GENERAL REFERENCES Zoning—See Ch.270. § 104-1. Findings; purpose. The Town of Ithaca is committed to preserving agricultural lands for agricultural purposes. The State Legislature has, by § 305, Subdivision 6, and § 306, Subdivision 5, of the New York State Agriculture and Markets Law, authorized the governing bodies of local municipalities which levy taxes for fire district purposes to adopt a local law permitting the use of agricultural assessments rather than full value assessments for the purposes of calculating such levy. The Town Board finds that such a local law would be advantageous in helping the farming community to maintain its lands as agricultural lands by reducing the cost of fire protection for those lands. Accordingly, this chapter is being adopted. § 104-2. Use of agricultural assessment on lands within agricultural district. The assessment determined pursuant to Subdivision 1 of § 305 of the New York State Agricultural and Markets Law shall be used for purposes of calculating the benefit assessments or special ad valorem levies for the Town of Ithaca Fire Protection District on agricultural lands within an agricultural district. § 104-3. Use of agricultural assessments on lands outside of agricultural district. The assessment determined pursuant to Subdivision 1 of § 306 of the New York State Agriculture and Markets Law shall be used for purposes of calculating the benefit assessments or special ad valorem levies for the Town of Ithaca Fire Protection District on agricultural lands outside an agricultural district. 104:1 06-01-2004 § 104-4 ITHACA CODE § 104-5 § 104-4. Applicability. The foregoing assessment modification shall apply only to agricultural lands that have qualified for the agricultural assessment in accordance with the applicable procedures set forth in Subdivision 1 of§ 305 and Subdivision 1 of § 306 of the Agriculture and Markets Law. § 104-5. Effective date. This chapter shall take effect as of February 28, 1993, and shall be applicable to all assessment rolls prepared for levying of taxes in the Town on and after said date. 104:2 06-01-2004 Chapter 112 ANIMALS ARTICLE I § 112-5.Minor owner; responsibility of Dog Control and Licensing head of household. § 112-6.Presumption. § 112-1.Purpose. § 112-2.Prohibited acts. § 112-7.Public cooperation. § 112-8.Penalties for offenses. § 112-3.Enforcement. § 112-9.License fees. § 112-4.Filing of complaints. [HISTORY: Adopted by the Town Board of the Town of Ithaca as indicated in article histories.Amendments noted where applicable.] GENERAL REFERENCES Noise—See Ch.184. Parks and recreation areas—See Ch.200. ARTICLE I Dog Control and Licensing [Adopted 5-10-1979 by L.L. No. 2-1979] § 112-1. Purpose. The purpose of this article is to promote the public health, safety, and welfare of the community, including the protection and preservation of the property of residents of the Town and its inhabitants, and of the peace and good order therein, by regulating and controlling activities of dogs within the Town of Ithaca and providing for enforcement thereof. § 112-2. Prohibited acts. Any owner of a dog or any other person who harbors or is custodian of any dog in the Town of Ithaca shall be in violation of this article if such dog: A. Is not restrained by an adequate collar and leash when not on the property of the owner or any other person harboring or having custody or control of the dog, or is not accompanied by and in the actual control of its owner or any other person harboring or having custody of the dog. B. Engages in such habitual or continued barking, howling, or whining so as to cause a person's rest to be broken, his sleep to be interrupted, or the reasonable use or enjoyment of his home or property to be otherwise interfered with, disturbed or diminished, or that causes a person to be otherwise harassed, annoyed or disturbed. C. Causes damage or destruction to property, or defecates, urinates or otherwise commits a nuisance other than on the premises of the person owning or harboring such dog. 112:1 06-01-2004 § 112-2 ITHACA CODE § 1124 D. When not on the premises of the person owning or harboring such dog, chases or otherwise harasses any person in such a manner as reasonably to cause intimidation to such person or to put such person into reasonable apprehension or bodily harm or injury. E. Except when it is on the premises of the owner, or other person harboring or having custody of the dog, where it is usually harbored, chases, barks at, leaps on, or otherwise attacks any bicycle, motorcycle, motorwagon, carnage, or any other vehicle or device used by persons for travel or as a conveyance, or any riders or occupants thereof, or horse, including any rider thereon, or other animal. F. Is unlicensed when four months of age or older.' G. Is not wearing a current valid New York State dog license identification tag while at large, whether or not restrained by an adequate collar and leash. H. Is not redeemed after notice of seizure is given to the owner within five days of such seizure. § 112-3. Enforcement. The Dog Control Officer of the Town of Ithaca, or any other person or persons who are or may be lawfully authorized by the Town shall, and all peace officers may, administer and enforce the provisions of this article, and for such purpose shall have the authority to issue appearance tickets and/or, when authorized by law, to seize dogs, either on or off the premises of the owner or person harboring such dog, if witnessed by any of the aforesaid persons or officers to be in violation of this article. § 112-4. Filing of complaints. A. Any person who observes a dog in violation of any acts prohibited by this article may file a signed complaint, under oath, with a Town Justice of the Town of Ithaca, or with the authorized Dog Control Officer, or with any peace officer, specifying the objectionable conduct of the dog, the date thereof, the damage caused, or the acts constituting violation of this article, and including the place or places where such conduct occurred and the name and residence, if known, of the owner or other person harboring such dog. Upon receipt of such a complaint, the authorized Dog Control Officer or peace officer receiving such complaint shall transmit same to the Town Justice. B. Upon receipt by the Town Justice of such complaint against the conduct of or acts by any particular dog, or the owner thereof or other person harboring such dog, the Town Justice may issue a written summons directing the alleged owner or other person harboring said dog to appear in person before him; if such person does not appear, the Town Justice may issue a warrant for the arrest of said person based upon any complaint of information previously filed. 1. Editor's Note:Amended at time of adoption of Code(see Ch.1,General Provisions,Art.I). 112:2 06-01-21104 § 112-5 ANIMALS § 112-9 § 112-5. Minor owner; responsibility of head of household. If any dog in violation of this article is owned by a person under 18 years of age, the head of household in which said person resides shall be deemed to be the owner of person harboring such dog and shall be responsible for the acts of said dog for purposes of this article. § 112-6. Presumption. The fact that the dog is in violation of any of the provisions of this article shall be presumptive evidence that the dog has been permitted to be in violation with the knowledge of the owner or person harboring the dog. § 112-7. Public cooperation. No person shall intentionally hinder, resist or oppose the authorized Dog Control Officer, peace officer, or other person authorized to administer or enforce the provisions of this article in the performance of his duties under this article. § 112-8. Penalties for offenses. A violation of this article shall constitute a violation as the same is defined in the Penal Law of the State of New York, and shall be punishable by a penalty of not more than $25 for the first violation, and not more than $50 for the second violation, and not more than $75 for the third and all subsequent violations, or by imprisonment for a term not to exceed five days for each violation. These penalties shall be in addition to any other penalties provided by law. § 112-9. License fees. A. The following fee schedule for the licensing of dogs in the Town of Ithaca for the year 1979 is established: (1) For male and spayed female dogs: $4; (2) For unspayed female dogs: $7. B. For the 1980 licenses the following fee schedule is established: (1) For spayed or neutered dogs: $5.50; (2) For unspayed or unneutered dogs: $10.50; (3) For purebred licenses as follows: (a) For 10 dogs or less: $25; (b) For 11 to 25 dogs inclusive: $50; (c) For more than 25 dogs: $100. 112:3 06-01-200a § 112-9 ITHACA CODE § 112-9 C. Remainder of 2003 and following years. [Added 10-23-2003 by L.L. No.3-20032] (1) For the remainder of the year 2003 and for following years the following fee schedule is established: (a) For neutered male and spayed female dogs: Local Fee Current State Fee Current Total Fee $6.00 $2.50 $8.50 (b) For unneutered male and unspayed female dogs: Local Fee Current State Fee Current Total Fee $6.00 $10.50 $16.50 (c) For purebred licenses as follows: Current State Current Total Number Local Fee Fee Fee For 10 dogs or less $15.00 $25.00 $40.00 For 11 to 25 dogs $25.00 $50.00 $75.00 inclusive For more than 25 $25.00 $100.00 $125.00 dogs (2) In the event that the State of New York changes any of the state fees set forth above, the total fee to be charged shall be modified to conform the portion of the fee that is a state fee to the then-current state fee charges. D. The local fee schedule contained in Subsection C above shall be effective November 1, 2003, and for all periods subsequent to that date unless amended by local law, or ordinance, or resolution of the Town Board enacted in the same manner as an ordinance. [Amended 10-23-2003 by L.L. No. 3-2003] E. In addition to the license fees set forth above, the Town Clerk of the Town of Ithaca shall continue to collect the research fee and the tag fee for each dog license as and when required by state law. 2. Editor's Note:This local law also redesignated original Subsections C and D as Subsections D and E,respectively. 112:4 06-01-20oa Chapter 121 BINGO § 121-1.Statutory authority; title. § 121-5.Control and supervision. § 121-2.Definitions. § 121-6.Mandatory referendum. § 121-3.Conduct of bingo games § 121-7.Severability. authorized; restrictions. § 121-8.Effective date. § 121-4.Sunday games. [HISTORY: Adopted by the Town Board of the Town of Ithaca 4-11-1995 by L.L. No. 13-1995 (approved at mandatory referendum 11-7-1995). Amendments noted where applicable.] GENERAL REFERENCES Games of chance—see Ch.166. § 121-1. Statutory authority; title. This chapter is adopted pursuant to the authority granted by § 477 of Article 14-H of the General Municipal Law and shall be known as the "Town of Ithaca Bingo Local Law." § 121-2. Definitions. The words and terms used in this chapter shall have the same meanings as such words and terms are used in Article 14-H of the General Municipal Law, unless otherwise provided herein or unless the context requires a different meaning. Without limiting the foregoing, the definitions of "authorized organization," "lawful purposes," "bingo," "game," as set forth in § 476 of the General Municipal Law, shall have the same definitions for the purposes of this chapter. § 121-3. Conduct of bingo games authorized; restrictions. Pursuant to, and in accordance with, the provisions of § 478, Subdivision 1, of the General Municipal Law of the State of New York and other applicable provisions of law, it shall be lawful for any authorized organization, upon obtaining a license therefor as provided in Article 14-H of the General Municipal Law and other applicable statutes, to conduct the game of bingo within the territorial limits of the Town of Ithaca, subject to the provisions of this chapter, the provisions of Article 14-H of the General Municipal Law, the provisions of the Bingo Control Law (Article 19-B of the Executive Law), and the rules and regulations set forth by any applicable New York State or local agency relating thereto. The conduct of bingo games shall be subject to the restrictions imposed by § 479 of the General Municipal Law. 121:1 06-01-2M § 121-4 ITHACA CODE § 121-8 § 121-4. Sunday games. Pursuant to § 485 the conduct of bingo games on Sunday is hereby authorized. § 121-5. Control and supervision. The powers and duties set forth in Subdivision 1 of § 484 shall be exercised on behalf of the Town of Ithaca by the Town Supervisor, the Town Clerk, the Town Building and Zoning Enforcement Officer, and such other person or persons as the Town may direct by resolution from time to time. § 121-6. Mandatory referendum. In accordance with the provisions of § 478, Subdivision 2, of the General Municipal Law and § 23, Subdivision 1, of the Municipal Home Rule Law, this chapter shall not become operative or effective unless and until it shall have been approved at the next general election held within the Town of Ithaca by the affirmative vote of a majority of the qualified electors of the Town voting upon the proposition.' § 121-7. Severability. If any part or provision of this chapter or the application thereof to any person or circumstance be judged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this chapter or the application thereof to other persons or circumstances. § 121-8. Effective date. This chapter shall take effect, if approved as set forth above by the electors, on November 15, 1995. 1. Editor's Note: The adoption of L.L.No. 13-1995 (comprising this chapter)was approved at mandatory referendum 11-7-1995. 121:2 06-01-2004 Chapter 125 BUILDING CONSTRUCTION AND FIRE PREVENTION § 125-1. Scope. § 125-9. Violations. § 125-2. Administration. § 125-10.Penalties for offenses. § 125-3. Rules and regulations. § 125-11.Records. § 125-4. Building permits. § 125-12.Removal of dangerous buildings § 125-5. Construction inspections. or structures. § 125-6. Certificates of occupancy. § 125-13.Variance and review. § 125-7. Use and operating permits. § 125-14.Miscellaneous provisions. § 125-8. Firesafety inspections. § 125-15.Modification of provisions. [HISTORY: Adopted by the Town Board of the Town of Ithaca 12-7-1981 by L.L. No. 1-1981.Amendments noted where applicable.] GENERAL REFERENCES Unsafe buildings—See Ch.129. Signs—See Ch.221. Fees—See Ch.153. Construction of sidewalks—See Ch.230,Arl.II. Flood damage prevention—See Ch.157. Subdivision of land—See Ch.234. property maintenance—See Ch.205. Zoning—See Ch.270. § 125-1. Scope. [Amended 10-5-1987 by L.L. No. 14-1987] This chapter shall provide the basic method for administration and enforcement of the New York State Uniform Fire Prevention and Building Code (hereinafter referred to as the "Building Code") in the Town of Ithaca, and shall establish powers, duties, and responsibilities in connection therewith. § 125-2. Administration. [Amended 10-5-1987 by L.L. No. 14-1987; 7-9-1990 by L.L. No. 8-1990] The Building Inspector and Zoning Enforcement Officer (hereinafter 'Building Inspector") is hereby designated to administer and enforce the Building Code within the Town of Ithaca. In the event the Building Inspector is not available, the Assistant Building Inspector and Zoning Enforcement Officer, the Town Supervisor of the Town of Ithaca or the Deputy Town Supervisor is authorized to administer and enforce the Building Code and to issue permits, certificates, and other notifications thereunder. § 125-3. Rules and regulations. A. The Town Board may adopt rules and regulations for the administration and enforcement of the Building Code. Such rules and regulations shall not conflict with the Building 125:1 06-01-2004 § 125-3 I THACA CODE § 125-4 Code, this chapter, or any other provision of law. [Amended 10-5-1987 by L.L. No. 14-1987] B. The Town Board shall publish all rules and regulations at least 30 days prior to the effective date thereof in a newspaper of general circulation within the Town of Ithaca. § 125-4. Building permits. [Added 10-5-1987 by L.L. No. 14-1987] A. No person, firm, corporation, association or other organization shall commence the erection, construction, enlargement, alteration, improvement, repair, removal, or demolition of any building or structure, nor install heating equipment, without having applied for and obtained a building permit from the Building Inspector. No permit shall be required under those circumstances set forth in Chapter 270, of the Code of the Town of Ithaca (hereinafter referred to as the "Zoning Ordinance") under which no permit is required. B. Applications for building permits may be obtained from the Building Inspector. (1) A completed application must be delivered to the Building Inspector and must include: (a) The signature of the applicant or authorized agent; (b) A description of the site on which the proposed work is to be done; (c) A statement of the use or occupancy of all parts of the land and of the proposed building or structure; (d) A brief description of the proposed work; (e) The estimated cost of the proposed work with appropriate substantiation as may be required by the Building Inspector; (f) The full name and address of the owner and applicant and, if either be a corporation, the names and addresses of responsible officers; (g) A set of plans and specifications for the proposed work; (h) A site plan showing the location of the proposed work on the site and showing the property lines of the site; (i) The fee as set forth in the most recent local law, ordinance, or resolution adopted by the Town Board establishing such fee, including, without limitation, the local law regarding same adopted on or about December 12, 1994, to be effective January 1, 1995, as the same may have been subsequently amended.' [Amended 12-3-1994 by L.L. No. 10-19941 1. Editor's Note:See Ch.153,Fees. 125:2 06-01-2004 § 125-4 BUILDING CONSTRUCTION AND FIRE PREVENTION § 125-4 (j) A statement that the work shall be performed in compliance with Chapter 270, Zoning, the Building Code, and other applicable state and local laws, ordinances, and regulations; (k) Such other materials, information, or items as may be reasonably required by the Building Inspector in order to determine whether the proposed work will be in compliance with all applicable laws, rules, regulations, including Chapter 270, Zoning, the Building Code, and this chapter. (2) The Building Inspector may waive the requirement of plans and specifications and may waive such of the other requirements in those circumstances where the work to be done involves minor alterations or where such required information is not otherwise necessary. C. At the option of the Building Inspector the Building Inspector may require that the plans and specifications be accompanied by a certification from a registered architect or licensed professional engineer of this state that such plans and specifications comply with the applicable provisions of the Building Code and all local ordinances and requirements. D. The applicant shall notify the Building Inspector of any changes in the information contained in the application during the period for which the permit is in effect. A permit will be issued when the application has been determined to be complete and when the proposed work is determined to conform to the requirements of the Building Code, Chapter 270, Zoning, and any other applicable laws, rules or regulations. The authority conferred by such permit may be limited by conditions, if any, contained therein. E. All work performed pursuant to such permit shall be in accordance with the information and representations made in the application for a permit and there shall be no deviations therefrom without the prior approval of the Building Inspector. Such approval may be withheld until sufficient information is provided to the Building Inspector in form and substance reasonably satisfactory to the Building Inspector to demonstrate that the proposed deviation is in compliance with the Building Code, Chapter 270, Zoning, this chapter, and all other applicable laws,rules and regulations. F. A building permit, when issued, shall be prominently displayed on the property or premises to which it pertains. G. A building permit, once issued, may be suspended or revoked if the Building Inspector or other appropriate officer determines that the work to which it pertains is not proceeding in conformance with the application, with the Building Code, with Chapter 270, Zoning, with any other law, rule, regulation or ordinance, or with any condition attached to such permit, or if there has been a misrepresentation or falsification of a material fact in connection with the application for the permit. H. A building permit shall expire one year from the date of issuance or upon the issuance of a certificate of occupancy (other than a temporary certificate of occupancy), whichever occurs first. The permit may, upon written request, be renewed for successive one-year periods provided that 1) the permit has not been revoked or suspended at the time the application for renewal is made; 2) the relevant information in the application is up-to-date; 3) a renewal fee is paid as set forth in the most recent local law, ordinance, or 125:3 06-01-2004 § 1254 ITHACA CODE § 1254 resolution adopted by the Town Board establishing such fee, including, without limitation, the local law regarding same adopted on or about December 12, 1994, to be effective January 1, 1995, as the same may have been subsequently amended.'At the option of the Building Inspector, where the work disclosed by the application may reasonably be expected to take longer than one year, the Building Inspector may issue an initial building permit for a term of greater than one year, but in no event greater than three years, the term to be the length of time it would be reasonably anticipated to complete the work set forth in the application. [Amended 12-3-1994 by L.L. No. 10-1994] I. Permits to construct a foundation, only in circumstances where it is contemplated that a building will be constructed on the foundation, may be issued in the discretion of the Building Inspector under the following circumstances and subject to the following limitations: [Added 4-9-1990 by L.L. No.6-19901 (1) The circumstances under which foundation permits may be issued are as follows: (a) There has been supplied to the Building Inspector plans which, in the Building Inspector's judgment, are adequate for him to evaluate and review the proposed construction of the foundation. (b) The applicant provides information satisfactory to the Building Inspector, such as an engineer's or architect's certification, that the foundation will be adequate to carry the load of the proposed permanent structure. (c) The need for the foundation permit is established to the satisfaction of the Building Inspector (e.g., onset of adverse weather conditions, immediate availability of masons, proposed construction to be on a fast-track basis, or other reasonable basis for early issuance of a permit for only part of the building). (2) Issuance of a foundation permit is wholly discretionary with the Building Inspector and the applicant shall have no right to the issuance of same. (3) In addition to the conditions on such permits imposed by this chapter, the Building Inspector may impose such conditions on the issuance of such permits as the Building Inspector may reasonably require to protect the health, safety and welfare of the public including the persons that may be in or around the proposed foundation. Such conditions may also include the requirement that the applicant post security in the form of a bond, cash, or letter of credit with the Town to assure that the foundation will be removed if a building permit for the entire building is not issued within a stated period of time, such security to be available to the Town to enable the Town to restore the premises to their condition prior to the construction of the foundation for which the permit was issued. (4) The issuance of any foundation permit by the Building Inspector may be revoked by the Town Board if, in its discretion, the Town Board determines the issuance of the foundation permit was inappropriate. 2. Editor's Note:See Ch.153,Fees. 125:4 06-01-moa § 1254 BUILDING CONSTRUCTION AND FIRE PREVENTION § 1254 (5) Issuance of a foundation permit does not relieve the applicant from fulfilling any and all requirements for the issuance of a full building permit for the proposed construction. (6) Issuance of a foundation permit shall not be construed to be a determination that a building permit will be automatically issued for the balance of the structure. (7) Foundation permits may be revoked at any time by the Building Inspector if the Building Inspector in his discretion: (a) Determines that the foundation will not be adequate to support the balance of the structure; (b) Determines the applicant is not taking proper precautions to prevent endangering life, health, property, or the public welfare in the course of constructing the foundation; (c) Determines, in his judgment, that the applicant is not proceeding diligently and properly to provide complete and adequate plans for the issuance of a full building permit. (d) Becomes aware of information not previously submitted or available that makes issuance of a foundation permit inappropriate or inadvisable. (e) Determines the existence of any other circumstance which reasonably requires the revocation of the permit. (8) If a building permit for the remainder of the building has not been issued within six months of the date of the foundation permit, the foundation permit automatically expires. However, the Building Inspector may renew the permit for one or more successive periods of not more than six months per application upon payment of a fee calculated as if each application were an application for the original issuance of such a permit. (9) Upon the revocation or the expiration of a foundation permit without a renewed foundation permit or a building permit for the balance of the building having been issued, the foundation constructed pursuant to the foundation permit must be removed and the ground restored by the owner to substantially the condition it was prior to the commencement of any excavation and construction. (10) The fees for issuance of a foundation permit are as set forth in the most recent local law, ordinance, or resolution adopted by the Town Board establishing such fee, including, without limitation, the local law regarding same adopted on or about December 12, 1994, to be effective January 1, 1995, as the same may have been subsequently amended.'The fee is not refundable and is not credited against the fee for the building permit for the entire building. [Amended 12-3-1994 by L.L.No. 10-1994] 3. Editor's Note:See Ch.153,Fees. 125:5 06-01-2004 § 125-5 ITHACA CODE § 125-6 § 125-5. Construction inspections. [Added 10-5-1987 by L.L. No. 14-1987] A. Work for which a building permit has been issued shall be inspected for approval by the Building Inspector prior to enclosing or covering any portion thereof and upon completion of each stage of construction, including but not limited to building location, site preparation, excavation, foundation, framing, superstructure, electrical, plumbing, heating, air-conditioning, fire protection and detection systems and exit features. It shall be the responsibility of the owner, applicant, or his agent, to inform the appropriate inspector that the work is ready for inspection and to schedule such inspection. To facilitate such inspection and to insure compliance with appropriate Zoning and Building Code requirements, the Building Inspector may require submission at the appropriate stage of documentation to substantiate such compliance including, without limitation, the following items: (1) As-built survey maps by a licensed surveyor showing the location of the foundation relative to property boundary lines and dimensions of the structure; (2) Appropriate certifications from an engineer relative to water, sewage, structural integrity, and such other items as the Building Inspector may deem reasonably appropriate certifying that the stated items are in accordance with all applicable laws, rules and regulations; (3) Certificates from appropriate electrical inspection agencies such as New York Board of Fire Underwriters certifying that the electrical work is in compliance with all applicable laws, codes,rules and regulations. B. The Building Inspector or his designee shall have the power to order, in writing, the remedying of any condition found to exist in, on, or about any building, structure or premises in violation of the Building Code, Chapter 270, Zoning, or any other applicable law, rule or regulation, and shall have the authority to state the time period within which such condition must be remedied. Such orders may be served upon the owner or his authorized agent personally or by registered mail sent to the address set forth in the application for any permit submitted to the Town of Ithaca or to the owner's or agent's last known address. If such condition is not remedied within the time set forth, among any other remedies that may be available to the Town of Ithaca, the Building Inspector or his designee may revoke the building permit for such construction and no further construction shall occur until a new permit has been issued. C. The Building Inspector or his designee shall have the right of entry, at all reasonable hours, to any building, structure, or site where work or activity is contemplated or being done under the provisions of this chapter, or to any building or site alleged to be unsafe to life or health, upon the exhibition of proper evidence of their position at the Town. Interference with such authorized entry in an official capacity shall be punishable as a violation of this chapter. § 125-6. Certificates of occupancy. [Added 10-5-1987 by L.L. No. 14-1987] A. Except as set forth below in Subsection B, a building or structure for which a building permit has been issued shall not be used or occupied in whole or in part until the 125:6 06-01-2004 § 125-6 BUILDING CONSTRUCTION AND FIRE PREVENTION § 125-6 certificate of occupancy shall have been issued by the Building Inspector or such other person designated by the Town of Ithaca. Such certificate of occupancy shall be issued when, after final inspection, it is determined that the construction and other work has been completed in compliance with the Building Code, Chapter 270, Zoning, and other applicable laws, rules and regulations. B. Upon request, the Building Inspector may issue a temporary certificate of occupancy for a building or structure, or part thereof, pending completion of the work and before the entire work covered by a building permit has been completed upon the conditions and limitations set forth below. [Amended 49-1990 by L.L. No. 5-1990] (1) Before issuing a temporary certificate of occupancy the Building Inspector must find: (a) The portion or portions of the work for which the certificate is sought may be used or occupied temporarily without endangering life, property or the public welfare; and (b) Practical difficulties exist in completing the building to the point where the building would qualify for a permanent certificate of occupancy because of: [1] Construction delays resulting from: [a] Unfavorable and unusually difficult weather conditions; or [b] Inability to timely obtain materials; or [c] Other conditions found by the Building Inspector to warrant early occupancy; or [2] The need to occupy the premises before a building qualifies for a permanent certificate of occupancy is related to the normal seasonal occupancy dates (e.g., late August when the community has the normal influx of University-related residents); or [3] Any other reason found by the Building Inspector to be appropriate for the issuance of such temporary certificate. (2) The granting of a temporary certificate of occupancy is solely within the discretion of the Building Inspector and no applicant shall have a right to same. (3) In addition to the conditions on such certificates imposed by this chapter, the Building Inspector may impose such conditions on the issuance of such certificates as the Building Inspector may reasonably require to protect the health, safety and welfare of the public including the persons that may be in or around the building or structure being partially occupied. Such conditions may also include the requirement that the applicant post security in the form of a bond, cash, or letter of credit with the Town to assure that the building or structure for which a temporary certificate of occupancy is sought will be fully completed and qualify for a permanent certificate of occupancy for the entire building within a stated period of time, or will be vacated if no such certificate is obtained within such period of 125:7 06-01-2004 § 125-6 ITHACA CODE § 125-6 time, such security to be available to the Town to enable the Town to bring an action to enjoin continued occupancy in the absence of a permanent certificate and to take such other steps as may be reasonably necessary or appropriate to protect the public health and welfare. (4) If the Town Board, in its discretion, deems the granting of the temporary certificate of occupancy inappropriate, the Town Board may overrule the Building Inspector in which event the temporary certificate shall terminate 30 days after its issuance or 15 days after the decision overruling the Building Inspector, whichever is later. (5) The issuance of temporary certificate of occupancy does not relieve the applicant from fulfilling any and all requirements not yet completed at the date of the issuance of the temporary certificate of occupancy. (6) Issuance of a temporary certificate of occupancy is not to be construed as a deterniination that a final certificate of occupancy will be automatically issued. (7) In addition to the Town Board's privilege of revoking the temporary certificate of occupancy, it may also be revoked by the Building Inspector at any time under one or more of the following circumstances: (a) The Building Inspector becomes aware of a condition which presently endangers, or in the future may endanger, life, health, property, or the public welfare, including the health or welfare of any persons in or around the premises subject to the temporary certificate. (b) The Building Inspector determines in his judgment that the applicant is not proceeding diligently and properly to complete whatever work remains in order to obtain a permanent certificate of occupancy. (c) The Building Inspector becomes aware of information not previously submitted or available that makes issuance of a temporary certificate of occupancy reasonably inappropriate or inadvisable. (d) The Building Inspector determines the existence of any other circumstance which reasonably requires the revocation of the certificate. (8) The temporary certificate of occupancy shall be issued for such period as the Building Inspector may elect, but not in any event to exceed six months. However, the Building Inspector may renew the certificate for one or more successive periods of not more than six months per application upon payment of a fee calculated as if each application were an application for the original issuance of such a temporary certificate. (9) A temporary certificate of occupancy can also be granted by the Building Inspector in those circumstances not involving new construction where a violation of Chapter 270, Zoning, or other rule or regulation becomes apparent to the Building Inspector, the owner or other person in possession is taking action (either by construction or by application for an appropriate variance) to correct the violation, and the issuance of the temporary certificate of occupancy will not endanger life, 125:8 06-01 -2004 § 125-6 BUILDING CONSTRUCTION AND FIRE PREVENTION § 125-7 health, property, or the public welfare. The issuance of a temporary certificate of occupancy under these circumstances and the right to revoke same are governed by the same provisions relating to the issuance of a temporary certificate of occupancy based upon construction pursuant to a building permit. (10) The fees for issuance of a temporary certificate of occupancy are as set forth in the most recent local law, ordinance, or resolution adopted by the Town Board establishing such fee, including, without limitation, the local law regarding same adopted on or about December 12, 1994, to be effective January 1, 1995, as the same may have been subsequently amended! [Amended 12-3-1994 by L.L. No. 10-1994] C. A certificate of occupancy may be issued for any building or individual dwelling unit at any other time after inspection thereof by request, determination of compliance and payment of the prescribed fees. § 125-7. Use and operating permits. [Amended 10-5-1987 by L.L. No. 14-1987; 5-13-1991 by L.L. No. 9-1991] A. issuance. (1) Upon payment of the fee, as prescribed in the schedule of fees adopted by the Town Board, use permits shall be issued by and bear the name and signature of the Building Inspector and shall specify: (a) Activity or operation for which such permit is issued. (b) Address or location where activity or operation is to be conducted. (c) Name and address of permittee. (d) Use permit number and date of issuance. (e) Period of use permit validity. (2) At the option of the Building Inspector a use permit may be combined with a building permit if such combination is appropriate. B. Use permits shall not be transferable and any change in activity, operation, location, ownership, or use shall require a new use permit. C. Use permits shall continue until revoked or for a period of time designated at the time of issuance. An extension of the use permit time period may be granted provided a satisfactory reason can be shown for failure to start or complete the work or activity authorized within the required time period. D. Use permits shall be obtained for the following: 4. Editor's Note:See Ch.153,Fees. 125:9 06-01-2004 § 125-7 TTHACA CODE § 125-7 (1) Acetylene generators: To operate an acetylene generator having a calcium carbide capacity exceeding five pounds. (2) Automobile tire rebuilding plants: To operate an automobile tire rebuilding plant. (3) Automobile wrecking yards: To operate an automobile wrecking yard. (4) Bowling establishments: For bowling pin refinishing and bowling lane resurfacing operations involving the use and application of flammable or combustible liquids or materials. (5) Cellulose nitrate motion-picture film: To store, keep or have on hand more than 25 pounds of cellulose nitrate motion-picture film. (6) Cellulose nitrate plastics (pyroxylin): (a) To store, keep or have on hand more than 25 pounds of cellulose nitrate plastics (pyroxylin). (b) To manufacture articles of cellulose nitrate plastic (pyroxylin) which shall include the use of cellulose nitrate plastics (pyroxylin) in the manufacture or assembling of other articles. (7) Combustible fibers: To store, handle, or use combustible fibers in quantities in excess of 100 cubic feet, except agricultural products on a farm. (8) Combustible materials: To store combustible materials including but not limited to empty combustible packing cases, boxes, barrels, or similar containers, rubber tires, baled cotton, rubber, cork, or other similar materials in excess of 2,500 cubic feet gross volume on any premises. (9) Compressed gases: (a) To store, handle, or use at normal temperatures and pressures more than: [1] 2,000 cubic feet of flammable compressed gas; or [2] 6,000 cubic feet of nonflammable compressed gas. (b) To store, handle or use any quantity of liquefied, natural or hydrogen gas. (10) Cryogenics: To store, handle, or use cryogenic fluids, except cryogenics used as a motor fuel and stored in motor vehicle tanks, as follows: (a) Production, sale or storage of cryogenic fluids. (b) Storage or use of flammable cryogenic fluids, cryogenic oxidizers, or liquefied oxygen in excess of 10 gallons. (11) Dry-cleaning plants: To use in excess of four gallons of solvents or cleaning agents classified as flammable or combustible. 125:10 06-01-2004 § 125-7 BUILDING CONSTRUCTION AND FIRE PREVENTION § 125-7 (12) Dust producing plants: To operate any grain elevator, flour, starch, or feed mill, woodworking plant, or plant pulverizing aluminum, coal, cocoa, plastics, magnesium, spices, sugar, sulfur, or other materials producing explosive-potential dust. (13) Explosive ammunition and blasting agents: (a) To manufacture, possess, store, sell, or otherwise dispose of explosives and blasting agents. (b) To use explosives or blasting agents. (c) To operate a terminal for handling explosives or blasting agents. (14) Flammable and combustible liquids: (a) To store, handle, or use flammable liquids in excess of 6 1/2 gallons inside dwellings, or in excess of 10 gallons inside any other buildings or other occupancy, or in excess of 60 gallons outside of any building. [1] This provision shall not apply to: [a] Liquids in the fuel tank of a motor vehicle, aircraft, portable or stationary engine, boat or portable heating plant. [b] Paints, oils, varnishes or similar flammable mixtures, when such liquids are stored for maintenance, painting, or similar purposes. (b) To store, handle, or use combustible liquids in excess of 25 gallons inside a building, or in excess of 60 gallons outside of a building. [1] This provision shall not apply to fuel oil used in connection with oil burning equipment. (c) A permit shall be obtained for the initial installation of an oil burner and a fuel oil tank used in connection therewith. A permit shall be required for the replacement of a fuel oil tank connected to an oil burner. (d) For processing, blending, or refining a flammable or combustible liquid. (15) Flammable finishing: For spraying, coating, or dipping operations utilizing flammable or combustible liquids. (16) Fruit ripening process: To conduct a fruit ripening process using ethylene gas. (17) Fumigation and thermal insecticidal fogging: To conduct fumigation or thermal insecticidal fogging operations. (18) Hazardous chemicals: (a) To store, handle, or use more than 55 gallons of corrosive liquids, or more than 50 pounds of oxidizing materials, or more than 10 pounds of organic peroxides, or more than 50 pounds of nitromethane, or 1,000 pounds or more 125:11 06-01-2004 § 125-7 1THACA CODE § 125-7 of ammonium nitrate, ammonium nitrate fertilizers and fertilizer mixtures containing 60% or more ammonium or any amount of toxic material or poisonous gas. (b) To store, handle, or use any quantity of air-reactive, water-reactive, or unstable materials. (19) Junkyards: To operate a junkyard. (20) Liquefied petroleum gas: For each installation of liquefied petroleum gas employing a container or an aggregate or interconnected container of over 2,000 gallons water capacity, and for each permanent installation, irrespective of size of containers, made at buildings in which 20 or more persons congregate for civic, political, educational, religious, social or recreational purposes. Installers shall maintain a record of all installations and replacement of portable cylinders, and have it available for inspection. (21) Lumberyards: To operate a lumberyard. (22) Magnesium: For melting, casting, heat treating, machining, or grinding of more than 10 pounds of magnesium per working day. (23) Matches: (a) To manufacture matches. (b) To store matches in excess of 25 cases. (NOTE: One case equals one matchman's gross of 14,400 matches.) (24) Organic coatings: To perform organic coating operations utilizing more than one gallon of organic coating on any working day. (25) Ovens and furnaces: To operate industrial processing ovens and furnaces operating at approximately atmospheric pressures and temperatures not exceeding 1,400° F. which are heated with oil and gas fuel or which during operation contain flammable vapors from the material in the oven or catalytic combustion system. (26) Places of assembly: To maintain, operate, or use a place of assembly. (27) Service stations and repair garages: To operate a service station or repair garage. (28) Welding cutting: To operate a welding and cutting business. E. Consolidated use permits. When more than one use permit is required for the same property or premises, a single use permit may be issued listing all materials or operations covered. Revocation of a portion or portions of such consolidated use permit, for speck hazardous materials or operations, shall not invalidate the remainder. F. Location of use permits. Use permits shall be kept on the property or premises covered by the use permit or carried by the use permit holder. G. On and after January 1, 1993, no person, fum, corporation, association, or other organization shall use or occupy any of the following facilities unless the owner or 125:12 06-01-2004 § 125-7 BUILDING CONSTRUCTION AND FIRE PREVENTION § 125-8 authorized agent of the owner has applied for and has, after inspection as set forth in § 125-8 below, obtained an operating permit for the following uses: (1) Multiple residences involving buildings containing three or more dwelling units. (2) Health care facilities where more than 10 people normally sleep nightly, including hospitals, nursing homes, infirmaries, and sanitariums. (3) Day-care centers as defined in Chapter 270, Zoning, of the Code of the Town of Ithaca. (4) Dormitories providing accommodations for sleeping for hire for more than four people. (5) Motels or hotels providing sleeping accommodations for hire for more than four people. H. An operating permit shall be valid for a period of three years from its date of issuance. I. The operating permit shall be displayed on the property or premises covered by the operating permit. J. Revocation of use and operating permits. Use or operating permits may be suspended or revoked when it is determined that there is a violation of a condition under which the permit was issued, or there has been misrepresentation or falsification of material facts in connection with the permit application or a condition of the permit, or where there is a violation of applicable law under which the use or operating permit was issued which would have precluded issuance of the permit had such violation been in existence at the date of issuance of the permit. § 125-8. Firesafety inspections. [Amended 10-5-1987 by L.L.No. 14-1987] A. The Building Inspector shall conduct periodic inspections of areas of public assembly as defined in Part 606 of Title 9 of the Official Compilation of Codes, Rules and Regulations of the State of New York, or any successor part of said regulations, at least once per year. Such inspections may be made at any reasonable time. B. The Building Inspector shall inspect the facilities enumerated in § 125-7G at least once every three years. Such inspections may be made at any reasonable time. Upon completion of the inspection if the Building Inspector is satisfied that the buildings so inspected are in compliance with the Building Code, Chapter 270, Zoning, and other laws of the Town of Ithaca relating to the safety of buildings, the Building Inspector shall issue an operating permit upon payment of the applicable fees for the inspection and the permit. [Added 5-13-1991 by L.L. No. 9-19915] C. All other buildings, structures, premises, and uses within the Town of Ithaca to which the Building Code applies shall be periodically inspected for compliance with the provisions of the Building Code as they apply to fire prevention and safety. S. Editor's Note:This local law also provided for the redesignation of subsequent subsections. 125:13 06-01-2004 § 125-8 ITHACA CODE § 125-10 D. An inspection of a building or dwelling unit may be performed at any other time upon a) a request of the owner or authorized agent; b) receipt of a written statement specifying grounds upon which the subscriber believes a violation of the Building Code, Chapter 270, Zoning, or other law, rule or regulation exists, or c) receipt of other reasonable and reliable information that such violation exists. E. If entrance to make an inspection is refused or cannot be obtained the Building Inspector or his designee shall have the right to make such inspections as are set forth above in this chapter or, in the alternative, may apply for a warrant to make an inspection to any court of competent jurisdiction. § 125-9. Violations. A. A person owning, operating, occupying or maintaining property or premises within the scope of the Building Code or this chapter shall comply with all provisions of the Building Code, this chapter, and all orders, notices, rules, regulations or determinations issued in connection therewith. [Amended 10-5-1987 by L.L. No. 14-1987] B. Whenever the Building Inspector finds that there has been a violation of the Building Code, this chapter, or any rule or regulation adopted pursuant to this chapter, a violation order shall be issued to the person or persons responsible. [Amended 10-5-1987 by L.L. No. 14-1987] C. Violation orders shall be in writing, shall identify the property or premises, shall specify the violation and remedial action to be taken, shall provide a reasonable time limit for compliance, and shall state the time within which an appeal may be taken. D. Violation orders may be served by personal service, by mailing by registered or certified mail sent to the address set forth in the application for any permit submitted to the Town or to the property address, or by posting a copy thereof on the premises that are the subject of the notice of violation and mailing a copy on the same day as posted, enclosed in a prepaid wrapper, addressed to the last known address of the owner as set forth in the Town of Ithaca records, or if none, in the most recent tax roll available to the Town of Ithaca. [Amended 10-5-1987 by L.L. No. 14-19871 E. In case the owner, lessor, occupant or the agent of any of them shall fail, neglect or refuse to remove, eliminate or abate the violation within the time specified in the violation order, a request to take appropriate legal action shall be made to the Town Attorney of the Town of Ithaca. § 125-10. Penalties for offenses. [Amended 10-5-1987 by L.L. No. 14-19871 A. Failure to comply with any provision of the Building Code, this chapter, rules or regulations adopted pursuant to this chapter, or a violation order shall be deemed a violation and the violator shall be liable for a fine of not less than $100, or imprisonment not to exceed 30 days, or both, and each day such violation continues shall constitute a separate violation. The Building Inspector is hereby authorized to issue an appearance 125:14 06-01-2004 § 125-10 BUILDING CONSTRUCTION AND FIRE PREVENTION § 125-12 ticket for any violation of this chapter pursuant to Chapter 9, Appearance Tickets, of the Code of the Town of Ithaca. B. An action or proceeding in the name of the Town of Ithaca may be commenced in any court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of the Building Code, this chapter, rule or regulation adopted pursuant to this chapter, or a violation order, or to vacate the occupancy or building in the case of imminent danger to life or property. Such remedy shall be in addition to penalties otherwise prescribed by law. § 125-11. Records. The Building Inspector shall keep official records of all permits, inspection reports, recommendations, complaints and violation orders. § 125.12. Removal of dangerous buildings or structures.6 A. A building or structure, or part thereof, which is an imminent danger to life and safety of the public as a result of a fire or explosion is hereby declared to be a public nuisance. B. Whenever the Building Inspector finds a building or structure, or part thereof, to be an imminent danger to life and safety of the public as a result of a fire or explosion, the Building Inspector may cause it to be demolished and removed or may cause work to be done in and about the building or structure as may be necessary to remove the danger. C. The Building Inspector may require the occupants of any such building or structure, or part thereof, to vacate the premises forthwith. No person shall use or occupy such building or structure, or part thereof, until it is made safe. D. Except for the owner, no person shall enter premises which have been ordered vacated unless authorized to perform inspections, repairs, or to demolish and remove such building or structure, or part thereof. E. All costs and expenses incurred by the Town of Ithaca in connection with any work done to remove the danger, or in connection with the demolition and removal of any such building or structure shall be assessed against the land on which such building or structure is located, and a bill for such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained, then such bill shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner shall fail to pay for such expenses within 10 days after the bill is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred, and the owner thereof with the Assessor, who shall in the preparation of the next assessment roll assess such amount upon such property. Such amount shall be 6. Editor's Note:See also Ch.129,Buildings,Unsafe. 125:15 06-01-2004 § 125-12 ITHACA CODE § 125-15 included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time, and under the same penalties as are provided by law for collection and enforcement of real property taxes in the Town of Ithaca. § 125-13. Variance and review. [Amended 10-5-1987 by L.L. No. 14-1987] A. A request for a variance from the requirements of Chapter 270, Zoning, shall be processed in accordance with the provisions of Chapter 270, Zoning. B. A request for a variance from the provisions of the Building Code and an appeal to review determination of or failure to render a determination by the Building Inspector based upon the Building Code shall be processed with the appropriate Board of Review as provided in Title 19 of the New York Official Compilation of Codes, Rules and Regulations, Part 440, or any successor rules, regulations or statutes. § 125-14. Miscellaneous provisions. [Amended 5-13-1991 by L.L. No. 9-1991] Inspections of premises belonging to the county, state or federal governments, or any agency thereof, public or private institutions, including, without limitation, hospitals, nursing homes, buildings for senior.citizens, hotels and motels or public or private educational institutions, including Ithaca College and Cornell University (including any private research facilities located on property belonging to said educational institutions), shall continue to be made in the same manner and shall be conducted by the same personnel as has been the case prior to the adoption of this chapter or any amendments thereto, unless otherwise specifically provided herein. This provision shall continue in force and effect until such time as this chapter shall be further modified by local law or resolution of the Town Board or until resolutions are promulgated by the Town Board. § 125-15. Modification of provisions. The Town Board may modify, delete or add to the provisions of this chapter not only by local law or ordinance but also by any resolution, rules or regulations which the Town Board may enact or adopt. 125:16 06-01-2004 Chapter 129 BUILDINGS, UNSAFE § 129-1.Removal or repair required. § 129.2.Procedures. [HISTORY: Adopted by the Town Board of the Town of Ithaca 7-7-1960. Amendments noted where applicable.] GENERAL REFERENCES Building construction and fire prevention—See Ch.125. Property maintenance—See Ch.205. § 129-1. Removal or repair required. [Amended 9-141987 by L.L. No. 13-1987] Any buildings or structures within the Town of Ithaca which are now or should hereafter become dangerous or unsafe to the public, or shall have collapsed or be in danger of collapsing, shall be either removed, and the ground in the area of such building filled and leveled to the natural grade, or repaired to meet the standards of the New York State Uniform Fire Prevention and Building Code. § 129-2. Procedures. The following shall be provided: A. An inspection and report by the Town Building Inspector. B. Notice to be served on the owner or some one of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the property, either personally or by registered mail addressed to the last known address, if any, of the owner or some one of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in same, as shown by the records of the receiver of taxes and/or in the office of the County Clerk or County Register, containing a description of the premises, a statement of the particulars in which the building or structure is unsafe or dangerous and an order requiring same to be made safe and secure or removed; and if such service be made by registered mail, for a copy of such notice to be posted on the premises. C. After notice has been served as provided under Subsection B above, work on removal or repair of the building or structure in question shall be begun within 60 days and such work shall thereafter proceed to completion within a reasonable period of time. D. In event of neglect or refusal of person served with notice to comply with same, a survey of premises shall be made by an inspector and architect to be named by the Town Board and a practical builder, engineer or architect appointed by person noted as above and in event of refusal or neglect of person so notified to appoint such surveyor the two surveyors named shall make the survey and report.The notice shall state that in the event the building or other structure shall be reported unsafe or dangerous under such survey, 129:1 06-01-2004 § 129-2 ITHACA CODE § 129-2 that an application will be made at a Special Term of the Supreme Court in the judicial district in which the property is located for an order determining the building or other structure to be a public nuisance and directing that it shall be repaired and secured or taken down and removed. E. A signed copy of the report shall be posted on the premises upon completion of the report of survey on the building. Such notice shall state the compensation of the surveyors. F. All costs and expenses incurred by the Town in connection with the proceedings to remove or secure, including the cost of actually removing said building or structure, shall be assessed against the land on which said buildings or structures are located. 129:2 06-01 -moa Chapter 148 ENVIRONMENTAL QUALITY REVIEW § 148-1. Purpose. § 148-11.Negative declaration of § 148-2. Definitions. environmental significance. § 148-3. Classification of actions. § 148-12.Conditioned negative declaration of environmental § 148-4. Administration. significance. § 148-5. Type I actions. § 148-13.Positive declaration of § 148-6. Type II actions. environmental significance. § 148-7. Types of actions. § 148-14.Time limits. § 148-8. Required forms; initial review. § 148-15.Public hearings. § 148-9. Lead agency. § 148-16.Fees. § 148-10.Determination of environmental § 148-17.Critical areas. significance. § 148-18.Actions involving federal agencies. [HISTORY: Adopted by the Town Board of the Town of Ithaca 4-11-1988 by L.L. No. 5-1988.Amendments noted where applicable.] GENERAL REFERENCES Conservation Board—See Ch.23. Subdivision of land—See Ch.234. Flood damage prevention—See Ch.157. Zoning—See Ch.270. Freshwater wetlands—See Ch.161. § 148-1. Purpose. A. The purpose of this chapter is to implement, for the Town of Ithaca, the State Environmental Quality Review Act (SEQRA)'and the provisions of 6 NYCRR Part 617 as hereinafter defined. B. The intent of the State Environmental Quality Review Act and this chapter is to provide a procedural framework for the inclusion of environmental considerations into the local decisionmaking process at the earliest possible time and for the mitigation of negative environmental impacts. C. It is the purpose of this chapter that a suitable balance of social, economic, and environmental factors be incorporated into the planning, review and decision-making processes of the Town of Ithaca. It is not the intention of SEQRA and this chapter that environmental factors be the sole or, necessarily, controlling consideration in the decision-making process. 1. Editor's Note:See Environmental Conservation Law§8-0101 et seq. 148:1 06-01-2004 § 148-2 ITHACA CODE § 148-3 § 148-2. Definitions. A. The words used in this chapter shall have the same meaning as such words are defined in Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617.2 as the same may be amended from time to time, unless the context requires a different meaning. B. The following terms shall have the following meanings: D/EIS — Draft environmental impact statement. EAF— Full environmental assessment form. EIS — Environmental impact statement. PART 617 — Volume 6 of the New York Code of Rules and Regulations Part 617 (6 NYCRR 617). S/EAF— Short environmental assessment form. SEQRA— The State Environmental Quality Review Act as set forth in Article 8 of the Environmental Conservation Law. TOWN— The Town of Ithaca. C. The following terms shall be defined and have the meaning as set forth in 6 NYCRR 617.2: "actions"; "exempt action"; "excluded action"; "Type I action"; "Type II action"; "unlisted action"; "lead agency"; "involved agency"; "critical environmental area." § 148-3. Classification of actions. A. All actions may be classified as set forth in Subsections A(1) through (5) below, and as are defined in 6 NYCRR 617.2. (1) Exempt: enforcement proceedings, ministerial acts, maintenance and repair involving no substantial changes, and emergency actions on a limited and temporary basis; (2) Excluded: generally, those actions approved prior to November 1, 1978; or requiring a certificate of environmental compatibility under the Public Service Law; (3) Type II: actions which have been determined legislatively not to have a significant effect on the environment, consisting of actions listed in 6 NYCRR 617.13 or in § 148-6 of this chapter; (4) Type I: actions which are most likely to require preparation of an environmental impact statement, consisting of actions listed in 6 NYCRR 617.12, in § 148-5 of this chapter, or in any similar listing adopted by an involved agency; (5) Unlisted: not otherwise listed but which require environmental significance to be determined. 148:2 06-01-2004 § 148-3 ENVIRONMENTAL QUALITY REVIEW § 148-5 B. If any action meets the definition of an exempt action or an excluded action, the SEQRA review shall terminate in accordance with 6 NYCRR 617.6 (a)(1) regardless of whether such action would otherwise meet the definition of a Type I action. § 148-4. Administration. A person or department of the Town of Ithaca designated by the Town Board shall: A. Aid in determining whether the proposed action is 1) exempt, 2) excluded, or 3) Type II, using the strictest interpretation of Part 617 and this chapter. Where any doubt exists, such determination shall be referred to the lead agency as designated under the provisions of§ 148-9 of this chapter and to the Town Board in all other cases. B. Aid in designating the lead agency and make recommendations therefor. C. Perform preliminary review of all applications, EAFs, S/EAFs, D/EISs, EISs and supporting documents to determine probable sufficiency as to scope, form and content. D. Require that the applicant complete an EAF if: (1) Any question in Part II of the S/EAF has been answered "Yes"; (2) The scope of proposal requires more detail; or (3) In the first instance, if the S/EAF would not provide the lead agency with sufficient information on which to base its determination of significance. E. Aid the applicant with any questions concerning forms or the environmental review process. F. Determine whether applications, including all pertinent environmental documents, appear to be sufficient; and forward such application materials to the appropriate Town lead agency with a recommendation concerning environmental significance within a reasonable time to allow for review at the Town lead agency meeting at which the application is scheduled to be considered. G. Assist agencies and applicants to identify other agencies, including federal and state agencies, that may be involved in the approving, funding or carrying out of Type I and unlisted actions. The burden for determining other involved agencies shall nevertheless rest solely on the applicant. H. Assist in the scoping of the D/EIS (when a Town agency is either a lead agency or an involved agency.) § 148-5. Type I actions. In addition to those actions listed in 6 NYCRR 617.12, the following are hereby designated as Type I actions: A. Any of the following changes in the uses allowed by local law, ordinance, rule, regulation, special permit, variance or otherwise, within any zoning district or districts 148:3 06-01-2004 § 148-5 ITHACA CODE § 148-5 which result in such change in use applying to a parcel or parcels of land of 10 or more acres in the district or districts: (1) Authorization of industrial or commercial uses within a residential or agricultural district; (2) Authorization of residential uses within an agricultural district. B. The construction of new residential units which meet or exceed the following thresholds: (1) 10 units not to be connected (at commencement of habitation) to community or publicly owned utilities; (2) 30 units to be connected (at the commencement of habitation) to community or publicly owned utilities. C. The construction, alteration, or demolition of nonresidential facilities which meet or exceed any of the thresholds set forth in Subsection C(1) through (4) below, or the expansion of an existing nonresidential facility by more than 50% of any such thresholds, provided that the expansion and the existing facilities, when combined, meet or exceed any threshold contained in § 198-5 and 6 NYCRR 617.12: (1) An action which involves the physical alteration of 10 acres; (2) An action which would use ground- or surface water in excess of 100,000 gallons per day; (3) Parking for 100 vehicles; or (4) A facility with more than 25,000 square feet of gross floor area. D. Any action which takes place in, or within 250 feet of, any critical environmental area designated by a governmental agency pursuant to 6 NYCRR 617.4. E. Any facility, development or project which is to be located in a designated freshwater wetland. F. Mining of more than 1,000 tons of minerals removed from the earth within 12 successive calendar months. The definition of mining and minerals shall be the same as that in the New York State Mined Land Reclamation Law, being § 23-2705, Subdivisions 7 and 8, of the Environmental Conservation Law. G. Any facility, development or project which would generate more than 2,000 vehicle trips per any eight-hour period per day. H. Any facility, development or project which, when completed, would generate dual-wheel truck traffic of more than 10 vehicles per any eight-hour period per day. I. Any facility, development or project which would exceed New York State or federal ambient air quality standards, whichever is more restrictive. J. Any facility, development or project which would exceed New York State or federal water quality standards, whichever is more restrictive. 148:4 06-01-2004 § 148-5 ENVIRONMENTAL QUALITY REVIEW § 148-6 K. Abandonment of a Town highway or highways, or any portion thereof, whether or not such highway or highways is shown on the Official Town Highway Map. § 148-6. Type II actions. In addition to those actions listed in 6 NYCRR 617.13, the following are hereby designated as Type H actions: A. The construction or alteration of a single or two-family residence and accessory structures: (1) Not in conjunction with the construction or alteration of two or more such residences; and (2) Not in, or within 250 feet of, a designated Critical Environmental Area, designated freshwater wetland, or designated area specially protected by legislation of any local, county, state or federal governmental body. B. The extension of water, sewer, gas, electric, telephone, or television cable utility facilities to serve new or altered single- or two-family residential structures or to render service in approved subdivisions, if not in, or within 250 feet of, an area specked in Subsection A(2) of this § 148-6. C. The construction or alteration of a store, office, or restaurant, provided: (1) Such use is permitted under any local law, ordinance, rule or regulation; and (2) Such store, office, or restaurant is designed for a maximum occupancy of 20 persons or less; and (3) Such store, office, or restaurant is not in, or within 250 feet of, an area specified in Subsection A(2) of this § 148-6. D. The operation, repair, or maintenance of existing structures, facilities, land uses, and equipment. E. All tree planting, landscaping, and trimming by the Town of Ithaca Highway Department. F. The reconstruction, replacement, or restoration of existing structures, facilities, roadways, and equipment located on the same site and having the same purpose, including, but not limited to: (1) Roadways, shoulders, curbs, ditches, bridges, culverts, and intersection safety devices. (2) Deteriorated or damaged structures, facilities or mechanical equipment which need reconstruction, replacement or restoration to meet current standards of public health and safety. 148:5 06-01-2004 § 148-7 ITHACA CODE § 148-9 § 148-7. Types of actions. Actions may include projects or physical activities which change the use or appearance of any natural resource or structure or are planning activities of an agency that commit an agency to a course of further decisions, or agency rules, regulations, procedures and policy making, or a combination of any of the above actions. Such actions may be classified as: A. Direct actions: directly undertaken by an agency; B. Funding actions: involving funding by an agency; C. Permitting actions: requiring one or more permits from an agency or agencies. § 148-8. Required forms; initial review. A. All direct actions, funding actions, or permitting actions to be carried out, funded or approved by any agency, board, body, or officer of the Town shall require the preparation of: (1) An EAF if a Type I action or if an unlisted action where a S/EAF would not provide the lead agency with sufficient information on which to base its determination of significance. (2) A S/EAF for all other unlisted actions. If any question on Part Q of a S/EAF is answered "Yes," or if the lead agency or person designated pursuant to § 148-4 of this chapter deems that more detailed information is needed, an EAF is required. B. All application materials shall be submitted at least 15 days prior to the meeting of the lead agency at which the application is scheduled to be heard. § 148-9. Lead agency. The lead agency shall be determined as follows: A. Action involving one agency. Where a single agency 1) has proposed to directly undertake an action which does not require funding or approval of any other agency; or 2) has received an application to fund or approve an action over which no other agencies have approval authority, that single agency shall be called the "lead agency", and such final designation of lead agency shall be made as follows: (1) The Town Board shall be the lead agency with respect to the following: the adoption, the amendment, or change in any zoning law, ordinance, rule or regulation governing the use of land and the construction, alteration or maintenance of improvements to real property; the amendment or changing of the Town Zoning Map; the abandonment of a Town highway or highways, or any portion thereof; the construction or expansion of Town building, structures and facilities within the Town; the purchase, sale or lease of real property by the Town. 148:6 06-01-2004 § 148-9 ENVIRONMENTAL QUALITY REVIEW § 148-10 (2) The Zoning Board of Appeals shall be the lead agency with respect to interpretation of all zoning laws, ordinances, rules or regulations, and the granting of variance or special permits. (3) The Planning Board shall be the lead agency with respect to subdivision approvals, site plan approvals and sign approvals. B. Action involving multiple agencies. Where an agency has proposed to directly undertake an action or has received an application for an action requiring funding or approval by more than one agency, the agency may conduct an uncoordinated review of the action or the "lead agency" shall be determined in accordance with 6 NYCRR 617.6 (d). C. Where the lead agency cannot be determined by application of the above guidelines and all involved agencies are Town agencies, the Town Board shall designate the lead agency, unless any provisions of the Environmental Conservation Law, or any rules and regulations adopted by the Department of Environmental Conservation, supersede or prevail in this respect over this chapter. § 148-10. Determination of environmental significance. A. After being duly designated, the lead agency shall make a determination of environmental significance pursuant to Part 617. All determinations by the lead agency shall be by resolution duly adopted by the lead agency. B. Such determination of environmental significance shall be one of the following: (1) Negative declaration of environmental significance. Upon a determination having been made and filed that the proposed action will not have a significant effect on the environment, the action shall be processed without further regard to SEQRA, Part 617 or this chapter. (2) Conditioned negative declaration of environmental significance. Upon a determination having been made, filed and published that the action, as initially proposed, may result in one or more significant adverse environmental effects, but that mitigation measures, identified and required by the lead agency pursuant to the procedures in Part 617, will modify the proposed action so that no significant adverse environmental impacts will result, the action will be processed as a negative declaration; provided, however, that no comments are received during the public comment period which would require the submission of a D/EIS pursuant to 6 NYCRR 617.6(h)(2). A conditioned negative declaration can only be given for an unlisted action in which a full EAF has been prepared and coordinated review has been undertaken. (3) Positive declaration of environmental significance. Upon a determination having been made and filed that the proposed action may have a significant effect on the environment, the applicant and all other involved agencies shall be notified in accordance with 6 NYCRR 617.10 that a D/EIS is required. 148:7 06-01-2004 § 148-11 ITHACA CODE § 148-14 § 148-11. Negative declaration of environmental significance. A negative declaration of environmental significance shall be prepared, filed and mailed as prescribed in 6 NYCRR 617.10(a). § 148-12. Conditioned negative declaration of environmental significance. A notice of negative declaration of environmental significance shall be prepared, filed and published in the environmental notice bulletin pursuant to 6 NYCRR 617.6(h), and 617.10(a)(2). The notice shall state that the conditioned negative declaration has been issued, what conditions have been imposed and the length of the comment period established by the lead agency. In no case shall the comment period be less than 30 days. Notwithstanding the above, a D/EIS shall be prepared if any of the conditions set forth in 6 NYCRR 617.6(h)(2) or (3) are met within the public comment period. § 148-13. Positive declaration of environmental significance. A. If the lead agency makes a positive declaration of environmental significance, thus requiring that a D/EIS be prepared, the matter shall be processed as provided in Part 617. B. In the case of an application for approval or funding, the D/EIS shall be prepared by the applicant or by the agency, at the option of the applicant. The applicant shall notify the agency within 30 days of the filing of the notice of positive declaration as to whether the applicant or the agency shall prepare the D/EIS. If the applicant does not elect to prepare the D/EIS, the agency shall prepare it, cause it to be prepared, or terminate its review of the proposed action. Upon receipt of the D/EIS, the lead agency shall determine by resolution whether to accept the D/EIS as satisfactory as to scope, form and adequacy. C. Upon the adoption by the lead agency of a resolution to accept the D/EIS, the lead agency shall file a notice of completion of the WEIS in accordance with the requirements provided in 6 NYCRR 617.10. D. All time limits applicable to the processing of a D/EIS and EIS shall commence to run on the date of filing of the notice of completion of the D/EIS. § 148-14. Time limits. A. An application, shall be deemed received for the purposes of 6 NYCRR 617.6(a) when the lead agency has deemed the application, along with pertinent environmental forms, to be complete. B. An application for a permit or funding shall be deemed complete insofar as the SEQRA process has been completed when, as is appropriate in each case, one of the following events occurs: (1) The action has been determined to be exempt, excluded, or a Type H action. (2) A negative declaration of environmental significance has been issued and such declaration has been filed pursuant to 6 NYCRR 617.10. 148:8 06-01-2004 § 148-14 ENVIRONMENTAL QUALITY REVIEW § 148-18 (3) A conditioned negative declaration of environmental significance has been issued and such declaration has been duly filed and published pursuant to Part 617; provided that no comments have been received within the comment period which would require the submission of a DIEIS pursuant to 6 NYCRR 617.6(h)(2) (4) A written findings statement on a final EIS has been approved and filed pursuant to 6 NYCRR 617.10, except that the lead agency may, in its sole discretion, determine that an application for funding or approval shall be deemed complete upon the acceptance by the lead agency of a D/EIS as to scope, form and adequacy. § 148-15. Public hearings. Public hearings on the D/EIS shall be held concurrently with any hearings required to be held by other involved agencies to the fullest extent practicable. § 148-16. Fees. The fees for review or preparation of an EIS involving an applicant for approval or funding of an action shall be determined by the lead agency for each such application. The fees shall be based on the actual cost to the Town for reviewing or preparing the EIS, including the cost of hiring consultants, the salary time of Town employees and actual disbursements incurred as a result of the review or preparation of the EIS, but in no event shall the fees be greater than that established in 6 NYCRR 617.17. § 148-17. Critical areas. Critical areas of environmental concern may be designated by the Town Board pursuant to 6 NYCRR 617.4. § 148-18. Actions involving federal agencies. Environmental review of actions involving a federal agency shall be processed in accordance with 6 NYCRR 617.16. 148:9 06-01-2004 Chapter 153 FEES § 153-1. Purpose. § 153-8. Use permits,operating permits § 153-2. Fees and charges established. and certain inspections. § 153-3. Town Clerk: licenses and § 153-9. Sign permits. searches. § 153-10.Zoning, subdivision, SEQRA, § 1534. Town Clerk: Freedom of Board of Appeals and review Information Law and other fees. documents. § 153-11.Fill permits. § 153-5. Town Clerk: miscellaneous fees. § 153-12.Fees in lieu of recreational land § 153-6. Building and foundation reservation. permits. § 153-13.Amendments. § 153-7. Certificates of occupancy. [HISTORY: Adopted by the Town Board of the Town of Ithaca 12-3-1994 by L.L. No. 10-1994.Amendments noted where applicable.] GENERAL REFERENCES Building construction and fire prevention—See Ch.125. Subdivision of land—See Ch.234. Signs—See Ch.221. Zoning—See Ch.270. § 153-1. Purpose. A. The purposes of this chapter include the following: (1) To revise and consolidate in one local law the fees charged by the Town for various activities regulated by the Town or for various services performed by the Town including fees for permits and licenses issued by the Town Clerk, fees for permits or certificates issued by the Building Code and Zoning Enforcement Officer, Town Engineer, Town Planner, and other Town officials, and the fees for prosecuting applications for variances, approvals, and similar matters requiring publication or Board action; and (2) To establish fees for other services, which fees have not been previously charged; and (3) To amend or repeal provisions of other Town laws or ordinances dealing with fees that are superseded by the enactment of this chapter. B. To the extent that this chapter contains provisions inconsistent with any prior local law, ordinance or resolution of the Town of Ithaca, the provisions of this chapter shall govern. 153:1 06-01-2004 § 153-2 ITHACA CODE § 1534 § 153-2. Fees and charges established. The following fees and charges are established in the Town of Ithaca for the following permits, licenses, services, applications and other matters set forth below. § 153-3. Town Clerk: licenses and searches. The following fees are payable to the Town Clerk for licenses and searches issued by the Town Clerk:' A. Fee for marriage license together with certificate of marriage issued in conjunction with marriage license pursuant to §§ 15 and 14-a of the Domestic Relations Law: $35. [Amended 9-8-2003 by L.L. No. 2-2003] B. Certificate of marriage pursuant to Domestic Relations Law, § 14-a, Subdivision 2: $10. C. Marriage searches pursuant to Domestic Relations Law, § 19: Fees prescribed by § 19 as the same may be amended from time to time (presently $5 for a search of one year, $1 for the second year, and $0.50 for each additional year searched thereafter). D. Dog licenses pursuant to § 110 of the Agricultural and Markets Law (including the portion of the fee payable to the state): $8.50 for spayed and neutered dogs; $13.50 for nonspayed or nonneutered dogs. E. Purebred licenses: $40 for 10 or fewer registered purebred dogs, $70 for more than 10 but not more than 25 registered purebred dogs, and $125 for more than 25 registered purebred dogs. F. Tax searches: $5 for each five years covered by the search. G. Water and sewer searches: $5 for each five years covered by the search. § 153-4. Town Clerk: Freedom of Information Law and other documents. The following fees shall be charged by the Town Clerk for the provision of copies or other items pursuant to the Freedom of Information Law'or pursuant to any other law, rule or regulation where no other fee or charge is specifically provided: A. Copies generally. (1) The Clerk shall upon request make a copy or copies of any record subject to such inspection and which can be copied on the Town of Ithaca copying equipment (maximum size 11 inches by 17 inches) upon the payment of $0.20 per page for the first 10 pages of a letter or legal size document and $0.10 per page for any additional pages of the same document, copying of which is requested at the same time. Copies of pages larger than 8 1/2 inches by 14 inches up to 11 inches by 17 inches shall be at $0.25 per page. 1. Editor's Note:Amended at time of adoption of Code(see Ch.1,General Provisions,Art.I). 2. Editor's Note:See Public Officers Law§84 et seq. 153:2 06-01-2004 § 153-4 FEES § 153-4 (2) Copies of recorded cassette tapes shall be provided upon payment of$5 per tape. (3) If the Town offices have working equipment enabling copying of maps, reproductions of those maps that can be copied will be supplied at a cost of $0.50 per square foot. (4) Any documents, tapes, maps, papers, aerial photos, etc., which cannot be copied in the Town offices will be supplied to the requestor after payment of actual cost of copying. (5) If a copy or copies are desired thereof by the requestor, the Clerk shall have the requested copies available in the Town offices within five business days. B. Copies of certain documents. Notwithstanding the foregoing the Clerk shall provide copies of the following documents upon payment of the fees set forth opposite the same. (1) Zoning Ordinance, Appendix and Map:'$8.50. (2) Zoning Map only: $3. (3) Subdivision regulations:4$3. (4) Local environmental review regulations:'$2.50. (5) Sign Ordinance:'$3. (6) Conservation Advisory Council Open Space Report: $9. l (7) Comprehensive Plan: $12. (8) Six Mile Creek Report: $5. (9) CAC Agriculture Report: $2. (10) Noise Ordinance:'$1. (11) Wetlands guidelines:`$3. (12) Parks, Recreation and Open Space Plan update: $9. (13) Proposed Year 200 1/2002 Draft Revised Zoning Ordinance in whatever version available at the time of the request for a copy: $10. [Added 1-14-2002 by L.L. No. 1-20021 3. Editor's Note:See Ch.270,Zoning. 4. Editor's Note:See Ch.234,Subdivision of Land. 5. Editor's Note:See Ch.148,Environmental Quality Review. 6. Editor's Note:See Ch.221,Signs. 7. Editor's Note:See Ch.184,Noise. & Editor's Note:See Ch.161,Freshwater Wetlands. 153:3 06-01-2004 § 153-4 ITHACA CODE § 153-6 (14) Maps related to the Draft Revised Zoning Ordinance (per map): $1.50. [Added 1-14-2002 by L.L. No. 1-20021 (15) Package of all seven of the maps related to the Draft Revised Zoning Ordinance: $5. [Added 1-14-2002 by L.L. No. 1-20021 (16) Executive Summary of Draft Revised Zoning Ordinance: $1. [Added 1-14-2002 by L.L. No. 1-20021 (17) Package of Draft Revised Zoning Ordinance, seven related maps, and Executive Summary: $15. [Added 1-14-2002 by L.L. No. 1-2002] C. Postage. If the requestor requests that copies of documents be mailed to the requestor there shall be added to the costs of copying the postage costs reasonably estimated to be incurred in mailing the requested documents to the requestor. This provision for reimbursement of postage costs shall in no way obligate the Town to mail any documents. Such mailing shall be in the sole discretion of the Clerk. D. Certification. The Town Clerk shall, upon request, certify a copy of a document or record prepared pursuant to the provisions of the preceding subsections is a true copy. E. Receipts. The Clerk or any other person at the Town receiving funds pursuant to any of the foregoing subsections shall give to the payor a receipt for the amount paid and maintain duplicate copies of such receipts for the Town records. § 153-5. Town Clerk: miscellaneous fees. The following additional fees are established in the Town of Ithaca: A. Facsimile charges: Normal copy costs plus estimated phone charge. B. Checks returned: $15 per check. § 153-6. Building and foundation permits. A. Building permit fees shall be computed on the basis of the value of the improvement to be constructed as follows: Value of Improvement Fee $1 to $5,000 $25.00 $5,001 to $10,000 $35.00 $10,001 to $20,000 $50.00 $20,001 to $30,000 $70.00 $30,001 to $50,000 $90.00 $50,001 to $100,000 $125.00 $100,001 to $150,000 $300.00 $150,001 to $250,000 $400.00 153:4 06-01-2004 § 153-6 FEES § 153-8 Value of Improvement Fee $250,001 to 500,000 $600.00 $500,001 to $1,000,000 $800.00 $1,000,001 to $2,500,000 $1,250.00 $2,500,001 to$5,000,000 $2,250.00 $5,000,001 to $10,000,000 $3,500.00 $10,000,001 to $20,000,000 $4,500.00 Over$20,000,000 $0.30 for each $1,000 of improvement value, with a minimum fee of$6,000.00 B. The renewal fee for a building permit shall be the greater of $25 or 5% of the original building permit fee. C. The fee for the issuance of a foundation permit shall be 1/4 the fee for a building permit, calculated on the estimated full value of the entire building. The fee is not refundable and is not credited against the fee for the building permit for the entire building. In any event the fee shall not be less than $50. § 153-7. Certificates of occupancy. A. The fee for the issuance of a certificate of occupancy shall be $50. B. The fees for issuance of a temporary certificate of occupancy are as follows: (1) If there is no new construction involved requiring a building permit, the fee is $25. (2) If the temporary certificate of occupancy is issued in connection with construction for which a building permit is required, the fee for issuance of the temporary certificate of occupancy shall be 1/2 of the fee for the building permit but in any event not less than $25. § 153-8. Use permits,operating permits and certain inspections. A. The fee for a use permit issued pursuant to Chapter 125, Building Construction and Fire Prevention, as the same has been subsequently amended, is $25. B. The fees for the issuance of an operating permit required pursuant to Chapter 125, Building Construction and Fire Prevention, as the same has been subsequently amended, shall be as follows: (1) Fees for uses other than multiple residences: $100. (2) Fees for multiple residences shall be as follows: (a) Three to five dwelling units in each building: $50 per building. (b) Six to 10 dwelling units per building: $100 per building. 153:5 06-01-2004 § 153-8 ITHACA CODE § 153-10 (c) 11 dwelling units or more per building: $150 per building. C. The fees for other inspections by the Building Inspector and Zoning Enforcement Officer required by state law or other regulation, such as required annual inspections of areas of public assembly, shall be $25 per hour for the time of the Inspector spent traveling to make the inspection, making the inspection, and preparing any related documentation and certifications relating to such inspection, with a minimum charge of$25. D. If an inspection is being conducted by the Inspector for the issuance of an operating permit at the same time as an inspection is being conducted for firesafety purposes by the same Inspector to meet the requirements for inspections of areas of public assembly, the cost of the operating permit shall be credited against any fees that may be payable for such other inspection. § 153-9. Sign permits. The application fee for a sign shall be $20, and in addition thereto the sum of $1.50 for each square foot of area of such sign. § 153-10. Zoning,subdivision, SEQRA,Board of Appeals and review fees. A. Miscellaneous provisions. (1) The Town Board, Planning Board, or Zoning Board of Appeals, as applicable, shall hold no public hearing nor take any action to endorse or approve any application until all applicable fees and reimbursable costs have been paid to the Town with receipt therefor provided to the respective Board except if costs are deposited in escrow as hereinafter set forth, action may commence unless the amount in escrow is found to be inadequate and the applicant has not replenished the escrow account. In that event further action by any board shall be suspended until the applicant has deposited the appropriate amount back in the escrow account. (2) Fees shall be calculated by the Building Inspector, Town Planner, Town Clerk, or by the Deputy Town Clerk associated with the Engineering, Planning, and Building/Zoning Department. When an escrow deposit is required, if there exists any question as to the required amount of escrow, the officer collecting the fees shall consult with the Town Engineer, whose calculation of same shall be final. Such fees shall be collected by the Town Clerk or the Town Clerk's designee who shall issue a receipt stating the purpose of the payment. This receipt must be filed with the application as evidence of payment. (3) All application fees paid to the Town in accordance with the fee schedule shall be nonrefundable unless miscalculated. Except for unexpended escrow amounts or miscalculated fees, no funds paid to or deposited with the Town for review or inspection shall be returned to the applicant should an application be disapproved by the Town, reduced in scale by the applicant, or otherwise partially or wholly abandoned. 153:6 06-01-2004 § 153-10 FEES § 153-10 (4) For purposes of calculating fees, if the proposal involves a dormitory, two bedrooms shall constitute one dwelling unit. B. Application fees and public hearing fees. (1) A nonrefundable fee shall be paid along with each application as set forth in the Schedule of Application and Review Fees set forth below (the "Fee Schedule")9 to cover expenses related to the administration and processing of applications, including agenda or public hearing notice, clerical processing, and preliminary processing of the application by planning and/or engineering personnel. (2) Whenever an application or appeal is filed with the Town for which a public hearing is required, there shall be paid simultaneously a fee of $50 to defer the costs of publishing and mailing the notice and application to appropriate parties, and the cost of transcribing the proceedings relating to the application or appeal. Such $50 fee is included in the Fee Schedule set forth below as part of the initial application fee (e.g., an application fee of $100 includes the public hearing fee of $50). (3) If the hearing continues for more than one meeting necessitating republication and/or renoticing, an additional public hearing fee shall be paid prior to each continued hearing. If the matter continues for more than one meeting but the subsequent meetings do not require a public hearing, an agenda processing fee shall be paid prior to each additional meeting at which the matter is continued without a public hearing. In the discretion of the Town Board, Planning Board, or Zoning Board of Appeals, as the case may be, or the person designated to collect application fees, additional public hearing fees or additional agenda processing fees may be waived with respect to any subsequent meetings, particularly if the continuation was necessitated by actions of the Town officials and not by the applicant. (4) The above fees may be waived in whole or in part, or may be modified, by the Town Supervisor, the Town Planner, or the Town Engineer for good cause shown. (5) In the case of subdivision or site plan applications, the Planning Board, in its discretion, may waive the fee for a final plat in those circumstances where final plat or plan approval is given simultaneously with preliminary plat or plan approval. C. Review fees. (1) A review fee shall be paid as set forth in the Fee Schedule set forth below. Such fee is intended to cover part of the cost of professional services, including, but not limited to, engineering, planning, legal, and other expenses incurred by the Town in its review of the submitted application materials for preliminary and/or final subdivision or site plan approval. 9. Mor's Note:Following§153-10E(9). 153:7 06-01-2004 § 153-10 ITHACA CODE § 153-10 (2) When the review fee set forth in the Fee Schedule is calculated on a per lot or per unit basis the review fee is nonrefundable unless denominated as an amount to be placed in escrow. (3) When the review fee is stated in the Fee Schedule to be the "actual cost of review," the review fee shall be such actual cost of conducting the review as determined and billed by the Town. The basis for calculating such cost shall be the actual costs to the Town for independent consultant services, legal services, engineering services, planning services and/or any other services or expenses of outside consultants plus an amount intended to reimburse the Town for the time of Town staff (Engineering, Planning, Legal, Highway Superintendent, and others) devoted to reviewing the proposals. The amount charged for Town staff shall be determined by multiplying the number of hours devoted to the proposal times hourly rates as determined from time to time by the Town Board for various staff positions. (4) An escrow agreement providing for the deposit of the amounts set forth in the Fee Schedule in the form directed by the Town shall be executed by the applicant and the deposit made in the amount set forth in the Fee Schedule. Sums so deposited and not utilized in the review process shall be returned to the applicant within a reasonable period of time after the adoption of the last resolution finally disposing of the application (whether by granting or denial of the application). At the time of such return, and if no funds are due, at the time of final disposition of the application the Town will provide an accounting of the expenses charged to the escrow account. (5) If the review costs are estimated to exceed the amount so deposited and additional fees are deemed necessary, the applicant shall be notified of the required additional amount by the Town Engineer and shall add such sum to the escrow account. (6) If, in the judgment of the Town Engineer, the deposit provided for herein exceeds the anticipated reasonable review costs, the Town Engineer may adjust the deposit to reflect the anticipated review cost. (7) Unexpended escrow funds deposited as part of the review fee may be credited against deposits due for the inspection fee, where such is required, upon the filing of an application for site development or the construction of improvements. (8) For purposes of determining the amount of escrow the following shall apply: (a) As part of the application for preliminary subdivision or preliminary site plan approval, a preliminary estimate of the cost of improvements shall be provided by the applicant's licensed professional engineer or registered architect along with the other items required for a preliminary subdivision or preliminary site plan application as set forth in Chapter 234, Subdivision of Land, and Chapter 270,Zoning, of the Code of the Town of Ithaca. (b) As part of the application for final subdivision or final site plan approval, a revised estimate of the cost of improvements shall be provided by the applicant's licensed professional engineer or registered architect along with 153:8 06-0t-2M § 153-10 FEES § 153-10 the other items required for final subdivision application as outlined in Chapter 234, Subdivision of Land, and Chapter 270, Zoning, of the Code of the Town of Ithaca. (c) In the case of subdivision applications, the terms "cost of improvements," "improvement cost" or "project cost" shall mean the costs of construction of all general site improvements (whether on or off the specific site involved) to be constructed by applicant such as grading, roads, drainage improvements, sewers, water lines, and other similar items but excluding the cost of dwelling units to be constructed on the subdivided lots. In the case of site plan applications such terms shall mean the costs of construction of all site improvements (whether on or off the specific site involved) including grading, roads, drainage improvements, sewers, water lines, buildings and any other improvement of any nature whatsoever to be constructed by applicant. In both cases such terms exclude land acquisition costs, architects fees, engineering fees and other similar nonconstruction costs. (d) The estimates provided with the preliminary or final application shall be considered, along with the other items of application and anticipated review costs, in determining the amount of review fee escrow. (e) An estimate of the cost of improvements provided by the applicant and not by a licensed professional engineer or registered architect may be accepted when in the judgment of the Town Engineer, such estimate is reasonably accurate. The Town Engineer may adjust such estimate and the estimate as so revised by the Town Engineer shall be the basis of the escrow deposit calculation. (f) In no event shall an escrow account be established with less than a $200 deposit, which amount shall be a minimum regardless of the amounts calculated pursuant to the Fee Schedule. (9) In the case of clustered subdivision applications, the fees set forth for subdivisions shall apply. (10) In the case of applications for rezoning, a basic fee as set forth in the Fee Schedule for initial review of the general plan by staff and the Town Board shall be submitted with the initial application. When the rezoning is referred to the Planning Board for recommendation, the fee for site plan review/preliminary plan shall be paid prior to any further review of the general plan by the Planning Board and prior to any recommendation by the Planning Board to the Town Board. If the Town Board approves an application for rezoning upon recommendation by the Planning Board, and when specific development is proposed, the fee for site plan review/final plan shall be paid to cover the costs of further review by staff and the Planning Board. (11) In the case of applications for special approval, a basic fee as set forth in the Fee Schedule for initial review of the general plan by staff and the Zoning Board of Appeals shall be submitted with the initial application. If the application is referred to the Planning Board for recommendation, the fee required for site plan 153:9 06-01-2004 § 153-10 ITHACA CODE § 153-10 review/preliminary plan shall be paid prior to any further review of the general plan by the Planning Board and prior to any recommendation by the Planning Board to the Zoning Board of Appeals. If the Zoning Board of Appeals approves an application for Special Approval upon recommendation by the Planning Board, and when specific development is proposed requiring further review, the fee for site plan review/final plan shall be paid to cover the costs of further review by staff and the Planning Board. If the application is not referred to the Planning Board, the basic fee shall be paid without any further fees for site plan review. (12) The above review fees may be waived in whole or in part, or may be modified by the Town Board for good cause shown. Such cause may include, but is not limited to, an extreme hardship to the applicant in paying for all or a portion of the review fees, the benefit to the general community that would be provided by the proposed project, or other unique or special circumstances which would warrant, in the judgment of the Town Board, such a waiver. D. SEQR-related fees. (1) In addition to the fees required as stated in the Fee Schedule, the fees for review or preparation of an environmental impact statement involving an application for approval or funding of an action requiring preparation or filing of a draft environmental impact statement shall be determined by the lead agency for each such application. The fees shall be based on the actual cost to the Town for reviewing or preparing the draft and final environmental impact statement, including the cost of hiring consultants, the salary time of Town employees and actual disbursements incurred as a result of the review or preparation of such impact statement, but in no event shall the fees be greater than that established in 6 NYCRR 617.17. The Town Supervisor, Building Inspector, Planner, or Engineer may require, prior to the commencement of the review or preparation of an environmental impact statement, a deposit to be made with the Town in an amount reasonably estimated to cover the fees set forth in this section. (2) The above fees may be waived in whole or in part, or may be modified, by the Town Board for good cause shown. E. Inspection fees. (1) In addition to the fees provided for herein, where the inspection of on- or off-site improvements or development is required, the applicant shall reimburse the Town for the actual cost to the Town of all engineering, planning, highway inspection, legal, consulting, clerical and other expenses incurred by the Town during the process of inspection and review of the completion of site improvements and the fulfillment of any requirements of any regulation or resolution pertaining to development projects which have been granted final subdivision or site plan approval. The costs so incurred shall be determined by the Town and billed to the applicant. The basis for calculating such costs shall be the same as set forth above with reference to review fees. (2) An escrow agreement providing for the deposit of the amounts set forth in the Fee Schedule in the form directed by the Town shall be executed by the applicant and 153:10 06-Bt-2M § 153-10 FEES § 153-10 the deposit made in the amount set forth in the Fee Schedule to cover the cost of inspections and compliance review incurred: (a) After final approvals have been given; (b) In the course of building permit issuance; (c) During the course of construction of any improvements including buildings, roads, and other improvements; and (d) During the course of issuing any certificates of compliance or occupancy. (3) Along with any application for final approval of site improvement and development construction plans where such final approval of such plans is required, an estimate of the cost of improvements shall be provided by the applicant's licensed professional engineer or registered architect in similar manner as the estimate is provided for the escrow for the review fees. This estimate shall be used along with the other items included in the application and in the prior review process in determining the amount of inspection escrow. The developer shall make the required inspection escrow deposit prior to any final approval of said site improvement and development construction plans and prior to the commencement of construction of any of such improvements. (4) All of the provisions regarding escrow accounts for review fees shall be applicable to the escrow accounts for inspection fees including authority of the Town Engineer to waive the requirement that the cost of improvements be prepared by a licensed engineer or registered architect, and to increase or decrease the required escrow amount, the definitions of costs of improvements, and the $200 minimum deposit. (5) The inspection fee shall in no case be less than $100. (6) The inspection fee may be included as a portion of a letter of credit or performance guarantee, where applicable. (7) Where applicable or where required, no final acceptance of proposed public improvements, and no final approval of site construction or site improvements shall be made and no certificates of occupancy shall be issued until all Inspection Fees have been paid or fully escrowed. (8) The Town shall return any balance of the deposit to the applicant upon final acceptance of proposed public improvements and/or final acceptance of subject site improvements together with an account of all expenses charged to the escrow fund. (9) The above inspection fees may be waived in whole or in part, or may be modified, by the Town Board for good cause shown. 153:11 06-01-2004 § 153-10 ITHACA CODE § 153-10 Town of Ithaca Schedule of Application and Review Fees (January 1, 1995) Application/ Escrow Review For Review Inspection SUBDIVISION REVIEW Initial Application Fee 1 to 4 new lots/units $50.00 5 to 10 new lots/units $75.00 More than 10 new lots/units $100.00 plus $2 per lot Preliminary Plat 1 to 10 new lots/units $50.00 plus (without roads or public $10.00 per utilities) lot/unit All others $100.00 plus 0.5% of actual cost of estimated review imprv. cost Final Plat 1 to 10 new lots/units $50.00 plus (without roads or public $10.00 per utilities) lot/unit All others $100.00 Plus 0.5% of actual cost of estimated review imprv. cost Inspection Actual cost of 0.5% of inspection estimated imprv. cost Plats/Replats whose sole No charge No charge No charge purpose is to dedicate land for public use Plat Reaffirmations $50.00 plus $5.00 per lot/unit SITE PLAN REVIEW Initial application fee $75.00 Preliminary Plan Nonresidential $100.00 plus 0.1% of actual cost of estimated review project cost excluding land 153:12 06-01-2004 § 153-10 FEES § 153-11 Town of Ithaca Schedule of Application and Review Fees (January 1, 1995) Application/ Escrow Review For Review Inspection Residential $100.00 plus $25 per actual cost of dwelling unit Review Nonresidential $100.00 plus 0.5% of actual cost of estimated review project cost excluding land Residential $100.00 plus $25 per actual cost of dwelling unit review Inspection Nonresidential Actual cost of 0.05% of inspection estimated project cost excluding land Residential Actual cost of $25 per dwelling inspection unit ZONING AMENDMENT/ $175.00 plus pertinent site plan review fees REZONING SPECIAL APPROVALS $100.00 plus pertinent site plan review fees ZONING APPEALS Area and use variances $80.00 ADDITIONAL MEETING FEE (In the event of more than 1 meeting or public hearing per application) Agenda processing $30.00 Public hearing processing: $50.00 § 153-11. Fill permits. Fill permits shall be issued only upon the payment by the applicant for same of the following fees: 153:13 06-01-2004 § 153-11 ITHACA CODE § 153-12 A. There shall be a fee for a fill permit issued by the Town Engineer pursuant to the fill provisions of Chapter 270, Zoning, of the Code of the Town of Ithaca (i.e., without the necessity for a Board of Appeals special approval) of $25 plus the cost of review by the Engineer calculated as in the same manner as review fees for site plan approval set forth above. The Engineer may, for good cause shown, waive the review fee. B. The fee for any fill permit which requires a public hearing shall be the fee required for a special approval plus the cost of review by the Engineer. § 153-12. Fees in lieu of recreational land reservation. [Added 9-11-1995 by L.L. No. 10-1995] A. In the event the Planning Board requires that a sum of money is to be paid to the Town in lieu of a parkland or recreational land reservation in connection with a subdivision or site plan approval, the amount to be paid shall be the following amount: (1) The assessed value as determined for real estate tax purposes of all of the land included in the project, as shown on the most recently available assessment roll for such lands on the date of final approval, multiplied by 10% (or such lesser percentage as the Planning Board may determine if the demand for park lands created by the proposed project warrants such lesser percentage). (2) If the lands for the project have been acquired by the applicant during the period two years prior to final subdivision or site plan approval by a bona fide conveyance from an unrelated party for value, the price paid for such conveyance shall be substituted for assessed value for the purposes of making the calculation set forth in Subsection A(1) above. B. The Planning Board may recommend to the Town Board a reduction in the amount of the above sums if the Planning Board finds that special circumstances exist causing the amounts above to substantially exceed the reasonable value of the land that would otherwise be reserved in the particular project under consideration. If the Town Board concurs with such recommendation, the Town Board may reduce the payment to an amount which more accurately reflects the value of land for which payment is being made. C. The sum set forth above shall be payable upon the earliest of the following: (1) 30 days after granting final site plan or subdivision approval; or (2) The signing of a plan or plat by the Planning Board Chairperson evidencing approval of same; or (3) The filing of an application for a building permit for construction of one or more structures in the project; or (4) The sale, lease or other disposition of an individual lot by the developer. D. No sums shall be payable in connection with lot line modifications or lot reconfiguration where no new lots or dwelling units are created. 153:14 06-01-2004 § 153-13 FEES § 153-13 § 153-13. Amendments. 10 The foregoing charges may be changed only by an ordinance or local law. 10. Editor's Note:Amended at time of adoption of Code(see Ch.1,General Provisions,Art.I). 153:15 06-01 -2004 Chapter 157 FLOOD DAMAGE PREVENTION § 157-1. Findings. § 157-10.Requirement for development § 157-2. Purpose. permit. § 157-3. Objectives. § 157-11.Permit application; duties of owner. § 157-4. Word usage and definitions. § 157-5. Applicability. § 157-12.Duties and responsibilities of Building Inspector. § 157-6. Basis for establishing areas of § 157-13.General standards. special flood hazard. § 157-7. Interpretation; conflict with § 157-14.Specific standards. other provisions. § 157-15.Floodways. § 157-8. Penalties for offenses. § 157-16.Variance procedures. § 157-9. Warning and disclaimer of § 157-17.Conditions for variances. liability. [HISTORY: Adopted by the Town Board of the Town of Ithaca 2-11-1985 by L.L. No. 5-1985; amended in its entirety 5-11-1987 by L.L. No. 9-1987. Amendments noted where applicable.] GENERAL REFERENCES Building construction and fire prevention—See Ch.125. Subdivision of land—See Ch.234. Enviroonental quality review—See Ch.148. Zoning—See Ch.270. Freshwater wetlands—See Ch.161. § 157-1. Findings. The Town Board of the Town of Ithaca finds that the potential and/or actual damages from flooding and erosion may be a problem to the residents of the Town of Ithaca and that such damages may include: destruction or loss of private and public housing, damage to public facilities, both publicly and privately owned, and injury to and loss of human life. In order to minimize the threat of such damages and to achieve the purposes and objectives hereinafter set forth, this chapter is adopted. § 157-2. Purpose. It is the purpose of this chapter to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: A. Regulate uses which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increases in erosion or in flood heights or velocities; 157:1 06-01-2004 § 157-2 ITHACA CODE § 157-4 B. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; C. Control the alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation of floodwaters; D. Control filling, grading, dredging and other development which may increase erosion or flood damages; E. Regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands; and F. Qualify and maintain eligibility for participation in the National Flood Insurance Program. § 157-3. Objectives. The objectives of this chapter are to: A. Protect human life and health; B. Minimize expenditure of public money for costly flood-control projects; C. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; D. Minimize prolonged business interruptions; E. Minimize damage to public facilities and utilities, such as water and gas mains, electric, telephone, sewer lines, streets and bridges located in areas of special flood hazard; F. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood-blight areas; G. Provide that developers are notified that property is in an area of special flood hazard; and H. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. § 157-4. Word usage and definitions. A. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meanings they have in common usage and to give this chapter its most reasonable application. B. As used in this chapter, the following terms shall have the meanings indicated: APPEAL — A request for a review of the Building Inspector's interpretation of any provision of this chapter or a request for a variance. 157:2 06-01-2004 § 157-4 FLOOD DAMAGE PREVENTION § 157-4 AREA OF SHALLOW FLOODING — A designated AO or VO Zone on a community's Flood Insurance Rate Map (FIRM) with base flood depths from one foot to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate and where velocity flow may be evident. AREA OF SPECIAL FLOOD HAZARD — The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year. This area may be designated as Zone A, AE, AH, AO, Al-99, V, VO, VE or V1-30. It is also commonly referred to as the base floodplain or one-hundred-year floodplain. BASE FLOOD — The flood having a one-percent chance of being equaled or exceeded in any given year. BASEMENT — That portion of a building having its floor subgrade (below ground level) on all sides. BUILDING — Any structure built for support, shelter or enclosure for occupancy or storage. CELLAR— The same meaning as "basement." DEVELOPMENT — Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations located within the area of special flood hazard. ELEVATED BUILDING — A nonbasement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers) or shear walls. EXISTING MANUFACTURED HOME PARK OR SUBDIVISION — A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed before the effective date of Local Law No. 5-1985. FLOOD BOUNDARY AND FLOODWAY MAP (FBFM) — An official map of the community published by the Federal Emergency Management Agency as part of a riverine community's Flood Insurance Study. The FBFM delineates a regulatory floodway along watercourses studied in detail in the Flood Insurance Study. FLOOD HAZARD BOUNDARY MAP (FHBM) — An official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been defined but no water surface elevation is provided. FLOOD INSURANCE RATE MAP (FIRM) — An official map of a community on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. 157:3 06-01-2004 § 157-4 ITHACA CODE § 157-4 FLOOD INSURANCE STUDY — The official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the Flood Boundary -Floodway Map, as elevations of the base flood. FLOOD or FLOODING — A general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters; or (2) The unusual and rapid accumulation or runoff of surface waters from any source. FLOODPROOFING — Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. FLOODWAY— The same meaning as "regulatory floodway." FUNCTIONALLY DEPENDENT USE — A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding and ship repair. The term does not include long-term storage, manufacture, sales or service facilities. LOWEST FLOOR— Lowest level, including basement, cellar, crawl space or garage of the lowest enclosed area. MANUFACTURED HOME — A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers and similar transportable structures placed on a site for 180 consecutive days or longer. MEAN SEA LEVEL — For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. NEW CONSTRUCTION — Structures for which the start of construction commenced on or after the effective date of this chapter. PRINCIPALLY ABOVE GROUND — At least 51% of the actual cash value of the structure, excluding land value, is above ground. REGULATORY FLOODWAY — The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in § 157-12B of this chapter. START OF CONSTRUCTION— Includes substantial improvement and means the first placement of permanent construction of the structure (other than a manufactured home) on a site, such as the pouring of slabs or footings, the installation of piles, the 157:4 06-01-2004 § 157-4 FLOOD DAMAGE PREVENTION § 157-6 construction of columns or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For manufactured homes, "start of construction" is the date on which the construction of facilities for servicing the site on which the manufactured home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is commenced but in any event, no later than the placement of a manufactured home on a foundation. STRUCTURE — A walled and roofed building, a manufactured home, or a gas or liquid storage tank,that is principally above ground. SUBSTANTIAL IMPROVEMENT — Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, substantial improvement is considered to commence when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (1) Any project for improvement of a structure to comply with existing state or local building, fire, health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or (2) Any alteration of a structure or contributing structure listed on the National Register of Historic Places or a State Inventory of Historic Places. VARIANCE — A grant of relief from the requirements of this chapter which permits construction or use in a manner that would otherwise be prohibited by this chapter. § 157-5. Applicability. This chapter shall apply to all areas of special flood hazard within the jurisdiction of the Town of Ithaca. § 157-6. Basis for establishing areas of special flood hazard. [Amended 8-7-1989 by L.L. No.3`19891 The areas of special flood hazard have been identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "Flood Insurance Study Town of Ithaca, New York, Tompkins County," dated December 19, 1984 with Flood Insurance Rate Maps enumerated on Map Index No. 360851 0001-0025 dated June 19, 1985, and with accompanying Flood Boundary and Floodway Maps enumerated on Map Index No. 360851 0001-0025 dated June 19, 1985. 157:5 06-01-2004 § 157-7 ITHACA CODE § 157-10 § 157-7. Interpretation; conflict with other provisions. A. This chapter is adopted in response to revisions to the National Flood Insurance Program effective October 1, 1986, and shall supersede all previous laws adopted for the purpose of establishing and maintaining eligibility for flood insurance. B. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety and welfare. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive, or that imposing the highest standards, shall govern. § 157-8. Penalties for offenses. No development shall occur and no structure shall hereafter be constructed, located, extended, converted or altered and no land shall be excavated or filled without full compliance with the terms of this chapter and any other applicable regulations including receipt of the development permit set forth below together with any building permits required pursuant to any building, zoning or other rule, law, or regulation governing construction. Any violation of the provisions of this chapter by failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with conditions of the permit, shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $500 or imprisoned for not more than 30 days, or both, for each violation, and in addition, shall pay all costs and expenses involved in the case. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Building Inspector from taking such other lawful action as necessary to prevent or remedy a violation. Any structure found not complying with the requirements of this chapter for which the owner has not applied for and received an approved variance under §§ 157-16 and 157-17 will be declared noncomplying and notification sent to the Federal Emergency Management Agency. § 157-9. Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the Town of Ithaca, any officer or employee thereof or the Federal Emergency Management Agency for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. § 157-10. Requirement for development permit. A. A development permit shall be obtained before any development or start of construction, whichever occurs earlier, within any area of special flood hazard as established in § 157-6. 157:6 06-01-2M § 157-10 FLOOD DAMAGE PREVENTION § 157-11 B. The Building Inspector is hereby appointed local administrator to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions. C. The Building Inspector may include such conditions to the grant of any development permit as the Building Inspector may reasonably require to carry out the purpose of this chapter, and, further, in consideration of the technical evaluations, all relevant factors and standards specified in other sections of this chapter including, but not limited to, those set forth in § 157-16D below. § 157-11. Permit application; duties of owner. A. Development permit application. (1) The application for the development permit must be made by the owner of the property, or by a person duly authorized by the owner ("hereinafter collectively referred to as the 'owner"), on forms prepared by the Building Inspector. (2) The following information is required where applicable: (a) Plans, in duplicate, drawn to scale showing the nature, location, dimension, and elevations of the area in question, existing and/or proposed structures, fill, storage of materials, and drainage facilities; (b) Elevation in relation to mean sea level of the proposed lowest floor (including basement or cellar) of all structures; (c) Elevation in relation to mean sea level to which any nonresidential structure will be floodproofed; (d) When required, a certificate from a licensed professional engineer or architect that the utility floodproofing will meet the criteria in § 157-13C(1); (e) Certificate from a licensed professional engineer or architect that the nonresidential floodproofed structure will meet the floodproofing criteria in § 157-14; (f) Description of the extent to which any watercourse or regulated floodway will be altered or relocated as a result of proposed development; and (g) Such other information as the Building Inspector may reasonably require. (3) Any permit issued may require that the work for which the permit is granted shall be begun on a date which shall be no more than three months after its issue. The estimated date of completion of the work shall appear on the permit. The Building Inspector may grant extensions of time as the Building Inspector may reasonably determine, taking into account the factors and standards set forth elsewhere in this chapter and the Building Inspector may require additional conditions taking into account such factors and standards and any changes in the physical facts, or in any applicable law, code or regulations, and the extent of the progress of such work at 157:7 06-01-200a § 157-11 ITHACA CODE § 157-12 the time of application. Such application for extension shall be made on forms prepared by the Building Inspector. B. Duties of owner. (1) Upon placement of the lowest floor, or floodproofing by whatever means, it shall be the duty of the owner to submit to the Building Inspector a certificate of the elevation of the lowest floor, or floodproofed elevation, in relation to mean sea level. The elevation certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by same. When floodproofing is utilized for a particular building, the floodproofing certificate shall be prepared by or under the direct supervision of a licensed professional engineer or architect and certified by same. The Building Inspector shall review all data submitted. Deficiencies detected shall be cause to issue a stop-work order for the project unless immediately corrected. (2) It shall be the responsibility of the owner to insure that all work and construction has been done in compliance with the requirements of this chapter. The owner shall sign and acknowledge a certificate that the work has been performed and completed in accordance with all provisions of this chapter and the conditions of a permit. The Building Inspector may also require that such a certificate be signed by a competent person who has supervised or examined the work. § 157-12. Duties and responsibilities of Building Inspector. Duties of the Building Inspector shall include, but not be limited to: A. Permit application review. (1) Review all development permit applications to determine that the requirements of this chapter have been satisfied. (2) Review all development permit applications to determine that all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required. (3) Review all development permits for compliance with the provisions of § 157-13E, Encroachments. B. Use of other base flood and floodway data. When base flood elevation data has not been provided in accordance with § 157-6, Basis for establishing areas of special flood hazard, the Building Inspector shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, including data developed pursuant to § 157-13D(4), in order to administer § 157-14, Specific standards, and § 157-15, Floodways. C. Information to be obtained and maintained. 157:8 06-01-2004 § 157-12 FLOOD DAMAGE PREVENTION § 157-12 (1) Obtain and record the actual elevation, in relation to mean sea level, of the lowest floor, including basement or cellar, of all new or substantially improved structures and whether or not the structure contains a basement or cellar. (2) For all new or substantially improved floodproofed structures: (a) Obtain and record the actual elevation, in relation to mean sea level, to which the structure has been floodproofed; and (b) Maintain the floodproofing certifications required in §§ 157-13 and 157-14. (3) Maintain for public inspection all records pertaining to the provisions of this chapter, including variances when granted and certificates of compliance. D. Alteration of watercourses. (1) Notify adjacent communities and the New York State Department of Environmental Conservation prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administrator. (2) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished. E. Interpretation of FIRM boundaries. (1) The Building Inspector shall have the authority to make interpretations when there appears to be a conflict between the limits of the federally identified area of special flood hazard and actual field conditions. (2) Base flood elevation data established pursuant to § 157-6 and/or § 157-12B, when available, shall be used to accurately delineate the area of special flood hazard. (3) The Building Inspector shall use flood information from any other authoritative source, including historical data, to establish the limits of the area of special flood hazards when base flood elevations are not available. F. Stop-work orders. (1) All floodplain development or construction found ongoing without an approved development permit, or any other required permits, shall be subject to the issuance of a stop-work order by the Building Inspector. Disregard of a stop-work order shall be subject to the penalties described in § 157-8 of this chapter. (2) All floodplain development found to be not complying with the provisions of this chapter and/or the conditions of the approved permit shall be subject to the issuance of a stop-work order by the Building Inspector. Disregard of a stop-work order shall be subject to the penalties described in § 157-8 of this chapter. G. Inspections. The Building Inspector or, if required by the Building Inspector, the owner's engineer or architect shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions and enable the person who is conducting the inspection to certify that the development is in 157:9 06-01-2004 § 157-12 ITHACA CODE § 157-13 compliance with the requirements of either the development permit or the approved variance. H. Certificate of compliance. (1) It shall be unlawful to use or occupy or to permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of compliance has been issued by the Building Inspector stating that the building or land conforms to the requirements of this chapter. (2) All other development occurring within the designated flood hazard area will have upon completion a certificate of compliance issued by the Building Inspector. (3) All certifications shall be based upon the inspections conducted subject to Subsection G, the certification of professionally qualified representatives made pursuant to Subsection G and/or any certified elevations, hydraulic information, floodproofing, anchoring requirements or encroachment analysis which may have been required as a condition of the approved permit. § 157-13. General standards. hi all areas of special flood hazard the following standards are required: A. Anchoring. (1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. (2) All manufactured homes shall be installed using methods and practices which minimize flood damage. Manufactured homes must be elevated and anchored to resist flotation, collapse or lateral movement. All manufactured homes to be placed or substantially improved shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the following requirements: (a) Over-the-top ties shall be provided at each of the four corners of the manufactured home, with two additional ties per side at intermediate locations, with manufactured homes less than 50 feet long requiring one additional tie per side. (b) Frame ties shall be provided at each corner of the home with five additional ties per side at intermediate points, with manufactured homes less than 50 feet long requiring four additional ties per side. (c) All components of the anchoring system shall be capable of carrying a force of 4,800 pounds; and (d) Any additions to the manufactured home shall be similarly anchored. 157:10 06-01-2004 § 157-13 FLOOD DAMAGE PREVENTION § 157-13 B. Construction materials and methods. (1) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (2) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. C. Utilities. (1) All new construction and substantial improvement shall be constructed with electrical, heating,ventilation, plumbing, and air-conditioning equipment, and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. When designed for location below the base flood elevation, a professional engineer's or architect's certification is required that such utilities meet this specification; (2) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system; (3) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters; and (4) On-site waste disposal systems shall be located to avoid impairments to them or contamination from them during flooding. D. Subdivision proposals. (1) All subdivision proposals, including proposed manufactured home parks or subdivisions, shall be consistent with the need to minimize flood damage; (2) All subdivision proposals, including proposed manufactured home parks or subdivisions, shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage; (3) All subdivision proposals, including proposed manufactured home parks or subdivisions, shall have adequate drainage provided to reduce exposure to flood damage; and (4) Base flood elevation data shall be provided for subdivision proposals and other proposed developments (including proposals for manufactured home parks and subdivisions) greater than either 50 lots or five acres. E. Encroachments. (1) In all areas of special flood hazard in which base flood elevation data is available pursuant to § 157-12B or 157-13D(4) and no floodway has been determined the cumulative effects of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one foot at any point. 157:11 06-01-2004 § 157-13 ITHACA CODE § 157-15 (2) In all areas of special flood hazard where floodway data is provided or available pursuant to § 157-12B the requirements of§ 157-15, Floodways, shall apply. § 157-14. Specific standards. In all areas of special flood hazard where base flood elevation data has been provided as set forth in § 157-6, Basis for establishing areas of special flood hazard, and § 157-12B, Use of other base flood data, the following standards are required: A. Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement or cellar, elevated to or above the base flood elevation. B. Nonresidential construction. (1) New construction and substantial improvements of any commercial, industrial or other nonresidential structure, together with attendant utility and sanitary facilities, shall either have the lowest floor, including basement or cellar, elevated to or above the base flood elevation or be floodproofed so that the structure is watertight below the base flood level with walls substantially impermeable to the passage of water. All structural components located below the base flood level must be capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. (2) If the structure is to be floodproofed: (a) A licensed professional engineer or architect shall develop and/or review structural design, specifications and plans for the construction and shall certify that the design and methods of construction are in accordance with accepted standards of practice to make the structure watertight, with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy; and (b) A licensed professional engineer or licensed land surveyor shall certify the specific elevation (in relation to mean sea level) to which the structure is floodproofed. (3) The Building Inspector shall maintain on record a copy of all such certificates noted in this section. § 157-15. Floodways. Located within areas of special flood hazard are areas designated as floodways (see definition, § 157-4). The floodway is an extremely hazardous area due to high-velocity floodwaters carrying debris and posing additional threats from potential erosion forces. When floodway data is available for a particular site as provided by §§ 157-6 and 157-12B, all encroachments, including fill, new construction, substantial improvements and other development, are prohibited within the limits of the floodway unless a technical evaluation demonstrates that 157:12 06-01-2004 § 157-15 FLOOD DAMAGE PREVENTION § 157-16 such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge and no manufactured home shall be placed within the limits of the floodway except in an existing manufactured home park or existing manufactured home subdivision. § 157-16. Variance procedures. A. The Zoning Board of Appeals as established by the Town Board shall hear and decide appeals and requests for variances from the requirements of this chapter. B. The Zoning Board of Appeals shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the Building Inspector in the enforcement or administration of this chapter. C. Those aggrieved by the decision of the Zoning Board of Appeals, or any taxpayer owning property in the Town of Ithaca who may have a significant interest in the decision and proceedings on which it was based, may appeal such decision to the Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules. D. In passing upon such applications, the Zoning Board of Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter and: (1) The danger that materials may be swept onto other lands to the injury of others; (2) The danger to life and property due to flooding or erosion damage; (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (4) The importance of the services provided by the proposed facility to the community; (5) The necessity to the facility of a waterfront location, where applicable; (6) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (7) The compatibility of the proposed use with existing and anticipated development; (8) The relationship of the proposed use to the Comprehensive Plan and Floodplain Management Program of that area; (9) The safety of access to the property in times of flood for ordinary and emergency vehicles; (10) The costs to local governments and the dangers associated with conducting search and rescue operations during periods of flooding; (11) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and 157:13 06-01-2004 § 157-16 ITHACA CODE § 157-17 (12) The costs of providing governmental services during and after flood conditions, including search and rescue operations and maintenance and repair of public utilities and facilities, such as sewer, gas, electrical and water systems and streets and bridges. E. Upon consideration of the factors of Subsection D and the purposes of this chapter, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. F. The Zoning Board of Appeals shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Emergency Management Agency upon request. § 157-17. Conditions for variances. A. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that § 157-161)(1) through (12) have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases. B. Variances may be issued for the reconstruction, rehabilitation or restoration of structures and contributing structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this section. C. Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use, provided that: (1) The criteria of Subsections A, D, E and F of this section are met. (2) The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threat to public safety. D. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. E. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. F. Variances shall be issued only upon: (1) A showing of good and sufficient cause; (2) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and (3) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense, create 157:14 06-01-2004 § 157-17 FLOOD DAMAGE PREVENTION § 157-17 nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances. G. Any applicant to whom a variance is granted for a building with the lowest floor below the base flood elevation shall be given written notice that the cost of flood insurance will be commensurate with the increased risk resulting from lowest floor elevation. 157:15 06-01-2004 Chapter 161 FRESHWATER WETLANDS § 161-1.Regulatory authority. § 161-2.When effective. [HISTORY: Adopted by the Town Board of the Town of Ithaca 8-23-1976 by L.L. No. 3-1976.Amendments noted where applicable.] GENERAL REFERENCES Conservation Board—See Ch.23. Subdivision of land—See Ch.234. Building construction—See Ch.125. Zoning—See Ch.270. Flood damage prevention—See Ch.157. § 161-1. Regulatory authority. Pursuant to § 24-0501 of the New York State Freshwater Wetlands Act (Article 24 of the New York Environmental Conservation Law), the Town of Ithaca shall fully undertake and exercise its regulatory authority with regard to activities subject to regulation under the Act in freshwater wetlands, as shown on the Freshwater Wetlands Map, as such map may from time to time be amended, filed by the Department of Environmental Conservation pursuant to the Act, and in all areas adjacent to any such freshwater wetlands up to 100 feet from the boundary of such wetlands. Such regulatory authority shall be undertaken and exercised in accordance with all of the procedures, concepts and definitions set forth in Article 24 of the New York Environmental Conservation Law and Title 23 of Article 71 of such law relating to the enforcement of Article 24, as such law may from time to time be amended. § 161-2. When effective. This chapter, adopted on August 8, 1976, shall take effect upon the filing with the Clerk of the Town of Ithaca of the final Freshwater Wetlands Map by the New York State Department of Environmental Conservation pursuant to § 24-0301 of the Freshwater Wetlands Act applicable to any or all lands within the Town of Ithaca. 161:1 06-01-2004 Chapter 166 GAMES OF CHANCE § 166-1.Statutory authority; title. § 166-6.Summary application for license. § 166-2.Definitions. § 166-7.Mandatory referendum. § 166-3.Conduct of games of chance § 166-8.Applicability in Village of authorized; restrictions. Cayuga Heights. § 166-4.Sunday games. § 166-9.Effective date. § 166-5.Control and supervision. [HISTORY: Adopted by the Town Board of the Town of Ithaca 8-10-1998 by L.L. No. 16-1998 (approved at 11-10-1998 election); amended in its entirety 6-7-1999 by L.L. No. 9-1999 (approved at 11-15-1999 election). Subsequent amendments noted where applicable.] GENERAL REFERENCES Bingo—See Ch.121. § 166-1. Statutory authority; title. This chapter is adopted pursuant to the authority granted by § 188 of Article 9-A of the General Municipal Law and shall be known as the "Town of Ithaca Games of Chance Local Law." § 166-2. Definitions. The words and terms used in this chapter shall have the same meanings as such words and terms are used in Article 9-A of the General Municipal Law, unless otherwise provided herein or unless the context requires a different meaning. Without limiting the foregoing, the definitions of "authorized organization," "lawful purposes," and "games of chance" as set forth in § 186 of the General Municipal Law as the same may be amended from time to time shall have the same definitions for the purposes of this chapter. § 166-3. Conduct of games of chance authorized; restrictions. Pursuant to, and in accordance with, the provisions of § 188, Subdivision 1, of the General Municipal Law of the State of New York and other applicable provisions of law, it shall be lawful for any authorized organization, upon obtaining a license therefor as provided in Article 9-A of the General Municipal Law and other applicable statutes, to conduct games of chance within the territorial limits of the Town of Ithaca, subject to the provisions of this chapter, the provisions of Article 9-A of the General Municipal Law, and the rules and regulations set forth by any applicable New York State or local agency relating thereto. The 166:1 06-01-2004 § 166-3 ITHACA CODE § 166-8 conduct of games of chance shall be subject to the restrictions imposed by § 189 of the General Municipal Law. § 166-4. Sunday games. Pursuant to § 195 of the General Municipal Law, the conduct of games of chance on Sunday between the hours of noon and midnight is hereby authorized. Notwithstanding this provision no authority is granted to conduct games of chance on the three days set forth in § 195 of the General Municipal Law on which days the State of New York prohibits the conduct of such games. § 166-5. Control and supervision. The powers and duties set forth in Subdivision 1 of § 194 of the General Municipal Law shall be exercised on behalf of the Town of Ithaca by the Town Supervisor, the Town Clerk, the Town Building and Zoning Enforcement Officer, and such other person or persons as the Town may direct by resolution from time to time. § 166-6. Summary application for license. Pursuant to § 190 of the General Municipal Law, applicants for a license who have obtained an identification number from the New York State Racing and Wagering Board and otherwise qualifying pursuant to said § 190 may apply for a license on a summary application as authorized in § 190, Subdivision 3, rather than a full application required by § 190, Subdivision 1, of the General Municipal Law. § 166-7. Mandatory referendum. In accordance with the provisions of § 188, Subdivision 2, of the General Municipal Law and § 23, Subdivision 1, of the Municipal Home Rule Law, this chapter shall not become operative or effective unless and until it shall have been approved at the next general election held within the Town of Ithaca by the affirmative vote of a majority of the qualified electors of the Town voting upon the proposition.' § 166-8. Applicability in Village of Cayuga Heights. This chapter shall apply to the territory of the Town within the Village of Cayuga Heights only if, after adoption of this chapter, the Board of Trustees of such village adopts a local law or resolution in accordance with § 187 of the General Municipal Law authorizing the Town to issue licenses for games of chance within such village. 1. Editor's Note:These games of chance provisions were approved at the 11-10-1998 election. 166:2 06-01-2004 § 166-9 GAMES OF CHANCE § 166-9 § 166-9. Effective date. This amended and restated chapter shall take effect, if approved as set forth above by the electors, on November 15, 1999. 166:3 06-01-2004 Chapter 175 LOCK BOXES § 175-1.Findings. § 175-5.Location and attachment of lock § 175-2.Definitions. boxes. § 175-3.Applicability. § 175-6.Retrofit requirement. § 175-4.Attachment of lock box. § 175-7.Penalties for offenses. [HISTORY: Adopted by the Town Board of the Town of Ithaca 6-12-1995 by L.L. No. 7-1995.Amendments noted where applicable.] GENERAL REFERENCES Noise—See Ch.184. § 175-1. Findings. A. The Town Board of the Town of Ithaca finds the use of alarm systems connected directly or indirectly to an agency providing fire and other emergency responses is increasing within the Town of Ithaca; and B. On occasion such alarms have been erroneously activated when the premises are vacant or under other circumstances where the Fire Department has been called to the premises or other emergency personnel have responded and have been unable to obtain access to the premises to turn off the alarm; and' C. There have been other circumstances where alarms are connected to loud noise-making devices such as bells or klaxons and it has not been possible to turn off such noise-making alarms when they have been triggered by an erroneous signal; and D. There are circumstances where an emergency such as a fire or burglary is in progress and a non-forced entry to the premises would be desirable to react to the emergency; and E. It would be desirable to provide for a method of access by emergency personnel under any of the foregoing circumstances in a controlled manner. § 175-2. Definitions. As used in this chapter, the following terms shall have the meanings indicated: ALARM SYSTEM — Any system by which notification of a possible fire is made, directly or indirectly, to the Fire Department, or other emergency response entity or dispatcher or which activates an audible signal that can be heard off of the property on which the premises 1. Editor's Note:Amended at time of adoption of Code(see Ch.1,General Provisions,Art.I). 175:1 06-01-2004 § 175-2 ITHACA CODE § 175-7 are located or a visual signal which can be seen off of the property on which the premises are located. 2 LOCK BOX — A device as prescribed by the Town of Ithaca or the City of Ithaca Fire Department in coordination with the Town of Ithaca Building and Zoning Enforcement Officer in which shall be placed a key to the premises on which the box is located, access to which box shall be limited and regulated so that a minimum number of persons shall have access to the key that will open the box and a record is maintained at all times as to the person or persons who may obtain access to the box. § 175-3. Applicability. This chapter shall apply to all areas of the Town of Ithaca outside the Village of Cayuga Heights. § 1754. Attachment of lock box. Lock boxes shall be required for all new and existing buildings, other than one- or two-family dwellings, that have an alarm system. § 175-5. Location and attachment of lock boxes. Lock boxes shall be affixed to the structures in the manner detailed by the manufacturer and in a location established by either the City of Ithaca Fire Department or the Town of Ithaca Building Code and Zoning Enforcement Officer. § 175-6. Retrofit requirement. Any building currently in existence to which this chapter shall apply shall have a period ending July 1, 1996, within which to comply with the terms of this chapter. § 175-7. Penalties for offenses. A violation of this chapter is hereby declared to be a Class B misdemeanor punishable in accordance with the provisions of the Penal Law relating to the commission of misdemeanors. In addition the Town Board of the Town may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter, notwithstanding that this chapter provides a penalty or other punishment for such violation. 2. Editor's Note:Amended at time of adoption of Code(see Ch.1,General Provisions,Art.D. 175:2 06-01-2004 Chapter 184 NOISE ARTICLE I ARTICLE III General Provisions Permits § 1841. Title. § 1847. Authorization for permit. § 184-2. Applicability. § 184-8. Permit procedure. § 184-3. Purpose. § 1844. Definitions. ARTICLE IV Violation and Penalty ARTICLE II Special Noise Sources § 184-9. Violations. § 184-10.Penalties for offenses. § 1845. Radios,television sets and other § 18411.Liability of owner. sound-producing devices. § 1846. Construction of buildings and projects. [HISTORY: Adopted by the Town Board of the Town of Ithaca 8-7-1989. Amendments noted where applicable.] GENERAL REFERENCES Animals—See Ch.112. ARTICLE I General Provisions § 184-1. Title. This chapter shall be known and may be cited as the "Town of Ithaca Noise Ordinance." § 184-2. Applicability. This chapter shall apply to all areas of the Town outside the Village of Cayuga Heights. § 1843. Purpose. The purpose of this chapter is to preserve the public health, peace, welfare, and good order by suppressing the making, creation, or maintenance of excessive, unnecessary, unnatural or unusually loud noises which are prolonged, unusual or unnatural in their time, place, and use and which are detrimental to the environment. 184:1 06-01-2004 § 184-4 ITHACA CODE § 184-4 § 184-4. Definitions. Unless the context otherwise clearly indicates, the words and phrases used in this chapter are defined as follows: DAYTIME HOURS — The hours beginning at 7:00 a.m. local time on Monday through Friday and beginning 8:00 a.m. local time on Saturday and Sunday, and ending 10:00 p.m. local time on Sunday through Thursday and ending 12:00 midnight local time on Friday and Saturday. DECIBEL — A unit for expressing the ratio of two amounts of electric or acoustic power equal to 10 times the common logarithm of the power ratio with a reference power of 20 micro pascals and weighted according to ANSI standard "A" weighting. It is abbreviated "dB/(A)." Decibels shall be measured on standard sound-level meters acceptable to the Tompkins County Sheriffs Department or the Town of Ithaca Building and Zoning Inspector. MOTOR VEHICLES — Includes, but not be limited to, automobiles, trucks, buses, mopeds, minibikes, and any other vehicle as defined by the Vehicle and Traffic Law of the State of New York as it may be amended from time to time. NIGHTTIME HOURS — The hours beginning 10:00 p.m. local time on Sunday through Thursday and beginning 12:00 midnight local time on Friday and Saturday and ending 7:00 a.m. local time on Monday through Friday and ending 8:00 a.m. local time Saturday and Sunday. PERSON — Includes the singular and plural and also any individual, any property owner and/or lessee, any fore, corporation, political subdivision, government agency, association or organization, including but not limited to officers, directors, employees, agents and/or independent contractors thereof, or any legal entity whatsoever. RESIDENTIAL ZONE — An R-5, R-9, R-15, R-30 or a Multiple Residence District, or an Agricultural District, as defined in the Town of Ithaca Zoning Ordinance.' 'Residential Zone" also includes any special land use district defined by such ordinance wherein one of the principal land users is residential. Should such ordinance be amended or replaced and by so doing adding additional zones or differently denominated zones, "residence zones" shall mean those zones determined under such ordinance or any successor statute wherein the predominant intended land use is either residential or agricultural. SOUND-AMPLIFYING EQUIPMENT — Any machine or device for the amplification of the human voice, instrumental music, or any other sound. Sound-amplifying equipment shall not include standard automobile radios or tape recorders when used and heard only by the occupants of the motor vehicle in which such automobile radio or tape recorder is installed. As used in this chapter, sound-amplifying equipment shall not include warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes. 1. Editor's Note:See Ch.270,Zoning. 184:2 06-01-2M § 184-4 NOISE § 184-6 TOWN — All of the Town of Ithaca exclusive of the portion of the Town within the incorporated Village of Cayuga Heights. UNREASONABLE NOISE — Any excessive or unusually loud sound which, at the boundary line of the property from which the sound emanates, either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensitivities, or which causes injury to animal life or damages to property or business. ARTICLE II Special Noise Sources § 184-5. Radios,television sets and other sound-producing devices. A. It shall be unlawful for any person anywhere in the Town to use or to operate any radio or receiving set, musical instrument (including drums), phonograph, television set, or other machine or device for the producing or reproducing of sound that during the nighttime hours as defined in this chapter produces unreasonable noise within any Residential Zone. B. It shall be unlawful for any person within any residential zone to use or operate any radio receiving set, musical instrument (including drums), phonograph, television set, or other machine or device for the producing or reproducing of sound that during the nighttime hours as defined in this chapter, either produces unreasonable noise or emits a sound greater than 55 dB(A) as measured at the property line of the emitting source or the adjacent public right-of-way. During the daytime hours it shall be unlawful for any person to operate or use any radio receiving set, musical instrument, phonograph, television set or other machine or device for the producing or reproducing of sound at a level greater than 60 dB(A) as measured at the property line of the emitting source or the adjacent public right-of-way. The corresponding sound levels permitted in any zone other than a Residential Zone shall be 55 dB(A) nighttime and 65 dB(A) daytime. § 184-6. Construction of buildings and projects. A. During the nighttime hours as defined in Article 1, § 184-4 herein, it shall be unlawful for any person within a residential zone, or within a radius of 500 feet of a Residential Zone, to operate construction equipment or perform any outside construction or repair work (except that of an emergency nature) on buildings, structures, or projects, or to operate any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, or other construction equipment except to perform emergency work. B. If any domestic power tool, including but not limited to mechanically powered saws, sanders, grinders, and lawn and garden tools used outdoors, is operated during nighttime hours, no person shall operate such machinery so as to cause unreasonable noise in a Residential Zone. 184:3 06-01-2004 § 184-7 ITHACA CODE § 184-8 ARTICLE III Permits § 184-7. Authorization for permit. Where the enforcement of this chapter would create an unnecessary hardship, the Town Board, in its discretion, is authorized to grant a permit for a specific waiver from the requirements of this chapter. Such waivers shall be granted only in those circumstances where the applicant demonstrates that the waiver is necessary for a valid purpose, that the proposed waiver is the minimal intrusion needed, that on balance the need for and benefits of the waiver outweigh the needs and rights of the surrounding neighbors to a peaceable and quiet environment. § 184-8. Permit procedure. A. An application for such a permit shall be filed with the Town Clerk and shall provide the following information: (1) Name of applicant. (2) The adult person responsible for compliance with the permit, if different from the applicant, which adult person shall also sign the application and agree to be responsible for compliance with the permit terms and any conditions attached to the permit. (3) The reasons for such usage. (4) Plans and specifications of the use. (5) Noise abatement and control methods to be used. (6) Time schedule. (7) Demonstration why applicant cannot conform to this chapter. (8) Such other information as the Town Clerk and/or Town Board may reasonably require to adequately consider the permit request. B. A public hearing before the Town Board shall be held in connection with the application no less than five days after publication of notice of such hearing in the Town's official newspaper. The issuance of permits shall be discretionary. The Town Board may impose any conditions deemed necessary by such Board to minimize the intrusion of sound that might occur by the exercise of the privileges granted by the permit. 184:4 06-01-2004 § 184-9 NOISE § 184-11 ARTICLE IV Violation and Penalty § 184-9. Violations. A. Any sound originating from a stationary property location which is measured at the property line from which the sound is emanating and found to be in excess of the levels permitted for the zone as specified in this chapter shall be a violation of this chapter. B. Any sound originating from a transient noise source and measured on a standard meter at a distance of 50 feet from the emitting source which is found to be in excess of the noise levels specified in this chapter or of the New York State Vehicle and Traffic Law shall be a violation of this chapter. C. Any unreasonable noise prohibited by Article II of this chapter during the nighttime hours as defined in this chapter shall be a violation of this chapter. § 18410. Penalties for offenses. Any person who shall violate the provisions of this chapter shall be punishable as follows: For the first violation the violator shall be subject to a fine of up to $250 or imprisonment not to exceed 15 days, or both. In the event a person is found to be violating this chapter more than once within any five-year period, a violator shall be subject to a fine of up to $500 or imprisonment not to exceed 30 days, or both. With respect to continuous emissions of sound, each day of such emission shall constitute a separate violation. § 18411. Liability of owner. The owner of any real property (except public highways, and other publicly owned facilities) from which sounds prohibited by this chapter emanate shall be guilty of a violation of this chapter, whether or not such owner was on the premises or occupied the premises when the proscribed sounds emanated from same. 184:5 06-01-2004 Chapter 188 NOTIFICATION OF DEFECTS § 188-1.Prerequisites to certain suits. § 188-3.Supersession of statute. § 188-2.Transmission of notices. [HISTORY: Adopted by the Town Board of the Town of Ithaca 12-13-1977 by L.L. No. 3-1977.Amendments noted where applicable.] GENERAL REFERENCES Defense and indemnification of Town employees—See Streets and sidewalks—See Ch.M. Ch.28. § 188-1. Prerequisites to certain suits. No civil action shall be maintained against any Town or Town superintendent of highways for damages or injuries to persons or property sustained by reason of any highway, bridge or culvert being defective, out of repair, unsafe, dangerous or obstructed unless written notice of such defective, unsafe, dangerous or obstructed condition of such highway, bridge or culvert was actually given to the Town Clerk or Town Superintendent of Highways, and there was a failure or neglect within a reasonable time after the giving of such notice to repair or remove the defect, danger or obstruction complained of; but no such action shall be maintained for damages or injuries to person or property sustained solely in consequence of the existence of snow or ice upon any highway, bridge or culvert, unless written notice thereof, specifying the particular place, was actually given the Town Clerk or Town Superintendent of Highways and there was a failure or neglect to cause such snow or ice to be removed, or to make the place otherwise reasonably safe within a reasonable time after the receipt of such notice. § 188-2. Transmission of notices. t The Town Superintendent of Highways shall transmit in writing to the Town Clerk within 10 days after the receipt thereof all written notices received by him pursuant to this chapter and Subdivision 2 of§ 65-a of the Town Law. § 188-3. Supersession of statute.2 This chapter shall supersede in its application to the Town of Ithaca Subdivision 1 of § 65-a of the Town Law. 1. Editor's Note:Amended at time of adoption of Code(see Ch.1,General Provisions,Art.I). 2. Editor's Note:Amended at time of adoption of Code(see Ch.1,General Provisions,Art.I). 188:1 06-01-2004 Chapter 192 NUMBERING OF BUILDINGS § 192-1.Affixing of house numbers § 192-3.Penalties for offenses. required. § 192-4.Applicability. § 192-2.Numbering standards. [HISTORY: Adopted by the Town Board of the Town of Ithaca 6-12-1995 by L.L. No. 6-1995.Amendments noted where applicable.] GENERAL REFERENCES Property maintenance—See Ch.205. § 192-1. Affixing of house numbers required. All buildings, houses, and apartment buildings shall have separate street identification numbers affixed to each by the owner of record. § 192-2. Numbering standards. The numbers so affixed shall be: A. Of a contrasting color to the background; B. No less than three inches and no more than 18 inches in height and otherwise in conformity with Chapter 221, Signs, of the Code of the Town of Ithaca, as the same may be amended from time to time; C. Affixed in a manner as to be clearly visible from the street. To the extent reasonably possible, and if clearly visible from the street, the numbering shall be affixed: (1) If the front door of the premises faces the street, at a location within three feet of the front door; or (2) If the premises have a mailbox on the premises, on the mailbox; or (3) On a freestanding post or sign in the front yard of the premises. § 192-3. Penalties for offenses. A violation of this chapter is hereby declared to be a Class B misdemeanor punishable in accordance with the provisions of the Penal Law relating to the commission of misdemeanors. In addition the Town Board of the Town may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter, notwithstanding that this chapter provides a penalty or other punishment for such violation. 192:1 06-01-2004 § 192-4 ITHACA CODE § 192-4 § 192-4. Applicability. This chapter shall apply to all areas of the Town of Ithaca outside the Village of Cayuga Heights. 192:2 06-01 -2004 Chapter 200 PARKS AND RECREATION AREAS § 200-1. Construal of provisions. § 200-7. Issuance of permit. § 200-2. Intent. § 200-8. Fees; security deposits; § 200-3. General regulations. insurance; damages; other § 200-4. Trail regulations. requirements. § 200-5. Prohibited activities. § 200-9. Variance. § 200-6. Activities requiring permit. § 200-10.Penalties for offenses. § 200-11.Enforcement. [HISTORY: Adopted by the Town Board of the Town of Ithaca 3-11-2002 by L.L. No. 4-2002.Amendments noted where applicable.] GENERAL REFERENCES Animals—See Ch.112. Noise—See Ch.184. §200-1. Construal of provisions. This chapter amends and restates Local Law No. 1 for the Year 1980 and No. 1 for the Year 1982 as the same may have been amended from time to time. To the extent there is any inconsistency between the terms of this chapter and the above referenced local laws, the terms of this chapter shall prevail. §200-2. Intent. The Town of Ithaca, in order to provide for balanced Town development and to safeguard and promote the general health and welfare of the community, has established a variety of park areas, trails and facilities. Such park areas, trails and facilities vary greatly in size, development, and appropriateness of various activities. To enhance and promote the safety and enjoyment of each individual in the use of Town of Ithaca parks, trails, and facilities, and to assure each individual equal opportunity in the use and enjoyment of such facilities, the rules and regulations of this chapter are established to govern the conduct of the public with respect thereto. §200-3. General regulations. A. No persons shall use any Town of Ithaca park.facilities or trail facilities during the period commencing 1/2 hour after sunset and ending 1/2 hour prior to sunrise. Notwithstanding the foregoing, the Town Board, the Town Highway Superintendent, or the Town Parks Maintenance Manager may prohibit use of any park or trail facility at any time, or close a park or trail at any time, for purposes of repairs, or for safety during certain seasons of the year, or at any other time when reasonably necessary for the safety 200:1 06-01-2004 § 200-3 ITHACA CODE § 200-4 of the public, the users, or the community. Notices of closing at hours other than the normally closed hours, except in an emergency, shall be posted conspicuously on or about the park or trail facility. B. All users of the park and trails will behave in a reasonable and responsible manner at all times and will take due account of the presence of other persons using the facilities. C. Any person having custody or control of a minor will be responsible for ensuring that such minor complies with the rules and regulations of this chapter. D. Minors under six years of age shall at all times be under the supervision and control of a parent, guardian, or responsible adult. E. Domesticated household pets are allowed on Town of Ithaca parks or trails provided that the pet shall at all times be caged or restrained by a leash or other device. Animals shall at all times be under the supervision and control of the owner or person having custody of the animal. Owners shall use their best efforts to prevent animals from defecating or urinating on Town park facilities or trails, and shall clean up any feces or other bodily materials emanating from such animal. F. Field games may be played and field game equipment may be used only in areas developed and designated as playing fields. G. Picnics are permitted only in designated picnic areas. §200-4. Trail regulations. The following rules shall apply to the use of Town trails: A. The trails shall be used only for bicycle traffic and pedestrian traffic either on foot or with snowshoes or with cross-country skis with cross-country type bindings, and for no other purposes except as otherwise specifically authorized by this chapter. For purposes of this chapter, "bicycles" shall be defined as every devise propelled by the feet acting upon pedals and having wheels any two of which are more than 14 inches in diameter. Specifically excluded from the definition of bicycles shall be any device which is (or may be) motorized notwithstanding the fact that it may also be propelled by feet acting upon pedals. Notwithstanding the foregoing, wheelchairs, including motorized wheelchairs, may be used by persons who suffer from a disability that requires the use of a wheel chair to move about. B. The trails shall be used only for continuous travel and passage. Without limiting the foregoing, the following acts are prohibited on the trails: loitering, picnicking, littering, or otherwise depositing or dropping objects on the trail, the tossing of balls or other objects, playing games or other recreational use. C. Both bicycle and pedestrian traffic shall keep to the right of the center of the trail and travel in a single file when passing oncoming traffic. Upon overtaking another bicycle or pedestrian, bicyclists shall signal and proceed to pass with due care. Pedestrians shall yield to bicycles. 200:2 06-01-2004 § 200-4 PARKS AND RECREATION AREAS § 200-5 D. On those trails where horseback riding is permitted, horses shall travel in a single file and keep to the right of the center of the trail when passing oncoming traffic. Upon overtaking horses, bicyclists shall signal and proceed to pass with due care, minimizing the startling of the horses. Horses overtaking pedestrians shall be walked past any pedestrians. Bicyclists and pedestrians shall yield to horses. Horses shall be under control of the rider at all times. E. No bicycle should be used to carry more persons at one time than the number for which it is designated and equipped. F. Whenever a trail intersects a street, highway, walkway or other thoroughfare, traffic on the trail shall come to a complete halt before proceeding to cross said thoroughfares. Bicyclists and pedestrians shall observe all other applicable state and local laws, rules and regulations relating to the crossing of any thoroughfare and the use thereof. §200-5. Prohibited activities. No person shall in a Town park, on a Town trail, or in or on any other Town recreational facility: A. Cause any rubbish, garbage, refuse, organic or inorganic waste, or other offensive matter or any abandoned property or material to be left in or on any such Town park or trail facility. B. Make an excavation or injure, destroy, deface, remove, fill in, tamper with, or cut any real or personal property, tree or other plant life, or otherwise alter in any way the condition and appearance of any park or trail property, real or personal, except for the picking of edible berries and except as may be otherwise allowed by this chapter. C. Operate any motor vehicle including minibikes, trail bikes, and mopeds outside of designated parking areas and roadways; no person shall operate a snowmobile on Town park or trail property. D. Ride a bicycle or other wheeled device in a park facility except on a road, designated parking area, or a designated bikeway. E. Introduce, possess, discharge or use rifles, guns, revolvers, or other firearms or weapons, fireworks, explosives, traps, archery equipment, or any other dangerous instrument, or any instrument, weapon, or ammunition the propelling force of which is a spring, rubber, gas, or air, or any other dangerous force. F. Commit any act which may result in injury to any person or damage to real or personal property or create a hazardous condition. G. Engage in or encourage fighting or violent or threatening behavior. H. Make any unreasonable noise, including the making of unreasonable noise with the use of any device capable of amplifying sound such as musical instruments, radios, tape cassette players, loud speakers, CD players, and public address systems. I. Engage in camping. 200:3 06-01-2004 § 200-5 ITHACA CODE § 200-7 J. Make or maintain a fire other than in cooking grills erected and maintained by the Town for cooking purposes, but if there is no such equipment available, a person may make a fire in a grill or fire containment equipment made of metal but only in picnic areas, with all such fires to be completely extinguished after use. Notwithstanding the foregoing, the Town Highway Superintendent or the Town Parks Maintenance Manager may prohibit the making of a fire at any time. K. Throw away or discard any lighted match, cigar, cigarette, charcoal, or any other burning object. L. Distribute leaflets or other printed or written material. M. Advertise, promote, or conduct a commercial event or enterprise. N. Swim in Cayuga Lake at any park which has access to Cayuga Lake. O. Ride horses in any park or on any trail except the South Hill Recreation Way and the Game Farm section (from Maple Avenue to Game Farm Road) of the East Ithaca Recreation Way. §200-6. Activities requiring permit. A. The following activities may be engaged in only when undertaken pursuant to a written permit issued by the Town Board of the Town of Ithaca or its designated agent, and in accordance with the terms thereof and any other conditions contained in this chapter: (1) The conducting of a picnic or other event by a group or organization in excess of 50 persons. (2) Any event by a group of more than five people at which alcoholic beverages are being possessed or consumed. (3) Other special events which the Town Board of the Town of Ithaca may, by resolution, permit that are not otherwise covered by this chapter. B. Notwithstanding the foregoing, no permit shall be required if the event is sponsored by an organization providing recreational services for the benefit of the Town of Ithaca pursuant to a contract with the Town or its authorized representative. §200-7. Issuance of permit. The permit referred to in § 200-6 shall be issued by the Town Clerk in accordance with the following: A. At least 48 hours in advance of the operation of the permit, such permit application should be filed with the Town Clerk of the Town of Ithaca between the hours of 8:30 a.m. and 4:00 p.m. on Mondays through Fridays, except legal holidays. The Town Clerk may at the Town Clerk's discretion waive the requirement that the application be applied for 48 hours in advance. 200:4 06-01-2004 § 200-7 PARKS AND RECREATION AREAS § 200-8 B. Permits shall be issued on a first-come-first-served basis except if there is a conflict with an event of an organization contracting with or on behalf of the Town for the provision of recreational services, in which situation the event by the contracting organization shall take precedence. C. Any permit may be revoked for good cause shown or as the Town Board of the Town of Ithaca or its designated agent in the reasonable exercise of its discretion may determine,- which action shall be final. In the case of such revocation, all monies paid for or on account thereof shall, at the option of the Town Board of the Town of Ithaca, be forfeited to and retained by the Town. D. Neither the forfeiture and retention of any such money by the Town nor the recovery or collection of any damages or both shall preclude the prosecution of any person for a violation of a rule or regulation of the Town of Ithaca or the violation of any other local or state law, ordinance, rule or regulation. E. The provisions of this section are not exclusive, but additional requirements may be reasonably added with respect to any specific application at the discretion of the Town Board of the Town of Ithaca or its designated agent. F. Notwithstanding the foregoing, arrangements for use of the Coddington Road play field are to be made through the Coddington Road Community Center. Town permit applications for use of this play field shall be obtained from the Center and the Center shall indicate by signature of its designated agent on the permit application if such use is an activity of the Center. Use of the play field which is sponsored by the Center shall be exempt from the fee and security deposit requirements described in this chapter or other Town local laws and ordinances. G. A permit may be denied by the Town Clerk to a group or organization that in the past failed to comply with the provisions of this chapter. Any denial may be appealed to the Town Board, provided the appeal is filed in writing with the Town Clerk no more than 30 days after the denial. §200-8. Fees; security deposits; insurance; damages; other requirements. The following fees are established for the purposes of utilizing the parks or trails of the Town of Ithaca pursuant to this chapter. A. Fees. Activities reasonably expected to directly or indirectly involve the following number of persons and requiring a permit shall have the following fees: (1) Five to 49 persons: $5. (2) 50 to 100 persons: $25. (3) 101 or more: $50. B. Security deposits: 200:5 06-01-2004 § 2001-8 ITHACA CODE § 200-10 (1) Groups of 25 to 100 persons: a security deposit of$50 is required. (2) Groups of over 100 persons: a security deposit of$100 is required. (3) The security deposit shall be returned to the group after the event provided there has been no damage to, or littering of, any of the facilities utilized by the group. C. Insurance: (1) Groups of 25 to 100 persons: special event coverage for events beyond general Town coverage with Town named as additional insured. (2) Groups of over 100 persons: special event coverage as in (1) plus $1,000,000 excess liability with the Town named as additional insured. D. Damages. Any damages or littering cleanup costs not covered by a security deposit and/or insurance proceeds shall be payable by the group to the Town within 10 days of mailing to the person who signed the permit application of a statement of the damages and/or cleanup costs and the amounts remaining to be paid. E. Other requirements: (1) In the case of events which are of more than two hours' duration, the permit applicant shall furnish at his own cost and expense portable toilet facilities sufficient for the size of the user group, where toilet facilities are not already available. (2) Written notification of cancellation of event shall be made no later than 48 hours prior to the event date to the Town Clerk's Office. If cancellation is timely made, a refund of the permit fee shall be issued within 30 days after the cancellation date. §200-9. Variance. The Town Board may, upon application and upon good cause shown, grant variances from the requirements of this chapter including authorization of events that would otherwise be prohibited herein. Good cause shall include, but not be limited to, circumstances where the benefit to the Town for the proposed event or variance outweighs the detriment to the community and applicant that would result from the strict enforcement of the terms of this chapter. In granting such variance, the Town Board may impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the park or trail. Such conditions shall be consistent with the spirit and intent of this chapter and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community. §200-10. Penalties for offenses. A. Any violation of this chapter shall be deemed a "violation" as the same is defined in § 10 of the Penal Law of the State of New York. 200:6 06-01-2004 § 200-10 PARKS AND RECREATION AREAS § 200-11 B. Anyone found guilty of a violation of this chapter may be fined up to $250 for such violation or sentenced to a term of imprisonment not to exceed 15 days. §200-11. Enforcement. A. The Director of Building and Zoning of the Town of Ithaca, and such person's deputies, are hereby designated by the Town Board of the Town of Ithaca as agents for enforcing this chapter. Such agents are authorized to issue and serve appearance tickets for violations of this chapter as provided for by Chapter 9, Appearance Tickets, of the Code of the Town of Ithaca, or any amendment thereof. B. This chapter may also he enforced by any police officer authorized to act within the Town of Ithaca, Tompkins County, New York. 200:7 06-01 -moa Chapter 205 PROPERTY MAINTENANCE § 205-1.Purpose. § 2054.Enforcement. § 205-2.Prohibited acts. § 205-5.Variance procedure. § 205-3.Penalties for offenses. [HISTORY: Adopted by the Town Board of the Town of Ithaca 9-10-1979 by L.L. No. 4-1979.Amendments noted where applicable.] GENERAL REFERENCES Building construction—See Ch.125. Construction and repair of sidewalks—See Ch.230, Unsafe buildings—See Ch.129. Art.IL Numbering of buildings—See Ch.192. Zoning—See Ch.270. §205-1. Purpose. The purpose of this chapter is to promote the general health, safety and welfare of the residents of the Town of Ithaca and to protect the value of real property in the Town of Ithaca and to promote and perpetuate the attractive appearance of neighborhoods in the community, by requiring proper maintenance of real property within the Town of Ithaca.' §205-2. Prohibited acts. A. It shall be a violation of this chapter for any owner, or other occupant or person having control, of real property in the Town of Ithaca to deposit, abandon, maintain, keep or allow the accumulation on his real property, outside of any building, of any junk, trash, rubbish, garbage, refuse, debris, discarded materials, and any other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to the public health, safety and welfare or creates degradation through unsightliness or noisomeness. (1) Examples of such materials are as follows: (a) Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. (b) Putrescible and nonputrescible solid wastes, (except body wastes), such as garbage, rubbish, ashes, street cleanings, dead animals, and solid market and industrial wastes. 1. Editor's Note:The preamble to L.L.No.4-1979 provided as follows:"while this law does give the power to the Town officials to determine whether or not this chapter has been violated,it is expected that,in general,the inspection of the property and the determination as to whether or not the Law has been violated will be made after a written complaint by neighbors,or other persons in the community,who are directly or indirectly affected by the condition of a property.It is expected that people will maintain their properties in a responsible manner and that property owners will respond sensitively and responsibly to the concerns of their neighbors." 205:1 06-01-2004 § 205-2 ITHACA CODE § 205-3 (c) Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as felled or cut trees, limbs, lumber and construction materials not actively and presently being used to construct or repair a building or make any other improvement on the premises, broken glass, discarded bedding, broken crockery and similar materials. (d) Any boat, snowmobile, all-terrain vehicle, or other such device, which is in a state of disrepair or is otherwise dilapidated, broken, or abandoned. [Amended 4-12-1993 by L.L. No. 3-1993] (e) Abandoned, discarded, broken, or inoperable refrigerators, washing machines or other machinery or parts thereof. Any such items stored on any yard or lot for a period of more than 60 days shall be presumed to be abandoned. (f) Any automobile, truck, or other vehicle originally intended for use on the public highways which is unregistered, old, or secondhand and no longer intended or in condition for legal use on the public highways, including such vehicles which are in a state of disrepair or otherwise dilapidated, broken, or abandoned. For the purpose of this subsection a vehicle shall be presumed to be no longer intended or in condition for legal use on the public highways if it does not bear: [Added 4-12-1993 by L.L. No. 3-19931 [1] A current registration from the State of New York or other recognized registering jurisdiction; or [2] An inspection certificate issued within the last 12 months in accordance with the laws of the State of New York or the laws of any other recognized inspecting jurisdiction. (2) Such list of examples is not exclusive and is not in limitation of the prohibition contained in this section. B. Except to the extent that a health, safety or fire hazard is found to exist, or if the storage of such items would constitute a nuisance, it shall not be a violation of this chapter to maintain on real property items of the kind and nature set forth in subsection A above if such items are stored inside a storage structure or if they are stored in such manner that they are not visible to neighboring properties or from a highway; without limiting the foregoing, storage in a front yard as defined in the Town Zoning Ordinance, Law or Regulations'is forbidden. §205-3. Penalties for offenses. A violation of this chapter shall be a violation as defined in § 10.00 of the Penal Law of the State of New York and shall be punishable by a fine not to exceed $250 or a sentence of imprisonment not to exceed 15 days, or both. 2. Editor's Note:See Ch.270,Zoning. 205:2 06-01-2004 § 2054 PROPERTY MAINTENANCE § 205-5 §205-4. Enforcement. A. The Building Inspector or Zoning Officer of the Town of Ithaca is hereby authorized to enforce the provisions of this chapter. B. Upon receiving a complaint or upon any inspection of a property, the Building Inspector or Zoning Officer shall determine whether or not there appears to be a violation of this chapter. Upon determining that this chapter has been violated, the Building Inspector or the Zoning Officer shall give the owner of the real property or other person charged with the maintenance of the property written notice setting forth the nature and existence of the violation, and the provisions of this chapter violated, and directing that the violation be terminated or corrected within 14 days of the date of such notice. Such notice shall be given personally to the owner, lessee, occupant or other person required to maintain the property within the County of Tompkins, or by posting a copy of the notice in a conspicuous place on the real property, or by mailing the same to the address of the real property or that listed by the owner for the receipt of tax bills. C. If the owner of the real property or other person charged with the maintenance of the property fails to terminate or correct the violation in the time provided, the Building Inspector or Zoning Officer may file a written complaint, signed by the complaining party, specifying the conditions, acts or omissions constituting a violation of this chapter, the address of the real property where the violation is taking place, the name and address of the owner, occupant, lessee, tenant and/or other party having control of the real property, with the Town Justice and shall issue and serve on the real property owner an appearance ticket requiring his or her appearance in court. The Building Inspector or Zoning Officer shall also file proof of compliance with Subsection B above. In the alternative, the Building Inspector or Zoning Officer or any complaining or aggrieved party may file a written complaint, signed by the complaining party, with the Town Justice specifying the conditions, acts, or omissions constituting a violation is taking place, the name and address of the real property owner, occupant, lessee, tenant or other party having control of the real property, and facts showing compliance with Subsection B of this section. Upon receipt of such complaint, the Town Justice may issue a written summons directing the property owner or other responsible party to appear in person before him; if such person does not appear, the Town Justice may issue a warrant for the arrest of said person based upon any complaint or information previously filed. §205-5. Variance procedure. [Added 4-12-1993 by L.L. No.3-1993] The Board of Appeals established pursuant to Chapter 270, Zoning, of the Code of the Town of Ithaca may grant variances from the application of this chapter upon the following conditions: A. Any variance shall be prospective in its application and shall not relieve any person from the penalties for violating this chapter by conditions that existed prior to the granting of the variance. B. An application for a variance shall be submitted to the Town Building Inspector or Zoning Officer in a form substantially indicating the name and owner of the real 205:3 06-01-2004 § 205-5 ITHACA CODE § 205-5 property, the nature of the condition for which a variance is sought, and the reasons for which a variance is sought. C. The applicant shall pay a fee as set forth in Chapter 270, Zoning, of the Code of the Town of Ithaca for appeals to the Board of Appeals for variances.' D. The Board of Appeals shall hold a public hearing on the application and shall publish notice of said public hearing at least five days prior to its date. At the option of the Board of Appeals notice of said application shall also be given to all landowners owning property adjoining the property for which a variance is sought. At the option of the Board of Appeals a notice that a variance is sought shall also be posted on the property in accordance with the posting provisions of Chapter 270, Zoning, of the Code of the Town of Ithaca. E. The Board of Appeals may grant a variance if it determines that the benefit to the applicant if the variance is granted outweighs the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination the Board may consider, among other matters: (1) Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the variance; (2) Whether the benefits sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than a variance; (3) Whether the requested variance is substantial; (4) Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (5) Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board of Appeals but shall not necessarily preclude the granting of the variance. F. The Board of Appeals, if it chooses to grant the variance, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. G. The Board of Appeals shall, in the granting of such variance, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property and/or the period of time such variance shall be in effect. Such conditions may include a time limit on the variance including a time variance related to the occupancy of the premises by the applicant. Such conditions shall be consistent with the spirit and intent of this chapter, and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community. 3. Editor's Note:See also Ch.153,Fees. 205:4 06-01-2004 § 205-5 PROPERTY MAINTENANCE § 205-5 H. The variances and the procedure for obtaining same shall, except where explicitly otherwise required by this chapter, be in accordance with the provisions of the Town Law, particularly § 267 et seq., and Chapter 270, Zoning, provisions of the Code of the Town of Ithaca relating to the consideration of area variances. 205:5 06-01-2004 Chapter 210 SEWER RENTS § 210-1. Title. § 210-7. Collection of other costs. § 210-2. Purpose and intent. § 210-8. Correction of errors. § 210-3. Definitions. § 210-9. Sewer Rent Fund. § 210-4. Sewer rents. § 210-10.Applicability. § 210-5. Cooperation by owner of real § 210-11.Severability. property. § 210-12.Superseding and amending of §210-6. Payment and collection; liens prior legislation. for unpaid sewer rents. [HISTORY: Adopted by the Town Board of the Town of Ithaca 2-9-2004 by L.L. No. 3-2004.Amendments noted where applicable.] GENERAL REFERENCES Sewer use—See Chs.214-217. Water rates—See Ch.261. §2101-1. Title. This chapter shall be known and may be cited as the "Town of Ithaca Sewer Rent Law." §210-2. Purpose and intent. A. The Town of Ithaca (the "Town") has established, by duly adopted procedures, a Town-wide sewer improvement area and a Town-wide Town of Ithaca - Ithaca Area Wastewater Treatment Plant Improvement Area as an addition to the Town-wide sewer improvement area. B. The Town, by the ordinances and local laws referred to below in this chapter, has established sewer rents for the purposes permitted by, and in accordance with, General Municipal Law Article 14-F, Town Law §§ 130, 133, 198, and 209-q. C. The Town wishes to clarify and consolidate the various ordinances and local laws into one restated sewer rent law. D. The Town hereby finds and determines that the most equitable manner of collecting funds from the various properties within the Town served by its sewer system (the "Improvement Area") to defray the costs of operating, maintaining, and financing the Town's sewer system and the Ithaca Area Wastewater Treatment Plant is to be based, to the extent reasonably possible, upon the consumption of water on the premises connected with and served by the said Improvement Area. All other costs of expenditures for operating and maintaining the facilities of said Improvement Area shall continue to be computed and assessed upon benefited real property pursuant the process conducted by 210:1 06-01-2004 § 210-2 ITHACA CODE § 210-4 the Town annually for the purpose of making such assessments as the same may be applied and modified from time to time hereafter. §210-3. DerhAtions. For the purposes of this chapter, unless otherwise provided in this chapter, the definitions set forth in § 451 of the General Municipal Law shall be controlling. §2104. Sewer rents. A. Imposition. Pursuant to Subdivision 12-a of § 209-q of the Town Law, Paragraph (1) of Subdivision 1 of § 198 of the Town Law, and Article 14-F of the General Municipal Law, the Town hereby establishes and imposes sewer rents for the use of the sewer system or for any part or parts thereof and establishes and imposes such sewer rents as a minimum charge. B. Computation. (1) Effective January 1, 1987, there is hereby imposed a sewer rent payable by all users connected to the Town-wide sewer system at a rate of$77 per 100 cubic feet of water consumed. Commencing effective January 1, 1990, such sewer rent shall be increased to $85 per 100 cubic feet of water consumed. Commencing effective January 1, 1991, such sewer rent shall be increased to $90 per 100 cubic feet of water consumed. Commencing January 1, 1994, such sewer rent shall be $1.35 per 1,000 gallons of water consumed. Commencing January 1, 1995, such sewer rent shall be $1.95 per 1,000 gallons of water consumed. Commencing January 1, 1996, such sewer rent shall be $2.20 per 1,000 gallons of water consumed. (2) In addition, and notwithstanding the foregoing rate structure, there shall be a minimum base charge for regular quarterly bills sent after January 3, 1994, in the amount of $13.50. Commencing January 1, 1995, the minimum base charge for regular quarterly bills will be $15.60. Commencing January 1, 1996, the minimum base charge for regular quarterly bills will be $17.60. (3) Multiple housing and mobile home parks of over two dwelling units, using a master water meter, will be computed as follows: The quarterly master water meter reading will be divided by the number of dwelling units and the sewer rent charge will be figured on this number as if the unit was individually metered. The sewer rent will then be multiplied by the number of units on the master water meter and this will be the billing rendered and the amount payable. If the calculation of the water consumed per dwelling unit is less than the amount that would be permitted before exceeding the minimum sewer rent set forth above, then the billing will be calculating by multiplying the number of units served by the master water meter times the minimum sewer rent set forth above [e.g., if there were 20 dwelling units on the master meter, and the total water consumption shown by the master meter was 100,000 gallons, the sewer rent payable would be $352.00 (20 units times $17.60) rather than $220.00 (100,000 gallons at $2.20 per 1,000 gallons)]. 210:2 06-01-2004 § 210-4 SEWER RENTS § 210-6 (4) The charges set forth above shall be effective with respect to bills rendered on or after the effective dates set forth above, even if the measurement is for consumption prior to the above effective dates (i.e., any bill rendered after January 1, 1996, shall be calculated at the rate of$2.20 per 1,000 gallons even if the sewer use occurred prior to January 1, 1996.) (5) In the event a property is connected to public sewer, but is not connected to a water meter, and is a not a one- or two-family dwelling, the sewer rate shall be based upon estimated water consumption as reasonably determined by the Town Engineer based upon recognized methods of estimating typical consumption for the type of facility involved (e.g., gallons per day per bedroom). If such property is a one- or two-family dwelling, the sewer rent shall be $37.60. §210-5. Cooperation by owner of real property. The Town Engineer may require each owner and/or occupant of real property within the Town connected to the Town-wide sewer facilities to furnish such information as may be necessary and reasonable in order to carry out the provisions of this chapter. Any duly authorized officer, employee, contractor, or agent of the Town or other person duly authorized by the Town, including employees or other persons associated with the Southern Cayuga Lake Intermunicipal Water Commission, shall be permitted to enter on any property at reasonable hours for the purpose of reading meters, inspecting, disconnecting, repairing or for any other purposes reasonably necessary to carry out the provisions or purposes of this chapter. §210-6. Payment and collection; liens for unpaid sewer rents. A. All rents and charges due hereunder shall be payable quarterly and shall be paid to the Town Clerk of the Town at the Town Offices at 215 North Tioga Street, Ithaca, New York, except for such rents and charges which are due and payable to any other entity to whom billing authority for sewer rents has been given or delegated by the Town. B. The Town Clerk or other person authorized by the Town Board shall keep a record of all properties within the Town which are connected to the Town-wide water system and the Town-wide sewer system, and sewer bills shall be mailed to the owner or any other person to whom a water bill is addressed, billed, or mailed by the Town or other entity performing water billing services for the Town, and at the address appearing on said water bill. If property is connected to the Town-wide sewer system but not to a Town-operated water system, unless the property owner has directed the Town in writing to use a different address, the sewer rent bill shall be sent to the address to which real estate tax bills for the property are sent. The failure of any owner or other user to receive a bill shall not excuse nonpayment thereof, nor shall it operate as a waiver of the penalty herein prescribed. Notwithstanding any other provision in this chapter, all sewer rents, surcharges or other fees or charges relating to sewer service, shall be a charge against the owner of the premises connected with the Town-wide sewer system, and such owner shall be liable for the payment of all such rents and charges, including penalties and interest. 210:3 06-01-2004 § 21076 ITHACA CODE § 210-8 C. In the event any sewer rent is not paid within 30 days of the date of the bill, there shall be added a penalty of 10% for late payment. D. If sewer rents or other charges payable hereunder are not paid within 60 days from the date on which they are due, the Town Supervisor or other person designated by the Town Supervisor may cause a notice to be delivered or mailed to the owner or to any other person designated by the owner addressed to the address to which bills are to be sent, and to the occupant of the premises, addressed at the premises, stating the amount due and demanding payment thereof within a period of at least 10 days of the date of the notice and stating that if such payment is not made, the sewer service shall be discontinued, without further notice, and, at the expiration of such period the Town Supervisor, or any employee or officer of the Town designated by the Town Supervisor, or the Town Board, or any person referred to in § 210-5 above, may enter on said premises and cause the sewer service to be disconnected. E. Sewer rents and any other charges payable hereunder shall constitute a lien on the real property served by the sewer system. The priority of such lien, and the enforcement thereof shall be in accordance with Article 14-F of the General Municipal Law which presently provides that the lien shall be prior and superior to every other lien or claim except the lien of an existing tax, assessment or other lawful charge enforced by or for the state or a political subdivision or district thereof. F. The Town may bring an action a) as upon contract, for sewer rents, surcharges thereto, and all other charges incurred by the owner of property in connection with sewer service, which are in arrears, together with interest and penalties thereon, or b) to foreclose liens for such sewer rents and surcharges. Also, in the alternative, the Town Board may cause any unpaid sewer rents, surcharges, or other charges to be levied and collected in the same manner and in the same time as the Town and county tax in accordance with the provisions of Article 14-F (Subdivision 4 of § 452) of the General Municipal Law, or any amendment thereof. §210-7. Collection of other costs. Any costs and expenses or other charges other than those hereinbefore described, incurred by the Town because of any repair or other work to the sewer system or otherwise for which the owner of any property served by or connected with the sewer system is obligated under this chapter or any other local law, ordinance, statute or provision of law, shall be collected in the manner provided for the collection of sewer rents in this chapter, and shall be a lien upon the property and enforceable in accordance with the provisions of this chapter, or any other applicable provision of law. §210-8. Correction of errors. If any owner of real property on which a sewer rent has been imposed deems himself or herself aggrieved because such real property is not served by the sewer system or an error has been made in computing such sewer rent, he or she may file an application for a refund of all or part of such sewer rent. Such application shall be verified by the owner and shall set forth the amount of refund sought and the grounds therefor. Such application shall be presented to 210:4 06-01-2004 § 210-8 SEWER RENTS § 210-12 the Town Board of the Town, which may refund all or part of such sewer rent. Any such application shall be filed within 60 days of the time the applicant learns of the claimed error, and in any event within four months of the date of the bill claimed to be in error. The Town Board may, for good cause shown, extend the time for the filing of such application if circumstances show the charges are patently unfair and that the applicant had a reasonable basis for not timely filing the application for correction of the error. §210-9. Sewer Rent Fund. Any revenues derived by the Town of Ithaca from the sewer rents, including penalties and interest, shall be deposited in a special fund to be known as the "Sewer Rent Fund." Monies in such fund shall be used for the payment of the necessary management, maintenance, operation, repair and financing of any sewer improvement or service provided by the Town or the Town-wide sewer improvement area, including any payment required to be made by the Town to any contracting municipality for such purposes, including interest and penalties. Except as otherwise stated in this chapter, at any time, any surcharges on said sewer rents shall be used for the costs of sewer operations as above defined and shall be specifically designated for such purpose in the Sewer Rent Fund. Moneys in the fund shall be used to pay the Town's share of the operating and maintenance costs and capital costs, to the extent authorized by law and the Town Board, related to collection, transmission and treatment of sewage and for any other purpose authorized by General Municipal Law § 453 as the same may be amended from time to time. §210-10. Applicability. This chapter shall apply to all properties in the Town outside the Village of Cayuga Heights that are connected to any sewer system operated by the Town, including the Town-wide sewer system. §210-11. Severability. If any part or provision of this chapter or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this chapter or the application thereof to other persons or circumstances. § 210-12. Superseding and amending of prior legislation. A. Town of Ithaca Sewer Rent Ordinances adopted by the Town Board on August 11, 1969, and July 10, 1972, and Local Law Number 6 of the year 1986 entitled "A LOCAL LAW TO ESTABLISH SEWER RENTS IN THE TOWN OF ITHACA SEWER IMPROVEMENT AREA" adopted to be effective January 1, 1987, as amended by Local Law Number 7 of the year 1989, by Local Law Number 12 of the year 1990, by Local Law Number 11 of the year 1993, by Local Law Number 7 of the year 1994, by Local 210:5 06-01-2004 § 210-12 ITHACA CODE § 210-12 Law Number 12 of the year 1995, by Local Law Number 4 of the year 1997, and by any other ordinances or local laws amending any of the foregoing, are all hereby amended and restated to read as set forth in this chapter effective upon the effective date of this chapter. To the extent the provisions of said earlier ordinances and local laws conflict with the chapter as set forth herein, this chapter shall govern. B. Notwithstanding the foregoing, the sewer rents in effect prior to the effective date of this amended and restated Town of Ithaca Sewer Rent Law shall continue in effect for the purposes of determining any amounts due for sewer rents during the periods referred to in said prior local laws and ordinances. 210:6 06-01-2M Chapter 214 SEWER USE: USE OF PUBLIC SEWERS ARTICLE I § 214-18.Connection specifications. Terminology § 214-19.Elevation. § 214-1. Definitions. § 214-20.Prohibited connections. § 214-21.Supervision and inspection of ARTICLE II connection. Use of Public Sewers Required § 214-22.Guarding of excavations. § 214-2. Unlawful deposits. ARTICLE V § 214-3. Unlawful discharges. Regulation of Discharges § 214-4. Septic tanks prohibited. § 214-23.General prohibition. § 214-5. Connection required. § 214-24.Stormwater. § 214-6. Exemptions. § 214-25.Prohibited discharges. § 214-7. Building permit required. § 214-26.Options for unacceptable ARTICLE III discharges. Private Sewage Disposal § 214-27.Grease,oil and sand interceptors. § 214-8. Conditions. § 214-28.Measurements,tests and § 214-9. Application for connection. analyses. § 214-10.Connection to public sewer § 214-29.Special agreements or required upon availability. arrangements. § 214-11.Responsibilities of owner. § 214-30.Adoption of standards by reference. ARTICLE IV Building Sewers and Connections ARTICLE VI Tampering With Sewage Works § 214-12.Permit required for opening or § 214-31.Prohibited acts. connection. § 214-13.Building sewer permits. ARTICLE VII § 214-14.Costs and expenses to be borne Inspections and Monitoring by owner. § 214-15.Separate building sewer § 214-32.Right of entry. required. § 214-16.Use of old building sewers. § 214-17.Construction requirements. 214:1 06-01-2004 § 214-1 ITHACA CODE § 214-1 ARTICLE VIII § 214-34.Penalties for offenses. Violations § 214-35.Liability for expenses, loss or § 214-33.Written notice of violation. damage. [HISTORY: Adopted by the Town Board of the Town of Ithaca 7-9-1984 as Part 1 of L.L. No. 1-1984 (Parts 2, 3 and 4 are codified as Chs. 215, 216 and 217). Amendments noted where applicable.] GENERAL REFERENCES Sewer rents—See Ch.210. Subdivision of land—See Ch.234. Sewer use—See Chs.214-217. Water protection—See Ch.256. Preamble WHEREAS,the Federal Government has enacted and which will be owned operated and finance jointly by said amended the Federal Water Pollution Control Act,now municipality,and (mown as the Federal Clean Water Act(33 U.S.C.§1150 WHEREAS,the Municipality desires to provide that use et seq.),and the Environmental Protection Agency of the of the above-descn%ed public wastewater system will United States of America,and the Department of conform to the best required sanitary engineering Environmental Conservation of the State of New York practices,and are directing and supervising the implementation of Whereas,the Municipality desires to regulate the use of applicable federal and state laws and regulations,and the public wastewater system operated by it; WHEREAS,the City of Ithaca and the Town of Ithaca, NOW,THEREFORE,the Municipal Board enacts this and the Town of Dryden have entered into an agreement local law to be known as"The Intermunicipal Sewer Use for the construction and improvement of the public Law." wastewater system as a joint municipal project and ARTICLE I Terminology §214-1. Definitions. Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows: BUILDING DRAIN — Shall mean that part of the lowest horizontal piping of a sanitary drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer. BUILDING SEWER — Also referred to herein as house sewer or sewer connection, shall mean the extension from the building drain to the public sewer or other place of disposal. CONTAMINATION — Shall mean an impairment of the quality of the waters of the State by waste to a degree which creates a hazard to the public health through poisoning or through the spread of disease. CONTRACTING MUNICIPALITY — Shall mean a municipality, such as the Village of Cayuga Heights, or other municipality, with whom the municipality has entered or may enter 214:2 06-01 -2004 § 214-1 SEWER USE: USE OF PUBLIC SEWERS § 214-1 into an agreement whereby the said municipality agrees to receive and treat sewage discharge and waste through its municipal sewage works. GARBAGE — Shall mean solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage and sale of produce. INDUSTRIAL WASTES — Shall mean the liquid or wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage. MUNICIPAL BOARD— Shall mean the Town Board of the Town of Ithaca. ' NATURAL OUTLET— Shall mean any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater. PERSON — Shall mean any individual, firm, company, association, society, corporation, or group. pH — Shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. POLLUTION — Shall mean the man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water. PRETREATMENT — Shall mean the reduction of the amount of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical, or biological processes, process changes, or by other means, except as prohibited by 40 CRF 403.6 General Pretreatment Regulation for Existing and New Sources of Pollution.. PROPERLY SHREDDED GARBAGE — Shall mean the wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch (1.27 centimeters) in any dimension. PUBLICLY OWNED TREATMENT WORKS (POTW) — Is a treatment works as defined by Section 212 of the Federal Clean Water Act (33 U.S.C. § 1292). This includes any sewers that convey wastewater to the POTW but does not include pipes, sewers, or other conveyances not connected to a facility providing treatment. PUBLIC SEWER — Shall mean a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority. SANITARY SEWER — Shall mean a sewer which carries sewage and to which storm, surface, and groundwaters are not intentionally admitted. SEWAGE— Shall mean a combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and stormwaters as may be present. 1. Editor's Note:Added at time of adoption of Code(see Ch.1,General Provisions,Art.I). 214:3 06-01-2004 § 214-1 ITHACA CODE § 214-4 SEWAGE WORKS — Shall mean all facilities for collecting, pumping, treating, and disposing of sewage. SEWER— Shall mean a pipe or conduit for carrying sewage. SEWER INSPECTOR or SEWER SUPERINTENDENT— Shall mean any person appointed by the Municipal Board who shall be the Board's authorized agent and representative in the administration and enforcement of this chapter and shall exercise those powers delegated to him in this chapter or which may be reasonably required to carry out such powers. Until such time as a Sewer Inspector or Sewer Superintendent is appointed, any such powers shall be exercised by such person or persons as the Municipal Board may designate. SIGNIFICANT INDUSTRIAL USER— Shall mean a user which consists of: A. All industries subject to categorical pretreatment standards; B. Industries having substantial impact, either singly or in combination with other industries, on the operation of the treatment works; C. Manufacturing industries using priority pollutants; and D. Those industries discharging more than 25,000 gallons per day of process waste. ARTICLE 11 Use of Public Sewers Required §214-2. Unlawful deposits. It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the municipality, or in any area under the jurisdiction of said municipality, or any human or animal excrement, garbage, or other objectionable waste. §214-3. Unlawful discharges. It shall be unlawful to discharge to any natural outlet within the municipality or in any area under the jurisdiction of said municipality, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter. §214-4. Septic tanks prohibited. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank cesspool, or other facility intended or used for the disposal of sewage. 214:4 06-01-2004 § 214-5 SEWER USE: USE OF PUBLIC SEWERS § 214-6 §214-5. Connection required. A. Except as otherwise provided in this article, the owner of any house, building, or any property used for human occupancy, employment, recreation, commerce, manufacturing, or other purpose, situated within the municipality and abutting on any street, thoroughfare, or right-of-way in which there is located a municipal public sewer or if such municipal public sewer is otherwise available or accessible to such house, building, or property, is hereby required at his expense to connect with the municipal public sewer and, also, at his expense, to install plumbing and toilet facilities therein and to connect such facilities directly with the public sewer in accordance with the provisions of this chapter, and even if sewage collection and disposal facilities are provided by any other public agency in such area. B. Except as otherwise provided herein, such connection must be made within 45 days after date of official notice to do so, except that any new building or construction completed after the date on which such public sewer became available for connection shall be connected to such public sewer prior to occupancy or use of such building. C. Notwithstanding the foregoing provisions of this section, no house or building which was connected to a private sewage disposal system when a public sewer became available in or through any sewer district heretofore established, shall be required to connect with any such public sewer until the expiration of 10 years after such public sewer became available for connection, unless: (1) Such connection is required by the Tompkins County Health Department or other public body or agency having similar jurisdiction, or (2) Such private sewage disposal facilities are not functioning satisfactory or require substantial alterations or additions thereto. (3) In either of the foregoing cases, a written notice shall be served upon the owner or occupant of any such building by the Tompkins County Health Department, the Municipal Board, or its duly authorized agent which shall set forth the reasons requiring connection to the public sewer and such connection must be made by any such owner or occupant within 30 days after the date of any such notice. D. The provisions of Subsection C of this section shall apply to any such house or building located in any sewer district hereinafter established except as modified by and subject to such rules, regulations, or resolutions which may be adopted by the Municipal Board. §214-6. Exemptions. Where there are unusual and extreme practical difficulties in requiring a house or building to be connected with a public sewer as required in this article, the Municipal Board may exempt an owner of such house or building from the requirement of connecting with public sewer under such terms and conditions as it may require and until such time as such exemption is canceled by the Municipal Board, provided that: 214:5 06-01-2004 § 214-6 ITHACA CODE § 214-11 A. The owner of any such property shall have filed a written appeal to the Municipal Board setting forth the circumstances, the practical difficulties encountered, and such other pertinent information as the Board may require, and B. The Tompkins County Health Department has consented to such exemption. §214-7. Building permit required. No house or building shall be connected to the public sewer unless a valid building permit has been issued for the construction, repair, or alteration of said house or building. ARTICLE III Private Sewage Disposal §214-8. Conditions. The building sewer shall be connected to a private sewage disposal system complying with the provisions of this article whenever: A. A public sewer is not available; or B. Permission to connect to private sewage disposal facilities has been granted under the provisions of Article H. §214-9. Application for connection. Application for connection to such private sewage disposal facilities shall be made to the Tompkins County Health Department and any such facility shall be constructed and maintained in accordance with the requirements of said Department. §214-10. Connection to public sewer required upon availability. 2 At such time as a public sewer becomes available to a property served by a private sewage disposal system, a direct connection shall be made to the public sewer in compliance with this chapter within 45 days unless this requirement is modified under the circumstances provided for in §§ 214-5 and 214-6 of Article U. §214-11. Responsibilities of owner. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the municipality. 2. Editor's Note:Amended at time of adoption of Code(see Ch.1,General Provisions,Art.I). 214:6 06-01-2004 § 214-12 SEWER USE: USE OF PUBLIC SEWERS § 214-15 ARTICLE IV Building Sewers and Connections §214-12. Permit required for opening or connection. No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Sewer Inspector or other authorized person. §214-13. Building sewer permits. There shall be two classes of building sewer permits: a) for residential and commercial service, and b) for service to establishments producing industrial wastes. In either case, the owner or his agent shall make application on a special form furnished by the municipality. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Sewer Inspector. At the time the application is filed, a permit and inspection fee shall be charged in such amount as the Municipal Board may from time to time establish for such purpose. Such permit shall be kept at the site of the work and be available for inspection by any officer or agent of the municipality. Any applicant for a permit shall be required to furnish a sufficient insurance policy or bond protecting the municipality against any liability for injuries to persons or property or to indemnify the municipality against any loss or damage which it may sustain. A. Notwithstanding anything hereinbefore contained, the issuance of the permit shall be subject to such further requirements as may be required by any contracting municipality. The Municipal Board may designate such contracting municipality as its agent for the purpose of issuing permits. B. The Municipal Board or its duly designated agent may revoke such permit upon written notification to the person to whom it was granted if the work is not being done in compliance with the requirements of this chapter and any applicable rules and regulations, or is not being performed in a competent manner, or is not being completed within a reasonable time after the commencement thereof, or is endangering or may reasonably endanger persons or property, or upon such other ground as the Municipal Board or its duly designated agent may deem to be justifiable. §214-14. Costs and expenses to be borne by owner. All costs and expenses incident to the installation and connection of the building sewer and the repair, maintenance, and replacement thereof shall be borne by the owner. The owner shall indemnify the municipality from any loss or damage that may directly or indirectly be occasioned by any such installation, connection, repair, maintenance, and replacement and any work done in connection therewith. § 214-15. Separate building sewer required. A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available 214:7 06-01-2004 § 214-15 ITHACA CODE § 214-19 or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer. §214-16. Use of old building sewers. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Sewer Inspector or other authorized person, to meet all requirements of this chapter. §214-17. Construction requirements. The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe and the connection thereof to the public sewer, jointing, testing, and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules or regulations of: A. The municipality; and B. Those contained in Chapter 245 of the Municipal Code of the City of Ithaca, New York, or other applicable laws, rules, and regulations of said City, as the same may be from time to time amended as they apply to sewer services; and C. In addition, when the contracting municipality is the Village of Cayuga Heights or any other contracting municipality, any additional requirements contained in any duly adopted ordinance or law of said municipality. §214-18. Connection specifications. The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules or regulations of the municipality or the procedures set forth in the appropriate specifications of the ASTM and WPCF Manual of Practice No. 9. All such connections shall be watertight and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the Sewer Superintendent before installation. §214-19. Elevation. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer. 214:8 06-01-2004 § 214-20 SEWER USE: USE OF PUBLIC SEWERS § 214-25 § 214-20. Prohibited connections. No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer. §214-21. Supervision and inspection of connection. The applicant for the building sewer permit shall notify the Sewer Inspector, or other authorized person and, in the case of a contracting municipality, the authorized person of said municipality, when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of said authorized person. §214-22. Guarding of excavations. All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the municipality and to any other municipality having jurisdiction and control of said highway. ARTICLE V Regulation of Discharges §214-23. General prohibition. No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer. § 214-24. Stormwater. Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the Sewer Inspector or other person authorized by the Municipal Board. Industrial cooling water or unpolluted process waters may be discharged, on approval of the Sewer Inspector or other authorized person, to a storm sewer, combined sewer, or natural outlet. §214-25. Prohibited discharges. No person shall discharge or cause to be discharged into any public sewer or sanitary sewer any waters, wastes, or any materials, which are prohibited by the laws, ordinances, or other applicable rules and regulations of any contracting municipality and, in addition thereto, and without limiting the generality of the foregoing, any of the following: A. Any storm or surface water, drainage, or flow from roofs, cellars, cistern tank, springs, wells, or swimming pools, or, except as may be permitted by the contracting municipality 214:9 06-01-2004 § 214725 I THACA CODE § 214-26 and the Municipal Board, any discharge from a vehicles wash rack (unless preceded by a grease, oil, and sand interceptor approved by the Sewer Inspector), or wash motor or from any air-conditioning machine or refrigerator unit. B. Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas. C. Any waters or wastes containing toxic or poisonous solids, liquids, or gasses in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides, radioactive materials, or isotopes, or other substances, the discharge of which are either prohibited entirely or beyond certain limits as provided in and by the ordinances, laws, rules, and regulation of any contracting municipality receiving such waters and wastes for treatment or by any rules, regulations, or laws of the Municipal Board or by any applicable federal or state laws, rules, or regulations. D. Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of the contracting municipalities or other agencies having jurisdiction over discharge to the receiving waters. §214-26. Options for unacceptable discharges. If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which contain the substances and possess the characteristics described in other provisions of this article or which may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Sewer Inspector or other authorized person may: A. Reject the wastes and sever the connection and cause the removal of any sewer, sewer pipe, or drain through which such substances are discharged; B. Require pretreatment to an acceptable condition for discharge to the public sewers; C. Require control over the quantities and rates of discharge; and/or D. Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of this chapter or any other law, ordinance, rule, or regulation of the municipality or contracting municipality. E. No action shall be taken under Subsection A of this section unless the municipality shall give the owner or occupant of the premises at least 48 hours' notice in writing stating the action to be taken and the grounds therefor, except that such notice shall not be required if immediate action is necessary to prevent injury to the public sewer system or any part thereof in the reasonable discretion of the municipality or any authorized officer or employee of the municipality or contracting municipality. 214:10 06-01-2004 § 214-27 SEWER USE: USE OF PUBLIC SEWERS § 214-31 §214-27. Grease, oil and sand interceptors. Grease, oil, and sand interceptors shall be provided when, in the opinion of the Municipal Board, its duly authorized representative or the contracting municipality, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients. §214-28. Measurements,tests and analyses. All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and property. §214-29. Special agreements or arrangements. No statement contained in this article shall be construed as preventing any special agreement or arrangement between the municipality and any industrial concern whereby an industrial waste of unusual strength or character may be accepted for treatment subject to payment thereof or by the industrial concern and provided that all requirements and conditions of any contracting municipality are met. §214-30. Adoption of standards by reference. All provisions of WPCF Manual of Practice No. 3, Regulation of Sewer Use, 1975, Article V, Use of Public Sewers, and updates thereof shall be considered a part of this chapter. ARTICLE VI Tampering With Sewage Works §214-31. Prohibited acts. No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the sewage works. Any person violating this provision shall be subject to arrest under charge of disorderly conduct. 214:11 06-01-2M § 214-32 ITHACA CODE § 214-35 ARTICLE VII Inspections and Monitoring §214-32. Right of entry. The Sewer Inspector and other duly authorized employees or representatives of the municipality, and of any contracting municipality, bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of the law, all the foregoing not to be carried out beyond a point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment. The foregoing shall also apply for the purposes of but not limited to inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within any duly negotiated easements between the municipality and any private property owner. NYSDEC and USEPA officials shall have the same powers and authority of inspection enjoyed by the Sewer Inspector or other duly authorized employees or representatives of the municipality as pertains to commercial or industrial discharges to the system. ARTICLE VIII Violations §214-33. Written notice of violation. Any person found to be violating any provision of this chapter except Article VI shall be served by the municipality with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. §214-34. Penalties for offenses. Any person who shall continue any violation beyond the time limit provided for in Article VIII, § 214-33, shall be guilty of a misdemeanor, and on conviction thereof shall be fined in the amount not exceeding $500 for each violation. Each day in which any such violation shall continue shall be deemed a separate offense. §214-35. Liability for expenses, loss or damage. Any person violating any of the provisions of this chapter shall become liable to the municipality for any expense, loss, or damage occasioned the municipality by reason of such violation. 214:12 06-01-2004 Chapter 215 SEWER USE: RULES, REGS. & PENALTIES OF BOARD OF PUBLIC WORKS, CITY OF ITHACA, NY, RE: WATER SUPPLY, SEWAGE DISPOSAL & AIR CONDITIONING ARTICLE I § 215-18.Installation and maintenance of General water service pipes. § 215-19.Spec rules for installation § 215-1. Rules part of contract. and maintenance of service § 215-2. Applications for water and pipes,tapping mains, sewer; responsibility for service connections,etc. and consumption charges. § 215-20.Replacing service pipes. § 215-3. Independent service pipes. § 215-21.Standpipes and automatic § 215-4. Application of revenues. sprinklers. § 215-5. Service and consumption rates § 215-22.Protection from freezing. and payments; special fees and § 215-23.Meters. charges; hydrant services. § 215-24.Vacant premises. § 215-6. Changing rules and rates. § 215-25.Hydrants. § 215-7. Rates for service outside City limits. waste 215-26.Fraud; misrepresentation; waste and abuses; violations. § 215-8. Owner of property liable for § 215-27.Deficient water supply. charges. § 215-9. Plumbing in eidsting building. § 215-28.Water for building construction. §215-10.Fees for service and equipment rental. ARTICLE III § 215-11.Inspector. Sewers § 215-12.Inspection and approval; recording. § 215-29.Installation of sewer mains. § 215-13.Easement through private § 215-30.Installation and maintenance of property. sanitary sewer services. § 215-14.Licenses and permits. § 215-31.Installation and maintenance of service pipes. ARTICLE II § 215-32."Y" openings; location. Water § 215-33.Improper use of sewers. § 215-15.Installations of water mains. § 215-34.Sewer pipe deadends. § 215-16.Cross connections prohibited. § 215-35.Manholes. § 215-17.Owner or tenant prohibited § 215-36.Private sewer lines. from supplying others. § 215-37.Disconnection of service. 215:1 06-01-2004 § 215-1 ITHACA CODE § 215-2 § 215-38.Sewer layer's license. § 215-49.Effective date. § 215-39.Excavations. § 215-50.Penalties for offenses. § 215-51.Repealer. ARTICLE IV § 215-52.Severability. Rules Governing Installation and Operation of Air-Conditioning and § 215-53.Changing rules and regulations. Refrigeration Equipment ARTICLE V § 215-40.Defmitions. Specifications for the Construction of § 21541.Permit required. Water and Sewer Mains Connecting to the Water and Sewer Systems of the City § 215-42.Application for permit. of Ithaca,New York § 21543.Fee for permit. § 21544.Permit to install. § 215-54.Specifications. § 215-45.Permit to operate. Standard Manhole Frame and § 215-46.Water use and conservation. Cover § 215-47.Sanitary protection. Detail of Typical Manholes § 215-48.Revocation of permit. Typical Installations [HISTORY: Adopted by the Town Board of the Town of Ithaca 7-9-1984 as Part 2 of L.L. No. 1-1984 (Parts 1, 3 and 4 are codified as Chs. 214, 216 and 217). Amendments noted where applicable.] GENERAL REFERENCES Sewer rents—See Ch.210. Subdivision of land—See Ch.234. Sewer use—See Chs.214-217. Water protection—See Ch.256. ARTICLE I General §215-1. Rules part of contract. The following rules shall be considered as part of the contract between the City of Ithaca and every person who takes water supplied by the City of Ithaca and/or whose premises is connected to or ultimately discharges to the City Sanitary Sewer System and every person using these utilities shall be bound thereby, and whenever anyone of the said rules is violated, the right is reserved to cut off the water and/or sewer service with due notice. §215-2. Applications for water and sewer; responsibility for service and consumption charges. All applications for the introduction or supply of water and/or sewer into any premises, or for the extension of any pipe for the conveyance of water or sewage must be made in writing by the owner of the premises, or his duly authorized agent, on forms provided for that purpose at 215:2 06-01-2004 SEWER USE: RULES, REGS. & PENALTIES OF BOARD OF § 215-2 PUBLIC WORKS, CITY OF ITHACA, NY, RE: WATER § 215-6 SUPPLY, SEWAGE DISPOSAL & AIR CONDITIONING the office of the City Chamberlain. Separate buildings requiring separate meters will also require separate services even if they are on the same premises. If more than one service is desired for the same premises a separate application shall be made for each service. The owner of such premises shall be held responsible and liable for all charges for such service and water consumption and sewer rental charges to said premises to be collected, in case of default of payment, in the manner provided by the rules and regulation or the provision of the City Charter relating thereto. However, when water and/or sewer service is desired for premises in areas outside the City limits where contracts are made with the City to supply the areas with water and sewer disposal, all applications must be approved by the Board of Public Works or designated representative before application may be accepted at the office of the City Chamberlain. §215-3. Independent service pipes. Each building or other premises shall be provided with a separate and independent water and sewer service from the main, provided however that a group of buildings under the same tenant occupancy, use and exclusive control may be served by a single principal water and sewer service upon permission and terms granted by the Board. Where two or more branch water service lines from the main service pipe are used for separate tenants in the same premises, each branch shall be provided by the owner with proper fittings for separate and independent meter installations in the respective branches and each such branch shall be provided with a compression stop and waste cock ahead of the meter. §215-4. Application of revenues. All revenues derived from water and sewer service and operation of the system shall be applied towards the payment of the cost of operation and maintenance of plant and equipment, extensions and improvements, the payment of the principal and interest, obligations on the outstanding water and sewer bonds and the creation of a reserve for extraordinary replacements,extension and improvements of the water supply and sewer systems. §215-5. Service and consumption rates and payments; special fees and charges; hydrant services. A. The Board shall from time to time determine and fix the rates for water service connection and consumption, sewer rental fees, special fees and charges for hydrant service and shall establish such zones and periods of payment as may be desirable. B. All such rates and terms of payment shall constitute a part of the rules and regulations of the Board relating to water service as though fully set forth herein and shall be on file in the office of the City Chamberlain. §215-6. Changing rules and rates. The Board reserves the right to change by resolution from time to time, the rules and regulations relating to the water supply and sewer system and the rates for the use of water and sewer. 215:3 06-01-2M § 215-7 ITHACA CODE § 215-12 §215-7. Rates for service outside City limits. The Board shall determine and fix rates for water and sewer service and consumption outside the City limits and for service taps, repairs, etc., and for hydrant service for fire protection which shall be included in the established schedule of rates on file in the office of the City Chamberlain and the collection of any charges for such service shall be as provided in § 215-8. §215-8. Owner of property liable for charges. A. All water rents, sewer rental fees, accounts or other charges relating to water and sewer service, shall be a charge against the owner or agent of the premises connected with the City water and/or sewer mains and such owner or agent shall be held responsible for all such accounts and charges. B. In default of payment of any such charges within 60 days after becoming due, the water and/or service may be cut off such premises without further notice. Any service and consumption charge shall be a lien upon the premises served and shall be collectible as provided by Section 128 of the City Charter. § 215-9. Plumbing in existing building. Any building that is to be served by the City water and/or sewer systems must have its plumbing checked by the City Plumbing Inspector and the plumbing brought up to comply with the City Plumbing Code in a manner suitable to the City Plumbing Inspector. §215-10. Fees for service and equipment rental. A. For all work done by City forces at a property owner's expense, see list of current prices and fees posted at the Water Building, 510 First Street. B. In no case will any equipment be rented without an operator. §215-11. Inspector. Inspector, hereinafter named, is a person duly authorized by the Board of Public Works. § 215-12. Inspection and approval; recording. A. All materials and work shall be subject to the approval of the Inspector. No work shall be covered until such inspection and approval shall have been made. B. All inspections shall be promptly recorded by the Inspector in the Water and Sewer permit book and he shall furnish the City Engineer with a correct plan of such sewer line installed and he in turn shall record such plans on the sewer maps. 215:4 06-01-2004 SEWER USE: RULES, REGS. & PENALTIES OF BOARD OF § 215-12 PUBLIC WORKS, CITY OF ITHACA, NY, RE: WATER § 215-16 SUPPLY, SEWAGE DISPOSAL& AIR CONDITIONING C. The Inspector shall have the right to enter any place which is connected with the public sewer system for the purposes of inspection and to ascertain that such connection is properly installed and that no improper material is discharged into the sewer. D. The Inspector must at all reasonable hours have free access to all parts of the premises to which water is delivered for the purpose of inspection, examination of fixtures, etc., and all persons using water must at all times, frankly and without concealment, answer all questions put to them relating to its consumption. §215-13. Easement through private property. In case the proposed water line, drain or sewer passes through premises other than those making connection with the water and/or sewer, no connection will be made until a deed of easement, satisfactory to the Board of Public Works, shall have been secured and filed in the office of the City Clerk. §215-14. Licenses and permits. A. Any plumber licensed to do business in the City of Ithaca or any other certified by the Examining Board of Plumbers, or any homeowner working on his own single family residence, wishing to engage in the repair of service pipes, or lay new services connected to the City water or sewer system, must obtain a Water and/or Sewer Permit from the Water and Sewer Division, at the Water Building, 510 First Street, prior to each job. No charge will be made for this permit. B. A violation of the following rules relating to service installation, etc., by any licensed person, or his agent or employee, shall constitute sufficient grounds for cancellation or withdrawal of such person's license. ARTICLE H Water §215-15. Installations of water mains. Except where water mains cross bridges, and except when variations are specifically approved by the Board, all water mains connecting with the City Water System must be cast iron hub and spigot pipe meeting the specifications of the American Water Works Association, and installed with leaded joints. All proposed plans and specifications for water mains must be approved by the Board of Public Works and installed under the supervision and inspection of the Water and Sewer Division of the Department of Public Works. § 215-16. Cross connections prohibited. A. No person, firm or corporation shall install or permit to he installed any cross connection whether permanent or temporary between the City Water System and any other source or supply of water. 215:5 06-01-2004 § 215-16 ITHACA CODE § 215-18 B. Upon discovery of violation of this rule by any person, firm or corporation, the City water service to such person, firm or corporation shall forthwith be disconnected and remain disconnected until this rule is complied with. §215-17. Owner or tenant prohibited from supplying others. No owner or tenant of any premises supplied with water from the City mains shall be permitted to furnish water to other consumers, and no multiple consumer service shall be permitted in the same premises except as provided in § 215-3. §215-18. Installation and maintenance of water service pipes. A. The installation of all service pipes between the water main and curb box shall be at the expense of the owner of the premises served; except that when a service pipe of Type K soft copper or other such material as may hereafter be approved as permanent, shall have been installed at the expense of the owner, such installation between main and curb box, shall be considered to be a part of the City Water System and shall be so maintained. B. In the event, however, that larger or different service is requested by the owner, or required by reason of the use of the property served, such larger or different service shall be installed at the expense of the owner. C. All installations of service pipes between the main and curb box in the City shall be made only by the Water and Sewer Division of the Department of Public Works. D. All abandoned service pipes shall be shut off at the main at the expense of the owner. E. All installations between the curb box and the meter must be made by a duly licensed plumber, or by a homeowner working on his own single-family residence. F. Whenever leaks occur in the service pipes at any point between the main and the meter, they must be repaired immediately by the owner or agent of the premises in accordance with the previous subsections of this section. If repairs are not made within 15 days after notice of such leaks the Board may shut off the water until such repairs are made. G. The Board reserves the right to repair any leaking service pipe without notice and charge the expense thereof against the owner of the premises to be collected in the manner provided by the rules and regulations or the provisions of the City Charter relating thereto. H. All lateral or service pipes for public or private use and all necessary fixtures connected therewith shall be subject to the approval, and laid under the supervision of the Water and Sewer Division. Said pipes,etc., should be laid not less than four feet deep and must be kept in good repair and protected from the frost by and at the expense of the owner of the premises, as outlined previously in this section. I. All tapping of the street mains will be made by the Water and Sewer Division for which the applicant must pay the City at the time of making application such fees therefor as shall be determined from time to time by the Board. In all cases an approved stopcock 215:6 06-01-2004 SEWER USE: RULES, REGS. & PENALTIES OF BOARD OF § 215-18 PUBLIC WORKS, CITY OF ITHACA, NY, RE: WATER § 215-19 SUPPLY, SEWAGE DISPOSAL & AIR CONDITIONING with well and cover shall be put in at the curb or outer edge of the walk and such curb box shall be set and kept visible and flush with the grade and put as near as practicable to the curb, at the property owner's expense. §215-19. Specific rules for installation and maintenance of service pipes, tapping mains, connections, etc. A. Tapping mains. All tapping of the City water mains will be done by the Water and Sewer Division and no other person will be allowed to make such taps. The tapping will be done at the expense of the applicant and the fee therefor fixed by the Board shall be paid in advance. B. Notice. In locations where the City forces do not dig the street or road for services, notice must be left at the office of the Water and Sewer Division on the day previous to the one on which the tapping will be required, stating the hour when the street will be open at the main and ready for tapping, giving the street number of the location and the name of the person owning or occupying the premises. In case the trench is not ready for tapping the main at the time specified, an extra charge will be made for overtime or lost time as provided in the rates and fees fixed by the Board. C. Depth of pipe. The service pipe must be laid not less than four feet below the surface of the street and in such manner as to prevent rupture by settling, and must be provided with a stopcock at the curbline in all cases, protected by an iron box leading from the same to the surface, with an iron cover with the word "water" marked thereon and so exposed as to be readily found; the whole to be subject to the approval of the Water and Sewer Division. D. Service materials and sizes. All water service sizes shall be determined by consultation with the Water and Sewer Division and shall be governed by their recommendation. (1) A minimum of 3/4 inch diameter for house service will be used. (2) For services of 3/4 inch to one inch diameter, Type K soft copper water tubing is required. (3) For services of 1 1/4 inches to two inches diameter, Type K soft copper tubing or cold drawn, semi-annealed seamless red brass pipe or two inch cement-lined, mechanical joint, cast iron pipe, meeting AWWA specifications may be used. (4) For services of over two inch diameter, minimum of four inch diameter cast iron hub and spigot water pipe meeting American Water Works Association specifications shall be used and shall join the main with a tapping sleeve and valve to be installed by the Water and Sewer Division at the expense of the property owner. E. Joints and fittings. Where Type K soft copper water tubing is used, heavy brass fittings as approved by the American Water Works Association shall be used. (1) Where cold drawn semi-annealed seamless red brass pipe is used, extra heavy red brass fittings having standard iron pipe threading shall be used. 215:7 06-01-2004 § 215-19 ITHACA CODE § 215-21 (2) Where cast iron pipe four inches or larger is used, all fittings must be hub and spigot and shall meet specifications of the American Water Works Association. (3) Except in cases of emergency and to be consistent with the normal length of pipe sections, no joints will be allowed under the street pavement area between the corporation stop connection and the curb stop connection. All services two inches and under shall be connected to the main with a corporation stop tapped directly into the main, or tapped through a tapping saddle. (4) All curb shutoffs on copper and brass services will be of the inverted, ground key, round-way type. Curb shutoffs on cast iron services will be AWWA approved gate valves. (5) Curb and valve boxes and manholes providing access to shutoffs shall be City of Ithaca standard. F. Stop and waste cock. A compression stop and waste cock must be located inside the building as near as practicable to the wall where the service pipe enters and the pipe so arranged that the water can be drawn from them whenever there is danger of freezing. G. Bypasses and valves. Bypasses and the specified valves shall be provided in connection with large meters, as described in connection with the rules relating to meters and their installation. H. Notice of completion of work. After completion of installation and connection all services shall be shut off at the curb box and disconnected inside and notice of such completion shall be filed in the office of the City Chamberlain on forms provided therefor. I. Turning on water. After completion of the work and disconnection as provided in Subsection H no person shall turn on the water until application by the owner of the premises has been filed in the office of the City Chamberlain. §215-20. Replacing service pipes. Any service in which any other variety of pipe shall be placed than that specified in the "Specific Rules," or where opportunity is neglected to replace wrought iron or steel pipe with such pipe as specified, the Board reserves the right to have the water shut off from said premises until such pipe has been installed in accordance with the rules. §215-21. Standpipes and automatic sprinklers. Standpipes or pipes for automatic suppression of fires in buildings, which fixtures are intended only for such use, will be permitted to be attached to the City Water Supply system, and no charge will be made for the use of water for such purposes. All such pipes must be provided with a suitable valve outside of the building and which shall be under the exclusive control of the Board. Also, in the case of standpipes a valve must be provided placed at the bottom of the standpipe and at each hose opening, which valve shall be sealed by the Water and Sewer Division. In case such seals shall be broken for the extinguishment of any fire, the 215:8 06-01-2004 SEWER USE: RULES, REGS. & PENALTIES OF BOARD OF § 215-21 PUBLIC WORKS, CITY OF ITHACA, NY, RE: WATER § 215-23 SUPPLY, SEWAGE DISPOSAL & AIR CONDITIONING party breaking the seal shall immediately thereafter notify the Water and Sewer Division and the valve shall be resealed. §215-22. Protection from freezing. A. Service pipes and meters in buildings shall be located in the parts thereof protected from frost but consistent with the need for access to the meter and the installation of the remote reading device. B. In all cases where the service pipe passes through areas of basements, having windows, gratings, or traps open to the weather, the openings shall be closely covered and the windows and doors closed to the outside air during the cold weather. In all exposed situations the service pipes and fixtures shall be protected at the expense of owner and in case he neglects to protect his service as aforesaid, the Board may cut off the water therefrom. It shall be the duty of the plumber to protect from frost all work done by him. He will not be released from the responsibility by having the owner of the premises or others do the work for him. §215-23. Meters. A. All services shall be metered, except as provided under § 215-28. B. Meters will not be placed in coal bins or situations not easily accessible to the meter inspector. C. Meters must be accessible to the Water and Sewer Division employees at all reasonable hours. D. After meter is attached any damage which said meter may sustain from freezing or from hot water being forced back through the meter or from any external cause, will be repaired by the Water and Sewer Division and the cost thereof charged to the owner or agent. E. If meters need attention the Water and Sewer Division must be notified at once. No person other than Water and Sewer Division employees shall be allowed to remove meters for repairs or for any other purpose. F. All persons are forbidden to break meter seals, disconnect or in any way tamper with meters after they have been installed on the premises. G. In case of any changes or additions in piping for the use or distribution of water which is not accounted for by the meter, a proper charge for such unmetered water shall be made and in default of prompt payment thereof, on notice by the City Chamberlain the water shall be shut off from the premises. H. Where the place provided for installing a meter is unsuitable, the Water and Sewer Division may require such changes as are necessary to locate the meter in a suitable place, and the expense thereof, shall be charged to the owner of the premises. 215:9 06-01-2004 § 215-23 ITHACA CODE § 215-26 I. Every meter shall be provided with a compression stopcock on each side and on all meters over one inch a suitable bypass with valves on each side of it and a locked valve on the bypass shall be provided, which installation of bypass and valve shall meet with the approval of the Water and Sewer Division. J. The Board reserves the right to attach or detach meters at any time whenever they shall deem it expedient, and charge for the quantity of water measured or used. All water passing through a meter will be charged for, whether used or wasted. K. In those locations where the property owner or tenant persists in being uncooperative in making provisions for regular meter readings, a remote reading register will be installed, at the property owners expense. All new installations will be provided with a remote reading register mounted on the outside of each building being metered. Service pipes must be located accordingly. §215-24. Vacant premises. A. The owner or agent of vacated premises must give notice in writing at the office of the City Chamberlain that the water may be shut off, and the owner will be held responsible for all water consumed or meter damages incurred until such notice is given. B. In any case where the meter has to be removed, except for temporary repairs, the service must be shut off at the curb stop. If the curb stop cannot be operated from the ground surface, it must be dug and repaired at the property owner's expense. §215-25. Hydrants. A. No person shall open, use, draw water from or in any matter interfere with any hydrant in the City of Ithaca without authority from the Water and Sewer Division. This prohibition shall not apply to firemen in the pursuit of their duties. No person shall break, deface, injure, remove or in any manner tamper with any hydrant or any part thereof, and no person shall open any hydrant with any wrench other than standard hydrant wrench. B. No person shall erect or plant any obstruction within 3 1/2 feet of any hydrant or cause any obstruction that will in any way hinder a Fire Company from hooking onto it, or operating any hydrant. No obstruction shall be placed so as to obstruct the view of any hydrant for a distance of at least 200 feet up and down the street.' C. No person shall paint or in any way change the color from the standard orange color used by the Water Department in painting hydrants. §215-26. Fraud; misrepresentation; waste and abuses; violations. In case of fraud, misrepresentation on the part of the applicant, abuses in the use of water, violations of any of the rules and regulations relating thereto, or nonpayment of rates and 1. Editor's Note:Amended at time of adoption of Code(see Ch.1,General Provisions,Art.I). 215:10 06-01-2004 SEWER USE: RULES, REGS. & PENALTIES OF BOARD OF § 215-26 PUBLIC WORKS, CITY OF ITHACA, NY, RE: WATER § 215-30 SUPPLY, SEWAGE DISPOSAL & AIR CONDITIONING charges when due, in addition to the penalties specifically provided by the rules and regulations, the City Charter or Ordinances, the water may be cut off without notice, and the water will not be turned on again unless satisfactory assurance shall be given that no further cause of complaint shall arise and the payment of such fees as the Board may prescribe. §215-27. Deficient water supply. The Board reserves the right to shut off the water for alterations, extension and repairs and to stop or restrict the supply of water whenever it may be found necessary, and the Board shall not be held liable under any circumstances for a deficiency or failure to supply water, whether occasioned by shutting off water to make repairs, connections, extension or any other cause whatsoever. §215-28. Water for building construction. The Board shall determine and fix the rates for water to be used for building or construction or repairs, the volume of water to be estimated upon the basis of the amount required per unit of the square area or cubic content for the various classes of construction involved. Such estimated schedule charge for such service, shall be paid in advance. In lieu of a schedule charge for such service, a meter may be installed in which case a deposit shall be required as security against damage to such meter, any surplus thereof to be applied towards the consumption charges. See list of current prices and fees posted at the Water Building, 510 First Street. ARTICLE III Sewers §215-29. Installation of sewer mains. A. Except when variations are specifically approved by the Board, all sewer mains will be eight-inch cement-asbestos. B. All sewer mains shall be laid according to the "Specifications for the Construction of Sanitary Sewers Connecting to the Sewerage System of the City of Ithaca, New York," copies of which are obtainable at the City Engineer's office or the Superintendent of Water and Sewer Division of the Department of Public Works. C. All proposed plans and specifications for sewer mains must be approved by the Board of Public Works and installed under the supervision and inspection of the Water and Sewer Division of the Department of Public Works. §215-30. Installation and maintenance of sanitary sewer services. A. The installation of all drains or sewers between the sewer main and curb or curbline shall be at the expense of the owner of the premises served; except that when a service drain or sewer of cast iron, or such other material as may hereafter be approved as permanent, 215:11 06-01-2004 § 215-30 ITHACA CODE § 215-31 shall have been installed at the expense of the owner, such installation between main and curb, shall be considered a part of the City Sewer Systems and shall be so maintained. B. In the event, however, that a larger or different service is requested by the owner, or required by reason of the use of the property served, such larger or different service shall be installed at the expense of the owner. C. All installations of service, drains or sewers between the main and the curb in the City shall be made only by the Water and Sewer Division of the Department of Public Works. D. All abandoned service pipes shall be shut off at the main at the expense of the owner. E. All installations of service drains or sewers between the curb and the building shall be made by a plumber or sewer layer licensed by the Examining Board of Plumbers or, any homeowner working on his own single-family residence. F. Whenever leaks or breaks occur in the service pipes or private sewers between the main and the building served, they must be repaired immediately by the owner or agent of the premises in accordance with the previous subsection of this section. If repairs are not made within 15 days after notice of such leak or break the Board may shut off the water until such repairs are made. G. The Board reserves the right to repair any leaking service pipe without notice and charge the expense thereof against the owner of the premises to be collected in the manner provided by the rules and regulations or the provisions of the City Charter relating thereto. H. All lateral or service pipes for public or private use, and all necessary fixtures connected therewith shall be subject to the approval, and laid under the supervision of the Water and Sewer Division. I. All Wyes cut into the sewer main will be done by the Water and Sewer Division for which the applicant must pay the City at the time of making application such fees therefor as shall be determined from time to time by the Board. §215-31. Installation and maintenance of service pipes. A. Materials used. (1) All sanitary sewers (laterals) from back of the curbline to the sewer main in the street must be of four inches extra heavy cast iron hub and spigot pipe of Class 2400 cement asbestos pipe in five-foot lengths and such quality as required by the Inspector. No quarter bends or tees shall be used. All such pipe shall be installed by the Water and Sewer Division inside the City and by a duly licensed plumber or Sewer Layer outside the City. (2) All sanitary sewer laterals from the curbline to the building must be either four inches extra heavy cast iron hub and spigot pipe or cement asbestos house connection pipe to be laid in nominal five feet lengths (four inches for single to four-family houses and six inches for five-family houses and up). 215:12 06-01-2004 SEWER USE: RULES, REGS. & PENALTIES OF BOARD OF § 215-31 PUBLIC WORKS, CITY OF ITHACA, NY, RE: WATER § 215-33 SUPPLY, SEWAGE DISPOSAL & AIR CONDITIONING B. Grade of sewer laterals. All sanitary sewer laterals must be laid with a fall of not less than 1/8 inch to the foot, unless otherwise permitted by the Inspector, and must be laid true to the line and grade given by the Inspector, and must be properly bedded and tamped. C. Cast iron sewer pipe joints. A jute gasket large enough to hold the spigot end of the pipe in the center of the hub must be rammed into each joint with an iron hammer. The joints must then be poured and filled with melted virgin lead and caulked so as to form a neat, even and watertight joint. The cement-asbestos joint shall be of the rubber ring type joint. D. Sewer pipe, where laid. Sewer pipes must not be laid in filled ground where there is a possibility of settling. If any other pipe or conduit is to be crossed by a sewer or lateral the matter of adjustment shall be referred to the Inspector. E. Grease and silt traps. Grease traps must be installed and settling tanks at such locations in fixtures connected with the sewer system as it may become necessary to prevent the accumulation of grease in the sewer main. A fifty-gallon silt trap must be installed in each stall of a car wash or gas station and a 500 gallon baffled settling tank must be installed for up to eight stalls, and for each eight thereafter. These settling tanks and silt traps must be accessible for inspection and cleaning. F. Whenever a sewer lateral has to be replaced or enlarged it is to be replaced according to Subsection A, at the expense of the property owner. G. In all new sewer services and whenever an old service is dug at or near the trap a cleanout Wye shall be placed in the line, on the street side of the house trap, with a length of pipe leading to the surface of the ground or cellar floor. A suitable cleanout cap shall be leaded in this pipe to facilitate cleaning the service from the trap to the main. H. Floor drains. May only be connected to the sanitary sewers to serve kitchens or toilet rooms only. §215-32. "Y" openings; location. The location of "Y" openings will be furnished by the Water and Sewer Division. Reasonable care will be taken in locating "Y" openings with accuracy but accuracy cannot and is not guaranteed. § 215-33. Improper use of sewers. No person shall discharge or cause to be discharged to any public sewer any of the following described substances, materials, waters or wastes: A. Any liquid or vapor having a temperature higher than 150° Fahrenheit (650 centigrade) or in such quantities that the temperature at the treatment works influent exceeds 104° Fahrenheit (40°centigrade). B. Any waters or wastes which contain grease or oil or other substance that will solidify or become discernibly viscous at temperatures between 320 and 150°Fahrenheit. 215:13 06-01-2004 § 215-33 ITHACA CODE § 215-33 C. Any waters or wastes containing emulsified oil and grease exceeding an average of 50 parts per million (417 pounds per million gallons) ether soluble matter. D. Any gasoline, benzine, naphtha, fuel oil, or mineral oil or other flammable or explosive liquid, solid, or gas. E. Any noxious or malodorous gas such as hydrogen sulfide, sulfur dioxide, or nitrous oxide or other substance, which either singly or by interaction with other wastes, is capable of creating a public nuisance or hazard to life or of preventing entry into sewers for their maintenance and repair. F. Any garbage that has not been properly comminuted or triturated. G. Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastic, wood, paunch manure, hair and fleshings, entrails, lime slurry, lime residues, beer or distillery slops, chemical residues, paint residues, cannery waste bulk solids, or any other solid or viscous substance capable of causing obstruction to the flow of the sewers, or other interference with the proper operation of the sewage system. H. Any waters or wastes, acid or alkaline in reaction, having corrosive properties capable of causing damage or hazard to structures, equipment and personnel of the sewage system. Free acids and alkalis must be neutralized, at all times, within a permissible pH range of 5.5 to 9.5. I. Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established in compliance with state or federal regulations. J. Any water or wastes that for a duration of 15 minutes has a concentration greater than five times that of "normal" sewage as measured by suspended solids and BOD and/or which is discharged continuously at a rate exceeding 1,000 gallons per minute by special permit. K. Any storm water, cistern or tank overflow, cellar drain, or the contents of any privy vault or cesspool, or, except as otherwise provided by the Board, and under a permit issued by the Board, the discharge of effluent from any air-conditioning machine or refrigerator unit. (1) A fee as established by the Board of Public Works will be charged for each air-conditioning or refrigeration effluent discharging into the sanitary sewer. (2) Normal sanitary sewage shall be construed to fall within the following ranges at the effluent of the industrial plant in question: Constituents Permissible Range Suspended solids 180 to 350 ppm BOD 140 to 300 ppm Chlorine demand 5 to 15 ppm 215:14 06-01-2004 SEWER USE: RULES, REGS. & PENALTIES OF BOARD OF § 215-34 PUBLIC WORKS, CITY OF ITHACA, NY, RE: WATER § 215-39 SUPPLY, SEWAGE DISPOSAL & AIR CONDITIONING § 215-34. Sewer pipe deadends. The end of any sanitary sewer or lateral, not to be immediately used, must have a suitable manhole for flushing at its upper length and at the point where it is connected to the main trunk line sewer. §215-35. Manholes. No person shall raise or tamper with the cover of any sewer manhole or deposit thereon any refuse or other materials without permission from the Board of Public Works. §215-36. Private sewer lines. The City shall have the right to connect with and use or permit to be used any private sewer built upon any public grounds. §215-37. Disconnection of service. The Board of Public Works shall have the right to close or disconnect from any public or private sewer, any sewer constructed or used in violation of the rules and regulations pertaining thereto. The Board of Public Works shall have the right to enter upon any public or private property for this purpose. §215-38. Sewer layer's license. The Examining Board of Plumbers may issue a Sewer Layer's License to persons engaged in installing or replacing sewers. All sewer mains and services including cast iron bell and spigot or cement-asbestos pipe must be laid by or under the supervision of a licensed sewer layer, or licensed plumber. §215-39. Excavations. A. The site of the work must be suitably guarded, barricaded and protected by red lights from sundown to sunrise and by red flags during the day. B. All excavations must be filled and thoroughly tamped as soon as possible after completion of the work and all surplus materials immediately removed. C. All portions of the street disturbed must be restored to their former condition. 215:15 06-01-2004 § 21540 ITHACA CODE § 21540 ARTICLE IV Rules Governing Installation and Operation of Air-Conditioning and Refrigeration Equipment Preamble WHEREAS the operation of water cooled regulate the use of water for such purposes and to refrigeration and other equipment for require conservation of water and the elimination changing the dry bulb temperature or the of waste. humidity of air has rapidly increased and now NOW THEREFORE BE IT RESOLVED,that the involves the use of water in quantities never following regulations shall apply to all before anticipated,thereby placing unexpected water-cooled equipment installed for the purpose burdens on the public water supply system of reducing the dry bulb temperature or which are detrimental to other classes of water decreasing the absolute humidity of air, whether service. for comfort air conditioning, refrigeration, AND WHEREAS,in the interest of the public processing or whatever other purposes. and its water supply system,it is necessary to §215-40. Definitions. For the purpose of these regulations, the following terms shall have, and shall be construed to have, the following meanings: AIR-CONDITIONING SYSTEM — An installation for maintenance, by heat removal, of temperatures which are not less than 60°Fahrenheit. AIR-CONDITIONING SYSTEM AND REFRIGERATION SYSTEM — Any combination of equipment, whether compressor or other type, by which heat is removed from the air and from which the accumulated or effluent heat is wholly or partially removed by the use of water. PERSON — Includes a natural person, partnership, corporation or association. Whenever used with respect to any penalty, the term "person" as applied to partnership or associations, shall mean the partners or members thereof, and as applied to corporations, the officers thereof. RATED CAPACITY IN TONS — For the purpose of these regulations, in no event shall the rated capacity in tons be considered less than the following: A. Total maximum BTU per hour of capacity on the installation divided by 12,000; or B. The nameplate horsepower of any compressor prime mover unit, for any air-conditioning installation; or C. 2/3 the nameplate horsepower of Subsection B above for any refrigeration installation. REFRIGERATION SYSTEM — An installation for maintenance, by heat removal of temperatures which are less than 60r Fahrenheit. SYSTEM — Any combination of apparatus, individual unit, group or collection of units supplied with water through any single customer service pipe connected to the public water system. 215:16 06-01-2004 SEWER USE: RULES, REGS. & PENALTIES OF BOARD OF § 215-41 PUBLIC WORKS, CITY OF ITHACA, NY, RE: WATER § 215-43 SUPPLY, SEWAGE DISPOSAL & AIR CONDITIONING § 215-41. Permit required. No person shall install, operate or use any equipment for air conditioning or refrigeration which requires a supply of water from the system of the City of Ithaca without first having procured written permit therefore from the office of the Water and Sewer Division. §215-42. Application for permit. A. Application for permit shall be made to the office of the Water and Sewer Division and shall provide the following information: (1) Name and address of applicant. (2) Location of premises where installation is proposed. (3) Name and address of the owners of the premises. (4) Names of manufacturers of the units requiring water. (5) Manufacturer's identification and classification of the refrigeration units. (6) Manufacturer's rating of maximum refrigerative capacity of the unit or units under the conditions of the planned installation. (Rating may be stated in tons/24 hours or BTU/hour). In the absence of the required manufacturer's maximum rating, the Superintendent may specify the tonnage of the installation at the ratings indicated in the definition of RATED CAPACITY IN TONS set forth in § 215-40; or, if these appear inadequate, then by whatever other measure of capacity appears to him to be proper. (7) Horsepower of compressor prime mover, if unit is compressor type. (8) Where water conservation devices are required (to comply with § 215-46 hereof), the manufacturer's name, identification, classification and size of the conservation equipment. (9) Elevation and plan showing general piping arrangements and details of all points of connection to building supply water (piping direct to condenser units, makeup supply into tower fan, etc.). (10) Such additional information as shall be required by the Water and Sewer Division. B. Application shall be signed by the owner or tenant, and applications for installation shall designate a plumber duly qualified to receive permits under other sections of these regulations. § 215-43. Fee for permit. A fee shall be paid at the time the application for inspection is filed with the Plumbing Inspector, and shall be equal to the existing rate for a new fixture under the Plumbing Code. 215:17 06-01-2004 § 215-44 ITHACA CODE § 215-46 § 215-44. Permit to install. A. Permits to install piping or connect equipment will be issued at the office of the Water and Sewer Division, but only in the name of licensed plumbers who are duly qualified to perform plumbing work in the City of Ithaca in accordance with the plumbing Code. B. Within 48 hours following the completion of any work authorized by permit, notice of completion and request for inspection shall be returned in writing on the standard Plumbing Inspection blank, accompanied by the inspection fee, by the plumber receiving the permit, to the office from which the permit was obtained. §21545. Permit to operate. After final inspection and approval of the installation, a permit to operate or use the equipment will be issued at the office of the Water and Sewer Division in the name of the owner or tenant. §215-46. Water use and conservation. A. Systems with a capacity of three tons or less shall not use water directly or indirectly (except when used with conservation equipment) from the public supply. B. Systems with a total capacity of more than three tons but not exceeding five tons may use water directly from the public supply, at a rate not exceeding 2.0 gpm per ton if the water temperature is 75° Fahrenheit or less, or 3.0 gpm per ton if it is above 75° Fahrenheit, provided that they are equipped with an automatic regulating valve which will: (1) Stop the flow of water when the refrigerating machine is shut down; and (2) Throttle the flow of water down to the momentary requirements of the system. C. All systems having a total capacity exceeding five tons shall be equipped with evaporative condensers, cooling towers, spray ponds, or other water cooling equipment. This equipment shall be of sufficient capacity to insure conformance with the requirements of Table I for makeup water when operating under full loading at maximum summer temperature. Table I Maarimum Allowable Water Use Water Hardness Maidmum Use (ppm) (gpm/ton) 0 to 139 0.1 140 to 199 0.15 200 to 254 0.2 215:18 06-01-2004 SEWER USE: RULES, REGS. & PENALTIES OF BOARD OF § 215-46 PUBLIC WORKS, CITY OF ITHACA, NY, RE: WATER § 215-48 SUPPLY, SEWAGE DISPOSAL & AIR CONDITIONING Table I Maximum Allowable Water Use Water Hardness Maximum Use (ppm) (gpm/ton) 255 to 339 0.3 340 to 424 0.4 425 and over 0.5 §215-47. Sanitary protection. A. All installations shall be made in conformance with the Plumbing Code and subject to the inspection of the Plumbing Inspector and will include the following general protective measures. B. On installations which operate with the use of water directly from the public supply system, every direct connection shall be equipped with a suitable brass body, brass fitted check valve and vacuum breaker installed in the branch supply line to each unit. C. Discharge and the connections for the disposal of waste water in accordance with the Plumbing Code and Board of Public Works Regulations regarding sanitary sewers. D. Cooling waters which are to be used for other purposes shall be provided with free, above the rim discharge before entering other equipment, otherwise permission shall be obtained in writing from the Plumbing Inspector, approving the proposed connections and use. E. On installations other than those described above, there shall be a physical break between the public water supply piping and the piping of the installation, so arranged as to make back siphonage to the public water supply system impossible. §215-48. Revocation of permit. Any permit which is issued under these regulations to operate or use equipment may be revoked by the Water and Sewer Division for any one of the following reasons: A. Failure of the holder of the permit to discontinue using water for the purposes covered by the permit, immediately upon notice to do so issued by the Water and Sewer Division during an emergency or to forestall an impending emergency. B. Alterations, changes of equipment, or piping, improper operation or lack of maintenance which results in conditions that: (1) Are hazardous to the potable water supply either within the premises or in supply mains; or (2) Cause unnecessary waste of water. 215:19 06-01-2004 § 215-48 ITHACA CODE § 215-52 C. The use of water is found to exceed the quantities under § 215-46 of these rules and regulations. §215-49. Effective date. A. For new installations, these regulations shall be effective upon publication. Publication shall be made in accordance with provisions of any applicable laws, acts, opinions, ordinances or regulations. B. Existing installations shall be modified to conform to the provisions of these regulations, applications to operate shall be filed and permits shall be obtained. Modifications shall be completed and permits obtained in accordance with the provisions of this subsection within six months after adoption. C. Existing installations conforming to the provisions of these regulations in all matters except the conservation of water shall not be penalized under provisions of § 215-50 for failure to provide conservation for a period of one year after adoption. Such installations shall, however, be subject to all other provisions of the regulations, six months after adoption. In the event that a critical condition develops in the system, subsequent to the adoption of these rules and regulations, all installations not equipped to conserve water shall be subject to immediate discontinuance on orders of the Water and Sewer Division. §215-50. Penalties for offenses. A. Failure to comply with the above regulations shall be sufficient cause to penalize the licensee by discontinuance of water service for failure to correct the violation within 15 days after notification that the violation exists. B. Licensed plumbers guilty of violation of any of the rules and regulations herein shall be prohibited from securing further permits from the Water and Sewer Division, and when willful violations warrant, charges may be referred to the Examining Board of Plumbers seeking revocation of the plumber's license. §215-51. Repealer. All regulations, ordinances or parts of ordinances heretofore in effect which are in conflict with, or which are inconsistent with, the provisions of these rules and regulations, to the extent of their inconsistency are hereby repealed. §215-52. Severability. The invalidity of any section, clause, sentence or provision of these rules and regulations shall not affect the validity of any other part thereof, which can be given effect without such invalid part or parts. 215:20 06-01-2004 SEWER USE: RULES, REGS. & PENALTIES OF BOARD OF § 215-53 PUBLIC WORKS, CITY OF ITHACA, NY, RE: WATER § 215-54 SUPPLY, SEWAGE DISPOSAL& AIR CONDITIONING § 215-53. Changing rules and regulations. The Board of Public Works reserves the right to change by resolution from time to time, the rules and regulations governing the installation and operation of air-conditioning and refrigeration equipment. ARTICLE V Specifications for the Construction of Water and Sewer Mains Connecting to the Water and Sewer Systems of the City of Ithaca,New York § 215-54. Specifications. SPECIFICATIONS FOR THE CONSTRUCTION OF WATER AND SEWER MAINS CONNECTING TO THE WATER AND SEWER SYSTEMS OF THE CITY OF PTHACA, NEW YORK General information to Engineers, Contractors and persons or corporations contemplating the construction of water and/or sewer lines connecting to the City systems. It is the intent of these specifications to outline the minimum acceptable requirements governing the construction of, and materials used in water and sewer mains which will connect with the Ithaca water and sewer systems, whether constructed for the City, either by City forces under the direction of the Superintendent of Public Works, or by a contractor under an agreement with the City; or constructed for private individuals, corporations, or Water Districts, who may have received a permit, to connect with the City system and which water and sewer mains are to be built by themselves or by contractors under an agreement with them. No connections to any mains in the water or sewer system may be made unless such connections are authorized by the Board of Public Works, and the plans for the water or sewer main extension are approved by the Board of Public Works. All work done on water and/or sewer main extensions connecting to the Ithaca systems must conform to these specifications, and must be done under the supervision and inspection of the Superintendent of Public Works of the Board of Public Works, or under such inspection as may be otherwise ordered by the Board of Public Works. The term "Inspector" hereinafter used will mean the duly designated representative of the Board of Public Works. The rules and regulations of the Board of Public Works adopted January 28, 1970 and effective February 1, 1970 governing the installation and use of service lines and mains, and the Plumbing Code of the City of Ithaca, shall be considered a part of these specifications and shall govern such conditions as are not herein specifically described. 215:21 06-01-2004 § 215-54 ITHACA CODE § 215-54 I - General I-A EXCAVATION AND PREPARATION OF TRENCH I-A-1. Description. The trench shall be excavated to full depth and grade for a distance of at least 50 feet in advance of pipe laying, but not more than one average days pipe laying in advance of the work. The trench shall be so braced and drained that the workmen may work therein safely and efficiently. It is essential that the discharge from the trench dewatering pumps be conducted to natural drainage channels, drains or storm sewers. I-A-2. Width of Trench. The width of trench shall be ample to permit the pipe to be laid and jointed properly, and the backfill to be placed and compacted as specified. Trenches shall be of such extra width, when required, as will permit the convenient placing of timber supports, sheeting and bracing, and handling of fittings. Minimum width shall be sufficient to give clearance of at least eight inches either side of the barrel of the pipe. I-A-3. Bell Holes. Bell holes shall be provided at each joint to permit the jointing to be made properly. I-A4. Pipe Clearance in Rock. Ledge rock, boulders, and large stones shall be removed to provide a clearance of at least six inches below and eight inches on each side of all pipe and fittings. I-A-S. Excavation to Grade. The trench shall be excavated to the depth required so as to provide a uniform and continuous bearing and support for the pipe on solid and undisturbed ground at every point between bell holes. Any part of the bottom of the trench excavated below the specified grade shall be corrected with approved material, and thoroughly compacted as directed by the Inspector. The finished grade shall be prepared accurately by means of hand tools. The subgrade beneath the center line of the pipe shall be finished to within 0.03 feet of a straight line between pipe joints or batter boards. All tolerance shall be above specified grade. If, in the opinion of the Inspector, soil conditions are encountered at subgrade which require all or part of the work to be done in accordance with Section I-A-6, the Inspector shall have the authority to order the work to be done. I-A-6. Excavation in Poor Soil or Rock. Where the bottom of the trench at subgrade is found to be unstable or to include ashes, cinders, all types of refuse, vegetable or other organic material, large pieces or fragments of inorganic material, or rock, which in the judgment of the Inspector should be removed, the Contractor shall excavate and remove such unsuitable material to the width and depth ordered by the Inspector. Before the pipe is laid, the subgrade shall be made by backfilling with an approved material in three-inch uncompacted layers. The layers shall be thoroughly tamped as directed by the Inspector so as to provide a continuous bearing and support for the pipe at every point between the bell holes, The finished subgrade shall be prepared accurately by means of hand tools. The subgrade beneath the center line of the pipe shall be finished to within 0.03 feet of a straight line between bell holes or batter boards, and all tolerances shall be above the specified grade. 215:22 06-01-2004 SEWER USE: RULES, REGS. & PENALTIES OF BOARD OF § 215-54 PUBLIC WORKS, CITY OF ITHACA,NY, RE: WATER § 215-54 SUPPLY, SEWAGE DISPOSAL & AIR CONDITIONING I-A-7. Special Foundation in Poor Soil. Where the bottom of the trench at subgrade is found to consist of material which is unstable to such a degree that, in the opinion of the Inspector, it cannot be removed and replaced with an approved material thoroughly compacted in place to support the pipe properly, the contractor shall construct a foundation for the pipe, consisting of piling, timber or other materials, in accordance with plans approved by the Board of Public Works. I-A-B. Blasting. Blasting for excavation will be permitted only after securing the approval of the Inspector and only when proper precautions are taken for the protection of persons or property. The hours of blasting will be fixed by the Inspector. Any damage caused by blasting shall be repaired by the contractor at his expense. The contractor's methods of procedure shall conform with State laws and municipal ordinances. I-A-9. Braced and Sheeted Trenches. Open-cut trenches shall be sheeted and braced as required by any governing state laws, and as may be necessary to protect life, property or the work. When close sheeting is required, it shall be so driven as to prevent adjacent soil from entering the trench either below or through such sheeting. Where sheeting and bracing are used the trench width shall be increased accordingly. The Inspector reserves the right to order the sheeting driven to the full depth of the trench or to such additional depths as may be required for the protection of the work. Where the soil in the lower limits of a trench has the necessary stability, the Inspector, at his discretion, may permit the contractor to stop the driving of sheeting at some designated elevation above the trench bottom. The granting of permission by the Inspector, however, shall not relieve the contractor in any degree from his full responsibility under the contract. Sheeting and bracing which have been ordered left in place must be removed for a distance of three feet below the established street grade or the existing surface of the street, whichever is lower. Trench bracing, except that which must be left in place, may be removed when the backfilling has reached the respective levels of such bracing. Sheeting, except that which has been left in place, may be removed after the backfilling has been completed or has been brought up to such an elevation as to permit its safe removal. Sheeting and bracing may be removed before flushing the trench, but only in such manner as will insure the adequate protection of the completed water and/or sewer structures, and prevent the disturbance of adjacent ground. I-A-10. Care of Surface Material for Reuse. All surface materials which, in the opinion of the Inspector, are suitable for reuse in restoring the surface shall be kept separate from the general excavation material, as directed by the Inspector. I-A-11. Piling Excavated Material. All excavated material shall be piled in a manner that will not endanger the work and that will avoid obstructing sidewalks, and driveways. Hydrants under pressure, valve pit covers, valve boxes, curb stop boxes, fire and police call boxes, or other utility controls shall be left unobstructed and accessible until the work is completed. Gutters shall be kept clear or other satisfactory provisions made for street drainage, and natural water courses shall not be obstructed. 215:23 06-01-2004 § 215-54 ITHACA CODE § 215-54 I-A-12. Trenching by Hand Methods. Hand methods for excavations shall be employed in locations were obstructions are shown on drawings or where, in the opinion of the Inspector, property can best be protected by digging by hand. In other locations the contractor may use trench digging machinery. I-A-13. Barricades, Guards and Safety Provisions. To protect persons from injury and to avoid property damage, adequate barricades, construction signs, torches, lanterns and guards as required shall be placed and maintained during the progress of the construction work and until it is safe for traffic to use the highway. All material piles, equipment and pipe which may serve as obstructions to traffic shall be enclosed by fences or barricades and shall be protected by proper lights when the visibility is poor. The rules and regulations of the local authorities respecting safety provisions shall be observed. I-A-14. Maintenance of Traffic and Closing of Streets. The contractor shall carry on the work in a manner which will cause the least interruption to traffic, and may close to travel not more than two consecutive blocks, upon the specific permission of the City, including the cross street intersected. Where traffic must cross open trenches, the contractor shall provide suitable bridges at street intersections and driveways. The contractor shall post, where directed by the Inspector, suitable signs indicating that a street is closed and necessary detour signs for the proper maintenance of traffic. I-A-15. Structure Protection. Temporary support, adequate protection and maintenance of all underground and surface structures, drains, sewers and other obstructions encountered in the progress of the work shall be furnished by the contractor at his expense and under the direction of the Inspector. The structures which may have been disturbed shall be restored upon completion of the work. I-A-16. Protection of Property and Surface Structures. Trees, shrubbery, fences, poles and all other property and surface structures shall be protected unless their removal is shown on the drawings or authorized by the Inspector. When it is necessary to cut roots and tree branches, such cutting shall be done under the supervision of the Inspector. I-B BACKFILLING I-B-1. Backfill Material. All backfill material shall be free from cinders, ashes, refuse, vegetable or organic material, boulders, rocks or stones, or other material which in the opinion of the Inspector is unsuitable. However, from one foot above the top of the pipe to the subgrade of the pavement, material containing stones up to eight inches in their greatest dimension may be used, unless specified otherwise herein. I-B-2. Use of Excavated Material as Backfill. When the type of backfill material is not indicated on drawings or specifications, the contractor may backfill with the excavated material, provided that such material consists of loam, clay, sand, gravel, or other material which, in the opinion of the Inspector, are suitable for backfilling. I-B-3. Sand or Gravel Backfill. Where sand or gravel backfill is not indicated on the drawings or specified herein, and in the opinion of the Inspector should be used in any part of the work, the contractor shall furnish and backfill with sand or gravel as directed. 215:24 06-01-2004 SEWER USE: RULES, REGS. & PENALTIES OF BOARD OF § 215-54 PUBLIC WORKS, CITY OF TTHACA, NY, RE: WATER § 215-54 SUPPLY, SEWAGE DISPOSAL & AIR CONDITIONING I-B-4. Backfilling Under Pipe. All trenches shall be backfilled by hand, from the bottom of the trench to the center line of the pipe, with sand, gravel, or other approved material placed in layers of three inch and compacted by tamping. Backfilling material shall be deposited in the trench for its full width on each side of the pipe, fittings and appurtenances simultaneously. I-B-S. Backfilling Over Pipe. From the center line of the pipe, fittings and appurtenances to a depth of one foot above the top of the pipe, the trench shall be backfilled by hand or by approved mechanical methods. The contractor shall use special care in placing this portion of the backfill so as to avoid injuring or moving the pipe. The backfill material from the center line of the pipe to one foot above the pipe shall consist of approved excavated material which shall be placed in three-inch layers and compacted by tamping. I-B-6. Backfilling in Freezing Weather. Backfilling shall not be done in freezing weather except by permission of the Inspector, and it shall not be made with frozen material. No fill shall be made where the material already in the trench is frozen. I-B-7. Backfill Sand. All sand used for backfill shall be a natural bank sand, graded from fine to coarse, not lumpy, or frozen, and free from slag, cinders, ashes, rubbish or other material which, in the opinion of the Inspector, is objectionable or deleterious. It shall not contain a total of more than 10% by weight of loam and clay, and all material must be capable of being passed through a three-fourths-inch sieve. Not more than 5% shall remain on a No. 4 sieve. I-B-B. Backfill Gravel. Gravel used for backfill shall consist of natural bank gravel having durable particles graded from fine to coarse in a reasonably uniform combination, with no boulders or stories larger than two inches in size. It shall be free from slag, cinders, ashes, refuse or other deleterious or objectionable materials. It shall not contain excessive amounts of loam and clay and shall not be lumpy or frozen. No more than 15% shall be finer than No. 200 sieve. Backfill gravel shall be used in the top 18 inches of backfill of all ditches in City streets. II - WATER MAINS II-A MATERIALS TO BE USED II-A-1. Pipe and Fittings. All pipe lines four inches in diameter and larger shall be bell and spigot, tar-coated, cement lined, centrifugally cast pipe to meet AWWA specifications; class of pipe used to be determined by the operating pressure and conditions of the line. All fittings to be Class D, tar-coated, long pattern, to meet AWWA specifications. The use of mechanical joints and rubber joint cast iron pipe will be allowed by approval of the Board of Public Works. II-A-2. Valves. Main line valves shall be "Darling" hub-end valves of the type used by the City of Ithaca. Valves open left. (counterclockwise). 215:25 06-01-2004 § 215-54 ITHACA CODE § 215-54 II-A-3. Hydrants. Hydrants shall be "Darling" B-50-B, five-inch hydrants, of the type used by the City of Ithaca. Hoze nozzle threads to be City of Ithaca standard. Hydrants shall be a 2-2 1/2" hoze nozzle and 1-4 1/2" steamer nozzle. 2 1/2" hoze nozzles to be City of Ithaca standard, measuring 3" OD to top of thread with 7 1/2 threads to the inch. The 4 1/2" steamer nozzle shall be National standard measuring 5 3/4" OD at the top of the thread and threaded four threads per inch. II-A-4. Valve Boxes. Valve boxes shall be the Buffalo Screw Type roadway box, with cover marked "Water." H-A-S. Manholes. Manholes may be built of concrete masonry of 1-2-4 concrete, using tight smooth forms, or standard cement manhole blocks loaned especially for four-foot manholes. Manholes may be built of masonry using hard pressed brick. Every fifth course of brick shall be laid as stretchers, the remainders to be headers. Every brick shall have full mortar joints on the bottom and sides which shall be formed at one operation by placing sufficient mortar on the bed and forcing the brick into it. Horizontal joints shall not exceed 3/8" and vertical joints on the inside of manholes shall not exceed 1/4". Joints on the inside face are to be carefully rubbed full and struck as a manhole is built up. In wet trenches water shall be kept drained away from manholes until the concrete is set. No backfilling shall be done for 24 hours after completion of the manhole. In freezing weather customary precautions of heating materials and after protection shall be followed. Steps. Steps of cast iron, or of galvanized wrought iron, 3/4" in diameter, shall be securely placed in the inside of the manhole during construction, not more than 18" apart. Diameter. Manholes five feet deep or less shall have a minimum inside diameter of four feet at the bottom. Manholes 10 feet deep shall be at least five feet in inside diameter and at intermediate depths the diameter shall be in proportion. Frames and Covers. Manhole covers shall be set to the grade given by the Inspector. Covers of manholes in streets shall correspond to the type used and approved by the City of Ithaca in 1932, frame and cover to weigh not less than 480 lbs. Depth of frame eight inches; diameter of cover 24 inches. Manholes in parkings where no traffic can be expected may use covers of light weight type used in the City of Ithaca prior to 1932. Weight of frame and cover not less than 245 lbs., depth of frame, four inches. II-B INSPECTION OF MATERIAL H-B-1. Field Inspection. All pipe and accessories shall be laid, jointed and tested under pressure for defects and leakage in the manner specified and in the presence of and as approved by the Inspector. II-B-2. Disposition of Defective Material. All material found during the progress of the work to have cracks, flaws, or other defects will be rejected by the Inspector. All defective materials shall be promptly removed from the site. 215:26 06-01-2004 SEWER USE: RULES, REGS. &PENALTIES OF BOARD OF § 215-54 PUBLIC WORKS, CITY OF ITHACA, NY, RE: WATER § 215-54 SUPPLY, SEWAGE DISPOSAL & AIR CONDITIONING II-C HANDLING OF MATERIALS II-C-1. Hauling. Cast iron pipe, fittings, valves, hydrants and accessories shall be loaded and unloaded by lifting with hoists or skidding so as to avoid shock or damage. Under no circumstances shall such materials be dropped. Pipe handled on skidways shall not be skidded or rolled against pipe already on the ground. II-C-2. At Site of Work. In distributing the material at the site of work, each piece shall be unloaded opposite or near the place where it is to be laid in the trench. II-C-3. Care of Pipe Coating and Lining. Pipe shall be so handled that the coating and lining will not be damaged. If, however, any part of the coating or lining is damaged, the repair shall be made in a manner satisfactory to the Inspector. II-D ALIGNMENT AND GRADE II-D-1. General. The water main shall be laid and maintained to the required lines and grades with fittings, valves and hydrants at the required locations; spigots centered in bells; and all valves and hydrant stems plumb. Any changes in either line or grade shall be made by using the proper fittings, and not by crowding the joints, except in laying pipe along a curved line the Inspector may approve a small deviation in alignment at each joint. See Section II-E-7. H-D-2. Depth of Pipe. The top of the pipe shall be laid to a minimum depth of four feet below the established grade. Any variations therefrom shall be made only with the approval of the Inspector. II-E LAYING II-E-1. Handling of Water Main Material into Trench Proper implements, tools and facilities satisfactory to the Inspector shall be provided and used for the safe and convenient prosecution of the work. All pipes, fittings, valves and hydrants shall be carefully lowered into the trench piece by piece by means of a derrick, ropes or other suitable tools or equipment, in such a manner as to prevent damage to water main materials and protective coatings and linings. Under no circumstances shall water main materials be dropped or dumped into the trench. II-E-2. Hammer Test. The pipe and fittings shall be inspected for defects and, while suspended above grade, be rung with a light hammer to detect cracks. II-E 3. Cleaning Pipe and Fittings. All lumps, blisters and excess tar-coating shall be removed from the bell-and-spigot end of each pipe, and the outside of the spigot and the inside of the bell shall be wire-brushed and wiped clean and dry and free from oil and grease before the pipe is laid. 215:27 06-01-2004 § 215-54 ITHACA CODE § 215-54 H-E-4. Laying Pipe. Every precaution shall be taken to prevent foreign material from entering the pipe while it is being placed in the line. If the pipe-laying crew cannot put the pipe into the trench and in place without getting earth into it, the Inspector may require that before lowering the pipe into the trench, a heavy, tight woven canvas bag of suitable size shall be placed over each end and left there until the connection is to be made to the adjacent pipe. During laying operations, no debris, tools, clothing or other materials shall be placed in the pipe. After placing a length of pipe in the trench, the spigot end shall be centered in the bell and the pipe forced home and brought to correct line and grade. The pipe shall be secured in place with approved backfill material tamped under it except at the bells. Pipe and fittings which do not allow a sufficient and uniform space for joints shall be removed and replaced with pipe and fittings of proper dimensions to insure such uniform space. Precautions shall be taken to prevent dirt from entering the joint space. At times when pipe laying is not in progress, the open ends of pipe shall be closed by a watertight plug or other means approved by the Inspector. Joints of pipe in the trench which cannot be poured shall be caulked with packing to make them as water tight as possible. This provision shall apply during the noon hour as well as overnight. If water is in the trench, the seal shall remain in place until the trench is pumped completely dry. H-E-5. Cutting Pipe. The cutting of pipe for inserting valves, fittings, or closure pieces shall be done in a neat and workmanlike manner without damage to the pipe or cement lining and so as to leave a smooth end at right angles to the axis of the pipe. When machine cutting is not available for cutting pipe 20 inches in diameter or larger, the electric-arc cutting method will be permitted using a carbon or steel rod. Only qualified and experienced workman shall be used at this work. The flame cutting of pipe by means of an oxyacetylene torch shall not be allowed. II-E-6. Bell Ends to Face Direction of Laying. Pipe shall be laid with bell ends facing in the direction of laying unless directed otherwise by the Inspector. II-E-7. Permissible Deflection at Joints. Whenever it is necessary to deflect pipe from a straight line, either in the vertical or horizontal plane, to avoid obstruction or plumb stems, or where long-radius curves are permitted, the amount of deflection allowed shall not exceed that required for satisfactory caulking of the joint, and shall be approved by the Inspector. Approx.Radius of Curve Max. Deflection With Produced by Succession of Joints Pipe Length of: With Pipe Lead of: Pipe Diam. Joint (inch) Opening 16 ft. 18 ft. 20 ft. 16 ft. 18 ft. 20 ft. 4 0.41 14.8 16.7 18.5 208 234 260 6 0.58 14.8 16.7 18.5 208 234 260 215:28 06-01-2004 SEWER USE: RULES, REGS. & PENALTIES OF BOARD OF § 215-54 PUBLIC WORKS, CITY OF 1THACA, NY, RE: WATER § 215-54 SUPPLY, SEWAGE DISPOSAL & AIR CONDITIONING Approx. Radius of Curve Max. Deflection With Produced by Succession of Joints Pipe Length of: With Pipe Lead of: Pipe Diam. Joint (inch) Opening 16 ft. 18 ft. 20 ft. 16 ft. 18 ft. 20 ft. 8 0.65 12.9 14.6 16.2 238 268 297 10 0.75 12.4 14.0 15.5 248 279 310 12 0.75 10.5 11.9 13.2 292 327 363 16 0.75 7.9 8.8 9.7 390 440 488 II-E-8. Unsuitable Conditions for Laying Pipe. No pipe shall be laid in water or when, in the opinion of the Inspector, the trench conditions are unsuitable. II-F JOINTING II-F-1. Yarning or Packing Material. Yarning or packing material shall be molded or tubular rubber rings. The above material shall be handled with care in order to prevent contamination and shall be dry when put into place in the joint. The material shall be free of oil, tar, or greasy substances. II-F-2. Placing of Yarning Material. The yarning material shall be placed around the spigot end of the pipe and shall be of proper dimensions to center the spigot in the bell. When the spigot is shoved home, the yarning material shall be driven tightly against the inside base or hub of the bell with suitable yarning tool. II-F-3. Depth of Jointing Material. For lead joints a space not less than 2 1/4" in depth shall be left in the bell in pipe having a nominal diameter of 20" or less; 2 1/2" in 24, 30 and 36" pipe; and 3" in pipe larger than 36". II-F-4. Lead. Lead for caulking purposes shall contain not less than 99.73% pure lead. Impurities shall not exceed the following limits: Arsenic, antimony and tin together 0.015% Copper 0.08% Zinc 0.002% Iron 0.002% Bismuth 0.25% Silver 0.02% The producer's name or the mark of Lead Industries shall be clearly cast or stamped upon each piece of lead. 215:29 06-01-2004 § 215-54 I THACA CODE § 215-54 H-F-S. Heating and Pouring of Lead. Lead shall be heated in a melting pot kept in easy reach of the joint to be poured--so that the molten metal will not be chilled in being carried from the melting pot to the joint--and shall be brought to a proper temperature so that when stirred it will show a rapid change of color. Before pouring, all scum shall be removed. Each joint shall be made in one continuous pouring filling the entire joint space with solid lead. Spongy or imperfectly filled joints shall be burned out and repoured. II-F-6. Position of Joint Runner. The joint runner shall fit snugly against the face of the bell and the outside of the pipe shall be dammed with clay to form a pouring lip to provide for filling the joint flush with the face and to the top of the bell. II-F-7. Caulking Lead Joints. After the lead has cooled to the temperature of the pipe, lead joints shall be caulked with pneumatic or hand tools operated by competent workmen, until such joints are thoroughly compacted and watertight. The finished joint shall show a hard and even hammered surface overall. Care should be taken not to overstrain the bells during caulking. U-G SETTING VALVES AND FITTINGS H-G-1. General. Valves, fittings, plugs and caps shall be set and jointed to pipe in the manner heretofore specified for cleaning, laying and jointing pipe. II-G-2. Valve Boxes and Manholes. (See Sections II-A-4 and II-A-S.) A valve box or manhole shall be provided for every valve. The valve box shall not transmit shock or stress to the valve and shall be centered plumb over the operating nut of the valve, with the box cover flush with the surface of the ground, or such other level as may be directed. Where valves are in manholes the operating nut shall be readily accessible for operation through the opening in the manhole, which shall be set flush with the surface of the finished pavement. Manholes shall be so constructed as to permit minor repairs and afford protection to the valve and pipe from impact where they pass through the manhole wall. H-G-3. Drainage of Mains. Mains shall be drained through drainage branches or blowoffs to dry wells from which the water can be pumped. Drainage branches, blowoffs, air vents and appurtenances shall be provided with gate valves and shall be located and installed as shown on the plans. Drainage branches or blowoffs shall not be connected to any sewer, submerged in any stream or be installed in any other manner that will permit back siphonage into the distribution system. H-G-4. Dead Ends. All dead ends on new mains shall be closed with cast iron plugs or caps, with or without a blowoff cock, as shown on the drawings. H-H SETTING HYDRANTS II-H-1. Location. Hydrants shall be located as shown or as directed and in a manner to provide complete accessibility, and also in such a manner that the possibility of damage from vehicles or injury to pedestrians will be minimized. 215:30 06-01-2004 SEWER USE: RULES, REGS. & PENALTIES OF BOARD OF § 215-54 PUBLIC WORKS, CITY OF ITHACA, NY, RE: WATER § 215-54 SUPPLY, SEWAGE DISPOSAL & AIR CONDITIONING When placed behind the curb, the hydrant barrel shall be set so that no portion of the pumper or hoze nozzle cap will be less than six inches nor more than 12 inches from the gutter face of the curb. When set in the lawn space between the curb and the sidewalk, or between the sidewalk and the property line, no portion of the hydrant or nozzle cap shall be within six inches of the sidewalk. H-H-2. Position. All hydrants shall stand plumb and shall have their nozzles parallel with or at right angles to the curb, with the pumper nozzle facing the curb, except that hydrants having two hoze nozzles 90° apart shall be set with each nozzle facing the curb at an angle of 45°. Hydrants shall be set to the established grade, with nozzles at least 12 inches above the ground, as shown or as directed by the Inspector. II-H-3. Connection to Main. Each hydrant shall be connected to the main with a six-inch cast-iron branch controlled by an independent six-inch gate valve, except as otherwise directed. H-H4. Hydrant Drainage in Pervious Soil.* Whenever a hydrant is set in soil that is pervious, drainage shall be provided at the base of the hydrant by placing course gravel or crushed stone mixed with course sand, from the bottom of the trench to at least six inches above the waste opening in the hydrant and to a distance of one foot around the elbow. No drainage system shall be connected to the sewer. H-H-5. Hydrant Drainage in Impervious Soil.* Whenever a hydrant is set in clay or other impervious soil, a drainage pit two feet in diameter and three.feet deep shall be excavated below each hydrant and filled compactly with course gravel or crushed stone mixed with course sand, under and around the elbow of the hydrant and to a level of six inches above the waste opening. *Note: The Inspector shall determine whether H-H-4 or H-H-5 is applicable. II-I ANCHORAGE 114-1. Anchorage for Hydrants. The bowl of each hydrant shall be well braced against unexcavated earth at the end of the trench with stone or slabs or concrete backing. H-I-2. Anchorage for Plugs, Caps, Tees and Bends. All plugs, caps, tees and bends deflecting 22 1/2° or more on mains eight inches in diameter or larger shall be provided with a reaction backing. II4-3. Reaction Backing. Reaction backing shall be concrete of a mix not leaner than 1 cement: 2 1/2 sand: 5. stone, and having a compressive strength of not less than 2,000 psi, at 28 days. Backing shall be placed between solid ground and the filling to be anchored; the area of bearing on the pipe and on the ground in each instance shall be that shown or directed by the Inspector. The backing shall, unless otherwise shown or directed, be so placed that the pipe and fitting joints will be accessible for repair. 215:31 06-01-2004 § 215-54 ITHACA CODE § 215-54 II-J HYDROSTATIC TESTS II-J-1. Pressure Test. After the pipe has been laid and partially backfilled as directed by the Inspector, all newly laid pipe, or any valved section thereof, shall be subject to a hydrostatic pressure equal to a pressure 50% greater than the computed working pressure of the section under test based on the lowest point in the section under test and corrected to the elevation of the test gage. II4-2. Duration of Pressure Test. The duration of each pressure test shall be at least one hour. II-J-3. Procedure. Each valve section of pipe shall be slowly filled with water and the specified test pressure, based on the elevation of the lowest point of the line or section under test and corrected to the elevation of the test gage, shall be applied by means of a pump connected to the pipe in a manner satisfactory to the Inspector. II-J-4. Expelling Air before Test. Before applying the specified test pressure, all air shall be expelled from the pipe. If hydrants or blowoffs are not available at high places, taps at points of highest elevation shall be made before the test is made, and plugs inserted after the test has been completed. II-J-5. Examination under Pressure. All exposed pipes, fittings, valves, hydrants and joints shall be carefully examined during the open-trench test. Joints showing visible leaks shall be recaulked until tight. Any cracked or defective pipe, fittings, valves or hydrants discovered in consequence of this pressure test shall be removed and replaced with sound material, and the test shall be repeated until satisfactory to the Inspector. II-J-6. Leakage Test. A leakage test shall be conducted after the pressure test has been satisfactorily completed. The duration of each leakage test shall be two hours, and during the test the main shall be subject to a pressure equal to the computed working pressure of the lowest point in the section and corrected to gage elevation except that the test pressure shall be a minimum of 100 lbs., square inch in the lowest point in the section. Leakage is defined as the quantity of water to be supplied into the new laid pipe, or any valved section thereof, necessary to maintain the specified leakage test pressure after the pipe has been filled with water and the air expelled. No pipe installation will be accepted until the leakage is less than the number of gallons per hour as determined by the formula: L= ND P/1,850 in which L equals the allowable leakage in gallons per hour; N is the number of joints in the length of pipe tested; D is the normal diameter of the pipe, in inches; and P is the average test pressure during the leakage test, in pounds per square inch gage. II-J-7. Variation from Permissible Leakage. Should any test of pipe laid disclose leakage greater than that specified in Section II-J-6, the defective joints shall be located and repaired until the leakage is within the specified allowance. 215:32 06-01-2004 SEWER USE: RULES, REGS. & PENALTIES OF BOARD OF § 215-54 PUBLIC WORKS, CITY OF ITHACA, NY, RE: WATER § 215-54 SUPPLY, SEWAGE DISPOSAL & AIR CONDITIONING II-J-B. Time for Making Test of Pipe Lead jointed pipe may be subjected to hydrostatic pressure and inspected and tested for leakage at any convenient time after the trench has been partially backfilled except at the joints. Where any section of a main is provided with concrete reaction backing, the hydrostatic pressure test shall not be made until at least five days have elapsed after the concrete reaction backing is installed. If high-early-strength cement is used in the concrete reaction backing, the hydrostatic pressure test shall not be made until at least two days have elapsed. II-J-9. Interruption of Service. No valve or other control on the existing system shall be operated for any purpose by the contractor. The City will operate all valves, hydrants, blowoffs and curb stops. H-K DISINFECTION II-K-1. Form of Chlorine and Means of Application. Before being placed in service, all new water distribution systems and repaired portions of, or extensions to, existing systems shall be chlorinated. If the available water is more alkaline than pH 8, the holding time in the main shall be increased at the discretion of the engineer. H-K-2. Form of Applied Chlorine Any of the following methods of procedure (arranged in order of preference) shall be followed, subject to the approval of the engineer: Liquid chlorine gas-water mixture Direct chlorine feed Calcium or sodium hypochlorite and water mixture Chlorinated lime and water mixture II-K-3. Liquid Chlorine. A chlorine gas-water mixture shall be applied by means of a solution-feed chlorinating device, or, if approved by the engineer, the dry gas may be fed directly through proper devices for regulating the rate of flow and providing effective diffusion of the gas into the water within the pipe being treated. Chlorinating devices for feeding solutions of the chlorine gas or the gas itself must provide means for preventing the backflow of water into the chlorine cylinder. H-K-4. Chlorine bearing Compounds in Water. On approval of the engineer, a mixture of water and a chlorine-bearing compound of known chlorine content may be substituted as an alternative for liquid chlorine. H-K-4.1. Chlorine bearing Compounds. The chlorine-bearing compounds which may be used are: (1) calcium hypochlorite, (comparable to commercial products known as "HTH," "Perchloron" and "Pittchlor"), (2) chlorinated lime (frequently called chloride of lime and known to industry as bleaching powder) and (3) sodium hypochlorite. 215:33 06-01-2004 § 215-54 ITHACA CODE § 215-54 II-K-4.2. Proportions of Mixtures. A five-percent solution of the powder shall be prepared, consisting of 5% of powder to 95% of water by weight, due attention being given to the chlorine content of the product used. The calcium hypochlorite or chlorinated lime and water mixture, first made into a paste and then thinned to a slurry with clean water, shall be injected or pumped into the newly laid pipe after preliminary flushing. If sodium hypochlorite is used mix the solution as purchased, with water to obtain the desired concentration of chlorine and feed into the pipe under treatment in the same manner as is used for feeding other hypochlorites. II-K-5. Point of Application. The preferred point of application of the chlorinating agent shall be at the beginning of the pipeline extension or any valved section of it and through a corporation stop inserted by the owner (except in new distribution system) in the top of the newly laid pipe. The water injector for delivering the chlorine-bearing water into the pipe should be supplied from a tap on the pressure side of the gate valve controlling the flow into the pipeline extension. In a new system, application of chlorine may be made advantageously at the pumping station, the elevated tank, the standpipe or the reservoir. When properly cleaned first, these units are thus chlorinated adequately. II-K-6. Rate of Application. Water from the existing distribution system or other source of supply shall be controlled so as to flow slowly into the newly laid pipeline during the application of chlorine. The rate of chlorine mixture flow shall be in such proportion to the rate of water entering the pipe that the chlorine dose applied to the water entering the newly laid pipe shall be at least 40 to 50 ppm. This may require as much as 100 ppm. of chlorine in the water left in the line after chlorination. A convenient method of determining the rate of flow of water into the line to be treated is to start with the line full of water and measure the rate of discharge at a hydrant with a pilot gage. Great flexibility is made possible by providing a series of orifices to give good gage readings at high and low flows. II-K-7. Preventing Reverse Flow. Valves shall be manipulated so that the strong chlorine solution in the line being treated will not flow back into the line supplying the water. II-K-B. Retention Period. Treated water shall be retained in the pipe long enough to destroy all nonspore-forming bacteria. This period should be at least 24 hours and preferably longer, as may be directed. After the chlorine-treated water has been retained for the required time, the chlorine residual at the pipe extremities and at other representative points should be at least 25 ppm. II-K-9. Chlorinating Valves and Hydrants. In the process of chlorinating newly laid pipe, all valves or other appurtenances shall be operated while the pipeline is filled with the chlorinating agent. II-K-10. Final Flushing and Test. Following chlorination, all treated water shall be thoroughly flushed from the newly laid pipeline at its extremities until the replacement water throughout its length shall, upon test, be proved comparable to the quality of water served the public from the existing water supply system. This quality of water delivered by the new main should continue for a period of at least two full days as demonstrated by laboratory examination of samples taken from a tap located and installed in such a way as to prevent outside contamination. 215:34 06-01-2004 SEWER USE: RULES, REGS. & PENALTIES OF BOARD OF § 215-54 PUBLIC WORKS, CITY OF ITHACA, NY, RE: WATER § 215-54 SUPPLY, SEWAGE DISPOSAL & AIR CONDITIONING II-K-11. Repetition of Procedure. Should the initial treatment fail to result in the conditions specified in Section K-10, the chlorination procedure shall be repeated until such results are obtained. III - SEWER MAINS III-A MATERIALS TO BE USED III-A-1. Pipe and Fittings. All sewer mains shall be cement-asbestos with a minimum inside diameter of eight inches. No other specifications for concrete, or cement asbestos sewers are herein contained. The use of other materials is not prohibited and may be done under standard specifications submitted to and approved by the Board of Public Works. II-A-2. Manholes. Manholes shall be constructed at every change of line or grade of the sewer main, at every main intersection or branch, (except branches for house connections) and in straight runs of main so that the distance between manholes shall not exceed 300 feet, except where the grade of the sewer is more than five feet in 100 feet the distance between the manholes shall not exceed 250 feet. Manholes may be precast of concrete masonry of 1-2-4 concrete, using tight smooth forms, or standard cement manhole blocks formed especially for four-foot manholes. Manholes may be built of brick masonry using hard pressed brick. Every fifth course of brick shall be laid as stretchers, the remainder to be headers. Every brick shall have full mortar joints on the bottom and sides which shall be formed at one operation by placing sufficient mortar on the bed and forcing the brick into it. Horizontal joints shall not exceed 3/8" and vertical joints on the inside of the manholes shall not exceed 14". Joints on the inside face are to be carefully rubbed full and struck as a manhole is built. The outside of the manhole shall be smoothly and evenly plastered with cement mortar one-half-inch thick. Such plaster coat shall be applied in one operation after all brick has been placed and must not be applied by the mason working within the manhole as the brick courses are laid up. Plaster shall be proportioned one part Portland cement to 2 1/2 parts mortar sand. Manhole Bottoms. Inverts of manholes shall be formed by running the sewer pipe through the manhole cutting out the top half of the pipe after the manhole has been completed. Concrete bottoms of manholes shall be placed in two layers. The top of the bottom layer shall be level with the horizontal diameter of the pipe, and upon this layer the brick masonry shall be started. The depth of this concrete shall be everywhere at least six inches thick. Particular care must be exercised to insure this depth under the invert. After the top of the pipe has been cut off and the invert left in the concrete base, a second concrete floor must be applied on top of the original bottom to the height of the top of the sewer pipe leaving the manhole. This floor shall be neatly shaped to meet the cut half of the sewer pipe, and shall serve to confine the sewage from overflowing on the manhole bottom if the sewer should flow more than half full. Where invert of manhole is below ground water level, manholes shall be waterproof on the outside of the plaster coat with suitable bituminous waterproofing to a line one foot higher than the apparent ground water level. In wet trenches water shall be kept drained away from manholes until the concrete work is set. No backfilling shall be done until the plaster coat on the outside of the manhole shall have set for 24 hours. 215:35 06-01-2004 § 215-54 ITHACA CODE § 215-54 In freezing weather customary precautions of heating materials and after pretection shall be followed. Steps. Steps of cast iron or of galvanized wrought iron, 3/4" in diameter, shall be securely placed in the inside of the manhole during construction, not more than 18 inches apart. Diameter. Manholes five feet deep or less shall have an inside diameter of four feet at the bottom. Manholes 10 feet deep shall be five feet in inside diameter and at intermediate depths the diameter shall be in proportion. Frames and Covers. Manhole covers shall be set to the grade given by the Inspector. Covers of manholes in streets shall correspond to the type used and approved by the City of Ithaca in 1932, frame and cover to weigh not less than 480 lbs. Depth of frame eight inches, diameter of cover 24 inches. Manholes in parkings where no traffic can be expected may use covers of the light weight type used in the City of Ithaca prior to 1932. Weight of frame and cover not less than 245 lbs., depth of frame four inches. III-B DISPOSITION OF DEFECTIVE MATERIAL All material found during the progress of the work to have cracks, flaws, blisters or other defects shall be rejected by the Inspector. All defective material shall be promptly removed from the site. IR-C ALIGNMENT AND GRADE Sewers shall be laid straight to line and grade between manholes. The alignment and grade of the sewer line shall be checked from a string line stretched along the center of the pipe between batter boards, at every 25 feet. The batter board grades are taken from the engineer's grade stakes. The elevation of the batter boards above the invert of the pipe shall be constant for adjacent batter boards. Batter boards shall be set at every change in line and grade. III-D LAYING III-D-1. Handling Main Material into Trench. Proper implements, tools, and facilities satisfactory to the Inspector shall be provided and used for the safe and convenient prosecution of the work. All pipe and fittings shall be carefully lowered into the trench piece by piece by means of a derrick, ropes or other suitable tools or equipment, in such a manner as to prevent damage to sewer main materials. Under no circumstances shall sewer main material be dropped or dumped into the trench. III-D-2. Pipe Laying. All pipe shall be laid with ends abutting and true to line and grade, so fitted and matched that a smooth uniform invert will be formed. The bottom of the trench shall be shaped so as to conform as nearly as possible to the outside of the pipe, particular care being taken to recess the bottom of the trench in such a manner as to relieve the bell of all load. III-D-3. Depth. In streets or highways sewers shall be laid to a minimum depth of three feet, grade permitting. III-D-4. Unsuitable Conditions for Laying Pipe. No pipe shall be laid in water or when, in the opinion of the Inspector, trench conditions are unsuitable. 215:36 06-01-2004 SEWER USE: RULES, REGS. & PENALTIES OF BOARD OF § 215-54 PUBLIC WORKS, CITY OF ITHACA, NY, RE: WATER § 215-54 SUPPLY, SEWAGE DISPOSAL & AIR CONDITIONING III-E JOINTING III-E-1. Joints. Pipe joints shall conform to both the materials and methods of installation of the manufacturer of the particular cement-asbestos pipe furnished for the job. III-E-2. Joints in Cold Weather. No joints shall be poured when pipe is at a temperature below freezing. When the air temperature is below 40°F. the part of the pipe to be joined shall be heated and a paint coat of G-K primer, or equal, applied both to spigot end and inside of bell before pipes are joined preparatory to pouring. III-F TESTING III-F-1. Cleaning and Flushing. The interior of the sewer shall, as the work progresses, be cleared of all dirt, surplus joint material and superfluous material of every description. No sewer main shall be finally joined to the City System until it has been satisfactorily cleaned and flushed. III-17-2. Testing. On a completion of any sewer or such portion of the same as may be directed, and before any connection has been made therewith, the sewer may be tested for leakage or infiltration of ground water on the order of the Inspector. Contractors shall supply all facilities for making such tests. It is the intent of these specifications to have the sewer so constructed that the quantity of infiltration will be kept at a minimum. The allowable leakage shall not exceed a rate of flow of 175 gallons per 24 hours per inch of diameter per 1,000 linear feet of sewer tested. Should any leaky or defective joints or defective construction be found they shall be promptly made good, and should any defective pipes or specials be discovered they shall be replaced with sound pipes or specials in a satisfactory manner and without cost to the City. 215:37 06-01-2004 0 0 N w of O yy N w V Q M z Z* a of J Z w a w v_n w pC o A �fi z a O Z 44. �Q116 j a u Ll it $ AO .kiQ o u OA O 0 a Co 4. H � •" d r p C S YS LL b • 0 W ....j^ L� y LA wap S FL Pp C/1 OdOb 0 � �tu�.4'�ei. 3.00 � � z ..w dgY x �. 00 oo..�d, Z O �OCwv2yOt ' s0f Q �- C • 40 00 Big V M �u Y vo 0 o e ki o 1a•�4 ;�; o W Q N Jb. O O u P V H 0 o b ydj y o C/] O 1 Q oozed= =Co. oeNc VQ w` O•p . E C."e Leo. • s e w _� ut pA cII c°� F o>. • C C A Y00OAt OC^ O .I w O O� •r O • i � «000V �L"= � • sp e e 0 N O b O d V � z n '� z 2 t O MW 4 a o zm 3 0 U U - a. a � ui •1 ' � d O W- rs. a O o w -+ 00 �l � DvD ] DDDD N IL 114 O A U � 3 07P R M F O pCL4 It lox d iL go CA a4 r7 : � a �►s x � C 1 d' rn Twp 7e r i Pu X' 3 Q 3 h�.�'its, w _3 Fi•1 r� y O R0 W W F g g ai�S�� W3 V� 0 N�W W LLl CO j0 W a z F C tw o!-k a u».'d- `c v� Ld e u- U '� J SEWER USE: RULES, REGS. & PENALTIES OF BOARD OF PUBLIC WORKS, CITY OF ITHACA,NY, RE: WATER SUPPLY, SEWAGE DISPOSAL & AIR CONDITIONING TYPICAL INSTALLATION OF., TEE ELBOW PLUGGED PIPE PLAN PLAN SECTION PLAN TYPICAL HYDRANT INSTALLATION Co.►wft S aw.va L IM'`-o ming 1tt , ,TIF pf � % • AS�� • •• • • • �• SII 19 a SKr•y�C n � .,_ • - •'•/•t cpt�. N!�(r• L= -.i- r��i►= �' �� � � ,�/1 • -.sl./,t_J�1=1�i_ln�lA. lgsut�-. :I�j-uwn=�irj1<�(..=e��L'-I��G t=€T�..e _n: r ' 215:A5 06-01-2004 Chapter 216 SEWER USE: REQUIREMENTS FOR CONTRIBUTORS INTO JOINT POTW ARTICLE I ARTICLE IV General Provisions Reporting Requirements; Monitoring; Inspections § 216-1. Purpose; applicability. § 216-2. Administration. § 216-22.Reporting requirements. § 216-3. Definitions and word usage. § 216-23.Signatory requirements. § 216-24.Monitoring and analysis. ARTICLE II § 216-25.Recordkeeping requirements. Regulation of Wastewater Discharges § 216-26.Monitoring facilities. § 216-4. General discharge prohibitions. § 216-27.Inspection and sampling. § 216-5. Specific discharge prohibitions. § 216-28.Slug control plans. § 216-6. Specific pollutant limitations. § 216-29.Confidential information. § 216-7. Categorical Pretreatment ARTICLE V Standards. Septage Discharges § 216-8. Modification of Categorical Pretreatment Standards. § 216-30.Septage hauler requirements. § 216-9. State requirements. § 216-31.Septage discharge § 216-10.Right of revision. requirements. § 216-11.Dilution prohibited in absence § 216-32.Dumping location and timing. of treatment. § 216-33.Notification of dumping. § 216-12.Alternative discharge limits. § 216-34.Dumping fees. § 216-13.Pretreatment. § 216-14.Accidental discharges. ARTICLE VI Enforcement ARTICLE III Wastewater Discharge Permits § 216-35.Imminent endangerment. § 216-36.Other harmful discharges. § 216-15.Permit required. § 216-37.Publication of list of violators. § 216-16.Permit application § 216-38.Compliance orders. requirements. § 216-17.Permit conditions. § 216-39.Suspension and revocation of permit. § 216-18.Permit modifications. § 216-40.Notice of violation. § 216-19.Duration of permits. § 216-41.Show cause hearing. § 216-20.Permit transfer. § 216-21.Permit decisions. 216:1 06-01-2004 § 216-1 ITHACA CODE § 216-1 § 216-42.Legal action. § 216-47.Surcharges for certain conventional pollutants. ARTICLE VII Penalties and Costs ARTICLE IX Local Limits § 216-43.Civil penalties. § 216-44.Criminal fines and § 216-48.Purpose and applicability. imprisonment. § 216-49.Definitions. § 216-50.Spec pollutant limitations. ARTICLE VIII § 216-51.Applicability of other Fees requirements and prohibitions. § 216-45.Charges and fees. § 21646.Assessment of charges and fees. HISTORY: Adopted by the Town Board of the Town of Ithaca 7-9-1984 as Part 3 of L.L. No. 1-1984 (Parts 1, 2 and 4 are codified as Chs. 214, 215 and 217); amended 7-13-1992 by L.L. No. 17-1992.'Subsequent amendments noted where applicable. ARTICLE I General Provisions § 216-1. Purpose; applicability. A. The purposes of this chapter are the following: (1) To set forth uniform requirements for contributors into the wastewater collection and treatment system currently owned jointly by the City of Ithaca, the Town of Ithaca, and the Town of Dryden (hereinafter collectively referred to as the "municipalities") and to enable the municipalities to comply with all applicable requirements under New York and federal law, including, without limitation, the Clean Water Act of 1977, as amended, and the General Pretreatment Regulations promulgated thereunder at 40 CFR Part 403. Additional municipalities may in the future join in the ownership of this wastewater collection and treatment system. (2) To prevent the introduction of pollutants into the municipalities' publicly owned treatment works (POTW) which will: (a) Interfere with its operations, including Interference with the use or disposal of municipal sludge; (b) Pass Through or otherwise be incompatible with the POTW; (c) Limit opportunities to recycle and reclaim municipal and industrial wastewaters and sludges; or 1. Editor's Note: Section 50 of this local law provided that it shall become effective upon approval by the US Environmental Protection Agency. 216:2 06-01-2004 SEWER USE: REQUIREMENTS FOR CONTRIBUTORS INTO § 216-1 JOINT POTW § 216-3 (d) Endanger the health or safety of sewer workers. (3) To prevent new sources of infiltration and inflow and, to the extent possible, eliminate existing sources of infiltration and inflow; and (4) To provide for equitable distribution and recovery of the cost of the municipal wastewater system. B. This chapter shall apply to all Users of the POTW in the municipalities and to persons who are, by resolution, agreement, contract, or permit with the municipalities, Special Joint Subcommittee,or POTW, Users of the POTW. §216-2. Administration. Except as otherwise provided herein, the Special Joint Subcommittee and its representative, the Chief Operator, shall have the authority to administer, implement, and enforce the provisions of this chapter. To the extent practicable and consistent with the requirements of the General Pretreatment Regulations set forth at 40 CFR Part 403, the Special Joint Subcommittee shall keep officials in the City of Ithaca, Town of Ithaca, Town of Dryden, and any other municipality which contracts with the municipalities or Special Joint Subcommittee to discharge wastewater to the POTW, reasonably informed of implementation and enforcement activities involving Users located in their respective municipalities, and shall consult with such officials in appropriate implementation and enforcement activities with respect to Users located in their respective municipalities. §216-3. Definitions and word usage. A. Definitions. Unless the context specifically indicates otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated: ACT — The Federal Water Pollution Control Act, also known as the "Clean Water Act," as amended, 33 U.S.C. § 1251 et seq., and the regulations promulgated thereunder, as amended from time to time. APPROVAL AUTHORITY— The Regional Administrator of the EPA, unless and until New York State receives EPA approval of a state pretreatment program. Once New York State receives such approval, then the Approval Authority will be the Commissioner of the DEC. AUTHORIZED REPRESENTATIVE — An authorized representative of an Industrial User shall be: (1) A responsible corporate officer, if the User is a corporation, provided that the responsible corporate officer is: (a) A president, vice president, secretary, or treasurer of the corporation in charge of a principal business function; (b) Any other person who performs similar policy- or decisionmaking functions for the corporation; or 216:3 06-01-2004 § 21673 ITHACA CODE § 216-3 (c) The manager of a facility or facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980 dollars), provided that the manager has received the authority to sign documents in accordance with corporate procedures; (2) A general partner or proprietor, if the User is a partnership or sole proprietorship, respectively; (3) A member of the governing board or executive office of a governmental entity, if the User is a governmental facility; or (4) A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facility from which the industrial discharge originates, or has overall responsibility for environmental matters for the company; provided, however, that the authorization is made in writing by the individual described above, and the written authorization is submitted to the Chief Operator. BYPASS — The intentional diversion of waste streams from any portion of an Industrial User's treatment facility. CATEGORICAL PRETREATMENT STANDARD — A National Pretreatment Standard which applies to a specific industrial subcategory and is published at 40 CFR Chapter I, Subchapter N. CFR— Code of Federal Regulations. CHIEF OPERATOR— The person appointed by the City of Ithaca and approved by the Special Joint Subcommittee to supervise the operation of the POTW, or his or her duly authorized representative, including the Pretreatment Coordinator. The Chief Operator or his or her representative shall be the Special Joint Subcommittee's authorized agent and representative in the administration and enforcement of this chapter. COOLING WATER — The water discharged from any use, such as air conditioning, cooling, or refrigeration, to which the only pollutant added is heat. DEC— The New York State Department of Environmental Conservation. DIRECT DISCHARGE — The discharge of treated or untreated wastewater directly to the waters of the State of New York or of the United States. DISCHARGE— See "Indirect Discharge." DOMESTIC SOURCE — Any residence, building, structure, facility, or installation from which there is or may be discharged to the POTW only sanitary sewage. EPA— The United States Environmental Protection Agency. FIVE-DAY BIOCHEMICAL OXYGEN DEMAND ("BODS") — The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure for five days at 20° centigrade, expressed in terms of weight and concentration [milligrams per liter (mg/1)]. 216:4 06-01-2004 SEWER USE: REQUIREMENTS FOR CONTRIBUTORS INTO § 216-3 JOINT POTW § 216-3 GARBAGE — The solid waste from the preparation, cooking, and dispensing of food, and from the handling, storage, and sale of produce. INDIRECT DISCHARGE — The introduction of pollutants into the POTW from any source, other than a Domestic Source, regulated under Section 307(b), (c), or (d) of the Act. INDUSTRIAL USER— A source of Indirect Discharge. INDUSTRIAL WASTE — Any liquid, gaseous, or solid waste substance, or a combination thereof, resulting from any process of industry, manufacturing, trade, or business, from any process related to services or activities performed by any public or private institution or facility, or from the development or recovery of any natural resources. INTERFERENCE — A discharge which, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal and which is a cause of a violation of any requirement of the POTW's SPDES Permit (including an increase in the magnitude or duration of a violation), or of the prevention of sewage sludge use or disposal by the POTW in accordance with applicable federal, state, or local statutes and regulations or permits issued thereunder, as set forth in 40 CFR 403.3(i). MUNICIPALITIES — The City of Ithaca, Town of Ithaca, and Town of Dryden, collectively, as well as any other municipalities which may in the future become owners of the Ithaca Area Wastewater Treatment Facility. "Municipality" used in the singular form shall mean any one of the municipalities. NATIONAL PRETREATMENT STANDARD, PRETREATMENT STANDARD, or STANDARD — Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b) and (c) of the Act which applies to Industrial Users, including prohibitive discharge limits established pursuant to 40 CFR 403.5, and Categorical Pretreatment Standards. NEW SOURCE — Any building, structure, facility, or installation, as described in 40 CFR 403.3(k), from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed Pretreatment Standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section. PASS-THROUGH — A discharge which exits the POTW into waters of New York State or the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW's SPDES Permit (including an increase in the magnitude or duration of a violation). PERSON — Any individual, partnership, firm, company, public or private corporation or authority, association, joint-stock company, trust, estate, governmental entity, agency or political-subdivision of a municipality, of the State of New York, or of the United States, or any other legal entity, or their legal representatives, agents, or assigns. The 216:5 06-01-2004 § 216-3 ITHACA CODE § 216-3 masculine gender shall include the feminine, and the singular shall include the plural where indicated by the context. pH — The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution. POLLUTANT — Any element or property of sewage, agricultural, industrial, commercial or municipal waste, leachate, heated effluent, dredged spoil, solid waste, incinerator residue, garbage, chemical wastes, biological materials, radioactive materials, rock, sand, and cellar dirt which is discharged into the POTW. POTW TREATMENT PLANT — That portion of the POTW designed to provide treatment (including recycling and reclamation) of municipal sewage and industrial waste. PRETREATMENT — The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, process changes, or other means, except as prohibited by 40 CFR 403.6(d). PRETREATMENT REQUIREMENT — Any substantive or procedural requirement related to Pretreatment, other than a National Pretreatment Standard, imposed on an Industrial User. [Amended 9-8-1998 by L.L. No. 11-19981 PUBLICLY OWNED TREATMENT WORKS or POTW — The treatment works, as defined by Section 212 of the Act, owned by the municipalities and known as the Ithaca Area Wastewater Treatment Facility. This definition includes any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes those sewers, pipes, and other conveyances which convey wastewater to the POTW's treatment plant. For the purposes of this chapter, POTW shall also include any sewers and other facilities that convey wastewater to the POTW treatment plant from persons who are, by permit, resolution, contract, or agreement with the municipalities, Special Joint Subcommittee, or POTW, Users of the POTW. SANITARY SEWAGE — Liquid and water-carried human and domestic wastes from residences, commercial buildings, industrial plants and institutions, exclusive of ground-, storm- and surface water and exclusive of industrial wastes. SANITARY SEWER — A sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions together with minor quantities of ground-, storm-, and surface waters that are not admitted intentionally. SEPTAGE — All liquids and solids in and removed from septic tanks, holding tanks, cesspools, or chemical toilets, including but not limited to those serving private residences, commercial establishments, industries, and institutions. Septage shall not contain pollutants which the Chief Operator determines may cause problems at the POTW. 216:6 06-01 -2004 SEWER USE: REQUIREMENTS FOR CONTRIBUTORS INTO § 216-3 JOINT POTW § 216-3 SEWER— A pipe or conduit that carries wastewater. SEWERAGE SYSTEM — Any device, equipment, or works used in the transportation, pumping, storage, treatment, recycling, and reclamation of wastewater. SIGNIFICANT INDUSTRIAL USER — All Industrial Users subject to Categorical Pretreatment Standards, and any other Industrial User that discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater); contributes a process waste stream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or is designated as such by the Chief Operator on the basis that the Industrial User has a reasonable potential for adversely affecting the POTW's operation or for violating any Pretreatment Standard or Requirement. Upon a finding that an Industrial User meeting the foregoing criteria has no reasonable potential for violating any Pretreatment Standard or Requirement or for adversely affecting the POTW's operation, the Chief Operator may at any time, upon his or her own initiative or in response to a petition received from an Industrial User, and in accordance with 40 CFR 403.8(f)(6), determine that such Industrial User is not a significant Industrial User. Such a determination may not be made, however, if the Industrial User is subject to a Categorical Pretreatment Standard. SLUDGE — Waste containing varying amounts of solid contaminants removed from water, sanitary sewage, wastewater or industrial wastes by physical, chemical, or biological treatment. SLUG — Any discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill or noncustomary batch discharge. SPDES PERMIT — A State Pollutant Discharge Elimination System permit issued pursuant to Section 402 of the Act, 33 U.S.C. § 1342, and Article 17 of the New York Environmental Conservation Law. SPECIAL JOINT SUBCOMMITTEE— A subcommittee of the City of Ithaca's Board of Public Works which is charged with oversight of the POTW, as provided for by agreement among the City of Ithaca and Towns of Ithaca and Dryden. This subcommittee currently consists of representatives from the City of Ithaca and Towns of Ithaca and Dryden, and may in the future include representatives from other municipalities which become joint owners of the POTW. SUSPENDED SOLIDS — The total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering in accordance with the current Standard Methods. TOXIC POLLUTANT — Any pollutant or combination of pollutants listed as toxic in regulations promulgated by EPA under Section 307(a) of the Act, or other Acts, or in regulations promulgated under New York State law. USER — Any Domestic Source or Industrial User which discharges wastewater to the POTW. 216:7 06-01-2004 § 216-3 ITHACA CODE § 216-5 WASTEWATER — The liquid and water-carried industrial, non-domestic or domestic wastes, including sewage, industrial waste, other wastes, or any combination thereof, from dwellings, commercial buildings, industrial facilities, and institutions, together with any groundwater, surface water, and stormwater that may be present, whether treated or untreated, which is discharged into the POTW. WASTEWATER DISCHARGE PERMIT or PERMIT — The document issued to Industrial Users by the Chief Operator for the discharge of wastewater, as set forth in § 216-15 of this chapter. WATERS OF THE STATE — All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, border upon, or are within the jurisdiction of the state. B. Word usage. "Shall" is mandatory; "may" is permissive. ARTICLE H Regulation of Wastewater Discharges §216-4. General discharge prohibitions. A. No User may introduce into the POTW any pollutant(s) which cause Pass Through or Interference. These general prohibitions and the specific prohibitions in § 216-5 of this chapter apply to each User introducing pollutants into the POTW whether or not the User is subject to National Pretreatment Standards or any other national, state, or local Pretreatment Requirements. B. An Industrial User shall have an affirmative defense in any action brought against it alleging Pass Through or Interference where the Industrial User can demonstrate that it did not know or have reason to know that its discharge, alone or in conjunction with discharges from other sources, would cause Pass Through or Interference, and either: (1) The Industrial User was in compliance with the local limits for each pollutant that caused Pass Through or Interference directly prior to and during the Pass Through or Interference; or (2) If no local limits for the pollutant(s) which caused Pass Through or Interference have been developed, the Industrial User's discharge directly prior to and during the Pass Through or Interference did not change substantially in nature or constituents from the User's prior discharge activity when the POTW was regularly in compliance with its SPDES Permit requirements and applicable requirements for sewage sludge use or disposal. §216-5. Specific discharge prohibitions. In addition to the provisions of § 216-4 above, the following discharges to the POTW by any User are specifically prohibited: 216:8 06-01-2004 SEWER USE: REQUIREMENTS FOR CONTRIBUTORS INTO § 216-5 JOINT POTW § 216-5 A. Storm- and surface waters, roof runoff, and subsurface drainage. These discharges shall be made only to such sewers as are specifically designated by the Chief Operator as storm sewers, or directly to waters of the state, as may be permitted under an applicable SPDES Permit. All existing discharges to the POTW of such waters shall be disconnected within 120 days of the effective date of this chapter. Groundwater and noncontact cooling water may be discharged to the POTW only if so authorized by a Wastewater Discharge Permit, and only if the Chief Operator determines that sufficient hydraulic reserve capacity exists at the POTW to accommodate such discharges. Authorization for such discharges may be revoked by the Chief Operator in his discretion at any time if he or she determines that the POTW's reserve capacity is no longer sufficient or is needed for other potential discharges, or that such discharge is detrimental in any way to the POTW. Existing unpermitted discharges of groundwater and noncontact cooling water shall be disconnected within 120 days of the effective date of this chapter. B. Any liquids, solids, or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause a fire or explosion hazard in the POTW or be injurious in any other way to the POTW, its operation, or the health or safety of the POTW's workers. At no time shall a User discharge a waste stream with a closed cup flashpoint of less than 140° Fahrenheit or 60° centigrade using the test methods specified in 40 CFR 261.21. Unless specifically authorized to do so by permit, no User shall discharge any quantity of the following materials: gasoline, kerosene, naphtha, benzene, toluene, xylene, fuel oil, ethers, ketones, aldehydes, chlorates, perchlorates, bromates, carbides, hydrides and sulfides, dry cleaning fluids, and any other substance which the Chief Operator, DEC, or the EPA has notified the User is a fire hazard or explosive hazard to the system. The preceding list of substances is not a comprehensive list of prohibited substances. If a substance meets the general criteria set out in the first two sentences of this subsection, it is prohibited. [Amended 9-8-1998 by L.L.No. 11-19981 C. Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers or other Interference with the proper operation of the POTW including, but not limited to, grease, garbage with particles greater than 1/2 inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, rubber, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes. D. Wastewater having a pH less than 5.5 standard units, or greater than 11.0 standard units, or wastewater having any other corrosive or caustic property capable of causing damage or hazard to structures, equipment, and/or personnel at the POTW. Wastewater having a pH greater than 9.5 standard units, but in no case greater than 11.0 standard units, may be discharged to the POTW only if so authorized by a Wastewater Discharge Permit, and only if the Chief Operator determines that the wastewater will not pose a hazard to or harm the POTW or treatment plant workers, will not cause Pass Through or Interference, and will not raise the costs of operating the POTW. 216:9 06-01-2004 § 216-5 ITHACA CODE § 216-6 E. Wastewater containing pollutants in sufficient quantity or concentration to cause the discharge of toxic pollutants in toxic amounts from the POTW into its receiving waters, or to exceed the limitations set forth in a National Pretreatment Standard, in a Pretreatment Requirement, including the pollutant limitations referenced herein at § 216-6, or in a Wastewater Discharge Permit issued pursuant to this chapter. F. Any pollutants which, either singly or by interaction with other wastes, result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause POTW worker health and safety problems, or which create a public nuisance, or which create conditions sufficient to prevent entry into the sewers or other portions of the POTW for maintenance and repair. G. Any substance which may cause the POTW's effluent or other product of the POTW such as residues, sludges, or scums, to be unsuitable for disposal in any manner permitted by law or for reclamation and reuse, or to interfere with the reclamation process. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines, or regulations developed under Section 405 of the Act; or with any criteria, guidelines, or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, or state criteria applicable to the sludge management method being used. H. Any pollutants, including oxygen demanding pollutants (BOD, etc.) released in a discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW. I. Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions. J. Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW treatment plant exceeds 40° centigrade (104° Fahrenheit). [Amended 9-8-1998 by L.L. No. 11-19981 K. Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits necessary to comply with applicable state or federal regulations. L. Any sludges or deposited solids resulting from an industrial pretreatment process. Sludges from food processing pretreatment processes may be discharged only if specifically allowed by permit. M. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause Interference or Pass Through. N. Any trucked or hauled pollutants, except at discharge points designated by the POTW. §216-6. Specific pollutant limitations. In addition to the discharge prohibitions set forth in §§ 216-4 and 216-5 above, the POTW has developed specific discharge limitations, hereafter referred to as local limits, to prevent 216:10 06-01-2004 SEWER USE: REQUIREMENTS FOR CONTRIBUTORS INTO § 216-6 JOINT POTW § 216-10 Pass Through and Interference and to protect the safety and health of POTW workers. In no case shall a User's discharge to the POTW violate the local limits, as they may be amended from time to time, and which are set forth in separate laws adopted by the municipalities. §216-7. Categorical Pretreatment Standards. [Amended 9-8-1998 by L.L. No. 11-1998] Categorical Pretreatment Standards which EPA has promulgated for specific industrial subcategories are hereby incorporated by reference. Where Categorical Pretreatment Standards are more stringent than the local limits, Industrial Users in those subcategories shall comply with the more stringent Categorical Pretreatment Standards in accordance with the compliance timetables for each Categorical Pretreatment Standard mandated by EPA. If EPA modifies an existing Categorical Pretreatment Standard or promulgates a new Categorical Pretreatment Standard for a particular industrial subcategory, and that modified or new Categorical Pretreatment Standard contains limitations more stringent than the local limits, then upon its effective date the modified or new Categorical Pretreatment Standard shall immediately supersede, for Industrial Users in that subcategory, the local limits. The Chief Operator shall notify all affected Industrial Users of the applicable requirements under the Act, as well as of all requirements imposed by Subtitles C and D of the Resource Conservation and Recovery Act. § 216-8. Modification of Categorical Pretreatment Standards. A. Pursuant to 40 CFR 403.7, where the POTW achieves consistent removal of pollutants limited by a Categorical Pretreatment Standard, the Special Joint Subcommittee may apply to the Approval Authority for modification of the discharge limits for a specific pollutant covered in the relevant Categorical Pretreatment Standard in order to reflect the POTW's ability to remove said pollutant. The Special Joint Subcommittee may modify pollutant discharge limits contained in a Categorical Pretreatment Standard only if the requirements of 40 CFR 403.7 are fulfilled and prior approval from the Approval Authority is obtained. B. Pursuant to 40 CFR 403.13, an Industrial User may apply to the Approval Authority for a fundamentally different factors variance from an applicable Categorical Pretreatment Standard if the factors relating to its discharge are fundamentally different from the factors considered by EPA in establishing the standard. Such a variance can not be granted without the approval of the Approval Authority. §216-9. State requirements. Requirements and limitations on discharges set by the DEC shall apply in any case where they are more stringent than federal requirements and limitations or local limits. §216-10. Right of revision. The municipalities reserve the right to establish by amendment to this or other local laws more stringent limitations or requirements on discharges to the POTW if deemed necessary to comply with the objectives presented in § 216-90A of this chapter. The Chief Operator also 216:11 06-01-2M § 216-10 ITHACA CODE § 216-14 has the right to require a specific Industrial User to comply with more stringent limitations or requirements than appear in this or other laws if deemed necessary to comply with the objectives presented in § 216-1A of this chapter. No variances from the limitations or requirements in this chapter or other local laws will be allowed without approval of both the Chief Operator and the Approval Authority. §216-11. Dilution prohibited in absence of treatment. Except where expressly authorized to do so by an applicable Pretreatment Standard or Pretreatment Requirement, no Industrial User shall ever increase the use of process water or in any other way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with either a Pretreatment Standard or Pretreatment Requirement. §216-12. Alternative discharge limits. A. Where appropriate, the Chief Operator may impose mass limitations, concentration limitations, or both types of limitations on an Industrial User's discharge. Mass limitations shall not be less stringent than the equivalent concentration-based limitations set forth in any applicable Pretreatment Standard or Pretreatment Requirement. B. Where wastewater from a process regulated by a Categorical Pretreatment Standard is mixed prior to treatment with wastewaters other than those generated by the regulated process, the Chief Operator may fix alternative discharge limits applicable to the mixed effluent. Such alternative discharge limits shall be derived by using the combined waste stream formula as specified in 40 CFR 403.6(e). §216-13. Pretreatment. Each Industrial User shall provide necessary wastewater treatment as required to comply with the requirements of this chapter, including all National Pretreatment Standards and Pretreatment Requirements. Any facilities required to pretreat wastewater to a level which will achieve compliance with this chapter shall be provided, operated, and maintained at the User's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Chief Operator for review, and shall be acceptable to the Chief Operator before construction of the facility. The review of such plans and operating procedures will in no way relieve the User from the responsibility of modifying the facility as necessary to produce an effluent which complies with the provisions of this chapter, including compliance with Pretreatment Standards or Pretreatment Requirements. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the Chief Operator prior to the User's initiation of such changes. Bypasses are prohibited, except as allowed by 40 CFR 403.17. §216-14. Accidental discharges. A. Plans and procedures. All permitted Industrial Users, and all other Industrial Users which store or use on-site any substance which, if discarded, would be considered hazardous 216:12 06-01-2004 SEWER USE: REQUIREMENTS FOR CONTRIBUTORS INTO § 216-14 JOINT POTW § 216-15 waste, as that term is defined by the Resource Conservation and Recovery Act and its regulations, shall undertake measures to prevent the accidental discharge to the POTW of prohibited materials or other substances regulated by this chapter. Facilities to prevent the accidental discharge of prohibited materials and other substances shall be provided and maintained at the Industrial User's own expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Chief Operator for review, and shall be approved by the Chief Operator before construction of the facility. All existing Industrial Users required to undertake accidental discharge prevention measures shall submit such a plan within 60 days of the effective date of this chapter. No Industrial User which commences discharging into the POTW after the effective date of this chapter and required to submit such a plan shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the Chief Operator. Review and approval of such plans and operating procedures shall not relieve the Industrial User of the responsibility to modify the User's facility as necessary to meet the requirements of this chapter. B. Telephone notice. In the case of an accidental discharge by any Industrial User, it is the responsibility of the Industrial User to telephone immediately and notify the Chief Operator of the incident. The notification shall include location of discharge, type of waste, concentration and volume of pollutants and wastewater, and any and all corrective actions taken by the User. C. Written notice. Within five days following an accidental discharge, the Industrial User shall submit to the Chief Operator a detailed written report describing the cause of the discharge and the measures which have been and shall be taken by the User to prevent similar future occurrences. Such notification shall not relieve the Industrial User of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to persons, animals, aquatic life, property, or natural resources; nor shall such notification relieve the Industrial User of any fines, civil penalties, or other liability which may be imposed by this chapter or other applicable law. D. Notice to employees. A notice shall be permanently posted on the Industrial User's bulletin board or other prominent place advising employees whom to call in the event of an accidental discharge. Employers shall ensure that all employees who may cause or allow such a discharge to occur, or who may know or have reason to know thereof, are advised of the emergency notification procedures. ARTICLE III Wastewater Discharge Permits §216-15. Permit required. All significant Industrial Users, and all other Industrial Users which discharge any conventional pollutants in excess of the surcharge threshold levels described in § 21647 below, shall obtain and maintain current Wastewater Discharge Permits. All Industrial Users whose discharges are of a type specifically identified in this chapter as requiring a Wastewater Discharge Permit (such as, for example, a discharge with a pH greater than 9.0 standard units, 216:13 06-01-2004 § 216-15 ITHACA CODE § 216-16 or a discharge of noncontact cooling water) shall also obtain and maintain current permits. Existing Industrial Users which are required to but do not have a current Wastewater Discharge Permit as of the effective date of this chapter shall apply to the Chief Operator for such a permit within 30 days after the effective date of this chapter. Existing Industrial Users which are not required as of the effective date of this chapter to obtain such a permit, but which thereafter become required to obtain such a permit, shall file an application for said Wastewater Discharge Permit with the Chief Operator within 30 days of notification by the Chief Operator that the User must obtain a permit. All Industrial Users which are required to have such a permit and which propose to begin discharging wastewater to the POTW after the effective date of this chapter shall obtain a Wastewater Discharge Permit before commencing such a discharge. An application for said Wastewater Discharge Permit shall be filed with the Chief Operator at least 60 days prior to the proposed connection or discharge to the facility. The requirement to obtain said industrial wastewater permits shall be in addition to the requirements to obtain sewer connection or other permits which may be set forth in other laws. §216-16. Permit application requirements. A. To obtain a new Wastewater Discharge Permit, or to renew an expiring permit, the Industrial User shall complete and file with the Chief Operator an application in the form prescribed by the Chief Operator, and accompanied by the appropriate fee as indicated on the application. In support of the application for a Wastewater Discharge Permit, the Chief Operator may require the Industrial User to submit, in units and terms appropriate for evaluation, the following information: (1) Name, address, and location of the User(if different from the address); (2) SIC number with at least three digits according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended; (3) Wastewater constituents and characteristics, including, but not limited to, the concentrations of pollutants referenced in §§ 216-6 and 216-47 of this chapter, as determined by a New York Department of Health-certified analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(h) of the Act and contained in 40 CFR Part 136, as amended, and results of said sampling and analysis, identifying the nature and concentration of regulated pollutants contained in each regulated discharge stream, shall be attached as exhibits to the application; (4) Time and duration of discharges; (5) Average daily and maximum daily wastewater flow rates, identified separately by regulated discharge streams, and including daily, monthly, and seasonal variations, if any; (6) Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, sewer connections, and appurtenances by size, location, and elevation; 216:14 06-01-WN SEWER USE: REQUIREMENTS FOR CONTRIBUTORS INTO § 216-16 JOINT POTW § 216-16 (7) Description of activities, facilities, and plant processes on the premises, including all materials which are or could be discharged; (8) Where known, the nature and both daily maximum and average concentrations of any pollutants in the discharge which are limited by any applicable National Pretreatment Standards or Pretreatment Requirements, and a statement regarding whether or not any applicable Pretreatment Requirement or Pretreatment Standard is being met on a consistent basis and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the Industrial User to meet the applicable Pretreatment Standard or Pretreatment Requirement; (9) If additional pretreatment and/or O&M will be required to meet the above-described Pretreatment Standards or Pretreatment Requirements, the shortest schedule by which the Industrial User will provide such additional Pretreatment or O&M, which shall not be later than the compliance date established for the applicable Pretreatment Standard or Pretreatment Requirement: (a) The following conditions shall apply to this schedule: [1] The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional Pretreatment required for the Industrial User to meet the applicable Pretreatment Standard or Pretreatment Requirement (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, attaining and maintaining compliance, etc.). [2] No increment referred to in Subsection A(9)(a)[1] shall exceed nine months. [3] Not later than 14 days following each date in the schedule and the final date for compliance, the Industrial User shall submit a progress report to the Chief Operator including, at a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the Industrial User to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the Chief Operator. (10) Each product produced by the User, if any, by type, amount, process or processes and rate of production; (11) Type and amount of raw materials processed by the User (average and maximum per day); (12) Number and type of User's employees, User's hours of operation and proposed or actual hours of operation of Pretreatment system; (13) Completed New York State industrial chemical survey; 216:15 06-01 -2004 § 216-16 ITHACA CODE § 216-17 (14) Name, title, and telephone number of the authorized representative of the Industrial User; (15) Any other information as may be deemed by the Chief Operator to be necessary to evaluate the permit application. B. The Chief Operator shall evaluate the data furnished by the Industrial User and may require additional information. After evaluation and acceptance of the data furnished, the Chief Operator may issue a Wastewater Discharge Permit subject to terms and conditions provided herein. §216-17. Permit conditions. Wastewater discharge permits shall be expressly subject to all provisions of this chapter and all other applicable laws and regulations established by the municipalities or Special Joint Subcommittee. In addition, Wastewater Discharge Permits may contain the following: A. The unit charge or schedule of User charges and fees for the wastewater to be discharged to the POTW; B. Limits on average and maximum wastewater constituents and characteristics, based on applicable National Pretreatment Standards and Pretreatment Requirements; C. Limits on average and maximum rate and time of discharge, and requirements for flow measurement, regulation, and equalization; D. Requirements for installation and maintenance of pretreatment facilities and of inspection and sampling facilities; E. Specifications for monitoring programs which may include specification of pollutants to be monitored, sampling locations, frequency of sampling, number, types and standards for tests and reporting schedules; F. Compliance schedules for the installation of pretreatment equipment and performance of O&M (but in no event may a compliance deadline in a permit be later than a National Pretreatment Standard compliance deadline); G. Requirements for submission of reports, including technical reports and discharge reports; H. Requirements for maintenance and retention of records relating to wastewater discharges and pretreatment equipment operation and maintenance records for a minimum of three years, and affording the Chief Operator access thereto for inspection and copying; I. Requirements for advance notification to the Chief Operator of any change in operations, and for advance approval by the Chief Operator of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater disposal system; 216:16 06-01-2004 SEWER USE: REQUIREMENTS FOR CONTRIBUTORS INTO § 216-17 JOINT POTW § 216-19 J. Requirements for immediate notification to the Chief Operator of all discharges that could cause problems to the POTW, including any slug discharges and any other accidental discharges; K. A statement of the Chief Operator's right to enter Industrial Users' premises and inspect their facilities and operations; L. A statement of permit duration in accordance with § 216-19 hereof, and in no case more than five years; M. A statement of permit transferability in accordance with § 216-20 hereof; N. A statement of applicable civil and criminal penalties for violation of Pretreatment Standards and Pretreatment Requirements, and of any applicable compliance schedule; O. A list of any environmental control permits held by or for the User; and [Added 9-8-1998 by L.L.No. 11-19981 P. Other conditions as deemed appropriate by the Chief Operator to ensure compliance with this chapter and the Act. §216-18. Permit modifications. A. Wastewater discharge permits may be modified by the Chief Operator upon 30 days' notice to the permittee. Modifications may be made for the following, or other similar, reasons: (1) Promulgation of or changes to a Pretreatment Standard or Pretreatment Requirement; (2) Changes in processes used by the permittee, or changes in discharge volume or character; (3) Changes in design or capability of any part of the POTW; (4) Changes to the POTW's SPDES Permit; and (5) Discovery that the permitted discharge causes or contributes to Pass Through or Interference at the POTW or poses a risk to POTW worker health or safety. B. Any modifications or amendments to the Wastewater Discharge Permit which include more stringent limitations than those contained in the prior permit may include a reasonable time schedule for compliance therewith, but no compliance deadline therein shall be later than the deadline for compliance with an applicable Categorical Pretreatment Standard. § 216-19. Duration of permits. Wastewater discharge permits shall be issued for a specified time period not to exceed five years. A Wastewater Discharge Permit may be issued for a period less than a year or may be stated to expire on a specific date. An Industrial User shall apply for Wastewater Discharge 216:17 06-01 -2004 § 216-19 ITHACA CODE § 216-22 Permit reissuance, on a form prescribed by the Chief Operator, at least 90 days prior to the expiration of the User's existing permit. If a timely and complete application is made for permit reissuance, and the permit is not reissued before the existing permit expires, then the terms of the User's existing permit shall remain in effect after its expiration date until the permit is reissued. §216-20. Permit transfer. Wastewater discharge permits are issued to a specific Industrial User for a specific operation. A Wastewater Discharge Permit shall not be reassigned, transferred, or sold to a new owner, new User, or be applicable to different premises or to a new or changed operation without the approval of the Chief Operator, which must be obtained in writing at least 30 days in advance of the proposed transfer date. No such approval shall be granted absent submission to the Chief Operator of a written agreement between the existing and proposed new permittee which sets forth the date for and terms of the transfer of the Wastewater Discharge Permit and all responsibilities, obligations, and liabilities thereunder. Any succeeding owner or User shall comply with the terms and conditions of the existing Wastewater Discharge Permit and all of the terms and requirements of this chapter. §216-21. Permit decisions. A. The Chief Operator shall provide all interested persons with notice of decisions concerning the issuance, modification, or transfer of Wastewater Discharge Permits. Any person, including the Industrial User to whom the Wastewater Discharge Permit was issued, may petition the Special Joint Subcommittee for review of the Wastewater Discharge Permit issuance, modification, or transfer decision within 20 days of the date on which the decision was issued. Failure to submit a timely petition for review shall be deemed to be a waiver of Wastewater Discharge Permit review, and the Chief Operator's decision shall become final. B. A petition for review must set forth the Wastewater Discharge Permit provisions or decision objected to, the reasons for the objection, and the alternative provisions, if any, which the petitioner seeks to have included in the Wastewater Discharge Permit. C. The effectiveness of a Wastewater Discharge Permit shall not be stayed pending the Special Joint Subcommittee's review of the petition. The Special Joint Subcommittee's decision concerning the petition for review shall be a final administrative action. ARTICLE IV Reporting Requirements; Monitoring; Inspections §216-22. Reporting requirements. A. All Industrial Users must submit the reports required by 40 CFR Part 403 or the Chief Operator. The Chief Operator shall specify the content of such reports to the Industrial Users. B. These reports include the following: 216:18 06-01-2004 SEWER USE: REQUIREMENTS FOR CONTRIBUTORS INTO § 216-22 JOINT POTW § 216-22 (1) Baseline monitoring reports, to be submitted by existing Industrial Users subject to Categorical Pretreatment Standards within 180 days after the effective date of the Categorical Pretreatment Standard. These reports are to be submitted by new sources and sources that become Industrial Users after the promulgation of an applicable Categorical Pretreatment Standard; at least 90 days prior to commencement of discharge. These reports shall contain the information required in 40 CFR 403.12(b), including a statement whether Pretreatment Standards are being met on a consistent basis, and, if not, whether additional O&M and/or additional pretreatment is required for the Industrial User to meet the Pretreatment Standards and Requirements. This statement shall be reviewed by an Authorized Representative of the Industrial User and certified to by a qualified professional. [Amended 9-8-1998 by L.L. No. 11-1998] (2) Report on compliance with Categorical Pretreatment Standards, to be submitted by existing sources within 90 days following the date for final compliance with an applicable Categorical Pretreatment Standard, or in the case of a new source, following commencement of the introduction of wastewater into the POTW. This report shall contain the information required in 40 CFR 403.12(d), including the nature and concentration of all pollutants in the discharge from each regulated process, and the average and maximum daily flow for these process streams. This report further shall state whether Pretreatment Standards are being met on a consistent basis, and, if not, whether additional O&M and/or additional Pretreatment is required for the Industrial User to meet the Pretreatment Standards and requirements. This statement shall be reviewed by an authorized representative of the Industrial User and certified to by a qualified professional. [Amended 9-8-1998 by L.L. No. 11-19981 (3) Periodic reports on continued compliance, to be submitted by all permitted Industrial Users subject to Pretreatment Standards or Pretreatment Requirements after the compliance date of such standard or Pretreatment Requirement, or, in the case of a new source, after commencement of the discharge into the POTW. All such Industrial Users shall submit such reports to the Chief Operator during the months of June and December, unless required more frequently or at different times in the Pretreatment Standard, Pretreatment Requirement, or by the Wastewater Discharge Permit. All Industrial Users must include in such reports all sampling results for pollutants limited by a Pretreatment Standard, Pretreatment Requirement, or Wastewater Discharge Permit, if the sampling and analyses were performed in accordance with § 216-24 of this chapter, even if the sampling was performed more frequently than required by the Pretreatment Standard, Pretreatment Requirement, or Wastewater Discharge Permit. In addition, such reports shall include a record of measured or estimated average and maximum daily flows for the reporting period. [Amended 9-8-1998 by L.L. No. 11-1998] (4) Compliance Schedule Reports, to be submitted by all Industrial Users required to submit compliance schedules or who have compliance schedules imposed on them by the Chief Operator. (5) Notification in advance of any substantial change in the volume or character of pollutants in an Industrial User's discharge, including the listed or characteristic 216:19 06-01-2004 § 216-22 I THACA CODE § 216-22 hazardous wastes for which the Industrial User has submitted initial notification pursuant to Subsection B(11) of this chapter, to be submitted by all Industrial Users. No Industrial User shall introduce new wastewater constituents or substantially change the volume or character of its wastewater constituents without such advance notification and advance written approval of the Chief Operator. (6) Notification of change in production level, to be submitted by Industrial Users operating under a permit incorporating equivalent mass or concentration limits calculated from a production based standard. These notifications shall be submitted to the Chief Operator within two business days after the Industrial User has a reasonable basis to know that the production level will significantly change within the next calendar month. (7) Notification of discharges that could cause potential problems to the POTW, including slug loadings and accidental discharges, to be submitted by all Industrial Users to the POTW immediately when the slug loading or discharge containing the potential problem occurs. If the immediate notification is oral, a written notice specifying the nature and cause of the discharge, and steps taken to eliminate the cause, must be submitted to the POTW within five days. (8) Notification of violation, as described in § 216-24 below. (9) Upset notifications, to be submitted by Industrial Users subject to Categorical Pretreatment Standards. Such an Industrial User may avail itself of the upset provisions of 40 CFR 403.16 only where there is an exceptional incident in which there is unintentional and temporary noncompliance with the Categorical Pretreatment Standard because of factors beyond the reasonable control of the Industrial User. The upset notification must be submitted to the Chief Operator within 24 hours of the Industrial User's becoming aware of the upset (if this information is provided orally, a written submission must be provided within five days), and the Industrial User must comply with all requirements of 40 CFR 403.16. (10) Bypass notification, to be provided by all Industrial Users in advance of the bypass, if possible, or within 24 hours from the time the Industrial User becomes aware of the bypass, if the bypass is unanticipated. The Industrial User must further comply with all of the requirements regarding bypass set forth in 40 CFR 403.17. (11) Notification of hazardous waste discharge: (a) Requirements. [1] All Industrial Users shall notify the Chief Operator, the EPA Regional Waste Management Division Director, and the Director of DEC's Division of Hazardous Substance Regulation in writing of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification shall include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge 216:20 06-01-2004 SEWER USE: REQUIREMENTS FOR CONTRIBUTORS INTO § 216-22 JOINT POTW § 216-22 (continuous, batch, or other). If the Industrial User discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information to the extent such information is known and readily available to the Industrial User: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month, and an estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months. [2] All existing Industrial Users shall have filed such notifications by February 19, 1991. All Industrial Users who commence discharging after August 23, 1990, shall file the notification no later than 180 days after the discharge of the listed or characteristic hazardous waste. Any notification under this section need be submitted only once for each hazardous waste discharged. However, all Industrial Users must notify the Chief Operator in advance, in accordance with Subsection B(5) of this chapter, of any change in their wastewater discharges. The notification requirement set forth herein does not apply to any pollutants already reported under the self-monitoring requirements set forth in Subsection B(1), (2), and (3) above. (b) Industrial Users are exempt from the requirements of Subsection B(11)(a) during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the Industrial User discharges more than such quantities of any hazardous waste do not require additional notification. (c) In the case of any new regulations under Section 3001 of the Resource Conservation and Recovery Act identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the Industrial User must notify the Chief Operator, the EPA Regional Waste Management Waste Division Director, and the Director of DEC's Division of Hazardous Substance Regulation of the discharge of such substance within 90 days of the effective date of such regulations. (d) In the case of any notification made under this section, the Industrial User shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical. 216:21 06-01-2004 § 216-23 ITHACA CODE § 216-24 §216-23. Signatory requirements. A. All reports required to be submitted to the Chief Operator shall include the following certification statement: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the inforrnation submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." B. This certification statement shall be signed by an authorized representative of the Industrial User. §216-24. Monitoring and analysis. ` A. If the Industrial User's sampling indicates a violation, the User shall notify the Chief Operator within 24 hours of becoming aware of such violation. The User shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Chief Operator within 30 days after becoming aware of the violation. The Industrial User is not required to resample, however, if the Chief Operator performs sampling at the Industrial User's facility at a frequency of at least once per month, or if the Chief Operator performs sampling at the Industrial User's facility between the time when the Industrial User performs its initial sampling and the time when said User receives the results of the sampling. B. The frequency and location of monitoring shall be prescribed in the Wastewater Discharge Permit and shall not be less frequent than prescribed in § 216-22B(1)(c). At the discretion of the Chief Operator, the required monitoring and analysis may be performed by the POTW in lieu of the Industrial User, in which event the Industrial User is not required to submit the report or compliance certification required therein. C. All analyses shall be performed in accordance with procedures established by the EPA pursuant to Section 304(h) of the Act and contained in 40 CFR Part 136 and amendments thereto, or with any other test procedures approved by the EPA. Sampling shall be performed in accordance with the techniques approved by the EPA and shall be performed in such a manner and at such a time that the resulting analytical data is representative of conditions occurring during the reporting period. Samples of the Industrial User's wastewater discharges shall be collected at each point of discharge to the POTW sewerage system. Where 40 CFR Part 136 does not include sampling or analytical techniques for the pollutants in question, or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed using validated analytical methods or 216:22 06-01-2004 SEWER USE: REQUIREMENTS FOR CONTRIBUTORS INTO § 216-24 JOINT POTW § 216-26 any other sampling and analytical procedures, including procedures suggested by the Chief Operator or other parties, approved by the EPA. §216-25. Recordkeeping requirements. A. All Industrial Users shall maintain records of all information resulting from any monitoring activities of wastewater discharges. (1) Such records shall include for all samples: (a) The date, exact place, method, and time of sampling and the names of the person or persons taking the samples; (b) The dates analyses were performed; (c) Who performed the analyses; (d) The analytical techniques/methods used; and (e) The results of such analyses. (2) All Industrial Users shall also maintain records regarding pretreatment equipment operation and maintenance. B. All Industrial Users shall keep copies of all such records and reports of operation and maintenance, and monitoring activities and results, for a minimum of three years. The records and reports of monitoring activities and results shall be maintained regardless of whether such monitoring activities are required by this chapter or the Act. Each Industrial User shall make all records required to be maintained available for inspection and copying by EPA, DEC, and the Chief Operator. This period of retention shall be extended during the course of any unresolved litigation regarding the discharge of pollutants by the Industrial User or the POTW, or when requested by EPA, DEC, or the Chief Operator. §216-26. Monitoring facilities. The Chief Operator may require any Industrial User to provide, operate and maintain, at the Industrial User's own expense, sampling, monitoring and/or metering facilities at the point or points in the facility selected by the Chief Operator to allow inspection, sampling, and flow measurement of discharges to the sewerage system and/or internal piping systems. Sampling and monitoring facilities may be located as approved by the Chief Operator to allow direct access by POTW personnel without the necessity of notice to the Industrial User. There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The sampling and monitoring facilities shall be provided in accordance with the Chief Operator's requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification to the Industrial User by the Chief Operator that such facilities must be built. 216:23 06-01-2004 § 216-27 ITHACA CODE § 216-29 §216-27. Inspection and sampling. A. The Chief Operator may inspect the facilities of any Industrial User to ascertain whether the purposes and requirements of this chapter and the Act are being met. Persons or occupants of premises where wastewater is created or discharged, or where records pertaining to such discharges are kept, shall allow POTW representatives ready access at all times to all parts of the premises for the purposes of inspection, sampling, records examination and copying, or the performance of any of their other duties. The Chief Operator, EPA, and DEC shall have the right to set up without notice on the User's property such devices as are necessary to conduct sampling, inspection, compliance monitoring, metering operations, and records copying. Where a User has security measures in force which would require proper identification and clearance before entry into its premises, the User shall make necessary arrangements with its security guards so that upon presentation of suitable identification, personnel from the POTW, EPA, and DEC, or their designated agents, will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. B. Where so requested in advance by an Industrial User, and when taking a sample of industrial wastewater, the POTW representative shall gather sufficient volume of sample when practicable so that the sample can be split into two equal volumes. One of the volumes shall be given to the Industrial User, and the other shall be retained by the POTW representative for analysis. §216-28. Slug control plans. At least once every two years, the Chief Operator shall evaluate whether each significant Industrial User needs a plan to control slug discharges. The significant Industrial User shall comply with the provisions of any such slug control plan which the Chief Operator determines to be necessary, including, but not limited to: A. A description of discharge practices, including nonroutine batch discharges; B. A description of stored chemicals; C. Procedures for immediately notifying the POTW of slug discharges, including any discharge that would violate a prohibition under 40 CFR 403.5(b), with procedures for follow-up written notification within five days; and D. If necessary, procedures to prevent adverse impact from accidental spills, including those procedures set forth in 40 CFR 403.8(f)(2)(v)(D). §216-29. Confidential information. A. In accordance with 40 CFR 403.14, any information and data concerning a User which is contained in or obtained from reports, questionnaires, permit applications, permits, monitoring programs, and inspections shall be available to the public and governmental agencies without restriction, unless the User specifically claims, and is able to demonstrate to the satisfaction of the public official with custody of the records, that the release of such information would divulge information, processes or methods of 216:24 06-01-2M SEWER USE: REQUIREMENTS FOR CONTRIBUTORS INTO § 216-29 JOINT POTW § 216-32 production entitled to protection as trade secrets of the User. Any such claim of confidentiality must be asserted at the time of submission in the manner prescribed on the application form or instructions or by stamping or writing the words "CONFIDENTIAL BUSINESS INFORMATION" on each page containing such information. If no claim is made, such public official may make the information available to the public without further notice. B. Notwithstanding any claim of confidentiality, any information and data provided to the Chief Operator which is effluent data, as defined at 40 CFR 2.302 (including, but not limited to, wastewater constituents and characteristics), shall be available to the public without restriction. All other information and data shall be available to the public at least to the extent provided by 40 CFR 2.302. C. Information determined by the public official with custody of the records to be confidential shall not be made available for inspection by the public, except as provided by 40 CFR 2.302, but shall be made available upon written request to governmental agencies for uses related to this chapter and the POTW's SPDES Permit. Information determined to be confidential shall be available for use by the state or any state agency, the municipalities, the Special Joint Subcommittee, the POTW, or by the United States or EPA in criminal or civil judicial or administrative enforcement proceedings involving the User. ARTICLE V Septage Discharges §216-30. Septage hauler requirements. No person shall discharge septage into the POTW's treatment plant without a valid DEC permit issued under 6 NYCRR Part 364 and a Wastewater Discharge Permit issued by the POTW. Before discharging a load of septage into the treatment plant, the septage hauler shall provide the POTW with a list of persons and facilities from which the hauler picked up septage for that load, a statement of the volume and nature of the septage, and any other information requested by the Chief Operator. §216-31. Septage discharge requirements. No person shall discharge into the POTW's treatment plant any septage containing hazardous wastes. The Chief Operator has the discretion to refuse to accept any septage load based on the type, concentration, or quantity of pollutants, or on the capability or capacity of the POTW to treat the septage. All septage discharges must comply with all Pretreatment Standards and Pretreatment Requirements. §216-32. Dumping location and timing. No person may discharge septage to any locations except those on the POTW treatment plant site designated by the POTW as septage receiving stations, or those locations off the treatment plant site at which the POTW has given the septage hauler specific permission to discharge. 216:25 06-01-2004 § 216-32 ITHACA CODE § 216-35 The Chief Operator also may restrict septage discharges to certain times, to certain days of the week, or to certain seasons of the year. §216-33. Notification of dumping. Each discharge of septage shall be made only with the approval of the Chief Operator. The septage hauler shall contact the POTW to obtain permission to discharge septage containing materials other than sanitary sewage prior to delivering the septage load to the POTW. The Chief Operator may require inspection, sampling, and analysis of each load of septage prior to the discharge of the load. Any costs associated with such inspection, sampling, and analysis shall be paid by the septage hauler. §216-34. Dumping fees. The Special Joint Subcommittee shall bill Tompkins County for dumping fees associated with the discharge of septage from private sources, pursuant to a schedule of rates as set by the Special Joint Subcommittee. The Chief Operator shall directly bill the relevant governmental entity for dumping fees associated with the discharge of septage from public entities. All dumping fees shall include a fee for the cost of solids disposal. ARTICLE VI Enforcement §216-35. Imminent endangerment. The Chief Operator may immediately halt or prevent any discharge of pollutants which reasonably appears to present an imminent endangerment to the health or welfare of persons. In the event that the Chief Operator determines that a discharge of pollutants reasonably appears to present an imminent endangerment to the health or welfare of persons, the Chief Operator shall provide informal (oral or written) notice of said determination to the User. Said User shall immediately stop or eliminate such discharge and shall submit written proof of the elimination of the discharge to the Chief Operator within 48 hours of receipt of notice of the Chief Operator's determination. If said User fails voluntarily and immediately to halt such a discharge, the Chief Operator shall take such actions as he or she deems necessary to prevent or minimize endangerment to the health or welfare of persons. Such actions include, but are not limited to, seeking ex parte temporary injunctive relief, entry on private property to halt such discharge, blockage of a public sewer to halt such discharge, severance of the sewer connection, suspension of wastewater disposal service, suspension or revocation of a Wastewater Discharge Permit, and institution of a legal or special proceeding. After such discharge has been halted, the Chief Operator may take such other and further actions provided under this section as may be necessary to ensure elimination of said discharge and compliance with the terms of this chapter and Wastewater Discharge Permits issued hereunder. If the User provides satisfactory written proof that it has eliminated the cause of the conditions creating the imminent endangerment, the Chief Operator may reinstate the permit, restore the sewer connection and wastewater disposal service, and perform other activities to allow the User to commence discharging again. 216:26 06-01-2004 SEWER USE: REQUIREMENTS FOR CONTRIBUTORS INTO § 216-36 JOINT POTW § 216-38 §216-36. Other harmful discharges. A. The Chief Operator may also halt or prevent any discharge of pollutants which: (1) Presents or may present an endangerment to the environment; (2) Threatens to interfere with the operation of the POTW; or (3) Threatens to pass through the POTW. B. In the event of such a discharge, the Chief Operator must deliver a written notice to the User describing the problems posed by the discharge and offering the User an opportunity to respond. If the User does not respond in writing to the Chief Operator within 24 hours after delivery of such written notice, then the Chief Operator may undertake such actions, including those described in § 216-35, as he or she deems necessary to prevent or minimize the effects of such a discharge. If the Industrial User does respond in writing within 24 hours, then no immediate suspension of service or of a Wastewater Discharge Permit shall occur, unless the Chief Operator reasonably believes that the User's discharge continues to present or may present an endangerment to the environment or threatens to cause Interference or Pass Through at the POTW. If the User thereafter provides satisfactory written proof that it has eliminated the cause of the conditions creating the harmful discharge, then the Chief Operator may perform activities to allow the User to commence discharging again. §216-37. Publication of list of violators. The Special Joint Subcommittee shall annually publish in the largest local daily newspaper a list of the Industrial Users which, at any time during the previous 12 months, were in significant noncompliance with applicable Pretreatment Standards or Pretreatment Requirements. For purposes of this provision, an Industrial User is in significant noncompliance if its violation meets one or more of the criteria set forth at 40 CFR 403.8(f)(2)(vii). §216-38. Compliance orders. A. The Chief Operator may issue compliance orders to Industrial Users not complying with any Pretreatment Standards, Pretreatment Requirements, Wastewater Discharge Permits, or any other provisions of this chapter or the Act. Such orders may, among other things, direct said Industrial User to: (1) Comply immediately with Pretreatment Standards, Pretreatment Requirements, Wastewater Discharge Permit provisions, this chapter, or the Act; (2) Comply with Pretreatment Standards, Pretreatment Requirements, Wastewater Discharge Permit provisions, this chapter, or the Act in accordance with a time schedule set forth by the Chief Operator; (3) Increase the frequency of sampling and analysis of the Industrial User's wastewater; and/or 216:27 06-01-2004 § 216-38 ITHACA CODE § 216-40 (4) Undertake appropriate remedial or preventive action to prevent the possibility of violations in the future. B. The issuance of or compliance with an order under this section shall not relieve the Industrial User of liability for violations which occur before the order is issued or while the order is effective. §216-39. Suspension and revocation of permit. A. This section shall govern the ability of the municipalities to suspend or revoke any Wastewater Discharge Permit to any Industrial User in all situations except those described in §§ 216-35 and 216-36 of this chapter regarding discharges which present imminent endangerment or which constitute harmful discharges. In all other situations, the municipality in which the Industrial User is located (or any of the municipalities, if the Industrial User is located outside the municipalities) may suspend or revoke a Wastewater Discharge Permit if it determines that a violation of any provision of the permit, the Act, or this chapter exists. Unless and until all of the municipalities are named on the POTW's SPDES Permit, the City of Ithaca shall also have the power to suspend or revoke Wastewater Discharge Permits for all Industrial Users located outside the City of Ithaca. Violations which may lead to such suspension or revocation include, but are not limited to, the following: (1) Failure of an Industrial User to accurately or timely submit the information required in any report; (2) Failure of an Industrial User to allow access to its premises for the purposes of inspection, monitoring, sampling, or records examination or copying by the POTW, EPA, DEC, the United States, or the state; (3) Failure of an Industrial User to report significant changes in its operations or the constituents, characteristics, or volume of its wastewater; or (4) Violation of conditions of the Industrial User's permit. B. Before the relevant municipality may suspend or revoke an industrial wastewater permit, it must give the Industrial User a hearing in accordance with the procedures set forth at § 216-41 below. The final decision as to whether to suspend or revoke a permit shall then be made by the municipality and shall be a final administrative action. §21640. Notice of violation. A. Whenever the Chief Operator determines that any Industrial User has violated or is violating any Pretreatment Standard, Pretreatment Requirement, its Wastewater Discharge Permit, or any other provision of the Act or this chapter, he or she may serve upon such User, either personally or by certified mail, return receipt requested, a written notice of violation stating the nature of the violation. The Chief Operator may include with the notice of violation a compliance order directing the User to take specified actions to correct the violations. The Chief Operator or relevant municipality, as described in § 216-39 above, may also include with the notice of violation an order to 216:28 06-01-2004 SEWER USE: REQUIREMENTS FOR CONTRIBUTORS INTO § 21640 JOINT POTW § 21641 show cause before the municipality as to why the User's Wastewater Discharge Permit should not be suspended or revoked, or why civil administrative penalties should not be assessed by the municipality against the Industrial User for said violations. Any such show cause hearing shall be conducted in accordance with the provisions of § 21641 of this chapter. B. Within 30 days of the date of the notice, the User shall submit to the Chief Operator a written explanation of the reasons for the violations and a plan for the satisfactory correction thereof consistent with any compliance order which the Chief Operator may issue. C. Neither the issuance of a notice of violation, nor the submittal of or compliance with a plan of correction or compliance order, shall relieve the Industrial User of any liability for violations of any Pretreatment Standards, Pretreatment Requirements, Wastewater Discharge Permit, the Act, or this chapter, nor is the issuance of such a written notice required before the Special Joint Subcommittee or municipalities may take any other type of enforcement action against the Industrial User. §21641. Show cause hearing. A. Notice requirements. A notice from the Chief Operator or relevant municipality shall be served on the User specifying the time and place of a hearing to be held by the municipality regarding the violation, the proposed action to be taken, the reasons why the action is proposed, and directing the person to show cause before the municipality why the proposed action should not be taken. The notice of the hearing shall be served personally or by certified mail, return receipt requested, at least 10 days before the hearing. Service must be made on an authorized representative of the Industrial User. B. Conduct of the hearing. The municipality shall conduct the hearing and take the evidence, or may designate any of its members, the Special Joint Subcommittee, or the Chief Operator to: (1) Issue in the name of the municipality notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings; (2) Take evidence; (3) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the municipality for action thereon; and (4) Take any further necessary action as permitted by this chapter or applicable contracts or agreements. C. Testimony recorded under oath. At any hearing held pursuant to this chapter, testimony taken must be under oath and recorded, either stenographically or by voice recording. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges therefor. 216:29 06-01-2004 § 216-41 ITHACA CODE § 216-43 D. Orders. After the municipality has reviewed the evidence, it may issue an order suspending or revoking an industrial Wastewater Discharge Permit, or assessing civil administrative penalties, and the timing for their payment to the municipality, against the Industrial User. The issuance of such an Order shall be a final administrative action. E. Settlement. At any time after notice of the show cause hearing has been served and before the municipality has issued its order regarding permit suspension or revocation or penalty assessment, the municipality may enter into a settlement agreement with the Industrial User to resolve the issues raised by the order to show cause. §216-42. Legal action. [Amended 9-8-1998 by L.L. No. 11-19981 If any person violates the provisions of this chapter, the Act, any applicable Pretreatment Standards or Pretreatment Requirements, the conditions and requirements of any Wastewater Discharge Permit issued hereunder, or any order of the Chief Operator, Special Joint Subcommittee, or municipality, counsel for the municipality where such person is located (or counsel for any of the municipalities, if such person is not located in any of the municipalities) may commence an action for appropriate legal and/or equitable relief, including, but not limited to, injunctive relief, penalties, and fines, in either state or federal court. In addition, until and unless all of the municipalities are named on the POTW's SPDES Permit, the City Attorney for the City of Ithaca shall have the authority to initiate such court proceedings against violators located outside the City of Ithaca. The municipalities, Special Joint Subcommittee, or POTW may also ask appropriate officials at the local, state, or federal levels to investigate and bring a criminal action against any Industrial User or person associated with an Industrial User believed to have violated the criminal provisions of this chapter, the Act, or any other law. ARTICLE VII Penalties and Costs §216-43. Civil penalties. A. Any person who violates an Order of the Chief Operator, Special Joint Subcommittee, or municipality, or fails to comply with any provisions of this chapter, the Act, Pretreatment Standards or Pretreatment Requirements, or Wastewater Discharge Permits issued hereunder, may be assessed by the relevant municipality, as described in § 216-39 above, a civil administrative penalty not to exceed $2,500 per day for each violation. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. B. Any person who violates an order of the Chief Operator, Special Joint Subcommittee, or municipality, or fails to comply with any provisions of this chapter, the Act, Pretreatment Standards or Pretreatment Requirements, or Wastewater Discharge Permits issued hereunder, may be assessed a civil judicial penalty not to exceed $5,000 per day for each violation. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. 216:30 06-01-moa SEWER USE: REQUIREMENTS FOR CONTRIBUTORS INTO § 216-43 JOINT POTW § 216-45 C. All civil administrative or civil judicial penalties recovered hereunder shall be paid to the municipality which prosecuted the enforcement action. After reimbursing itself for the expenses of prosecution, the municipality shall pay the balance to the City of Ithaca Joint Activity Fund for POTW expenditures. In addition to the penalties provided herein, the municipalities may recover court costs, court reporters' fees, and other expenses of litigation, as well as recoverable attorneys' fees, in an appropriate legal action against the person found to have violated this chapter or limitations or conditions of a Wastewater Discharge Permit issued thereunder. D. Nothing in this section shall preclude the municipalities from bringing an action against a User for liability incurred as a result of damage to the POTW, fish kills, or any other damage to persons, animals, aquatic life, property, or natural resources. §216-44. Criminal fines and imprisonment. A. Any person who knowingly violates any requirement of this chapter or of any Wastewater Discharge Permit condition or limitation implementing the requirements of this chapter, shall be guilty of a misdemeanor and upon conviction thereof shall, if the person is not a corporation, be punished by a fine not exceeding $10,000 per day of violation, or by imprisonment for a term of not more than one year, or by both such fine and imprisonment; and if the person is a corporation shall, upon conviction, be punished by a fine not exceeding $20,000 per day of violation. B. Any person who knowingly makes any false material statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this chapter or who knowingly falsifies, tampers with, or renders inaccurate any monitoring device or method required to be maintained under this chapter, shall be guilty of a misdemeanor and upon conviction thereof shall, if the person is not a corporation, be punished by a fine not exceeding $10,000 per day of violation, or by imprisonment for a term of not more than one year, or by both such fine and imprisonment; and if the person is a corporation shall, upon conviction, be punished by a fine not exceeding $20,000 per day of violation. ARTICLE VIII Fees § 21645. Charges and fees. It is one of the purposes of this chapter to provide for the recovery of costs from persons who use the POTW, in order to implement the programs established herein. Charges and fees may include: A. Fees for reimbursement of the costs of setting up and operating the POTW's pretreatment program; B. Fees for monitoring, sampling, inspections, and surveillance procedures; C. Fees for reviewing accidental discharge procedures and construction; 216:31 06-01-2004 § 21645 ITHACA CODE § 21647 D. Fees for permit applications and modifications; E. Fees for consistent removal (by the POTW) of pollutants otherwise subject to national Categorical Pretreatment Standards; F. Fees for sludge disposal; G. Other fees as the Special Joint Subcommittee may deem necessary to carry out the requirements contained herein. §216-46. Assessment of charges and fees. The charges or fees for the items enumerated in § 216-45 above shall be set from time to time in accordance with procedures permitted by applicable laws. §216-47. Surcharges for certain conventional pollutants. A. Industrial Users discharging wastewater which exceeds the following concentrations for any of the conventional pollutants listed below shall pay a surcharge for use of the POTW: Level Above Which Surcharge Applies Pollutant (24 Hour Composite, in ppm) Chemical oxygen demand 350 Suspended solids 250 BODS 250 Phosphorus 6 Nitrogen, total 25 The surcharge shall be calculated to recover the POTW's costs to treat these conventional pollutants to the extent that the concentrations of these conventional pollutants exceed the levels stated above. The surcharge shall be set from time to time in accordance with procedures permitted by applicable laws. The Chief Operator may grant a surcharge waiver to any Industrial User which demonstrates that its exceedances of the surcharge threshold levels are due to innovative water conservation practices. B. The surcharge threshold levels set forth above are not local limits. All Pretreatment Standards and Pretreatment Requirements, including the prohibition against Pass Through and Interference, do apply to discharges of the conventional pollutants listed above. In addition, nothing in this section shall prevent the Chief Operator from exercising his or her right, as described in § 216-10 of this chapter, to require an Industrial User to comply with specific discharge limits on these pollutants if deemed necessary to meet the objectives of § 216-1A of this chapter. In the event that an Industrial User receives specific discharge limits for any of these pollutants, no surcharge shall apply and violations of the discharge limit by the Industrial User shall instead subject the Industrial User to the enforcement provisions of this chapter. 216:32 06-01-2004 SEWER USE: REQUIREMENTS FOR CONTRIBUTORS INTO § 216-48 JOINT POTW § 216-50 ARTICLE IX Local Limits [Added 7-13-1992 by L.L. No. 18-1992 2] §216-48. Purpose and applicability. A. The purposes of this article are to set forth specific discharge limitations (hereafter referred to as "local limits") to prevent Pass Through and Interference, to protect the safety and health of workers at the Ithaca Area Wastewater Treatment Facility (POTW), and to improve opportunities to recycle and reclaim municipal and industrial wastewaters and sludges. [Amended 9-8-1998 by L.L. No. 12-19981 B. This article shall apply to all Users of the POTW in the Towns of Ithaca and Dryden and City of Ithaca and to persons who are, by resolution, agreement, contract, or permit with the municipalities, Special Joint Subcommittee, or POTW, Users of the POTW. § 216-49. Definitions. [Amended 9-8-1998 by L.L. No. 12-1998] The definitions set forth in § 216-3, Article I, above (Local Law No. 17 of 1992, Section 3), as they may be revised from time to time, shall apply to the words in this article. §216-50. Specific pollutant limitations. [Amended 9-8-1998 by L.L. No. 12-19981 These local limits shall apply at each point of discharge to the sewerage system. In no case shall a User's discharge to the POTW violate the following specific limitations: Concentration 30-Day Concentration 24-Hour Average Average Pollutant (mg/1) (mg/1) Arsenic 0.6 Barium 80 240 Cadmium 2.5 7.5 Chromium, total 8 24 Chromium, hexavalent 1 3 Copper 2 6 Cyanide 0.2 0.6 Iron 180 540 Lead 20 Manganese 8 24 Mercury 1.5 4.5 Nickel 10 2. Editor's Note: Section 5 of this local law provided that it shall become effective upon approval by the US Environmental Protection Agency. 216:33 06-01-2004 § 216-50 ITHACA CODE § 216-51 Concentration 30-Day Concentration 24-Hour Average Average Pollutant (mg/1) (mg/1) Silver 6 18 Zinc 20 35 Discharge Limit Instantaneous Pollutant (ppm) Oil and grease (petroleum based) 50 §216-51. Applicability of other requirements and prohibitions. [Amended 9-8-1998 by L.L. No. 12-1998] All Users further shall comply with all other requirements and prohibitions regarding discharges to the POTW set forth in this Code, including those specified in this chapter, Sewer Use: Requirements for Contributors Into Joint POTW, of Chapters 214 through 217, Sewer Use, as they may be revised from time to time. 216:34 06-01-2004 Chapter 217 SEWER USE: ADMINISTRATION AND AMENDMENTS § 217-1.Conflict with other provisions. § 217-3.Severability. §217-2.Modification procedures. § 2174.When effective. [HISTORY: Adopted by the Town Board of the Town of Ithaca 7-9-1984 as Part 4 of L.L. No. 1-1984 (Parts 1, 2 and 3 are codified as Chs. 214, 215 and 216). Amendments noted where applicable.] GENERAL REFERENCES Sewer rents—See Ch.210. Subdivision of land—See Ch.234. Sewer use—See Chs.214-217. Water protection—See Ch.256. § 217-1. Conflict with other provisions. All local laws or ordinances or parts of ordinances in conflict with the provisions of Local Law No. 1-1984 (Sewer Use Chapters 214 through 217, as amended, of the Code of the Town of Ithaca) are hereby repealed; however, the provisions of such laws or ordinances which may have been incorporated into such chapters shall survive as part of Local Law No. 1-1984 as aforesaid. §217-2. Modification procedures. Notwithstanding any other provision of this chapter, or any general law, the following procedures shall apply in the event of any modification or amendment of Sewer Use Chapters 214 through 217 of the Code of the Town of Ithaca: A. Any municipality proposing to amend this chapter, at least 30 days prior to any public hearing, shall send written notice of the proposed amendment to the Clerks of the other municipalities, to the Chairman of the Joint Sewer Committee, and, in addition, a copy of such notice shall also be served on the Superintendent of Public Works. Any municipality entitled to such notice may waive strict compliance with this provision. B. Each municipality and the Joint Sewer Committee, within 10 days after receipt of such notice, shall send written comments with respect to the proposed amendment. Failure to do so shall not deprive the rights of the Committee or any municipality to present its comments at a later date. C. Any such procedures may also be governed by any regulations proposed by the Joint Sewer Committee and adopted pursuant to any applicable provisions of any intermunicipal agreement between the parties. 217:1 06-01-2004 § 217-3 ITHACA CODE § 217-4 §217-3. Severability. The invalidity of any section, clause, sentence or provision of Sewer Use Chapters 214 through 217 of the Code of the Town of Ithaca shall not affect the validity of any other part of said chapters which can be given effect without such invalid part or parts. §217-4. When effective. Local Law No. 1-1984 (Sewer Use Chapters 214 through 217, as amended, of the Code of the Town of Ithaca) shall become effective immediately. 217:2 06-01-2004 Chapter 221 SIGNS § 221-1. Title. § 221-10.Sign removal; nonconforming § 221-2. Purpose. signs. § 221-3. Interpretation. § 221-11.Design review. § 221-4. Prohibited signs. § 221-12.Enforcement official. § 221-5. Exempt signs. § 221-13.Sign permit. § 221-6. Regulated signs. § 221-14.Appeals. § 221-7. Business and industrial districts § 221-15.Penalties for offenses. signs. § 221-16.Terminology. § 221-8. Sign illumination. § 221-17.Definitions. § 221-9. Sign construction. § 221-18.Amendment and readoption. [HISTORY: Adopted by the Town Board of the Town of Ithaca 8-11-1980 by L.L. No. 6-1980; amended in its entirety 10-3-19% by L.L. No. 8-19%. Subsequent amendments noted where applicable.] GENERAL REFERENCES Zoning—See Ch.270. §221-1. Title. This chapter shall be known and cited as the "Town of Ithaca Sign Law." §221-2. Purpose. This chapter is enacted to guide and regulate signs and street graphics to promote the public welfare and safety as follows: A. Encourage appropriate and compatible signs and graphics. B. Lessen objectionable competition in sign size and placement. C. Reduce the hazards of sign obstruction and distractions. D. Create a more attractive business climate. E. Conserve the value of buildings and properties. F. Protect and enhance Town appearance. 221:1 06-01-2004 § 221-3 ITHACA CODE § 221-4 §221-3. Interpretation. A. The provisions of this chapter shall be held to be the minimum requirements for the promotion of public welfare and safety. B. When this chapter imposes a greater restriction on the design, construction, placement and maintenance of signs, or makes any other restriction than is required by any other ordinance, regulation, rule, covenant or agreement, the provisions of this chapter shall govern, except that in a case of conflict between this chapter and Chapter 270, Zoning, of the Code of the Town of Ithaca, as amended, the provisions of the latter shall apply. C. The adoption of this chapter shall not affect any pending or prevent any future prosecution of action to abate any existing violation of the Chapter 270, Zoning, as amended, if the use so in violation is in violation of the provisions of this chapter. D. When any provisions of this chapter impose a greater restriction than another, the more stringent shall govern. E. In view of the fact that the adoption of Town of Ithaca Local Law No. 1-1972 (Sign Law) and its subsequent repeal and adoption of Local Law No. 6 of the Town of Ithaca Laws of 1980 has given owners of off-premises signs eight years to amortize signs, it is the intent of this chapter to bring about a reasonable time limitation for the removal of such signs. §221-4. Prohibited signs. A. All districts. (1) No signs shall be permitted in the Town of Ithaca unless the same are in conformity with this chapter or are valid nonconforming signs permitted by the provisions of this chapter. (2) No off-premises signs shall be allowed. (3) No signs or graphics shall physically or visually impair vehicular or pedestrian traffic, by design, color, lighting, or placement. (4) No sign visible from a public roadway shall contain or be an imitation of an official traffic sign or signal, or use such words as stop, caution, or warning, except when necessary to control traffic on private roads. (5) No sign shall be placed, wholly or in part, on, over, or above any roof, building, marquee, wall, or other structure unless specifically permitted by this chapter. (6) No sign shall be placed on any utility pole or tree, except 'Posted" or "No Trespassing" signs not to exceed four square feet in area. (7) No exterior sign, display, or advertising device, or any part thereof, shall be mechanically or electrically operated to produce motion or the appearance of motion. 221:2 06-01-2004 § 221-4 SIGNS § 221-5 (8) Except as otherwise provided herein, no banners, pennants, ribbons, streamers, spinners, or similar moving, fluttering, or revolving devices shall be part of an exterior or window sign, or used for advertising or attracting attention when not part of a sign. (9) Phosphorescent, fluorescent, or similar reflective paint or material shall not be used on exterior signs, except those listed in § 219-5A(1)(a), (b), and (c). (10) Prohibited sign illumination sources shall be as listed in § 219-8A. B. Residential and/or agricultural districts. The following signs are prohibited in residential districts and/or agricultural districts: (1) Signs as listed in § 2194A. (2) Projecting signs, except as allowed in § 219-513(1)(b). (3) Window signs, except temporary signs such as pickup and delivery notices, political posters, or similar signs. (4) Signs on awnings or canopies. §221-5. Exempt signs. A. All districts. (1) The following permanent signs, not self-illuminated except as otherwise provided herein, may be placed in any district without a permit: (a) Street identification, traffic and other governmental signs and control devices required by law, ordinance, or regulation. (b) Official public information signs. (c) Entrance-exit and directional signs. (d) House and building numbers. (e) Memorial signs, building names, erection dates, or similar information cut into masonry or other permanent surface, or constructed of bronze or other incombustible material, not to exceed 36 square feet in size. (f) Signs and markers in cemeteries designating graves and memorials. (g) "Posted" or "No Trespassing" signs not to exceed four square feet in size. (h) Historical markers not to exceed six square feet in size. (i) Hospital identification signs, which may be self-illuminated, not to exceed 24 square feet in size. (j) Governmental agency and public building identification. 221:3 06-01 -2004 § 221-5 ITHACA CODE § 221-5 (k) Signs or notices erected by a public utility necessary for the direction, information, or safety of the public. (2) The following temporary signs, not illuminated unless otherwise specified, may be placed in any district without a permit: (a) Emergency or safety signs, illuminated as required. (b) Directional signs for meetings, conventions, and other assemblies, not to exceed six square feet in size and to be removed within 15 days after the event. (c) One sign, not to exceed six square feet, advertising the sale or rental of the land or building on which it is located, to be removed within 15 days after sale or rental and no more than one such sign for each lot or building being sold. In business and industrial districts, such signs may be up to 24 square feet in size. (d) One sign, not to exceed six square feet, listing the architect, engineer, contractor and/or owner, on premises where construction, renovation, or repair is in progress. (e) Political posters, not-for-profit promotional, private sales, or similar signs not exceeding six square feet in size. In business and industrial zones, such signs may be up to 24 square feet in size. (f) Holiday decorations, including lighting. (g) No more than two banners aggregating not in excess of 15 square feet containing graphics that are purely decorative and that do not identify, advertise or convey information. (3) Flags, emblems, or insignia of a nation, government, or school, may be displayed in any district without a permit. B. Residential and/or agricultural districts. (1) The following signs, on premises, not self-illuminated, may be placed in residential districts and/or agricultural districts without a permit: (a) Signs listed as exempt in § 219-5A. (b) One wall, projecting or freestanding sign on each building frontage identifying the name and/or address of the occupants of a residence not to exceed six square feet in size. Signs as needed to identify the building or activities of colleges and universities, not to exceed 24 square feet. (c) One wall sign as needed to identify the buildings or activities of houses of worship, libraries, museums, nursing homes, or similar institutions; and one freestanding sign neither of which is to exceed 24 square feet in size, and combined shall not exceed 24 square feet in size. The height of any freestanding sign shall not exceed six feet. 221:4 06-01-2004 § 221-5 SIGNS § 221-6 (d) Neighborhood identification signs, not to exceed six square feet in size. (e) In agricultural districts, signs for the sale of farm and garden produced products, total area of signs not to exceed six square feet and total number of signs not to exceed two. (f) In agricultural districts, breed identification signs, not to exceed six square feet in size. (2) Freestanding signs in residential districts and/or agricultural districts shall be located as specified in § 219-6A(2). C. Business and industrial districts. (1) The following signs may be placed in business and industrial districts without a permit: (a) Signs listed as exempt in §§ 219-5A and B. (b) At each entrance to an office,public, or institutional building, a sign denoting only the name and/or business or profession of the occupants, not to exceed six square feet in size. (c) Window graphics, signs and displays as specified in § 219-7E. (d) Temporary window signs announcing the opening or closing of a business, sales, and price listings, not to exceed 50% of the total display window area. (e) At gasoline stations integral graphics or attached price signs on gasoline pumps. (2) Any signs erected pursuant to § 219-5C(1) shall be counted in determining the maximum number of signs permitted pursuant to § 219-613. §221-6. Regulated signs. A. Residential and/or agricultural districts. (1) The following wall or freestanding signs, on premises, not self-illuminated, may be placed in residential districts and/or agricultural districts on issuance of a permit: (a) One wall or freestanding sign, not exceeding four square feet in area, identifying a principal permitted enterprise or use other than residential. (b) One wall or freestanding sign, not exceeding 24 square feet in area, identifying a multiple residence. (2) Freestanding signs in residential districts and/or agricultural districts shall in no case be located between the sidewalk and the street, nor closer than two feet from the sidewalk, nor closer than three feet from a building or structure, nor closer than 15 feet from a side lot line; the maximum height of sign and support shall be six feet. 221:5 06-01-2004 § 221,-6 rrHACA CODE § 221-7 B. Business and industrial districts. (1) Business and industrial districts regulated signs shall meet the requirements of § 219-7. (2) The following signs may be placed in business and industrial districts on issuance of a permit: (a) Regulated signs as listed in § 219-6A. (b) The following signs may be placed at each on-premise enterprise in business and industrial districts: [1] One wall sign or one projecting sign on each building or store frontage, and one freestanding sign. If a business has entrances for vehicular traffic on more than one street, two freestanding signs are permitted. [2] In the case of multiuse facilities, one freestanding sign shall be allowed for the development as a whole, regardless of the number of separate enterprises. If such multiuse facility has entrances for vehicular traffic on more than one street, two freestanding signs are permitted. [3] In lieu of any one or more of the signs permitted above, one or more marquee, awning or canopy signs may be substituted instead provided that: [a] Such marquee, awning or canopy sign is located no further than six feet from the facade of the building to which it relates; and [b] Such sign(s) complies with the provisions relating to marquee, awning or canopy signs set forth below; and [c] The total number of signs does not exceed the number permitted pursuant to Subsection B(2)(b)[1] and [2] above. §221-7. Business and industrial districts signs. A. Wall signs. (1) The maximum area of wall sign graphics shall be, for each linear foot of building frontage occupied by the enterprise on which the sign is placed, one square foot. (2) Wall signs shall not extend beyond the ends or over the top of the wall to which attached. (3) Wall signs shall not extend more than nine inches from the face of the building to which attached. (4) Any part of a sign extending over pedestrian traffic areas shall have a minimum clearance of seven feet six inches. B. Projecting signs. 221:6 06-01-2004 § 221-7 SIGNS § 221-7 (1) Projecting sign panels or sign symbols shall have not more than two faces, and the maximum area of the panel or symbol shall be 15 square feet. (2) A projecting sign panel or sign symbol may extend three feet maximum from the building face, or 1/3 the width of the sidewalk, whichever is less. (3) No part of a projecting sign shall extend into vehicular traffic areas, and any part over pedestrian traffic areas shall have a minimum clearance of seven feet six inches. (4) Projecting signs shall not extend above the level of the floor of the second story of the building to which attached, nor in any case be higher than 12 feet from the ground. (5) Projecting signs shall not be copy-change type except as specified in § 219-71)(3). C. Freestanding signs. (1) Freestanding sign panels or sign symbols shall have not more than two faces and the maximum area of the panel or symbol shall be 50 square feet. (2) The maximum height of a freestanding sign and support shall be 20 feet. (3) No part of a freestanding sign shall extend into vehicular traffic areas, and any part extending over pedestrian traffic areas shall have a minimum clearance of seven feet six inches. (4) Freestanding signs shall be placed in front yards only, shall be located no closer than six feet from a building, 15 feet from the edge of the pavement, and 15 feet from a side lot line, and no part shall extend over a public street or sidewalk. D. Marquee, canopy and awning signs. (1) No sign shall project or be suspended from a marquee, canopy or awning. (2) Marquee, canopy and awning signs shall be completely within the outer edges of such marquee, canopy or awning. (3) Copy-change marquee signs shall be permitted on theaters only. (4) For each linear foot of marquee perimeter the maximum area of graphics shall be one square foot. (5) Canopy or awning graphics may be painted or affixed flat to the surface of the front or sides, and shall indicate only the name and/or address of the enterprise or premise. (6) Canopy or awning graphics shall be a single line of lettering six inches maximum height. E. Window signs. 221:7 06-01-2004 § 221-7 ITHACA CODE § 221-8 (1) Window signs are prohibited above the first floor, except for lettering of five inches maximum height per line with a maximum of two lines, identifying professional or business offices. (2) There shall be no more than one permanent window sign per window and a maximum of two per enterprise. (3) The area of permanent window signs shall not exceed 25% of the area of the window or windows through which they are visible, nor in any case exceed four square feet. (4) Copy-change window signs shall not exceed four square feet in area. (5) Exposed luminous tubing or similar window signs shall consist of no more than two rows, the lettering shall not exceed six inches in height per row, and the entire sign shall not exceed three-quarters of the window width or six square feet, whichever is less. §221-8. Sign illumination. A. Prohibited sources. (1) No illumination which will cause glare reflection constituting a nuisance or a traffic hazard shall be directed upon a sidewalk, street, or public place, or upon adjacent premises. (2) No sign, display or advertising device shall be illuminated by or contain flashing, intermittent, rotating, or moving lights. (3) Exposed luminous tubing or similar signs shall be prohibited, except in windows as specified in § 219-7E(5). (4) Strings of lights not part of a sign shall not be used for advertising, outlining buildings or features of buildings, or otherwise attracting attention, except as specified in § 219-5A(2)(f). (5) Gas or other flame illumination is prohibited. B. Permitted sources. (1) Direct illumination shall be permitted in all districts as follows: (a) Visible lamps, not exceeding 25 watts per lamp. (b) Shielded linear light sources and gooseneck reflectors. (c) Floodlights. (2) Indirect illumination, including backlighted letters, is permitted in all districts. (3) Self-illuminated copy-change theater signs are permitted in business districts. 221:8 06-01-2004 § 221-8 SIGNS § 221-10 (4) Self-illuminated signs and letters are permitted in business and industrial districts. C. Intensity. No sign shall produce illumination in excess of 10 footcandles above ambient light level at a distance of four feet on a level with the sign. D. Color. In residential districts and/or agricultural districts illumination shall be white or amber. §221-9. Sign construction. A. Fabrication and attachment. All sign fabrication, erection, and attachment shall conform to the requirements of the latest edition of the New York State Uniform Fire Prevention and Building Code and other applicable codes and regulations.' B. Electrical. (1) Lighting fixtures and wiring shall conform to the requirements of the latest edition of the National Electrical Code and other applicable codes and regulations, and shall have New York Board of Fire Underwriters' approval. (2) Transformers, wires, and similar items shall be concealed. (3) All wiring to freestanding signs shall be underground. C. Maintenance. All signs, sign finishes, supports, and electrical work shall be kept in good repair and safe condition. §221-10. Sign removal; nonconforming signs. A. Amortization of off-premises signs. (1) All off-premises signs not permitted by the terms of this chapter, whether valid nonconforming signs or otherwise, and existing at the time of the adoption of this chapter shall be removed within a period of four years from the date of the adoption of this chapter. Off-premises signs which are not valid nonconforming signs and are not permitted signs under this chapter shall be removed immediately. B. Disused signs. A sign, and any supports and electrical work, identifying or advertising a business no longer conducted or a product no longer sold on the premises shall be removed by the owner of the premises within six months from the date of disuse, unless the Enforcement Official shall determine that such sign or portions thereof may be utilized by a subsequent enterprise. C. Unsafe signs. (1) Unsafe or insecure signs shall be repaired or removed by the owner of the premises. 1. Editor's Note:Amended at time of adoption of Code(see Ch.1,General Provisions,Art.I). 221:9 06-01-2004 § 221-10 ITHACA CODE § 221-11 (2) If the Enforcement Official determines an unsafe sign to be an actual danger to persons or property, such sign must be removed within three days of receipt of written notice. (3) If the owner fails to comply within three days after notification, the Town shall remove the sign at cost to the owner of the premises. (4) If it is determined by the Enforcement Official that any sign is a source of immediate peril to any person or property, such sign may be removed summarily and without notice by the Enforcement Official at cost to the owner of the premises. D. Surface restoration. Upon removal of any wall sign, including signs painted on walls, the surface area of the wall shall be restored to an appearance substantially equivalent to the remaining portion of the facade. E. Nonconforming signs. (1) Existing nonstructural signs, such as portable signs, banners, pennants, or similar signs, which are nonconforming with the provisions of this chapter shall be brought into conformance or removed within 90 days of the date of the adoption of this chapter. (2) Except as otherwise provided in this chapter, the lawful use of any sign existing at the date of the adoption of this chapter may be continued even though such sign does not conform to the provisions herein. (3) A nonconforming sign may not be changed or enlarged unless a variance is granted by the Zoning Board of Appeals. When a nonconforming sign is in need of alteration, replacement, or substantial repair as shall be determined by the Enforcement Official, the sign shall be made to come into compliance with the requirements of this chapter or be removed unless a variance is granted by the Zoning Board of Appeals. (4) Abandonment or discontinuance of the use for which any nonconforming sign has been maintained for a period of more than six months, as shall be determined by the Enforcement Official, shall terminate the use of such sign. No nonconforming sign shall be reinstated except by variance granted by the Zoning Board of Appeals. (5) Temporary removal of a nonconforming sign for painting or other normal maintenance shall be limited to a period of 30 days. §221-11. Design review. A. Purpose. To encourage the appropriate and compatible design and placement of signs and street graphics. B. Sign Review Board. The Planning Board shall be designated as the Sign Review Board. C. Jurisdiction. 221:10 06-01-2M § 221-11 SIGNS § 221-12 (1) All regulated signs may be subject to design review. (2) The Sign Review Board shall have the discretionary power to vary any maximum numerical limitation in this chapter by 25%, providing such variation does not detract from the purposes of this chapter. Such variation shall require the vote of a majority plus one. (3) The Sign Review Board may review any sign application to insure conformity with § 219-2, and may require changes in the content of the sign. D. Procedure. (1) Recommendations and/or decisions shall be based on the guidelines listed in § 219-11E. (2) All decisions shall be transmitted in writing, and copies sent to the applicant and the Enforcement Official. E. Guidelines. (1) The following guidelines may be considered by the Sign Review Board in determining the acceptability of proposed signs as to design, materials, colors, illumination, placement and size. (2) In general, signs should be: (a) Compatible with surroundings and appropriate to the architectural character of the buildings on which they are placed. (b) Appropriate to the type of activity to which they pertain. (c) Legible in the circumstances under which they are seen. (d) Expressive of the identity of individual enterprises but not out of the character with the community. §221-12. Enforcement official. A. The provisions of this chapter shall be administered and enforced by the Enforcement Official who shall have the power to make necessary inspections. B. No sign permit shall be approved by the Enforcement Official except in compliance with the provisions of this chapter, or as directed by the Sign Review Board or the Zoning Board of Appeals. C. The Enforcement Official shall refer to the Sign Review Board any sign application which he deems not to be in conformance with the purpose of this chapter as set forth in § 219-2. 221:11 06-01-2004 § 221-13 ITHACA CODE § 221-14 §221-13. Sign permit. A. Except as otherwise provided herein, after the effective date of this chapter, no sign shall be erected, moved, or altered, except as required by § 219-10, unless and until a sign permit for such work has been obtained. B. No permit is required for the following: (1) Exempt signs. (2) A permitted sign to be repainted or repaired in exact duplication of the original. C. Application for sign permit, on forms provided by the Town Clerk, shall be submitted in duplicate to the Enforcement Official. D. Applications shall have attached thereto the following information and material: (1) Application fee as specified in any applicable Town of Ithaca ordinance, local law, rule or resolution! (2) Information as listed on the application form. (3) Drawings at an appropriate scale, as necessary to show the design, dimensions, and colors of the graphics and sign structure, details of any illumination sources, and placement of the sign relative to the building or structure on which it is located and/or in relation to nearby buildings, structures, street lines and property lines. E. If the proposed sign is in conformance with all requirements, the Enforcement Official shall issue a permit within seven days or refer the application to the Sign Review Board. F. If a sign authorized by a permit is not completed and in place within six months, said permit shall become null and void. G. Design, construction, and placement of a sign shall not deviate from the plans approved for issuance of permit. H. Upon completion of sign, applicant shall submit a photograph of sign in place which the Enforcement Official shall file with the original sign application. §221-14. Appeals. A. The Sign Review Board shall hear and decide on the following matters: (1) Questions of alleged error in any order or determination of the Enforcement Official involving the interpretation of the provisions of this chapter. (2) Requests for variation from the provisions of this chapter pursuant to § 219-11. B. Decisions of either the Sign Review Board or the Enforcement Official may be appealed to the Zoning Boards of Appeals. 2. Editor's Note:See Ch.153,Fees,§153-9,Sign permits. 221:12 06-01-2004 § 221-14 SIGNS § 221-16 C. Upon an appeal, the Zoning Board of Appeals may grant a variance from the terms of this chapter. No Zoning Board of Appeals decision shall be made on a variance until an advisory opinion is received from the Sign Review Board. Failure of said Sign Review Board to report an opinion prior to the hearing on the appeal shall be construed as approval of the variance. D. Any person aggrieved by a decision of the Zoning Board of Appeals may have the decision reviewed by the Supreme Court of the State of New York in the manner provided by law. §221-15. Penalties for offenses. A. In the event of a breach of any of the provisions of this chapter, the Enforcement Official shall notify the owner of the premises, in writing, to remove, repair, or bring the sign into conformance, within 30 days of the date of such notice. B. Any person, firm, or corporation, whether as owner, lessee, agent, or employee, who violates any of the provisions of this chapter, or who fails to comply with any order or regulation made thereunder, or who erects, moves, or alters any sign in violation of any detailed statement or plans submitted by him and approved under the provisions of this chapter, shall be guilty of a violation as the same is defined in the Penal Law and shall be fined not more than $100 for each violation. C. Each day that such violation is permitted to exist shall constitute a separate violation. D. If any sign is erected, altered, or moved in violation of the provisions of this chapter, proper officials may, in addition to other remedies, institute an appropriate action to prevent such unlawful operation. E. Upon failure to comply with any notice within the prescribed time, the Enforcement Official shall remove or cause removal, repair, or conformance of a sign, and shall assess all costs and expenses incurred against the owner of the building or land on which the sign is located. F. All costs and expenses incurred by the Town of Ithaca in causing the removal or repair of any sign, as specified in this section and § 219-10, shall be collected from the owner of the premises on which such sign is located. Payment shall be made in not less than five days after the receipt of a written demand. Upon failure to make such payment, such costs and expenses shall be assessed against said owner and shall be paid and collected as part of the Town and county tax next due and payable. In addition, the Town may commence any other action or proceeding to collect such costs and expenses. §221-16. Terminology. A. For the purposes of this chapter certain words and terms shall have the meanings given in this section. 221:13 06-01 -2004 § 221-16 ITHACA CODE § 221-17 B. Words used in the present tense include the future tense; words used in the singular include the plural, and the plural the singular; the word "shall" is mandatory and not permissive. C. Certain words imply and include other words as follows: (1) AFFIX: attach, append,join, suspend. (2) BUILDING: structure. (3) ENTERPRISE: business, profession, organization, association. (4) ERECT: build, construct, alter. (5) PLACEMENT: location, erection. (6) STREET: road, highway, lane, alley. (7) USED: designed, intended, arranged to be used. §221-17. DAnutions. As used in this chapter, the following terms shall have the meanings indicated: AGRICULTURAL DISTRICT — An agricultural land use area classification as established by Chapter 270, Zoning, of the Code of the Town of Ithaca, as amended. AUXILIARY SIGN — A sign affixed in a subordinate position to the supports of a freestanding sign. AWNING— A canvas-covered frame or similar structure that shelters a window, door, deck or the like from sun and rain. BACKLIGHTED SIGN — A sign or graphics silhouetted by a light source not directly visible. BANNER — A type of flag, not an emblem of a government or institution, with graphics that are purely decorative or that identify, advertise and/or convey commercial information. BOARD OF APPEALS — The Zoning Board of Appeals as established in accordance with the provisions of Town Law. BUILDING— A structure affixed to a permanent foundation. BUILDING FACE— The exterior surface of a building. BUILDING FRONTAGE— That part of a building or lot facing a sidewalk, street, or other public place. BUSINESS DISTRICT — A business land use area classification as established by or pursuant to Chapter 270, Zoning, of the Code of the Town of Ithaca, as amended. 221:14 06-01-2004 § 221-17 SIGNS § 221-17 CANOPY — An ornamental roof-like projection or covering. A freestanding structure over gasoline pumps is a canopy. COPY-CHANGE SIGN — A sign on which the visual message may be periodically changed. DISTRICT — A land use area classification as established by Chapter 270, Zoning, of the Code of the Town of Ithaca, as amended. ENFORCEMENT OFFICIAL — The official charged with the duty to enforce the zoning and other laws, ordinances, codes, and regulations relating to buildings and property. EXEMPT SIGN — A sign which may be erected or placed without a sign permit under the provisions of this chapter. FREESTANDING SIGN — A sign affixed to the ground independent of any adjacent building or structure. FREESTANDING SIGN AREA — The area of the smallest rectangle, triangle, or circle (whichever results in the smallest area calculation) circumscribing one face of the sign panel or sign symbol or grouped panels or symbols, inclusive of decorative appendages but exclusive of supports. FRONT YARD — An open space on the same lot with a building, between the building front line and the street line, but excluding any public sidewalk and the area between such sidewalk and street, and extending the full width of the lot. GASOLINE STATION — A drive-in service for the sale of motor fuel, oil, and motor vehicle accessories, and which may include facilities for lubricating, washing, or servicing vehicles, but not including painting or body repairs, or the sale of new or used cars. The term includes filling station, service station. GRAPHICS — The letters, figures, emblems, devices, and other representations comprising the visual message of a sign. HISTORICAL MARKER SIGN — A sign displaying historical and/or architectural information about a building or place. ILLUMINATED SIGN — A sign illuminated by artificial light or which is composed of luminous tubing, or other artificial lighting devices. INDIRECTLY ILLUMINATED SIGN — A sign illuminated by reflection from a light source not directly visible. INDUSTRIAL DISTRICT — An industrial land use area classification as established by or pursuant to Chapter 270, Zoning, of the Code of the Town of Ithaca, as amended. LUMINOUS TUBING — Glass tubing with a cold cathode light or similar source such as neon. MARQUEE — A permanent roofed structure projecting from a building, usually over an entrance, attached to the building or on freestanding supports, or both. 221:15 06-01-2M § 221-17 ITHACA CODE § 221-17 MULTIUSE FACILITY — A shopping center or similar facility where two or more enterprises are operated on any one parcel or contiguous parcels under the ownership or management of the same person, firm or corporation. NONCONFORMING SIGN — A sign lawfully existing on the effective date of this chapter or subsequent amendment thereto, which does not conform to the regulations applicable in the district in which it is located. Only an on-premises sign as defined in this section shall be deemed to be a nonconforming sign and be entitled to the benefits of a nonconforming use. OFF-PREMISES SIGN — A sign related to an enterprise not conducted, or to a service or commodity not offered or sold, upon the premises where such sign is located. ON-PREMISES SIGN — A sign related to an enterprise conducted, or to a service or commodity offered or sold, upon the premises where such sign is located. OWNER— Owner, agent, or person having beneficial use of the building or land on which a sign is located. PERSON — Firm, partnership, trust, company, corporation, organization, or institution, as well as an individual, acting as owner, lessee, or agent, or employee. PROHIBITED SIGN— A sign which is forbidden under the provisions of this chapter. PROJECTING SIGN— A sign protruding at an angle from a building or structure. PROJECTING SIGN AREA — The area of the smallest rectangle, triangle, or circle (whichever results in the smallest area calculation) circumscribing one face of the sign panel or sign symbol or grouped panels or symbols, inclusive of decorative appendages but exclusive of supports. PUBLIC INFORMATION SIGN — A sign identifying a public facility, such as a public telephone, or providing information concerning direction, safety, and trespassing. PUBLIC PLACE — Any thoroughfare, square, plaza, public parking lot, or similar area, whether publicly or privately owned. RESIDENTIAL DISTRICT — A residential land use area classification as established by Chapter 270, Zoning, of the Code of the Town of Ithaca, as amended. REGULATED SIGN— A sign which may be placed on issuance of a sign permit under the provisions of this chapter. RIGHT-OF-WAY, PUBLIC — Land over which the public may travel subject to restrictions by the government with jurisdiction, whether or not said government has control of the land by ownership or easement. ROOF SIGN— A sign placed above the upper edge of a building, wall, or parapet, or placed or painted on or above the roof covering, or on an independent structural frame on a roof, or on the side of roof or roof structures such as marquees, penthouses, elevator housing, and tanks. 221:16 06-01-2004 § 221-17 SIGNS § 221-17 SELF-ILLUMINATED SIGN — An internally illuminated sign with graphics displayed on a translucent face, or individual letters or symbols with a translucent face, and with translucent or opaque edges. SIGN— A device for visual communication publicly displayed to identify, advertise, and/or convey information. SIGN AREA — See "freestanding sign area," "projecting sign area," "wall sign area." With respect to all other signs for which an area measurement is necessary, the sum of the areas of the graphics, measured as the sum of the areas of the smallest rectangles, triangles, or circles (which may be used in combination and whichever results in the smallest area calculation) circumscribing each group of words and each device or other representation, except that any graphics surrounded by a border, or on a panel which differentiates such graphics from a background, shall be measured as the area of the smallest rectangle, triangle or circle (whichever results in the smallest area calculation) circumscribing the border or panel. SIGN DIRECTORY — A listing of several enterprises, consisting of a matrix and sign components. SIGN HEIGHT — The vertical dimension from grade to the uppermost point on the sign panel. SIGN SYMBOL — A sign whose shape represents an object, or a customary identifying device such as a barber pole. STORE FRONTAGE — That part of a building frontage between architectural elements of the facade such as piers, or the frontage of a single enterprise. STREET— A public thoroughfare which can be seen from a sidewalk, street, or other public place. TEMPORARY SIGN — A sign limited for use to a period not exceeding 30 days or to such other limited period as permitted by provision of this chapter. VARIANCE — A departure from the terms of this chapter authorized by the Zoning Board of Appeals due to a practical difficulty or unnecessary and undue hardship, not the result of the actions of the applicant, peculiar to an individual situation. VARIATION— A departure from the terms of this chapter varying any maximum numerical limitations in this chapter by no more than 25% authorized by the Sign Review Board. WALL SIGN— A sign painted or affixed on and parallel to an exterior wall of a building or structure, but not on window glass. WALL SIGN AREA — The sum of the areas of the graphics, measured as the sum of the areas of the smallest rectangles, triangles, or circles (which may be used in combination and whichever results in the smallest area calculation) circumscribing each group of words and each device or other representation, except that any graphics surrounded by a border, or on a panel which differentiates such graphics from a background, shall be measured as the area of the smallest rectangle, triangle or circle (whichever results in the smallest area calculation) circumscribing the border or panel. 221:17 06-01-2004 § 221.-17 ITHACA CODE § 221-18 WINDOW SIGN — A sign visible from a sidewalk, street, or other public place, painted or affixed on glass or other window material, or located inside within three feet of the window, but not including graphics in connection with customary window display of products. ZONE — A land use area classification as established by Chapter 270, Zoning, of the Code of the Town of Ithaca, as amended. ZONING BOARD OF APPEALS— See 'Board of Appeals." §221-18. Amendment and readoption. Local Law Number 6 of the year 1980, entitled the "A Local Law Regulating Signs in the Town of Ithaca, New York" adopted by the Town of Ithaca on August 11, 1980, is hereby amended, restated, and readopted as set forth in this chapter. 221:18 06-01 -2004 Chapter 225 SPRINKLER SYSTEMS § 225-1. Applicability. § 225-6. Exception. § 225-2. Definitions and word usage. § 225-7. Penalties for offenses. § 225-3. New buildings required to have § 225-8. Variances. sprinkler systems. § 225-9. Administration. § 225-4. Building permit. § 225-10.Mixed use buildings. § 225-5. Certificate of occupancy. [HISTORY: Adopted by the Town Board of the Town of Ithaca 7-11-1988 by L.L. No. 7-1988.Amendments noted where applicable.] GENERAL REFERENCES Building construction and fire prevention—See Ch.125. Property maintenance—See Ch.205. §225-1. Applicability. This chapter shall apply to all parts of the Town of Ithaca outside the Village of Cayuga Heights. §225-2. Definitions and word usage. A. As used in this chapter, the following terms shall have the meanings indicated: APPROVED SPRINKLER SYSTEM— A sprinkler system approved by the New York Board of Fire Underwriters, the National Fire Protection Association, or other nationally recognized approval organization as determined by the Town Building Inspector, which approval shall have been obtained prior to installation of this system. Such system, to be approved, shall meet all standards of installation and operation as prescribed by such approval bodies and the manufacturer of the system. Any such installation and the operation thereof shall be also subject to the approval of the Town of Ithaca Building Inspector. SMOKE DETECTOR — A smoke detector approved by the Town of Ithaca Building Inspector. Such approval shall be given by such officer if the smoke detector, as installed, whether battery-powered or hard-wired, meets the requirements of the New York State Uniform Fire Prevention and Building Code, the National Fire Protection Association, or other nationally recognized approval organizations as determined by the Town Building Inspector. [Added 10-1-1990 by L.L. No. 10-1990] B. All other terms shall have their commonly understood meanings. Where there is an ambiguity in the commonly understood meaning of a word reference shall be made to the definitions contained in Chapter 270, Zoning, of the Code of the Town of Ithaca, and the 225:1 06-01-2004 § 225-2 ITHACA CODE § 225-3 New York State Uniform Fire Prevention and Building Code. Where there is a conflict in definition between such Chapter 270, Zoning, and such Building Code, the definitions contained in Chapter 270, Zoning, shall control. [Added 11-10-1988 by L.L. No. 10-1988] §225-3. New buildings required to have sprinkler systems. A. All classifications of buildings listed below, which buildings are constructed after the effective date of this chapter, shall be required to have approved sprinkler systems installed and operational: (1) Multiple dwellings (except no system will be required in enclosed closets 50 square feet or less in area and in bathrooms). (2) Office buildings. (3) Administrative buildings. (4) Bank buildings. (5) Professional buildings. (6) Retail and personal service buildings (mercantile). (7) Industrial buildings. (8) Storage buildings. (9) Amusement park buildings. (10) Armories. (11) Art galleries. (12) Assembly halls. (13) Auditoriums. (14) Bathhouses. (15) Bowling alleys. (16) Club rooms. (17) Coliseums and stadiums. (18) Courtrooms and buildings. (19) Dance halls. (20) Exhibition halls or buildings. (21) Gymnasiums. 225:2 06-01-2004 § 225-3 SPRINKLER SYSTEMS § 225-3 (22) Indoor tennis courts or other sport courts. (23) Lecture halls. (24) Libraries. (25) Lodge halls or rooms. (26) Hotels. (27) Motels. (28) Lodging and boarding houses (including bed-and-breakfast establishments). (29) Motion-picture theaters. (30) Museums. (31) Nightclubs. (32) Recreation centers. (33) Restaurants. (34) Skating rinks. (35) Theaters. (36) Churches, synagogues and similar places of worship. (37) Schools, colleges and similar places of education including dormitories. (38) Outpatient clinics. (39) Day-care centers. (40) Any building in which child care is provided for hire for more than three children unless smoke detectors are provided in all rooms of the facility (except kitchens, bathrooms, and enclosed closets of 50 square feet or less in area), in which event no sprinkler system shall be required unless child care is provided for hire for more than 14 children. The exceptions permitted by this subsection shall not alter the requirements for sprinkler systems in day-care centers. [Amended 10-1-1990 by L.L.No. 10-1990; 11-7-1995 by L.L. No. 11-19951 (41) Clinics. (42) Hospitals. (43) Infirmaries. (44) Sanatoriums. (45) Boathouses. (46) Nursing homes. 225:3 06-01-2004 § 225-3 ITHACA CODE § 225-6 (47) Nightclubs. (48) Group homes. (49) Halfway houses. (50) (Reserved)' (51) Any other buildings, except detached one- and two-family dwellings, the use of which includes regular overnight sleeping by human occupants? [Amended 11-10-1988 by L.L. No. 10-1988] §225-4. Building permit. A. No building permit shall be issued for the construction of any new building, stricture or portion required to have an approved sprinkler system pursuant to this chapter unless an approved sprinkler system is included in the plans for such construction submitted for the building permit. B. If an application for a building permit for repairs, conversions, alterations, additions to, or for removal of, an existing building is submitted; and the building, upon completion of the work for which the building permit is sought, is or will be a building listed in § 225-3; and by reason of the work identified in the building permit application, the entire building would normally thereafter have to be in compliance with Subchapter B of the New York State Uniform Fire Prevention and Building Code or any similar successor statute (e.g., if the cost of alterations exceeds 50% of the replacement cost of the building), such building permit shall not be issued unless an approved sprinkler system is included in the plans for the work submitted for the building permit. [Amended 9-13-1999 by L.L. No. 8-1999] §225-5. Certificate of occupancy. No certificate of occupancy shall be issued for occupancy or use of any building, structure, or portion thereof, required to have an approved sprinkler system unless such system is installed, inspected, tested and approved to the satisfaction of the Town of Ithaca Building Inspector. §225-6. Exception. Notwithstanding the terms of this chapter, sprinklers shall not be required to be installed in spaces where the discharge of water would be hazardous. In such places, other fire-extinguishing equipment approved by the New York Board of Fire Underwriters, National Fire Protection Association or other nationally recognized approval organization and by the Town of Ithaca Building Inspector shall be provided. 1. Editor's Note: Original Subdivision (50), One- and two-family dwellings, was repealed 11-10-1988 by L.L. No. 10-1988. 2. Editor's Note: Original Section 4, EAsting buildings required to install sprinkler systems, as amended, which immediately followed this subsection,was repealed 9-13-1999 by L.L.No.8-1999. 225:4 06-01-2004 § 225-7 SPRINKLER SYSTEMS § 225-9 §225-7. Penalties for offenses. A. Failure to comply with any provision of this chapter shall be deemed a violation and the violator shall be liable for a fine up to $100, or imprisonment not to exceed 30 days, or both, and each day such violation continues shall constitute a separate violation. The Building Inspector is hereby authorized to issue an appearance ticket for any violation of this chapter pursuant to Chapter 9, Appearance Tickets, of the Code of the Town of Ithaca and any successor statutes. B. An action or proceeding in the name of the Town of Ithaca may be commenced in any court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of this chapter, or to vacate the occupancy or building in the case of imminent danger to life or property. Such remedy shall be in addition to penalties otherwise prescribed by law. §225-8. Variances. A. Where practical difficulties or unnecessary hardship may result from enforcement of the strict letter of any provision of this chapter applications for variances consistent with the spirit of this chapter may be made to and acted upon by the Zoning Board of Appeals of the Town of Ithaca. The Board is empowered to grant a variance when the Board has found: (1) The application of the strict letter of this chapter would create a practical difficulty or unnecessary hardship for the applicant. (2) The omission of an approved sprinkler system from all or part of a building will not significantly jeopardize human life. B. In granting any variances the Zoning Board of Appeals may impose such conditions as such Board may reasonably determine necessary to mitigate the consequences of the omission of an approved sprinkler system from all or any part of a building, including the requirement that alternative forms of fire extinguishing equipment be provided or a requirement of additional alarms or other devices to ameliorate the effects of having no sprinkler systems. §225-9. Administration. The requirements set forth in this chapter shall be in addition and shall supplement the requirements set forth in Chapter 125, Building Construction and Fire Prevention, of the Code of the Town of Ithaca. The plans, specifications, rating body approvals and other materials required by the Building Inspector relating to the sprinkler systems shall be submitted to the Building Inspector 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. 225:5 06-01-2M § 225-10 ITHACA CODE § 225-10 §225-10. Mixed use buildings. [Added 10-1-1990 by L.L. No. 10-1990] If there is more than one use in a building, and one of the uses in the building requires sprinklers, the entire building shall have sprinklers installed. 225:6 06-01-2004 Chapter 230 STREETS AND SIDEWALKS ARTICLE I ARTICLE II Excavations in Town Streets and Construction and Repair of Sidewalks Highways §230-5.Title; statutory authority. §230-1.Permit required. §230-6,Construction of sidewalks. §230-2.Deposit or security required. §230-7.Maintenance of sidewalks. § 230-3.Performance of work. § 230-8.Duty to construct and maintain § 2304.Penalties for offenses. sidewalks. § 230-9.Applicability. Exhibit A, Sidewalk Specifications for the Town of Ithaca [HISTORY: Adopted by the Town Board of the Town of Ithaca as indicated in article histories.Amendments noted where applicable.] GENERAL REFERENCES Notification of defects—See Ch.188. Property maintenance—See Cb.205. Numbering of buildings—See Ch.192. Traffic—See Ch.250. ARTICLE I Excavations in Town Streets and Highways [Adopted 7-12-1%5 by L.L. No. 2-1%51 § 230-1. Permit required. No person, firm or corporation, hereinafter referred to as the "permittee," shall make an excavation within the limits of any Town street or highway or other public place or under any sidewalk, all hereinafter referred to as "street" or "highway," in the Town of Ithaca without obtaining a written permit therefor issued by the Town Board or such employee, officer, person or agency as shall be designated by the Board. The application for this permit shall include such drawings, sketches and other information as the issuing agent may require including, among other things, the date or dates within which work is to be performed. §230-2. Deposit or security required. No such permit shall be issued unless and until the person applying for the same: 230:1 06-01-2004 § 230-2 ITHACA CODE § 230-3 A. Has filed with the Town Clerk satisfactory proof of adequate insurance indemnifying or holding harmless the Town of Ithaca, as the insured, from all claims for injuries to persons or property that the Town may be liable for by reason of such excavation. B. Has furnished satisfactory proof that the work shall be done by a person, firm or corporation competent to perform the same. C. Has executed an instrument, in form satisfactory to the Board that he assumes all responsibility for any damage to persons or property which may result or arise from any work performed pursuant to the permit, and further agrees that all work shall be performed in accordance with the conditions of the permit and all applicable laws, rules and regulations and further agrees that the Town is to be saved harmless from any loss, injury or damage arising out of the granting of the permit or as a result of any negligence, fault or act of the permittee, his contractors, servants or agents in connection with the work to be performed. D. Has deposited a sum of at least $300 in cash or certified check payable to the Town as security for the proper performance of the work and the replacement, repair and restorations of the street or highway in such condition and manner as may be reasonably required by the Town Superintendent. If the proposed construction at any time exceeds the sum of $500, by applicant's estimate, to the satisfaction of the Town Highway Superintendent, a performance bond of a type and in an amount specked by the Town Board may be required. Upon the filing with the Town Clerk of a certificate of the Town Highway Superintendent that the work has been performed in a satisfactory manner and the street or highway has been replaced or repaired as required by him, and all charges, expenses and damages have been paid by the applicant, any deposit shall be refunded to the permittee, provided that the permittee has otherwise complied with this article, and all rules, orders and regulations issued thereunder; otherwise the said deposit, or so much thereof as shall be necessary, may be applied by the Town to the cost of repairing or replacing the street or highway in proper and safe condition for public travel, or to such other expenses and liabilities as the Town may have incurred or be liable for. [Amended 12-31-1986 by L.L.No. 7-19861 §230-3. Performance of work. A. All such excavations and all other work in connection therewith shall be completed with all possible dispatch and within such time and in such manner as the Town Highway Superintendent shall require. B. During the performance of the work, at least 1/2 of the street or highway shall be kept open for travel. C. The permittee shall erect such safeguards and barriers, and shall cause the same to be adequately marked by such lights and other warning devices from sundown to sunrise as the Town Highway Superintendent shall require. D. Any permit may be revoked by the Town Superintendent or such other person designated by the Town Board upon two days' notice in writing should the permittee fail to comply with any of the terms, agreements or conditions thereof unless otherwise designated. 230:2 06-01-2004 § 230-3 STREETS AND SIDEWALKS § 230-7 E. Any expenses incurred by the Town in connection with the work to be done and the enforcement of the provisions hereof shall be paid by the permittee within 10 days after the Town Clerk shall have sent the permittee a statement of such expenses certified by the Town Highway Superintendent, or such other person as may be designated by the Town Board, and any sum deposited by the permittee pursuant to § 230-2 may be applied toward the payment thereof. F. The Town Board may adopt further regulations regarding the issue of the permit and bearing on the conduct of the work, and establishing standards of construction and quality of materials, which regulations shall be filed with the Town Clerk and the Town Highway Superintendent. §230-4. Penalties for offenses. Any violation of the provisions of this article shall constitute a misdemeanor. In addition, the penalty for each violation of this article shall be a sum not to exceed $200. ARTICLE II Construction and Repair of Sidewalks [Adopted 8-24-1992] §230-5. Title; statutory authority. This article may be cited as the "Town of Ithaca Sidewalk Regulation Ordinance" and is adopted pursuant to the authority granted by New York State Town Law § 130 et seq. and § 200-a. § 230-6. Construction of sidewalks. Sidewalks constructed within the Town of Ithaca, when constructed by parties other than the Town of Ithaca where ordered by the Town Board as set forth below, shall be constructed in accordance with the grades and specifications annexed hereto as Exhibit A'unless a specification is waived by the Town Board in a particular instance because of unique circumstances or if the Town Board specifically accepts a substitute specification as being equal or superior to the specifications attached. No construction, reconstruction or repair of sidewalks shall be permitted, in those areas where the Town Board has ordered the construction or maintenance of sidewalks, that does not comply with the attached specifications unless waived or modified by the Town Board as set forth above. §230-7. Maintenance of sidewalks. The owner and occupant of premises abutting on any street where a sidewalk has been laid shall keep the sidewalk in front of such premises free and clear from snow, ice, dirt, and other obstructions. All snow and ice shall be removed from such sidewalk within 24 hours of the 1. Editor's Note:Exhibit A is included at the end of this chapter. 230:3 06-01-2004 § 230-7 ITHACA CODE § 230-8 time of its deposit, such time to be determined by the Town Engineer. Upon default in maintaining sidewalks free and clear from snow, ice, dirt and other obstructions, the Town may remove such obstructions at the expense of the property owner. The charge to the owner for the cleaning of any such walk will be the actual cost, plus 50% for overhead and administration for such charges and shall be due 30 days from the date invoiced to the owner. Bills remaining unpaid after 30 days shall accrue a late charge at the rate of 9% per annum from the date of the bill or $3 per month, whichever is greater, and may be added to the taxes due with relation to, and shall become a lien upon, the premises benefited thereby, until paid. §230-8. Duty to construct and maintain sidewalks. The Town Board may adopt orders from time to time, directing the owners of the respective lots and parcels of land abutting on any Town street or highway, or, with the consent of the County Superintendent of Highways or the State Commissioner of Transportation, as the case may be, abutting on a county or state highway within the Town of Ithaca, along which it is desired that sidewalks be built, relaid or repaired, to construct the same to conform the terms of this article, and specifying the time within which the same shall be done. The procedures related to such orders shall be as follows: A. The Town Clerk shall give notice thereof by certified mail addressed to each such owner at the owner's address as it appears upon the assessment roll of the Town or, in the alternative, by publication of a notice thereof in the official paper at least twice, the first publication of which shall be at least 15 days before the time specified for the completion of the work. B. If, within the time prescribed in the order and notice, the sidewalks required to be built, relaid or repaired, shall not have been so built, relaid or repaired, then the Town Board may cause the same to be done and audit and pay the expense of doing the same and assess the expense thereof against the property benefited as a whole. C. Such assessment shall be in five or fewer annual installments and shall be levied and collected from the several lots and parcels in the same manner and at the same time as other Town charges. D. The assessment against the property owners shall be in the same manner as street improvements constructed pursuant to § 200 of the Town Law. E. If such expense be assessed in installments, there shall be assessed as part of each installment, except the first, as interest, an amount not exceeding 6% of such installment, such rate to be fixed by the Town Board in the order providing for the assessment. F. The provisions of law applicable to the sale of tax liens shall apply to any unpaid assessed installment with the interest thereon in the same manner as though such installment and interest had been assessed as an assessment payable as a whole. Unassessed installments shall be prepayable at any time with interest computed thereon at the aforesaid rate from the date of assessment of the first installment to the date of payment of the particular installment. 230:4 06-01-2004 § 230-8 STREETS AND SIDEWALKS § 230-9 G. If such expense be assessed as a whole and the Town Board resolution assessing such expense against a particular piece of property shall so provide, the assessment against such property may be paid in five or fewer annual installments on the dates fixed by such resolution with interest, not exceeding 6% of each such installment, fixed by such resolution. H. Notwithstanding the foregoing, the Town Board may adopt a local law apportioning the expense of building, relaying or repairing any sidewalk within such Town between the Town and owners of the respective lots and parcels of land abutting any street or county or state highway within the Town along which it is desired that sidewalks be built, relaid or repaired. §230-9. Applicability. This article shall apply to all property in the Town of Ithaca outside the limits of the incorporated Village of Cayuga Heights. 230:5 06-01-2004 STREETS AND SIDEWALKS Exhibit A Sidewalk Specifications for the Town of Ithaca Asphalt Concrete Sidewalks Materials and composition shall consist of Type 7 Top Course as listed under section 401.2.02 Table 401-1, Composition of Bituminous Plant Mixtures, of the NYSDOT Standard Specifications. Sidewalks shall be constructed with a six-foot width and two-inch thickness of Hot Mix Asphalt Concrete Pavement,placed on a compacted base. The asphalt concrete shall be placed and compacted according to the requirements of Section 403 of the NYSDOT Standard Specifications. Notwithstanding the foregoing, if the Town Board designates a particular street or road as a residential street for sidewalk purposes, the width of the sidewalk may be reduced from six feet to four feet. Sidewalk Base shall consist of a six-inch-thick compacted fine crusher run limestone, or with the special approval of the Town Engineer the base may be constructed of crushed bank run gravel. Sidewalks shall be constructed so that the finished surface is flush with the adjacent grades. Maximum cross slope shall be 1/8 inch per foot. Maximum sidewalk grade shall be 8%. 230:A 1 06-01-2004 Chapter 234 SUBDIVISION OF LAND ARTICLE I ARTICLE IV Introduction and Administration Reservation Requirements and Subdivision Design Standards § 2341. Authorization and adoption. § 234-2. Policy. § 234-21.Reservation of land for public facilities. § 2343. Enforcement and administration. § 234-22•Reservations of parks and § 2344. Public hearings. recreational land. § 234-5. Minimum requirements. § 234-23•Highway improvements. § 234-6. General procedure. § x-24•Blocks and lots. § 234-7. Environmental review. § 234-25.Solar access. § 2348. Fees. § x-26•Storm drainage. § 234-9. Violations and penalties. § 23427.Water supply and sanitary sewerage. § 23410.Appeals and waivers. § 234-28.Survey monuments. § 234-11.Amendments and rules. § 234-29.Underground wires and cables. § 234-12.Severability. § 23430.Phased developments. § 23413.When effective. ARTICLE V ARTICLE II Rules and Regulations for Clustered General Procedures for Subdivision Subdivisions Review § 23431.Minimum gross area. § 234-14.Sketch plans and preapplication § 23432.Number of dwelling units information. permitted. §23415.Preliminary subdivision review. § 23433.Buffer zone requirement. § 234-16.Final subdivision review. § 234-34.Regulation of exterior § 23417.Modifications of final plat. characteristics. § 23435.Restriction of unrelated ARTICLE III persons. Interpretations and Definitions ARTICLE VI § 234-18.Internal references. Preliminary and Final Subdivision Plat § 234-19.Construction. Requirements § 23420.Definitions. § 23436.Preliminary plat checklist. § 234-37.Final plat checklist. 234:1 06-01-2004 § 234-1 ITHACA CODE § 234-1 § 234-38.Improvement plans and related ARTICLE VII information. Expiration of Subdivision Approval § 234-39.Conditions; procedures. [HISTORY: Adopted by the Town Board of the Town of Ithaca as amended 3-8-1993 (adopted by the Planning Board 3-2-1993). Subsequent amendments noted where applicable.] GENERAL REFERENCES Compensation of Planning Board—See Ch.20,Art.L Freshwater wetlands—See Ch.161. Agricultwal assessments—See Ch.104. Numbering of buildings—See Ch.192. Building construction and fire prevention—See Ch.125. Sewer use—See Chs.214-217. Unsafe buildings—See Ch.129. Street excavations—See Ch.230,Art.1. Environmental quality review—See Ch.148. Water protection—See Ch.256. Fees—See Ch.153. Zoning—See Ch.270. Flood damage prevention—See Ch.157. ARTICLE I Introduction and Administration §234-1. Authorization and adoption. A. By resolution adopted on the sixth day of October 1955, the Town Board, pursuant to the provisions of Article 16 of the Town Law, authorized the Planning Board of the Town of Ithaca to approve plats for subdivisions within that part of the Town of Ithaca outside the limits of any incorporated village, said resolution reading as follows: "RESOLVED, that the Planning Board shall be, and it hereby is, authorized and empowered to approve plats showing new streets or highways within that portion of the town outside the limits of the Incorporated Village of Cayuga Heights, and to exercise all other powers, delegated to it by the provisions of Article IX of the Zoning, Building and Planning Ordinance of the Town of Ithaca enacted October 7, 1954,'or which may be delegated to it by resolution of the Town Board, pursuant to the provisions of § 274 of the Town Law,'or which are described or contemplated under the provisions of Article 16 of the Town Law or acts amendatory thereof, with reference to Zoning and Planning; and be it further RESOLVED, that the Town Clerk shall file with the Clerk of the County of Tompkins a certificate in the form herewith attached, certifying that the Planning Board has been authorized to approve plots showing new streets or highways in accordance with the provisions of§ 276 of the Town Law." B. By resolution adopted on the fifth day of November 1955, the Town Board authorized the Town Planning Board to confirm or make changes to the Town Zoning Regulations'simultaneously with the approval of a subdivision plat to the extent 1. Editor's Note:See now Ch.270,Zoning. 2. Editor's Note:Town Law§274 was repealed by L.1992,c.663.See now Town Law§271. 3. Editor's Note:See now Ch.270,Zoning. 234:2 06-01-2004 § 234-1 SUBDIVISION OF LAND § 234-2 permitted by law, said resolution reading as follows: "RESOLVED that the Planning Board be, and it hereby is, empowered at the time of the approval of a plat either to confirm the zoning regulations of the land so platted as shown on the Official Zoning Maps of the Town or to make any reasonable change therein, upon following the procedure required by § 281 of the Town Law."" C. The Subdivision Regulations of the Town of Ithaca were adopted by the Town Planning Board on March 24, 1956, and approved by the Town Board on March 24, 1956. D. By resolution adopted on the fourth day of October 1982, the Town Board amended the Town of Ithaca Subdivision Regulations, reaffirmed the delegation to the Planning Board of it powers under § 281 of the Town Law, as amended,'and further delegated to the Planning Board the authority to mandate clustered subdivisions in the Town of Ithaca. Said resolution further authorized the Planning Board to require developers to submit a clustered subdivision plan whenever the Planning Board believes that the application of such procedure would benefit the Town. The authority of the Planning Board to require clustering is limited by the conditions of Article V of these regulations, adopted by the Planning Board on November 11, 1982, and approved by the Town Board on November 16, 1982, and by the provisions of Article 16, § 281, of the Town Law. E. The Subdivision Regulations of the Town of Ithaca are further amended to read as follows. §234-2. Policy. A. The policy of the Town of Ithaca is to consider land subdivision regulations as part of a Comprehensive Plan for the orderly, efficient, and economical development of the Town of Ithaca. Proper provision shall be made for drainage, water supply, sewerage, highways, open space, and other needed improvements, and to provide protection against floods and to otherwise promote the health, safety, and welfare of the Town's inhabitants. B. The Subdivision Regulations are adopted to guide, promote, and protect the community's physical, social, and aesthetic development in order to preserve the character of the Town as a beautiful and desirable place in which to live. C. All proposed lots shall be laid out in harmony with the prevailing pattern of development, with development following the contour of the land as much as possible. Developers of large subdivisions are encouraged to consider the use of clustering in their designs. Clustering may permit a flexibility in the development and use of land. Clustering results in a concentration of occupancy and use in a particular area of land and space. The increased use of the cluster provisions of Town Law may encourage the preservation of available open space within residential communities and reduce the cost and maintenance of public improvements. 4. Editor's Note:Town Law§281 re:clustered subdivisions was renumbered and amended by L. 1992,c.727.See now Town Law§278. S. Editor's Note:Town Law§281 re:clustered subdivisions was renumbered and amended by L. 1992,c.727.See now Town Law§278. 234:3 06-01 -2004 § 234-2 ITHACA CODE § 234-4 D. The Planning Board may adopt provisions for parks, playgrounds and other recreational facilities pursuant to the Town of Ithaca Park and Open Space Plan. E. All streets shall be of such width, grade, and location in order to accommodate the prospective traffic, and to facilitate emergency services, and to provide access for all fire-fighting equipment to all buildings. §234-3. Enforcement and administration. A. These regulations shall be enforced by the Building Inspector, Town Engineer, or the Town Planner. If any applicant for subdivision approval or other person is aggrieved by a requirement or determination of the enforcing officer affecting the interpretation, applicability, compliance with and enforcement of any of these regulations, he shall appeal to the Planning Board for a review of the requirement or determination by the Planning Board in accordance with the provisions of § 234-10 hereof entitled "Appeals and waivers." B. Whenever any subdivision of land is proposed to be made, the subdivider or his agent shall apply in writing to the Planning Board for the approval of the subdivision. This application shall conform to the specifications set forth in these regulations. C. Until the Planning Board has given final approval of any subdivision plat and the application for the approval of a subdivision, and the subdivision map has been filed in the County Clerk's office bearing the approval of the Town Planning Board and all other required endorsements and complying with these regulations and all requirements of law, no building permit for construction or other work on the property shall be issued nor shall such permit be valid if erroneously issued, and no lot in the subdivision shall be sold. Any such action or any work done on or with respect to the lands in the subdivision or any expenses incurred prior to final approval shall be at the peril of the owner of the land or the applicant and shall not give rise to any claim for damages by the landowner or applicant. D. Where an approved subdivision has later been consolidated, in whole or in part, for real estate tax purposes or any other reason (and regardless of whether all or a part of such subdivision has been or thereafter is described as one or multiple parcels on any deeds or other instruments), the portion so consolidated shall not be resubdivided without undergoing subdivision review and approval as if it were a new subdivision. §234-4. Public hearings. A. Notice of public hearings shall be published in the official newspaper of the Town of Ithaca at least five days before the Planning Board meeting. The law governing the holding of public hearings for subdivision approval is set forth in § 276 of the Town Law. B. Advertising or publishing the notice, in accordance with the provisions of law, is the only notice legally required. 234:4 06-01-2004 § 234-4 SUBDIVISION OF LAND § 234-6 C. However, in order to promote public information and participation in the subdivision approval procedures, the Planning Board may direct the Planning Board Secretary or other authorized person to make reasonable efforts to notify owners of land whose property is adjacent to and abuts upon any boundary of the land for which subdivision approval is sought or whose land is in the immediate vicinity of the proposed subdivision and who have such standing as will support their interest in the subdivision or site plan. The failure to give any such notice shall not invalidate in any manner any action or determination by the Planning Board, nor shall such failure be a basis for any proceeding or action against any officer, official or employee, or a member of the Town Board or Planning Board. D. A public notice sign of the pending public hearing, obtainable at the Planning Department, shall be posted on the property to be subdivided in view of a public road not less than 14 days nor more than 30 days prior to the public hearing at which the subdivision is to be considered. Failure to post or maintain the signs as provided in this subsection shall not be a jurisdictional defect and any action taken by the Planning Board in connection with the application shall not be nullified or voidable by reason of the failure to comply with this subsection. However, the failure to post or maintain the sign may be grounds, should the Planning Board in its discretion so determine, to deny the application sought or to decline to hear the matter at the scheduled meeting date by reason of the failure to have the appropriate signs installed and/or maintained. The Planning Board may, on good cause shown, waive the requirement of the posting of signs as called for by this section and by the applicable provisions of Chapter 270, Zoning. §234-5. Minimum requirements. A. In their interpretation and application, the provisions of these regulations shall be held to be minimum requirements, adopted for the promotion of public health, safety, and general welfare. B. Nothing in these regulations shall prohibit the subdivider from placing additional . restrictions, not in violation of these regulations, on lots within the development. §234-6. General procedure. A. The Town of Ithaca has established a three-step procedure for the review of subdivisions. Its purpose is to encourage developers and the public to work together with the Planning Board and the Town staff to achieve the goals for development and growth of the Town of Ithaca. B. When required by the Town staff the applicant shall present preliminary ideas in the form of a sketch plat to the Town staff for their comments and evaluation prior to the scheduling of a Planning Board meeting. The requirements for the sketch plat are set forth in Article H, § 234-14. The staff will be available to help the subdivider understand the improvements and restrictions which the Planning Board could be expected to impose upon the development, as presented. The staff and the subdivider should work together to 234:5 06-01-2004 § 234-6 ITHACA CODE § 234-7 ensure that the project will meet the requirements of these regulations as well as any additional requirements the Planning Board may impose. C. If the subdivision is complex or extraordinary in scale, the subdivider shall be required to present informally the sketch plat to the Planning Board for its comments prior to the preparation of a preliminary plat. This sketch plat review may save the subdivider time and expense in the planning and design of the project. D. The subdivider should inquire of the staff as to the overall requirements of these regulations, and may proceed with the preparation of a preliminary plat. E. All documents relating to the preliminary plat, including the Environmental Assessment Form, Part I, shall be presented to the applicable department at least 20 business days before the Planning Board meeting at which the project is to be considered. The Town Planner or the Town Planner's designee shall record the date when the material is received. The Planning Board shall not be required to hold a public hearing until the Town Planner or Town Planner's designee has received all required information and documents. F. Following preliminary subdivision approval, the subdivider may proceed to stake out roads and lots, to prepare final plans and any engineering plans showing information and data required by these regulations and other applicable provisions of law, and the subdivider shall also furnish such other information as may be lawfully and reasonably required by the Planning Board. The act, in itself, of the Planning Board in granting preliminary approval of a subdivision plan shall not be interpreted to create a presumption, or in any way imply,that the Planning Board will give final approval to the subdivision if all conditions contained in the preliminary approval have not been met to the satisfaction of the Planning Board or if the Planning Board determines that the subdivider has not met all other requirements of any applicable rule, regulation, code or law or any other requirements which the Planning Board may reasonably impose before any final approval is given. § 234-7. Environmental review. The subdivider, at any stage of his application for subdivision approval shall furnish such information, data, maps, reports or other documents which the Town or the Planning Board, as its agency, may require for the environmental review procedures including all applicable requirements of the New York State Environmental Quality Review Act and Chapter 148, Environmental Quality Review, of the Code of the Town of Ithaca, as it may be amended from time to time, or any other applicable rule, regulation, code or law. The Planning Board will usually act as the lead agency for the environmental review of subdivisions within the Town of Ithaca, although the subdivider may also be required to obtain permits from other agencies, such as the Tompkins County Health Department, prior to final approval of the project. 234:6 06-01-2004 § 234-8 SUBDIVISION OF LAND § 234-10 §234-8. Fees. A. There shall be paid to the Town the application fees, review fees, hearing and/or agenda fees, escrow deposits, SEQR fees and other charges set forth in Chapter 153, Fees, of the Code of the Town of Ithaca, and any other applicable chapter or law.' B. The amounts of such fees, the time of payment of same, the process for calculating, depositing and/or paying same, and the circumstances under which the fees or deposits may be modified shall all be as set forth in such section of such ordinance. C. The Town officials receiving such fees shall issue a receipt stating the purpose of the payment. This receipt must be filed with the application as evidence of payment. §234-9. Violations and penalties. A. A violation of these regulations is an offense, punishable as set forth in § 268 of the Town Law. B. Notwithstanding any other provisions of these regulations, the Planning Board may refuse preliminary or final subdivision approval to a subdivider, as long as the subdivider, or any person or entity under or in the control of such subdivider, is in default in the performance of any actions required of them pursuant to law or pursuant to conditions imposed in connection with a previously approved subdivision in the Town of Ithaca. §234-10. Appeals and waivers. A. The appeal by an aggrieved person for a review of the determination of the Building Inspector, Town Engineer, or Town Planner as provided for in § 234-3A of these regulations shall be made in writing, shall set forth in a reasonably concise manner the determination from which an appeal is made and a full statement of the particulars and reasons why the subdivider believes the appeal should be reviewed in such detail on such forms as may be required by the Planning Board. Such appeal must be filed with the Secretary of the Planning Board at least 14 days prior to the meeting of the Planning Board at which the appeal shall be heard. The Planning Board in its sole discretion may waive the aforesaid requirement and permit an appeal to be reviewed in a shorter period of time. The Planning Board shall render its decision in writing within 30 days of the meeting at which the appeal is reviewed. B. Waivers. When the strict application of any of the specifications and provisions of these regulations will cause unnecessary or significant hardship or practical difficulties, the Planning Board may waive any such specification or other provision provided that the Planning Board determines that neither a significant alteration of the purpose of subdivision control is made, nor the policy enunciated or implied by the Town Board in adopting these regulations is impaired. Whenever any such waiver is granted, a copy 6. Editor's Note:Amended at time of adoption of Code(see Ch.1,General Provisions,Art.1). 234:7 06-01-2004 § 234-10 ITHACA CODE § 234-14 thereof must be immediately delivered to the Town Clerk for distribution to the members of the Town Board. C. An appeal from any determination of the Planning Board shall be made in accordance with the requirements of Article 78 of the New York Civil Practice Law and Rules. §234-11. Amendments and rules. These regulations may be amended from time to time by the Town Board. The Planning Board may adopt and amend rules for the administration and implementation of these regulations, provided they are not in conflict therewith. A copy of any such amendments shall be distributed to the Town Clerk for distribution to the Town Board members. §234-12. Severability. A final determination by a court of competent jurisdiction that any one or more of the provisions of these regulations are illegal, unconstitutional or otherwise void shall not affect the validity of all other provisions and such other provisions shall continue to be enforceable and in full force and effect. §234-13. When effective. These regulations shall be effective upon adoption by the Planning Board and approval of the Town Board. The Planning Board may direct that a notice of the adoption shall be published in the official newspaper within 10 days of the approval by the Town Board. ARTICLE II General Procedures for Subdivision Review §234-14. Sketch plans and preapplication information. When required by the Planning Board or Town Planner, the subdivider shall present a sketch plat and supporting data for purposes of informal review and discussion. When not otherwise required, a sketch plat may be submitted at the option of the applicant. When provided, a sketch plat should include the following information: A. General subdivision information outlining the existing conditions of the site and the proposed development. B. A location map showing the relationship of the proposed subdivision to existing community facilities. C. A plat showing in simple form the proposed layout of streets, lots, and other features of the proposed subdivision. D. A Town of Ithaca Short Environmental Assessment Form, Part I, which should be completed and filed with the Planning Board at the time of sketch plat review. 234:8 06-01-2004 § 234-14 SUBDIVISION OF LAND § 234-16 E- A fee or deposit in the amount required by the applicable section of Chapter 153, Fees, of the Code of the Town of Ithaca, or other statute as appropriate. §234-15. Preliminary subdivision review. A. The procedure for preliminary subdivision review shall be as provided for in these regulations and Town Law §§ 276 through 281, as they may from time to time be amended. The preliminary plat, topographic map, street profiles and all other necessary information shall be in full compliance with the provisions of Town Law and these regulations except where variations therefrom may be specifically authorized by the Board. B. The subdivider shall submit to the Town Planner or the Town Planner's designee a development review application, a preliminary plat in the form required by Article VI, § 234-36, the Town of Ithaca Environmental Assessment Form, Part I, and 20 reduced copies of the improvement plans and other information required by these regulations. All required information must be received by the Planning Department at least 20 business days prior to the Planning Board meeting at which the subdivision will be considered. C. The applicant shall post a public notice sign on the property at least 14 and no more than 30 days prior to the public hearing as specified in § 234-413, as amended. Failure to post or maintain the signs as provided in this subsection shall not be a jurisdictional defect and any action taken by the Planning Board in connection with the application shall not be nullified or voidable by reason of the failure to comply with this subsection. However, the failure to post or maintain the sign may be grounds, should the Planning Board in its discretion so determine, to deny the application sought or to decline to hear the matter at the scheduled meeting date by reason of the failure to have the appropriate signs installed and/or maintained. The Planning Board may, on good cause shown, waive the requirement of the posting of signs as called for by this section and by the applicable provisions of Chapter 270, Zoning. D. Any action or determination of the Planning Board approving an application, in whole or in part, whether final or preliminary, shall be revocable, in whole or in part, if the action or determination was made in reliance on any misrepresentation, concealment, or other fraudulent act or statement by the applicant or was based on a mistake as to a material matter. § 234-16. Final subdivision review. A. The procedure for final subdivision review shall be as provided for in these regulations and Town Law §§ 276 through 281, as they may from time to time be amended. The subdivider must file with the Board an original and four copies of the final subdivision plat and street profiles in the form described in Article VI, § 234-38, except where variations therefrom may be specifically authorized by the Board. B. The final plat and improvement plans shall be submitted to the Town Planner or Town Planner's designee at least 20 business days prior to the date of the Planning Board 234:9 06-01-2004 § 234-16 ITHACA CODE § 234-19 meeting at which time final approval is requested. The Town Planner shall enter the date of receipt on the material submitted. C. The Planning Board shall, within 45 days from the date of submission of the final plat, conditionally approve with or without modifications, disapprove, or grant final approval and authorize signing of such plat. The Planning Board may also, for good reason, cause the extension of this review period. Such approval shall, however, not be deemed final until the subdivider has complied with the provisions of the following subsections: (1) The subdivider shall tender 'offers of cession," in a form certified as satisfactory by the Town Attorney, of all land included in streets, highways or other public improvements. However, approval of the plat by the Planning Board shall not constitute acceptance by the Town Board of any street, highway, or other public improvements. (2) The subdivider shall obtain and file with the Planning Board a letter from the Tompkins County Department of Health indicating satisfactory design compliance with the realty subdivision provisions of the County Sanitary Code. §234-17. Modifications of final plat. If there are modifications of the final plat requested by the subdivider subsequent to its filing in the office of the County Clerk, such requests shall be made in writing to the Town Engineer, who is hereby empowered to approve minor, practical modifications on behalf of the Planning Board. When, in the opinion of the Town Engineer, the requested modifications are substantial in nature, scope or extent, and materially affect the subdivision plat as approved by the Planning Board, the subdivider shall not proceed without the approval of the Planning Board. Such approval may be granted at any public meeting of the Board called for this purpose. The Town Engineer shall report any modifications approved by him to the Planning Board at its next regularly scheduled meeting. ARTICLE III Interpretations and Definitions §234-18. Internal references. References herein to articles, sections, subsections, and paragraphs are to those parts of these regulations, unless context indicates otherwise. § 234-19. Construction. For the purposes of these regulations, the language set forth shall be interpreted according to the following rules of construction: A. The singular includes the plural. B. The plural includes the singular. C. The word "shall" means the action is mandatory. 234:10 06-01-2M § 234-19 SUBDIVISION OF LAND § 234-20 D. The words "may" or "should" means the action is elective. E. The word "she" includes "he." §234-20. Definitions. As used in this chapter, the following terms shall have the meanings indicated: ALLEY— A private thoroughfare less than 20 feet in width. ATTACHED DWELLING UNITS — Two or more dwelling units which share common structural building elements and are constructed on the same building lot. BASEMENT — A story partly underground but having at least 1/2 of its height above the average level of the adjoining ground. A basement, or cellar, shall be counted as a story for the purposes of height regulation. BLOCK — A parcel of land partially or entirely surrounded by public highways, streams, railroad rights-of-way, parks or a combination thereof, which has been subdivided into lots. BOARD— The Planning Board of the Town of Ithaca. BUFFER AREA — An area bordering the lot lines of the property on which a clustered subdivision is to be built, within which there shall be no permanent structures. A parking lot shall be considered a permanent structure for the purposes of these regulations. BUILDING HEIGHT — The distance from the surface of the lowest level (floor of a crawl space, basement floor, slab, or other floor, even if below exterior grade level) in contact with the ground surface to the highest point of the roof, excluding chimneys, antennas or other similar protuberances. BUILDING INSPECTOR — The duly designated Building Inspector of the Town of Ithaca or the consultant employed for that purpose. BUILDING LOT— See "lot." CELLAR — A story partly underground but having at least 1/2 of its height below the average level of the adjoining ground. A basement or cellar shall be counted as a story for the purposes of height regulation. CLUSTER— A development of residential dwelling units on lots which may be smaller than permitted within the existing zone, but where the number of dwelling units shall in no case exceed the number which could be permitted, in the Planning Board's judgment, if the land were subdivided into lots conforming to the minimum lot size and density requirements of Chapter 270, Zoning, applicable to the district or districts in which such land is situated and conforming to all other applicable requirements. COMMUNITY CENTER— A structure built within a clustered subdivision which may have recreational or public meeting facilities, and is to be used primarily by the residents of the clustered subdivision and their guests. 234:11 06-01-2M § 234-20 ITHACA CODE § 234-20 COMPREHENSIVE PLAN— A plan prepared by the Planning Board pursuant to § 272-a of the Town Law which indicates the general locations recommended for various functional classes of public works, places and structures and for the general physical development of the Town. In the Town of Ithaca, the Comprehensive Plan is not a single document, but includes such diverse elements as zoning ordinance, subdivision regulations, highway map, water and sewer master plans, official zoning designation map, consultant reports, and duly adopted ordinances, laws, resolutions, rules and regulations that specifically address future Town needs. Also known as "Master Plan." CUL-DE-SAC — A street having one end open to traffic and the other end permanently terminated by a vehicular turnaround. DEAD-END STREET— A street, similar to a cul-de-sac, but providing no turnaround at its closed end. DETACHED DWELLING UNITS — Dwelling units which share no common structural building elements and are constructed on separate building lots. DRIVEWAY— A portion of a lot or a right-of-way less than 20 feet wide providing access to buildings or other structures on one or more lots. DWELLING UNIT — A building, or portion of a building, providing complete living facilities including food preparation area and bath. EASEMENT — A grant by the property owner to the public, a corporation, or a certain person or persons of the use of a strip of land for a specific purpose. ENGINEER— The Town Engineer of the Town of Ithaca. FINAL PLAT — The map or plan prepared in accordance with these regulations which is signed by the Chairman of Planning Board and filed in the office of the County Clerk following final subdivision approval. GROSS AREA — The amount of land in a subdivision before roads, rights-of-way, parks, and permanent open space are deducted. HIGHWAY— See "street." IMPROVEMENTS — All requirements of these regulations which cause a physical change to be made to the site and which are reasonably related to the preservation of the health, safety, and welfare of community. Such improvements may include, but are not limited to, all public utilities, roads, sidewalks, landscaping and buffering, lighting, parkland and recreation equipment, and monuments. LOT— A parcel of land or volume of space. LOT AREA — The deed description of a lot with the exception of any portion of a public highway right-of-way. LOT LINE— The property boundary of a lot. MASTER PLAN— See "Comprehensive Plan." 234:12 06-01-2004 § 234-20 SUBDIVISION OF LAND § 234-20 MULTISTORY DWELLING UNITS — Dwelling units which are built one above another in a single structure with two or more stories. The separate building lots for the second and higher dwelling units shall be indicated by three-dimensional descriptions on the subdivision plat. This term includes both dwelling units which are constructed above each other and also those where some proportion of the higher dwelling unit or units are constructed adjacent to, as well as above, the lower dwelling unit or units. OFFICIAL MAP— The map established by the Town Board pursuant to § 270 of the Town Law, showing streets, highways, and other public proposals theretofore laid out, adopted, and established by law as well as any amendments adopted by the Town Board or additions thereto resulting from approval of subdivision plats by the Planning Board and the subsequent filing of these approved plats. Also known as the "Official Zoning Designation Map." PLANNING BOARD— The Planning Board of the Town of Ithaca. PLAT — The map, plan, drawing or chart on which a subdivider's plan of subdivision is presented to the Planning Board for approval; the final plat, if approved, will be submitted to the County Clerk or registrar for recording. PRIMARY THOROUGHFARE — A highway that provides for fast or heavy traffic of considerable continuity and that is or will be used primarily as a traffic artery for interconnection between areas of concentration. This includes, but is not limited to, federal, state and county highways and shall include those streets designated as "primary thoroughfares" on the Highway Master Plan, if such exists. RESUBDIVISION — A change in the map of an approved or recorded subdivision if such change affects highway layout shown on such map, or areas reserved for public use, or any change of a lot line. Resubdivision is included in the word "subdivision" in these regulations. SEMIDETACHED DWELLING UNITS — Dwelling units which share common structural building elements but which are built on separate building lots. SEQR— New York State Environmental Quality Review Act! SETBACK LINE— A line on a plat usually parallel to the center line of the street between which line and the street line no building or structure may be erected. SKETCH PLAT — A sketch of the proposed subdivision showing the proposed general layout of streets, lots, or other features that may be submitted to the Planning Board by the subdivider for informal discussion and review, on which the preliminary plat will be based. STORY — The vertical space between a floor and ceiling which in no instance shall be less than the minimum vertical distance required by any officially adopted fire or building code in the State of New York. For the purposes of these regulations, multilevel structures or dwelling units shall be defined as having more than one story for the purposes of height regulation if the minimum vertical distance between any floor and the next highest floor anywhere in the structure or dwelling unit exceeds six feet. 7. Editor's Note:See Environmental Conservation Law§8-0101 et seq. 234:13 06-01-2004 § 234-20 ITHACA CODE § 234-20 STREET — A right-of-way at least 20 feet wide, dedicated to public use, or a private right-of-way not less than 20 feet in width serving more than one ownership, for a primary access to adjacent lands or subject to public easements, and whether designated as a highway, thruway, road, avenue, boulevard, lane, drive, place, circle or however otherwise designated. STREET PAVEMENT — The surface of the roadway prepared in the manner specified by Town of Ithaca Highway specifications. STREET WIDTH — The width of the right-of-way, measured at right angles to the center line of the street. SUBDIVIDER — Any person, firm, partnership, association, corporation, estate, trust, or another group or combination acting as a unit, undertaking the dividing of land so as to constitute a subdivision as defined herein. This definition includes any agent of the subdivider. SUBDIVISION— A. The division of any parcel of land into two or more lots, plots, sites or other divisions of land; for immediate or future use, sale, or transfer. B. Development in such a way as to create one or more new streets. C. Conventional: a subdivision which creates lots meeting all minimum lot size requirements in which no provision is made for common ownership of undivided open space in the subdivision. D. Cluster: a subdivision in which lots are smaller than the minimum size required by ordinance and in which the remaining area is maintained as permanent open space. This term includes the creation of, and all changes in, highway and lot lines, whether or not new building or development is to occur. Lots over five acres to be used solely for agricultural purposes are exempted from this definition. This term includes resubdivision and, when appropriate to the context, shall relate either to the process of subdividing or to the land subdivided. SURVEYOR— A person licensed as a land surveyor by the State of New York. TOWN ENGINEER — The duly designated engineer of the Town of Ithaca or the engineering consultant employed by the Town. TOWN PLANNER — The duly designated planner for the Town of Ithaca, or the planning consultant employed by the Town. ZONING MAP— The map included as part of Chapter 270, Zoning, that designates land use districts. 234:14 06-01-2004 § 234-21 SUBDIVISION OF LAND § 234-22 ARTICLE IV Reservation Requirements and Subdivision Design Standards §234-21. Reservation of land for public facilities. A. Whenever a subdivider proposes to subdivide land which includes, or appears to include, all or part of the proposed site for a public facility, the Planning Board shall submit the plat to the public body responsible for acquiring the land for the site before approving the preliminary plat of the subdivision. If this public body determines that the site for the public facility or public utility should be located within the boundaries of the proposed subdivision, then the Planning Board may require the subdivider to reserve land for public acquisition and shall designate the boundaries of said land. Such reservation shall be for a period determined by the Planning Board. Upon receipt of a preliminary plat where a site for a public facility may be involved, the Planning Board shall transmit a copy of the plat to the public body responsible for the acquisition of the site. B. No dedication by the subdivider for an easement or a highway or other public use shall be shown on a plat unless the Town Board determines to accept such dedication. When a subdivision is traversed by a watercourse, drainage way, channel, stream, or creek, the subdivider may be required to provide a stormwater easement or drainage right-of-way of sufficient width for such purpose and its maintenance, wherever the Planning Board finds such easement desirable. C. Where alleys are not provided or may not be used for that purpose, easements not less than five feet in width shall be provided, preferably at the rear of each lot, for poles, wires, conduits, storm sewers, sanitary sewers, gas lines, water mains and lines, and other utility purposes as required. In no case shall the combined widths of the easements on both sides of a rear lot line be less than 10 feet. Additional easements shall be provided where required by the Planning Board. §234-22. Reservations of parks and recreational land. [Amended 4-10-19951 A. Before the Planning Board may approve a subdivision plat containing residential units, such subdivision plat shall show, when required by the Planning Board, a park or parks suitably located for playground or other recreational purposes. The amount of land to be so reserved is normally, subject to the provisions below, in the amount of 10% of the gross area of the subdivision. The area shall be shown and marked on the final plat "Reserved for Park and/or Playground Purposes." B. Land for park, playground or other recreational purposes shall not be required until the Planning Board has made a finding that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the Town. Such finding shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the Town based on projected population growth to which the particular subdivision plat will contribute. Such evaluation may also include reference to any current Parks, Recreation and Open Space Plan existing in the Town. C. In the event the Planning Board makes a finding pursuant to Subsection B of this section that the proposed subdivision plat presents a proper case for requiring a park or parks 234:15 06-01-2M § 234-22 ITHACA CODE § 234-23 suitably located for playgrounds or other recreational purposes, but that a suitable park or parks of adequate size to meet the requirement cannot be properly located on such subdivision plat, the Planning Board may require a sum of money in lieu thereof in an amount to be established by the Town Board. In making such determination of suitability, the Planning Board shall assess the size and suitability of lands shown on the subdivision plat which could be possible locations for park or recreational facilities, as well as practical factors including whether there is a need for additional facilities in the immediate neighborhood. Any monies required by the Planning Board in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of this section, shall be deposited into a trust fund to be used by the Town exclusively for park, playground or other recreational purposes, including the acquisition of property. D. If the Town Board, by resolution or local law, has established the amounts, or a formula by which amounts payable in lieu of land reservation may be determined, the amounts payable pursuant to this section shall be as set forth in, or determined by, such local law.3 E. If the Planning Board, upon the findings set forth above, requires a reservation of parkland or recreational land, such reservation shall be of suitable size, dimension, topography, and general character and shall have adequate road access for the particular purposes envisioned by the Planning Board. The Board may require that the recreation area be located at a suitable place on the edge of the subdivision so that additional land may be added at such time as the adjacent land is subdivided. The subdivider may dedicate all such recreation areas to the Town. F. Land reserved for use as playgrounds or playfields shall be of a character and location suitable for such use. This land shall be relatively level and dry and shall be improved by the subdivider to the standards required by the Planning Board. G. The provisions of this section are minimum standards. None of the subsections above shall be construed as prohibiting a subdivider from reserving other land for recreation purposes in addition to the requirements of this section. §234-23. Highway improvements. A. All roadways shall be paved and all road signs installed according to the Town of Ithaca Highway Specifications, copies of which are available in the office of the Town Engineer. The subdivider shall improve or agree to improve all highways, alleys, and other ways to provide drainage improvements, all in such manner as is necessary for the general use of lot owners in the subdivision and to meet local traffic and drainage needs. B. The arrangement of streets in the subdivision shall provide for the continuation of the principal streets in adjoining subdivisions or for their proper projection when adjoining property is not subdivided, and shall be of a width at least as great as that of existing connecting streets or the minimum highway widths established here. As a general rule the right-of-way of streets shall not be less than 60 feet. The street arrangement must provide for reasonable access from adjoining property that has not been subdivided. & Editor's Note:See Ch 153,Fees,§153-12,Fees in lieu of recreational land reservation. 234:16 06-01-2004 § 234-23 SUBDIVISION OF LAND § 234-23 C. Street names shall be shown; they shall provide for continuation of the names of existing streets wherever appropriate; they shall not duplicate the names of highways elsewhere in Tompkins County. Highway names shall be subject to the approval of the Planning Board. House numbers shall be assigned by the Town Engineer.' D. Alleys shall be provided along the rear lines of lots intended for commercial or industrial use, except in the case of developments such as shopping centers and industrial parks where access to individual establishments will be over common space on the lot. Alleys shall not be provided for lots intended for residential use, unless the subdivider produces evidence satisfactory to the Planning Board of the need therefor. E. The right-of-way of an alley serving commercial or industrial properties shall be 20 feet, and that of one serving residential properties shall be 20 feet. Alley intersections and sharp changes in alignment shall be avoided, but where necessary, corners shall be rounded at a twenty-foot radius or cut off with an equivalent chord. Dead-end alleys shall be avoided wherever possible, but if unavoidable, shall be provided with adequate turnaround or backaround facilities, as determined by the Planning Board. F. Highway grading and paving shall be required for all highways to be opened by dedication in the subdivision, but where a frontage road is provided, the improvement requirement shall apply only to such frontage road and not to the through portion of the highway. In addition, highway grading and paving shall be required for all highways to be dedicated for frontage roads, including those abutting or adjacent to existing highways. G. There shall be a minimum of 600 feet between intersections on primary thoroughfares. Street jogs shall be avoided. There shall be a minimum of 300 feet between the center lines of highway intersections. Highway intersections shall be at right angles as nearly as possible, and no intersections shall be at an angle less than 70°. Detailed designs of intersections may be required. Curb radii at intersections shall not be less than 20 feet and property lines shall be adjusted accordingly. Side lines of lots, insofar as practicable, shall he at right angles or radial to street lines. H. For thoroughfares having a right-of-way width of more than 60 feet, longitudinal profile grades shall be connected by vertical curves of a minimum length equivalent to 20 times the algebraic difference between the rates of grade, expressed in feet per hundred. For all other thoroughfares, the vertical curves shall be equivalent to 10 times such difference. At any point,the minimum sight distance shall be 350 feet. I. Where provided, a street with a cul-de-sac shall not exceed 1,000 feet in length and shall be terminated in a turnaround having a property line radius of not less than 50 feet. Where a dead-end street is dedicated for the purpose of providing future access to adjacent property, its length shall not exceed 1,000 feet. Where any lot has its principal access on such street, the street shall be terminated in a turnaround or backaround acceptable to the Town Engineer. J. The minimum right-of-way width shall be 60 feet. Additional rights-of-way may be specified where deep cuts or fills will be encountered. Where a thoroughfare is 9. Editor's Note:See also Ch.192,Numbering of Buildings. 234:17 06-01-2004 § 234-23 1THACA CODE § 234-24 designated in the Comprehensive Plan as having fully or partially controlled access, and the subdivider elects to provide a frontage road rather than back or side lots on the thoroughfare, full right-of-way shall be dedicated for the frontage road. (1) Where any highway deflects at an angle of 10° or more, the minimum radii of center line curvatures and the minimum lengths of reverse curves shall be as follows, where not specified in the Comprehensive Plan: RADIUS TANGENT TYPE OF HIGHWAY (N[IN.) (MIN.) Ramp 100 100 Cul-de-sac 50 100 Other local streets 140 100 Highway 270 200 K. Where a subdivision contains or abuts a thoroughfare designated as having fully controlled access or partially controlled access in the Comprehensive Plan, the plat shall provide for such control for the purpose of reducing traffic hazards by eliminating conflict between local traffic entering and leaving driveways and through traffic. Where a plat includes lots which directly abut such a thoroughfare, rather than a frontage, the Planning Board may require the subdivider, by sufficient instrument, to relinquish right of access to the thoroughfare from such lots. L. The roads in the subdivision shall have no more than the maximum gradients specified in the Town's Highway Specifications, as amended from time to time. §234-24. Blocks and lots. A. Each normal block shall be planned to provide two rows of lots, but irregularly shaped blocks indented by cul-de-sac streets will be acceptable when properly designed with an adequate turnaround. The lengths, widths, and shapes of blocks shall be determined with due regard to the provision of building sites suitable to the special needs of the type of uses contemplated, zoning requirements as to lot sizes and dimensions, need for convenient access, circulation, control and safety of highway traffic, solar access and the limitations and opportunities of topography. B. Residential blocks shall not be more than 1,500 feet in length, except as the Planning Board determines necessary to secure efficient use of land or to achieve desired features of the highway system; measurement of block length shall be between property lines. In any block over 700 feet long, the Planning Board may require the subdivider to dedicate and construct a public walkway transversely across the block. Such walkway shall have a minimum right-of-way of 20 feet, of which at least eight feet shall be paved. Residential blocks shall be wide enough to provide two tiers of lots of minimum depth, except where permitted in § 234-23. 234:18 06-01-2004 § 234-24 SUBDIVISION OF LAND § 234-26 C. The area, width, depth, and orientation of lots shall be appropriate for the location of the subdivision and for the type of development permitted by Chapter 270, Zoning, or contemplated in the Comprehensive Plan. Except for areas which have been previously platted as small lots, minimum lot areas and dimensions shall be as established in Chapter 270, Zoning, including the approved plans of the planned development districts. In areas which at the effective date of these regulations were platted and a map of which has been recorded in the office of the County Clerk with lots having areas or widths less than those required by Chapter 270, Zoning, the Planning Board may permit the platting or replatting of lots conforming generally in area and width to existing lots in the immediate vicinity, but the areas shall not be reduced below 6,000 square feet or the widths below 50 feet. D. Where any lot is proposed to be served by an individual sewage disposal system, the minimum dimensions of each lot shall be determined by the Health Department. The Health Department may require the subdivider to provide acceptable percolation tests for lots to be served by individual sewage disposal systems, except that no such lot shall have an area of less than 30,000 square feet. E. Corner lots shall be increased in size whenever necessary so as to provide that any structure to be placed thereon shall conform to the provisions of Chapter 270, Zoning. Lots which are sufficiently large to make possible replatting in the future shall be of such shape to facilitate replatting. Side lot lines shall be substantially at right angles or radial to street lines. Where a building setback line is shown on a plat, it shall not be in front of any building setback line established by ordinance. §234-25. Solar access. The Planning Board may require subdivisions to be platted so as to preserve or enhance solar access for either passive or active systems, consistent with the other requirements of these regulations. Improvement of solar orientation may be a sufficient consideration, in the judgment of the Planning Board, to warrant site plan modifications. §234-26. Storm drainage. A. All land development shall be related to the surrounding drainage pattern, with provisions made for proper storm drainage facilities. All drainage improvements must be acceptable to the Town Engineer. Minimum runoff shall be determined by the Rational Method or an equivalent formula with conventional runoff factors, using as a minimum a rainfall rate of 0.5 inches per hour. In all instances, provisions shall be made for adequate storm drainage and drainage structures to prevent water from standing on any portion of dead-end streets or culs-de-sac. B. Diversion of storm flow shall be avoided, wherever possible. If stormwater is to be diverted from its natural course, the constructions plans shall include: (1) A sketch showing the existing waterway and the location of the proposed channel change; 234:19 06-01-2004 § 234-26 ITHACA CODE § 234-28 (2) Profile of existing watercourse; and (3) Provisions for the prevention of soil erosion and silting, such as sodding and paving, in open watercourses. C. Where an underground drainage system is installed, emergency surface drainage overflows shall be provided to prevent possible flooding in the event of failure of the underground drainage system. D. In developments with an average grade of 7% or more, detention ponds, check dams or other structures shall be provided to reduce the velocity of storm runoff. Riprapping shall be required in areas designated by the Town Engineer. §234-27. Water supply and sanitary sewerage. A. When connections are to be made immediately to a community water system or public water supply, water lines shall be installed to serve each lot in the subdivision prior to the application for acceptance of the streets or rights-of-way. Where such connection to said system is not to be made immediately, but is contemplated within five years, plans shall be prepared for future installation of a water distribution system to serve each lot, and those parts of such system which will be in the paved portion of streets and alleys shall be installed before the streets and alleys are paved. Plans for water systems shall conform in all respects to the standards for the design of water systems of the New York State Department of Health and New York State Department of Environmental Conservation and shall be subject to the approval of the Town Engineer, the Southern Cayuga Lake Intermunicipal Water Commission, and the Tompkins County Health Department. B. When connections are to be made immediately to a community disposal system or public sewer system, sanitary sewers shall be installed to serve each lot in the subdivision prior to the application for acceptance of streets or rights-of-way. Where such connection to said system is not to be made immediately, but is contemplated within five years, plans shall be prepared for future development and installation of a sewerage system to serve each lot, and those parts of such system which will be in the paved portion of streets and alleys shall be installed before the streets or alleys are paved. Plans for sewer systems shall conform in all respect to the standards for the design of sanitary sewer facilities of the New York State Department of Health and New York State Department of Environmental Conservation and be subject to the approval of the Town Engineer and the Tompkins County Health Department. §234-28. Survey monuments. A. Concrete monuments, the specifications of which are hereinafter set forth, shall be set in each subdivision. At least two reference ties shall be established in the most permanent manner possible, to the exterior corners of the lot finally platted. The markers and ties shall be shown on each final plat of all subdivisions. The monuments shall be placed normally on block corners or points of curve and shall be no more than 1,000 feet apart. 234:20 06-01-2004 § 234-28 SUBDIVISION OF LAND § 234-31 B. The monuments shall be constructed of reinforced concrete (3,000 psi in 28 days) and have no fewer than two no. 3 deformed bars in them, evenly spaced. The monuments shall be six inches in diameter and 36 inches in length. Each monument shall have a cross case in the top center or a copper rod extending 1/4 inch above the concrete. All such monuments may be precast or cast in the hole. It shall be the responsibility of the developer to maintain the monuments on all unsold lots. §234-29. Underground wires and cables. Wires and cables providing local utility and similar services (including but not limited to electric, telephone, cable television, and streetlighting) in residential subdivisions shall be placed underground. §234-30. Phased developments. In large, phased developments, a sequential installation of utilities and improvements shall be made in accordance with an agreement satisfactory to the Town Planner, Town Engineer and Town Attorney. The phasing agreement shall provide for the maintenance of existing roads and utilities. ARTICLE V Rules and Regulations for Clustered Subdivisions §234-31. Minimum gross area. A. The minimum gross area for any clustered subdivision proposal shall be five acres. Clustered subdivisions are permitted only in any residential district of the Town of Ithaca. Agricultural lands must first be rezoned to a residential designation before a clustered subdivision plan may be brought before the Planning Board for review. The Planning Board may not require a subdivider to prepare a cluster plan for lands in a Residence District R9. B. The area of the subdivision required to be reserved by the developer for open space shall not be more than 10% of the gross area, and shall contain in any event a parcel with an open area of at least 10,000 square feet. C. At the time of preliminary approval, it shall be determined whether or not the subdivision to be considered shall be a cluster design. When the subdivider presents to the Planning Board a traditional subdivision plan, the Planning Board may approve a preliminary plat for a given number of units, contingent upon all or part of those units being clustered in a final plat acceptable to the Planning Board. D. When the subdivider proposes to develop a portion of the property as a traditional subdivision and a portion as a clustered subdivision, the Planning Board may approve, modify and approve, or disapprove the proportions of the project and locations which shall be developed traditionally or be clustered. 234:21 06-01-2004 § 234-31 ITHACA CODE § 234-32 E. In the event the Planning Board approves a traditional subdivision plan at the preliminary subdivision hearing, the subdivider shall have the option of submitting a cluster plan prior to final plat approval. In this case, the Planning Board shall schedule a public hearing prior to final subdivision approval in order to consider the cluster proposal. §234-32. Number of dwelling units permitted. A. The number of dwelling units permitted in a clustered residential subdivision may in no case exceed the number otherwise permitted, in the Planning Board's judgment, by the applicable sections of Chapter 270, Zoning of the Code of the Town of Ithaca. The Planning Board may restrict the subdivider to a lesser number of dwelling units if, in the Planning Board's judgment, particular conditions of the site warrant such restriction. Notwithstanding the foregoing, the density of dwelling units in a clustered development shall not exceed 3.5 dwelling units per gross acre in a Residence District R15 or 2.3 dwelling units per gross acre in a Residence District R30. B. To determine the number of dwelling units permitted to be clustered pursuant to § 281,"the Planning Board may require the subdivider, as part of the sketch plat review process, to prepare a conventional subdivision plat which meets all standards of Chapter 270, Zoning, subdivision regulations, and Town of Ithaca highway and open space regulations. C. The Planning Board may exclude areas from the sketch plat which, in its opinion, are unsuitable for construction of the proposed housing because of excessive slopes, poor drainage, or other considerations which may be injurious to the health, safety, and welfare of the community. D. Considerations which the Planning Board may use in order to limit the number of dwelling units or lots which may be developed in any clustered subdivision include but are not limited to: (1) Will such a development be substantially and materially injurious to the ownership, use and enjoyment of other property in the vicinity or neighborhood; (2) Will such a development impede the orderly development of land in the vicinity or neighborhood, and will such use be appropriate in appearance and in harmony with the existing or intended character of such land in the vicinity or neighborhood; (3) Will the street system and off-street parking facilities handle the expected traffic in a safe and efficient manner and not place an undue burden on existing roads; (4) Will the natural surface drainageways continue to work effectively; (5) Are water and sewerage or waste disposal facilities adequate; (6) Is the environmental quality of the proposal, in terms of site planning, design, and landscaping, compatible with the character of the neighborhood; 10. Editor's Note:Town Law¢281 re:clustered subdivisions was renumbered and amended by L. 1992,c.727.See now Town Law§278. 234:22 06-01-2004 § 234-32 SUBDIVISION OF LAND § 234-34 (7) Are lot area, access, parking, and loading facilities sufficient for the proposed activities; (8) What effect will the density of such clustered construction and use have on the appearance and maintenance of open spaces in a neighborhood. E. The number of units allowed in any clustered subdivision shall not exceed the number determined by the Planning Board as shown on the sketch plat. The Planning Board may allow the subdivider to cluster the permitted number of dwelling units in detached, semidetached, attached, or multistory structures. F. No more than six semidetached, attached, or multistory dwelling units shall be permitted to be clustered in any one structure, nor shall that structure be more than three stories high, including the basement or cellar. Distances between structures in the clustered subdivision shall be no less than 30 feet. No building shall be more than three stories. In any event, no building shall be more than 34 feet in height. §234-33. Buffer zone requirement. Buffer zones shall be at least 30 feet wide between the buildings in a clustered subdivision and the boundary of adjacent property in residential, public use, and agricultural zoning districts, and at least 20 feet wide between the buildings in a clustered subdivision and the boundary of adjacent property in commercial, industrial, or other zoning districts. Parkland deeded to the Town of Ithaca pursuant to these subdivision regulations shall be provided with a separation from the nearest building of at least 20 feet. The Planning Board may require a buffer at least 40 feet wide between the edge of the pavement of any public road in a clustered subdivision and any adjoining property. Notwithstanding the foregoing, the Planning Board may require a buffer of at least 125 feet between a community center and the boundary of adjacent properties in any zoning district. The Planning Board may also, at its discretion, require the subdivider to provide adequate landscaping within the buffer area. Parking shall be forbidden in the buffer area. § 234-34. Regulation of exterior characteristics. A. The Planning Board may, in the course of subdivision plat review, regulate the exterior characteristics of any proposed structures or uses in order that the development shall be, in the judgment of the Planning Board, compatible with the surrounding community. Factors which may be considered in this judgment include, but are not limited to: (1) The view to be afforded present owners of private property, or legal users of public property, in the vicinity of the proposed clustered subdivision after construction of the project; (2) The description and nature, including size, shape, color of materials to be used in the proposed structures and other areas; (3) Ambient noise incidental to the normal activity in the project, as presented, or extraordinary noise incidental to the construction of the project; 234:23 06-01-2004 § 234734 ITHACA CODE § 234-36 (4) The phasing plan proposed by the subdivider, if the development is to be built in stages; B. All chimneys, lightning rods, radio and television antennas, passive or active solar collectors, or other similar appendages or structures or facilities which may be permitted in the clustered subdivision shall be detailed in the subdivision plat, map or other documents. These details shall be noted in the conditions of final approval and must be made available to all prospective buyers of property in the subdivision. The Planning Board may require a subdivider to provide a master antenna or provide cable television service for the development if, in the Board's opinion, the location of the proposed development would make the use of separate antennas by individual homeowners unsightly or impractical. §234-35. Restriction of unrelated persons. As a condition of approval of a clustered subdivision plan, the Planning Board may restrict or require the restriction of the number of unrelated persons who may be allowed to live in any dwelling unit or in the clustered development as a whole to a number less than that permitted by Chapter 270, Zoning, irrespective of any subsequent revisions. These restrictions may be made conditions of preliminary or final approval or placed on the subdivision plat or included in the approval of any homeowners' agreements, covenants and bylaws, open space agreements, and/or similar documents subject to the final approval of the Town Board. No certificate of occupancy or compliance shall be issued for any building or dwelling unit in a clustered subdivision unless the Building Inspector has received written assurance that the owner understands that he must abide by the terms and conditions regulating the number of unrelated persons permitted to live in the dwelling unit. ARTICLE VI Preliminary and Final Subdivision Plat Requirements [Amended 7-15-19%by L.L. No. 6-19%] §234-36. Preliminary plat checklist. The items listed below, unless waived by the Planning Board, must be filed in the office of the Town Planner or Town Planner's designee before an application for a preliminary subdivision approval is deemed complete. These materials shall be filed at least 30 calendar days prior to the Planning Board meeting at which preliminary approval is requested. 1. One completed and signed Development Review Application. 2. One Development Review Escrow Agreement and backup withholding form (if required). 3. Payment of review fees. 4. Deposit of escrow. 5. One fully completed and signed Short Environmental Assessment Form, Part I (SEAF), or Long Environmental Assessment Form, Part I (LEAF). (See Town Planner as to which to submit.) 234:24 06-01-2004 § 234-36 SUBDIVISION OF LAND § 234-36 6. Estimate of costs of site improvements (excluding cost of land acquisition and professional fees) to be prepared (preferably) by a licensed professional engineer. 7. Four full-size dark-line prints of the preliminary plat and 25 reduced copies of all sheets of the preliminary plat (the reduced copies to be no larger than 11 inches by 17 inches) with the following information: a. Vicinity Map showing the general location of the property, one inch= 1,000 feet or one inch = 2,000 feet. b. General layout, including lot lines with dimensions; block and lot numbers; highway and alley lines, with 60 foot wide highway rights-of-way; areas to be reserved for use in common by residents of the subdivision; sites for nonresidential, nonpublic uses; easements for utilities, drainage, or other purposes; and building setback lines, with dimensions. C.- General layout of the proposed highways, blocks, and lots within the proposed subdivision. Tentative highway names. d. Contour intervals, to USGS datum, of not more than two feet when the slope is less than 4% and not more than five feet when slope is greater than 4%. e. Cultural features within and immediately adjacent to the proposed subdivision, including platted lots, highway improvements, bridges, culverts, utility lines, pipelines, power transmission lines, other significant structures. f. Other significant structures within and immediately adjacent to the proposed subdivision, including parks, wetlands, critical environmental areas, and other significant features. g. Direction of flow of all watercourses. Calculation of drainage area above point of entry for each watercourse entering or abutting the tract. h. Location and description of all section line corners and government survey monuments in or near the subdivision, to at least one of which the subdivision shall be referenced by true courses and distances. i. Location, name, and dimensions of each existing highway and alley and each utility, drainage, or similar easement within, abutting, or in the immediate vicinity of the proposed subdivision. j. Natural features within and immediately adjacent to the proposed subdivision, including drainage channels, bodies of water, wooded areas, and other significant features. Identification of areas subject to flooding as indicated on HUD Flood Boundary Maps, Wetlands Maps. k. Width at building line of lots located on a curve or having nonparallel side lines, when required by the Planning Board. 234:25 06-01-2004 § 234-36 ITHACA CODE § 234-37 1. Names and addresses of owners of all parcels abutting the proposed subdivision. in. Names of recorded subdivisions abutting the proposed subdivision. n. Restrictive covenants, if any. o. Key map, when more than one sheet is required to present plat. P. Name of subdivision, which shall not duplicate the name of any other subdivision in the county. q. Name of planner, architect, engineer, land surveyor, landscape architect, or other person who prepared the sketch plat or preliminary plat. r. Name(s) and address(es) of the owner(s). S. Name(s) and address(es) of the subdivider(s), if the subdivider(s) is (are) not the owner(s). t. Map scale in bar form (one inch = 50 feet or one inch = 100 feet) and North point. U. Date of plat, and any applicable revision dates. V. Names of Town, county, and state. W. Border lines bounding the sheet, one inch from the left edge and 1/2 inch from each of the other edges; all information, including all plat lines, lettering, signatures and seals, shall be within the border lines. §234-37. Final plat checklist. The items listed below, unless waived by the Planning Board, must be filed in the office of the Town Planner or Town Planner's designee, before an application for a final subdivision approval is deemed complete. These materials shall be filed at least 30 calendar days prior to the Planning Board meeting at which preliminary approval is requested. 1. Completed and signed Development Review Application. 2. Development Review Escrow Agreement and backup withholding form (if required). 3. Payment of review fees. 4. Deposit of escrow. 5. If required because not submitted with preliminary plat approval or substantial modifications have occurred since preliminary plat approval, one fully completed and signed Short Environmental Assessment Form, Part I (SEAF) or Long Environmental Assessment Form, Part I (LEAF). (See Town Planner as to which to submit.) 6. Owner's Certificate: A certificate signed by the owner(s) to the effect that he/they own the land, that he caused the land to be surveyed and divided, and that he makes the dedications indicated on the plat. 234:26 06-01-2004 § 234-37 SUBDIVISION OF LAND § 234-37 7. Surveyor's Certificate: A certificate signed and sealed by a registered land surveyor to the effect that 1) the plat represents a survey made by him, 2) the plat is a correct representation of all exterior boundaries of the land surveyed and the subdivision of it, 3) all monuments indicated on the plat actually exist and their location, size and material are correctly shown, and 4) the requirements of these regulations and New York State laws relating to subdividing and surveying have been complied with. 8. Mortgagor's Certificate: A certificate signed and sealed by the mortgagor(s), if any, to the effect that he consents to the plat and the dedications and restrictions shown on or referred to on the plat. 9. Two copies of the County Health Department approval of the water supply and/or sewage system. 10. Four full size dark-line prints of the preliminary plat and 25 reduced copies of all sheets of the preliminary plat (the reduced copies to be no larger than 11 inches by 17 inches) with the following information: a. Highway and alley boundary or right-of-way lines, showing boundary, right-of-way or easement width and any other information needed for locating such lines; purposes of easements. b. Highway center lines, showing angle of deflection, angles of intersection, radii, lengths of tangents and arcs, and degree of curvature, with basis of curve data. Lengths and distances shall be to the nearest one-hundredth foot. Angles shall be to the nearest half minute. C. Highway names. d. Location, name, and dimensions of each existing highway and alley and each utility, drainage, or similar easement within, abutting, or in the immediate vicinity of the proposed subdivision. e. Exact boundary lines of the tract, indicated by a heavy line, giving the dimensions to the nearest one-hundredth foot, angles to the nearest 1/2 minute, and at least one bearing; the traverse shall be balanced and closed with an error of closure not to exceed one to two thousand; the type of closure shall be noted. f. Location and description of all section line corners and government survey monuments in or near the subdivision, to at least one of which the subdivision shall be referenced by true courses and distances. g. Location of property by legal description, including areas in acres or square feet. Source of title, including deed record book and page numbers. h. Name and address of all owners of the property and name and address of all persons who have an interest in the property, such as easements or rights-of-way. 234:27 06-01-2004 § 234-37 ITHACA CODE § 234-37 i. Name(s) and address(es) of the subdivider(s), if the subdivider(s) is (are) not the owner(s). j. Accurate locations and descriptions of all subdivision monuments. k. Accurate outlines and descriptions of any areas to be dedicated or reserved for public use or acquisition, with the purposes indicated thereon; any areas to be reserved by deed covenant for common uses of all property owners in the subdivision. 1. Building setback lines with dimensions. M. Lot lines, fully dimensioned, with lengths to the nearest one-hundredth foot and angles or bearings to the nearest 1/2 minute. n. Width at building line of lots located on a curve or having nonparallel side lines, when required by the Planning Board. o. Names and addresses of owners of all parcels abutting the proposed subdivision. P. Names of recorded subdivisions abutting the proposed subdivision. q. The blocks are numbered consecutively throughout the subdivision and the lots are numbered consecutively throughout each block. r. Key map, when more than one sheet is required to present plat. S. Vicinity Map showing the general location of the property, one inch = 1,000 feet or one inch = 2,000 feet. t. Name of subdivision, which shall not duplicate the name of any other subdivision in the county. U. Name and seal of the registered land surveyor or engineer who prepared the topographic information. Date of survey. V. Name and seal of registered land surveyor who made the boundary survey. Date of survey. W. Name(s) and address(es) of the owner(s). X. Map scale (one inch = 50 feet or one inch = 100 feet) in bar form and North point. Y. Date of plat and any applicable revision dates. Z. Name of Town, county and state. al. Border lines bounding the sheet, one inch from the left edge and 1/2 inch from each of the other edges; all information, including all plat lines, lettering, signatures, and seals, shall be within the border lines. 234:28 06-01-2004 § 234-37 SUBDIVISION OF LAND § 234-39 bl. Reference on the plat to any separate instruments, including restrictive covenants, which directly affect the land in the subdivision. c 1. One original or Mylar copy of the plat to be recorded and three dark-line prints, on one or more sheets. 11. Certification signed by the Chairman or other designated official or agent of the Planning Board to the effect that the plat was given final approval by the Planning Board. §234-38. Improvement plans and related information. Where improvements are required for a proposed subdivision, the following documents shall be submitted to the Planning Department: 1. Detailed construction plans and specifications for water lines, including locations and descriptions of mains, valves, hydrants, appurtenances, etc. 2. Detailed construction plans, profiles, and specifications for sanitary sewers and storm drainage facilities, including locations and descriptions of pipes, manholes, lift stations, and other facilities. 3. Highway paving plans and specifications. 4. The estimated cost of: a. Grading and filling. b. Culverts, swales and other storm drainage facilities. C.- Sanitary sewers. d. Water lines, valves and fire hydrants. e. Paving, curbs, gutters and sidewalks. f. Any other improvements required by Town of Ithaca Subdivision Regulations. 5. The plan and profile of each proposed highway in the subdivision, with grade indicated, drawn to a scale of one inch = 50 feet horizontal, and one inch = five feet vertical, on standard plan and profile sheets. Profiles shall show accurately the profile of the highway or alley along the highway center line and location of the sidewalks, if any. ARTICLE VII Expiration of Subdivision Approval [Added 4-10-19951 §234-39. Conditions; procedures. A. In addition to any other provisions of law governing expiration of subdivision approvals, including those provisions which provide the subdivision approval expires if the approved subdivision map is not filed with the Tompkins County Clerk within a 234:29 06-01 -2004 § 234-39 I THACA CODE § 234-39 specified time of approval, a subdivision approval will also terminate under the circumstances set forth below. B. If the proposed subdivision requires construction of any facilities such as roads, drainage courses, water or sewer lines, or other similar facilities, unless within 10 years of the date the Planning Board gave final subdivision approval 1) work has materially commenced on such facilities in accordance with the finally approved subdivision plat; or 2) one or more lots have been transferred from the developer and the deeds for same duly recorded in the Tompkins County Clerk's Office, the subdivision approval (both final and preliminary) shall expire and the permissible uses and construction on the property shall revert to those that would otherwise be in effect in the absence of such subdivision approval. Notwithstanding the foregoing, if final subdivision approval was granted prior to April 1, 1995, the time for work to materially commence or lots to be sold shall be extended to April 1, 2005. C. For the purposes of this § 234-39: (1) Work will not have "materially commenced" unless, at a minimum: (a) A building permit, if required, has been obtained for at least one structure in the subdivision; and (b) Construction equipment and tools consistent with the size of the proposed work have been brought to and been used on the site; and (c) Significant construction of roads or utilities, or significant framing, erection, or construction of a material structure, has been started and is being diligently pursued; and (2) A lot will not have been "transferred" unless conveyed by a deed, duly executed and recorded in the Tompkins County Clerk's Office, to: (a) A person unrelated to the subdivider in a bona fide transaction for value; or (b) A person related to the subdivider or for less than reasonable value in accordance with circumstances related to the Planning Board as part of the subdivision approval (e.g., a subdivision where the intention is to convey a lot to a relative or to convey a lot to an adjacent landowner for less than full value). D. If the proposed subdivision does not require the construction of any facilities, the subdivision approval (both final and preliminary) shall expire within the time limits set forth above with the consequences set forth above and subject to the ability to obtain extensions as set forth below, unless at least one lot of the subdivision has been transferred. E. In addition to the foregoing, a subdivision approval for a subdivision requiring construction of facilities shall likewise terminate as to any untransferred lots in the event that the facilities are not substantially completed within 10 years of the date of final subdivision approval. 234:30 06-01-2004 § 234-39 SUBDIVISION OF LAND § 234-39 F. The Planning Board, upon request of the subdivider, after a public hearing, may extend the time limits for such additional periods and upon such conditions as the Planning Board may reasonably determine. An application for such extension may be made at the time of filing of the original application or at any time thereafter up to, but no later than, six months after the expiration of the time limits set forth above. (1) The Planning Board shall grant the request for such extension if the Board finds: (a) The imposition of the time limits set forth above in Subsections B, D and E would create significant hardship on the subdivider; and (b) There has not been a significant change in zoning, subdivision, engineering, environmental, or other relevant review requirements or standards since the initial approval or any subsequently granted extensions. (2) For the purposes of this section, a "significant hardship" includes, but is not limited to: (a) A significant economic loss that the subdivider would suffer if an extension were not granted; or (b) The subdivider's inability to timely proceed because of: [1] A generally adverse economic climate; or [2] The subdivider's own economic circumstances have changed detrimentally; or [3] An adverse event or events in the subdivider's personal affairs. G. In the event of any termination of subdivision approval pursuant to these provisions, the Planning Board or Town Planner shall cause a notice of such termination to be delivered personally to the subdivider, or forwarded by certified mail, return receipt requested, to the subdivider at the last address for the subdivider on file at the Town of Ithaca Planning Department and shall cause a copy of such notice, together with an affidavit of service (personally or by mail) to be recorded in the Tompkins County Clerk's Office in Miscellaneous Records or other appropriate location. H. Any subdivider who believes the termination of approval pursuant to this section is not warranted may file an application for a hearing before the Planning Board. Such application shall be filed within 30 days of the delivery of the notice referred to above (for this purpose "delivery" shall be deemed to occur on the date the notice is personally delivered or the day it is delivered to the postal service for mailing). The Planning Board shall hold a public hearing on such application on at least five days prior notice given in the same manner as required for public hearings on subdivision approvals, within 60 days of receipt of such application. The burden of establishing that the approval should not be terminated shall rest upon the applicant. If the Planning Board determines that the approval was improperly terminated, it shall render a decision so stating and shall cause a notice to that effect to be forwarded to the Tompkins County Clerk's Office for recording in the same location as the notice previously effecting such termination. Any determination of the Planning Board regarding such termination may be reviewed by a 234:31 06-01-2004 § 234-39 ITHACA CODE § 234-39 proceeding brought pursuant to Article 78 of the Civil Procedure Law and Rules. Such proceeding shall be commenced no later than 30 days after the decision being reviewed has been filed by the Planning Board with the appropriate Town Clerk. I. Nothing in this § 234-39 is intended to alter the effect of Town Law § 265-a on lots in a subdivision when zoning is changed to increase lot sizes or other requirements thereby rendering an existing subdivision's lots nonconforming. 234:32 06-01 -2004 Chapter 239 TAXATION ARTICLE I ARTICLE III Senior Citizens Exemption Business Investment Exemption §239-1. Statutory authority. § 239-8. Reduction in exemption. §239-2. Grant of exemption. § 239-9. Effect on current projects. § 239-3. Application for exemption. § 239-10.When effective. § 2394. Penalties for offenses. § 239-5. When effective. ARTICLE IV Exemption for Certain Disabled Persons ARTICLE II With Limited Incomes Alternative Veterans Exemption § 239-11.Statutory authority. § 239-6. Repeal of opt-out. § 239-12.Grant of exemption; conditions. § 239-7. Maximum exemption granted. § 239-13.Application for exemption. § 239-14.Penalties for offenses. § 239-15.When effective. [HISTORY: Adopted by the Town Board of the Town of Ithaca as indicated in article histories.Amendments noted where applicable.] ARTICLE I Senior Citizens Exemption [Adopted 3-8-1971 by L.L. No. 1-1971; last amended 2-9-2004 by L.L. No. 1-2004] §239-1. Statutory authority. This article is enacted pursuant to § 467 of the Real Property Tax Law of the State of New York as amended through Chapter 512 of the Laws of 2003. § 239-2. Grant of exemption. A. Pursuant to the provisions of § 467 of the Real Property Tax Law of the State of New York, real property located in the Town of Ithaca, owned by one or more persons, each of whom is 65 years of age or over, or real property owned by husband and wife, one of whom is 65 years of age or over, shall be partially exempt from taxation by said Town for the applicable taxes specified in said § 467 based upon the income of the owner or combined incomes of the owners. A person otherwise qualifying for such exemption shall not be denied such exemption if such person becomes 65 years of age after the appropriate taxable status date and before December 31 of the same year. Such partial exemption shall be to the extent set forth in the schedule following: 239:1 06-01-2004 § 239-2 ITHACA CODE § 239-5 Annual Income of Owner or Combined Annual Percentage Assessed Valuation Income of Owners Exempt From Taxation Up to and including $24,000 50% More than $24,000 but less than $25,000 45% $25,000 or more but less than $26,000 40% $26,000 or more but less than $27,000 35% $27,000 or more but less than $27,900 30% $27,900 or more but less than $28,800 25% $28,800 or more but less than $29,700 20% $29,700 or more but less than $30,600 15% $30,600 or more but less than $31,500 10% $31,500 or more but less than $32,400 5% B. This partial exemption provided by this article shall, however, be limited to such property and persons as meet the conditions, qualification, exclusions and limitations set forth in § 467 of the Real Property Tax Law of the State of New York. This article shall be administered in accordance with said section of the Real Property Tax Law as now adopted and as it may be amended from time to time, and the provisions of said section shall be applicable to the effectuation of the exemption provided for in this article. §239-3. Application for exemption. Application for such exemption must be made by the owner, or all of the owners of the property on forms prescribed by the State Board of Equalization and Assessment of the State of New York (or any successor agency) to be furnished by the appropriate assessing authority and shall furnish the information and be executed in the manner required or prescribed in such forms, and shall be filed in such Assessor's office on or before the appropriate taxable status date. §239-4. Penalties for offenses. Any conviction of having made any willful false statement of the application for such exemption shall be punishable by a fine of not more than $100 and shall disqualify the applicant or applicants from further exemption for a period of five years. §239-5. When effective. This article shall become effective as set forth below and shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after March 1, 2003. With respect to assessment rolls prepared on the basis of taxable status dates prior to March 1, 2003, the partial exemption allowed hereunder shall be limited to qualified properties, to those persons otherwise qualified under, and to the amounts permitted by, Local Law No. 1 of the year 1971 and its amendments as in effect from time to time prior to the effective date of this article. 239:2 06-01-2004 § 239-6 TAXATION § 239-11 ARTICLE II Alternative Veterans Exemption [Adopted 9-11-1989 by L.L.No. 4-1989] §239-6. Repeal of opt-out. Pursuant to the authority and provisions of Subdivision 4 of§ 458-a of the Real Property Tax Law of the State of New York, the Town of Ithaca hereby repeals Local Law No. I for the year 1985 adopted by the Town Board of the Town of Ithaca entitled "A Local Law Not To Have the Exemption of§ 458-a of the Real Property Tax Law Apply to the Town of Ithaca." §239-7. Maximum exemption granted. By adoption of this article repealing Local Law No. I of the year 1985 the Town of Ithaca hereby elects to have the exemption permitted pursuant to § 458-a of the Real Property Tax Law in the maximum amount permitted by such law. ARTICLE III Business Investment Exemption [Adopted 8-7-2000 by L.L.No. 4-2000] § 239-8. Reduction in exemption. Pursuant to the provisions of Subsection 7 of § 485-b of the Real Property Tax Law of the State of New York, the Town of Ithaca hereby reduces the business investment exemption to an amount equal to 0%. § 239-9. Effect on current projects. A project in course of construction pursuant to a building permit issued by the Town of Ithaca at the time of the adoption of this article, and exemptions existing prior in time to the adoption of this article shall not be subject to the reduction in the business investment exemption adopted herein. § 239-10. When effective. This article and the reduction in the Business Investment Exemption adopted herein shall be effective immediately. ARTICLE IV Exemption for Certain Disabled Persons With Limited Incomes [Adopted 1-8-2001 by L.L.No. 1-2001; last amended 2-9-2004 by L.L.No.2-20041 § 239-11. Statutory authority. This article is enacted pursuant to § 459-c of the Real Property Tax Law of the State of New York as amended through Chapter 462 of the Laws of 2003. 239:3 06-01-2004 § 2391-12 ITHACA CODE § 239-13 § 239-12. Grant of exemption; conditions. A. Pursuant to the provisions of§ 459-c of the Real Property Tax Law of the State of New York, real property located in the Town of Ithaca, owned by one or more persons with disabilities as defined in § 459-c, or by a husband, wife, or both, or by siblings, at least one of whom has such a disability, and whose income is limited by reason of such disability, shall be partially exempt from taxation by said Town for the applicable taxes specified in said § 459-c based upon the income of the owner or combined incomes of the owners. Such partial exemption shall be to the extent set forth in the schedule following: Annual Income of Owner or Combined Annual Percentage Assessed Valuation Income of Owners Exempt From Taxation Up to and including $24,000 50% More than $24,000 but less than $25,000 45% $25,000 or more but less than $26,000 40% $26,000 or more but less than $27,000 35% $27,000 or more but less than $27,900 30% $27,900 or more but less than $28,800 25% $28,800 or more but less than $29,700 20% $29,700 or more but less than $30,600 15% $30,600 or more but less than $31,500 10% $31,500 or more but less than $32,400 5% B. The partial exemption provided by this article shall, however, be limited to such property and persons as meet the conditions, qualification, exclusions and limitations set forth in § 459-c of the Real Property Tax Law of the State of New York. This article shall be administered in accordance with said section of the Real Property Tax Law as now adopted and as it may be amended from time to time, and the provisions of said section shall be applicable to the effectuation of the exemption provided for in this article. Without limiting the foregoing, the partial exemption authorized by this article shall be computed in accordance with the provisions of § 459-c and shall not apply to real property for which a partial exemption has been received pursuant to the provisions of § 467 of the Real Property Tax Law of the State of New York as applied to the Town of Ithaca by the provisions of Article I, Senior Citizens Exemption, of this Chapter 239, as amended from time to time. §239-13. Application for exemption. Application for such exemption must be made by the owner, or all of the owners of the property on forms prescribed by the State Board of Equalization and Assessment of the State of New York(or any successor agency) to be furnished by the appropriate assessing authority and shall furnish the information and be executed in the manner required or prescribed in such 239:4 06-01-2004 § 239-13 TAXATION § 239-15 forms, and shall be filed in such Assessor's office on or before the appropriate taxable status date. §239-14. Penalties for offenses. Any conviction of having made any willful false statement of the application for such exemption shall be punishable by a fine of not more than $100 and shall disqualify the applicant or applicants from further exemption for a period of five years. §239-15. When effective. This article shall become effective as set forth below and shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after March 1, 2003. 239:5 06-01-2004 Chapter 243 TAXICABS § 243-1. Applicability. § 243-8. Baggage rates. § 243-2. Definitions. § 243-9. Waiting time rates. § 243-3. Rate zones. § 243-10.Discounted rates. § 243-4. Single passenger rates. § 243-11.General provisions. § 243-5. Multiple passenger rates. § 243-12.Availability of rate law. § 243-6. Off-hour rates. § 243-13.Penalties for offenses. § 243-7. Child rates. [HISTORY: Adopted by the Town Board of the Town of Ithaca 12-12-1988 by L.L. No. 12-1988.Amendments noted where applicable.] GENERAL REFERENCES Vehicles and traffic—See Ch.250. § 243-1. Applicability. This chapter shall apply to all taxicabs operating wholly or partially in the area of the Town of Ithaca outside of the Village of Cayuga Heights. §243-2. Definitions. Unless otherwise expressly stated, or the context otherwise requires, whenever used in this chapter, the following words shall have the following meanings: STREET — Includes any highway, street, alley, avenue, court, bridge, lane or public highway or any other public way in the Town of Ithaca. TAXICAB — Includes any vehicle engaged in the business of carrying persons for compensation, whether the same be operated from a street stand, or subject to calls from a garage or radio station, or otherwise operated for compensation, except vehicles subject to the provisions of the Transportation Law, or used by undertakers in carrying on their undertaking service. TAXICAB DRIVER or DRIVER — Any such person who drives taxicabs, whether such person be the owner of such taxicab, or employed by a taxicab owner or operator. OPERATOR — Includes any person owning or having control of the use of one or more taxicabs used in the Town of Ithaca. OWNER— The person in whose name the New York State license is issued pursuant to the Vehicle and Traffic Law. 243:1 06-01-2004 § 243-2 ITHACA CODE § 243-4 TOWN— The Town of Ithaca excluding the Village of Cayuga Heights. §243-3. Rate zones. The Town is hereby divided into the following zones: A. Zone A. The area located in the Town bounded on the north by the Town of Ithaca - Town of Ulysses town line; on the west by the Town of Ithaca - Town of Enfield town line; on the south by the Town of Ithaca - Town of Newfield town line, and on the east by New York State Route 13 and the western Town of Ithaca - City of Ithaca line and the center line of Cayuga Lake. B. Zone B. The area located in the Town bounded on the north by the southern Town of Ithaca - City of Ithaca line; on the west by New York State Route 13; on the south by the Town of Ithaca and Towns of Newfield and Danby town lines and on the east by the center line of Six Mile Creek. C. Zone C. The area located in the Town bounded on the north by the center line of New York State Route 366; on the west by the eastern Town of Ithaca - City of Ithaca line; on the south by the center line of Six Mile Creek; and on the east by the Town of Ithaca Town of Dryden town line. D. Zone D. The area located in the Town bounded on the north by the Town of Ithaca - Town and Village of Lansing line; on the west by the center line of Cayuga Lake and the eastern Town of Ithaca - City of Ithaca line and on the south by the center line of New York State Route 366; and on the east by the Town of Ithaca - Town of Dryden town line, excluding any area located in the Village of Cayuga Heights. §243-4. Single passenger rates. A. Trips originating and ending in the Town. Except as provided below in §§ 243-5 through 243-10, the maximum prices that may be charged by the owners, operators or drivers of taxicabs for the transportation of a single passenger which transportation both commences and terminates in the Town shall be in accordance with the following chart: Commencing in Zone Ending in Zone A B C D A $5.00 $8.00 $8.00 $8.00 B $8.00 $5.00 $8.00 $8.00 C $8.00 $8.00 $5.00 $6.00 D $8.00 $8.00 $6.00 $5.00 B. Special rule for zone boundaries. For the purposes of determining the rates to be charged pursuant to Subsection A above, any taxicab transportation commencing or terminating on a property fronting on New York State Route 13 or on New York State Route 366 243:2 06-01-2004 § 243-4 TAXICABS § 243-4 shall be deemed to have commenced or terminated as the case may be, in the zone which would require the lesser fare. C. Trips originating in the Town and terminating in city or villages. Except as provided below in §§ 243-5 through 243-10, the maximum prices that may be charged by the owners, operators, or drivers of taxicabs for the transportation of a single passenger, which transportation commences in the Town and terminates in one of the municipalities set forth below, unless a higher maximum is specifically authorized pursuant to legislation of the County of Tompkins or other appropriate regulating governmental entity, shall be as follows: (1) For trips terminating in the City of Ithaca, an amount equal to: (a) The maximum rates authorized by the City of Ithaca Taxicab Ordinance for travel from the point in the City at which the trip would normally enter the City to the destination in the City; plus (b) $0.50; plus (c) $1 for each mile (or major fraction thereof) after the first half mile reasonably traveled in the Town with the passenger in the cab from the point of trip commencement to the point where the trip enters the city. [E.g., if the trip originated at the corner of Troy Road and Coddington Road and terminated at the corner of Grandview Drive and Hudson Street, the maximum fare would be $4 ($2.50 within the City, $0.50 for the first half mile in the Town, and $1 for the additional major fraction of a mile). In no event shall the maximum fare exceed $5.] (2) For trips terminating in the Village of Cayuga Heights, an amount equal to the maximum amount permitted by the table in Subsection A above, reading the table as if all of the Village of Cayuga Heights was a part of Zone D (e.g., if the trip originated at the corner of Ellis Hollow Road on Pine Tree Road and terminated at the corner of Hanshaw Road and Upland Road the maximum fare would be $6.)' (3) For trips terminating in the Village of Lansing, an amount equal to: (a) The maximum amount permitted by the table in Subsection A above, reading the table as if all of the Village of Lansing was a part of Zone D; plus (b) $1. [E.g., if the trip originated at the corner of Warren Road and Hanshaw Road and terminated at the airport passenger terminal, the maximum fare would be $6(Zone D interzone fare of$5 plus $1)]. D. Trips originating in city or villages and terminating in the Town. Except as provided below in §§ 243-5 through 243-10, the maximum prices that may be charged by the owners, operators, or drivers of taxicabs for the transportation of a single passenger which transportation commences in the City of Ithaca, Village of Cayuga Heights, or Village of Lansing, and which transportation is intended to terminate, and in fact does 1. Editor's Note:Amended at time of adoption of Code(see Ch.1,General Provisions,Art.1). 243:3 06-01-2004 § 243-4 ITHACA CODE § 243-9 terminate, at a point in the Town, shall be determined in the same manner as set forth in Subsection C for trips originating in the Town and terminating in one of said municipalities (e.g., if the trip originated at the corner of Grandview Drive and Hudson Street in the City of Ithaca and terminated at the corner of Troy Road and Coddington Road in the Town, the maximum fare would be $4). §243-5. Multiple passenger rates. A. No taxicab driver shall carry in the Town any person other than the passenger first engaging the taxicab without the consent of such passenger. Before requesting the consent of such passenger, the taxicab driver shall clearly explain to such passenger the effect of such consent on the fare to be charged. B. Except as provided in § 243-7 below, in addition to the rate charged for single passengers as set forth in § 243-4, above, the driver of a taxicab may charge $0.50 per each additional passenger carried per trip. §243-6. Off-hour rates. Except as provided in § 243-7 below, the driver of a taxicab may charge an additional $0.50 per passenger for each trip commencing or terminating between the hours of 1:00 a.m. and 5:00 a.m. §243-7. Child rates. One child five years of age or under shall ride free if accompanied by an adult passenger. No driver shall be required to convey any child under the age of five years except when accompanied by an adult. §243-8. Baggage rates. A. Each passenger shall be allowed to transport at no charge two suitcases, each of which is no larger than two feet by two feet by six inches in size, and one travel bag. A charge of $1 for each oversized or additional piece of luggage under 25 pounds shall be authorized. A charge of$5 for footlockers or luggage over 25 pounds shall be authorized. B. Each passenger shall be allowed to carry up to five grocery bags at no charge. A charge of$0.50 for each additional grocery bag shall be authorized. C. A charge of $2.50 per pair of skis is authorized, provided the taxicab is equipped with suitable racks. §243-9. Waiting time rates. After a passenger has engaged a taxicab, the taxicab driver may charge the passenger for any time during which the taxicab waits for the passenger at the passenger's request. The taxicab driver shall inform the passenger of the charge for waiting time at the time of request. 243:4 06-01-2004 § 243-10 TAXICABS § 243-12 §243-10. Discounted rates. Without limiting other circumstances, the owner, operator or driver of a taxicab may charge a faze less than that provided for in this chapter in the following situations: A. For passengers who are senior citizens or handicapped; B. For trips reserved a minimum of 24 hours in advance; or C. For taxicabs engaged on an hourly rate. §243-11. General provisions. A. Tip solicitation. No driver shall solicit tips, gratuities, or any additional charges other than those authorized by this chapter. However, nonsolicited voluntary tipping is permitted. B. Out-of-town flat rates. If the taxicab is engaged for a trip which either originates or terminates in the Town but does not terminate or originate elsewhere in the Town, City of Ithaca or Villages of Cayuga Heights or Lansing, the taxicab driver shall agree with the passenger prior to the commencement of the trip for the rate to be charged, which shall include all tolls required to be paid. C. Prepayment. A taxicab driver shall have the right to demand payment of the legal fare in advance, and may refuse employment unless so prepaid. D. Nondiscrimination. A taxicab driver may not refuse or neglect to convey any orderly person upon request unless previously engaged or unable or forbidden by this provisions of this chapter. E. Receipts to passengers. A taxicab driver must, upon request of a passenger, issue a receipt for fares paid by the passenger. §243-12. Availability of rate law. A. Every taxicab owner, operator or driver shall at all times have available in any taxicab owned, operated or driven by such individual in the Town, a copy of this chapter and shall make such copy available to any passenger upon request. B. Every taxicab owner, operator or driver shall at all times have conspicuously posted in full view of passengers in any taxicab owned, operated or driven by such individual in the Town the following: (1) A rate card displaying the grid showing the rates by zone set forth in § 243-4A of this chapter; and (2) A notice stating: "The rate schedules for fares in the Town of Ithaca, together with the full text of the Town of Ithaca's Rate Law are available for review upon request from the driver of this taxicab, according to Town ordinance." 243:5 06-01-2M § 243-13 ITHACA CODE § 243-13 §243-13. Penalties for offenses. Failure to comply with any provision of this chapter shall be deemed a violation and the violator shall be liable for a fine up to $250 in the case of an individual, and $500 in the case of a corporation, or imprisonment not to exceed 15 days, or both. In the case of a failure to post any applicable notice or have available this chapter each day such violation continues shall constitute a separate violation. 243:6 06-01-2004 Chapter 250 VEHICLES AND TRAFFIC ARTICLE I ARTICLE III East Hills Shopping Plaza Parking; Stop and Yield Intersections § 250-1. Purpose. § 250-13.Legislative authority. § 250-2. Safety zones. § 250-14.Applicability. § 250-3. Signs and markings. § 250-15.Effect on other provisions. § 250-4. Enforcement. § 250-16.Parking of vehicles. § 250-5. Violations and penalties. § 250-17.Stopping of motor vehicles. § 250-18.Stop signs. ARTICLE II § 250-19.Yield signs. Vehicle Weight Limits § 250-20.Penalties for offenses. § 250-6. Legislative authority. § 250-21.Authority to impound vehicles. § 250-7. Purpose. § 250-22.Storage and charges. § 250-8. Restricted locations. § 250-23.Notice of removal. §250-9. Definitions. § 250-24.Review. §250-10.Penalties for offenses. § 250-25.When effective. § 250-11.Exclusions. Schedule A,Stop Intersections § 250-12.Signage. Schedule B,Yield Intersections [HISTORY: Adopted by the Town Board of the Town of Ithaca as indicated in article histories.Amendments noted where applicable.] GENERAL REFERENCES Vehicles in parks—See Ch.200. TaAcabs—See Ch.243. Storage of vehicles on property—See Ch.205. ARTICLE I East Hills Shopping Plaza [Adopted 2-7-1983 by L.L. No. 1-1983] §250-1. Purpose. The purpose of this article is to protect the health, safety and general welfare of the residents of the Town of Ithaca and their property by regulating parking on the interior streets, roadways or driveways in the East Hill Plaza Shopping Center parking areas where traffic congestion may impede the passage of fire-fighting and safety equipment. This article is adopted pursuant to § 1660-a of the Vehicle and Traffic Law of the State of New York upon 250:1 06-01-2004 § 250-1 ITHACA CODE § 250-2 the written request of the owners and persons in charge of the East Hill Plaza Shopping Center. §250-2. Safety zones. A. Parking areas, interior streets, roadways and driveways in the East Hill Shopping Plaza are designated as safety zones. B. Location; parking. (1) Pursuant to the request of the owners and/or persons in charge of said shopping center and the Fire Chief of the Fire Department serving such area the Town Board of the Town of Ithaca designates the following specific portions of the safety zones as restricted areas: [Amended 1-13-1992 by L.L. No. 5-19921 (a) On the south side of the building known generally as the East Hill Plaza a strip of land 20 feet wide immediately adjacent to the outside face of the outside wall of the building, excluding the promenade and running the entire length of the building from east to west. (b) On the north side of the building a strip of land 20 feet in width running parallel to and adjacent to the majority of the north face of the building running the entire length of the building from east to west plus a strip of land 30 feet in width in the approximate center of the building running southerly from said twenty-foot strip to the building facade at the center of the central cutout of the building. (c) On the east side of the building a strip of land 20 feet in width and running parallel to and 30 feet distant from the easterly facade of the building connecting with the strip on the north side and on the south side of the building. (d) On the west side of the building a strip of land 20 feet in width running parallel to the west facade of the building and 30 feet distant therefrom connecting with the strips on the north facade and the south facade. All as more particularly shown on a map entitled 'Bast Hill Plaza Striping and Signage Plan" dated 9-21-1990 with notations from Assistant Fire Chief Brian Wilbur, a copy of which map is on file with the Building and Zoning Enforcement Officer of the Town of Ithaca. (2) Parking of motor vehicles in restricted areas is prohibited. Vehicles parked or abandoned in restricted areas may be removed by towing at the direction of the owners and/or persons in charge of the shopping center. Cost of towing and all storage expenses shall be at the expense of the owner of the vehicle. C. Notwithstanding the foregoing, buses, vans or other vehicles operated by public agencies or nonprofit organizations and used for the transportation of the handicapped shall be 250:2 06-01-2004 § 250-2 VEHICLES AND TRAFFIC § 250-6 entitled to stop in restricted areas for the purpose of taking on or discharging handicapped passengers, provided, however, that such vehicles shall be continuously in the control of a duly licensed operator and the engine of such vehicle shall not be shut off unless operation of the engine during discharge or taking on of passengers poses a hazard to the passengers. §250-3. Signs and markings. A. Such restricted areas shall be marked with standard police signs and markings indicating that the area is a restricted zone, restricted fire zone or lane and subject to towing. Signs and markings shall be supplied and installed at the Town's expense. B. In addition, appropriate signage as required by the State Building Construction Code C2154C shall be provided for handicapped parking spaces as designated by the owner of the East Hill Shopping Plaza pursuant to Vehicle and Traffic Law § 1203-c. The cost of such signage and its installation shall be borne by the owner of the shopping center. §250-4. Enforcement. Any peace officer of the State of New York or the County of Tompkins shall administer and enforce the provisions of this article, and for such purpose shall have the authority to issue appearance tickets pursuant to Article 150 of the Criminal Procedure Law. Appearance tickets may require payment by mail of a designated fine or appearance in the Justice Court of the Town of Ithaca and shall be in such form as may be prescribed by the Town Justice of the Town of Ithaca. §250-5. Violations and penalties. A violation of this article shall constitute a violation as the same is defined in the Penal Law of the State of New York, and shall be punishable by fine or other penalty as provided for in the Penal Law for a violation. ARTICLE lI Vehicle Weight Limits [Adopted 8-8-1988 by L.L. No. 8-1988 and 3-12-1990 by L.L. No. 2-1990; amended at time of adoption of Code (see Ch. 1, General Provisions,Art. I)] §250-6. Legislative authority. This article is adopted pursuant to the authority of § 1660 of the Vehicle and Traffic Law of the State of New York and § 10 of the Municipal Home Rule Law of the State of New York. 250:3 06-01-2004 § 25077 ITHACA CODE § 250-10 §250-7. Purpose. This article is adopted in order to minimize the adverse impact of traffic upon certain communities in the Town and certain of its streets and bridges, and in order to promote the health, safety and welfare of the community. §250-8. Restricted locations. No through traffic of trucks, commercial vehicles, truck tractors, or tractor-trailer combinations, with a maximum registered gross vehicle weight in excess of five tons shall be permitted on: A. McIntyre Place. B. Forest Home Drive, between the western terminus of Plantation Road (also known as Arboretum Road) and Caldwell Road. C. Judd Falls Road, between Forest Home Drive and the intersection with Plantation Road (also known as Arboretum Road). D. Honness Lane. §250-9. Definitions. For purposes of this article: MAXIMUM REGISTERED GROSS VEHICLE WEIGHT — Shall mean the maximum gross vehicle weight for which the vehicle is registered with the New York State Department of Motor Vehicles. If the vehicle is registered in a jurisdiction other than the State of New York, the term shall mean the maximum gross vehicle weight for which the vehicle is registered with the applicable motor vehicle department or similar agency in the jurisdiction in which the vehicle is registered and which weight is shown on the registration for such vehicle. If the vehicle is registered in a governmental jurisdiction that does not indicate a maximum gross vehicle weight on registrations, the term shall mean the manufacturer's gross vehicle weight rating (GVWR) as indicated on the vehicle safety certification label. §250-10. Penalties for offenses. A violation of this article shall be a traffic infraction. Every person convicted of a violation of any of the provisions of this article shall for a first conviction be punished by a fine of not more than $50 or by imprisonment for not more than 15 days or by both such fine and imprisonment; for a second such conviction within 18 months thereafter such person shall be punished by a fine of not more than $100 or by imprisonment for not more than 45 days or by both such fine and imprisonment; upon a third or subsequent conviction within 18 months after the first conviction such person shall be punished by a fine of not more than $250 or by imprisonment of not more than 90 days or by such fine and imprisonment. 250:4 06-01-2004 § 250-11 VEHICLES AND TRAFFIC § 250-16 §250-11. Exclusions. Local deliveries and pickups to and from properties located on the aforementioned Town highways, by vehicles otherwise prohibited from using said highways by the provisions of this article shall not be prohibited hereby. Further, fire-fighting equipment and vehicles, and emergency medical service vehicles, otherwise prohibited from using such highways by the provisions of this article shall not be prohibited hereby. §250-12. Signage. This article shall be effective with respect to each named street upon the erection or posting of modified signs or markings giving notice of the restrictions contained herein and that the maximum weight is determined by maximum registered gross vehicle weight. Until such time the previous law which this article supersedes shall remain in effect. ARTICLE III Parking; Stop and Yield Intersections [Adopted 2-10-1992; amended in its entirety 4-12-19991 §250-13. Legislative authority. ' This article is adopted pursuant to § 130 of the Town Law of the State of New York and § 1660 of the Vehicle and Traffic Law of the State of New York. §250-14. Applicability. This article shall be applicable to all territory within the Town of Ithaca outside of the incorporated Village of Cayuga Heights. §250-15. Effect on other provisions. This article amends and restates the Ordinance Amending and Restating Ordinance Regulating Traffic and Parking in the Town of Ithaca, adopted February 10, 1992, and amendments thereto and to the extent the provisions of said earlier ordinances conflict with the ordinance as set forth herein, this article shall govern. §250-16. Parking of vehicles. A. The parking of motor vehicles or any part thereof on the paved portion of Town highways, or upon the shoulder or upon or in any ditch adjoining said highways, is prohibited in all of the following locations: (1) On the northwest side of Burns Road from New York State Route 79 west to a point 500 feet west of the bridge over Six Mile Creek; and on the southeast side of Burns Road from New York State Route 79 west to Coddington Road. 1. Editor's Note:Added at time of adoption of Code(see Ch.1,General Provisions,Art.1). 250:5 06-01-2004 § 250-16 ITHACA CODE § 250-16 (2) On both sides of Coddington Road from the City line to the center line of the intersection with Rich Road extended. On the East side of Coddington Road the width of the shoulder is three feet. (3) On both sides of Crest Lane from the intersection of Crest Lane with Warren Road to a point 150 feet east of the center line of Warren Road. (4) On both sides of Eastern Heights Drive from Sharlene Drive to the now or future Town road running southerly from Eastern Heights Drive shown as future Nancy Street on the Town of Ithaca tax maps, during the hours of 1:00 a.m. to 6:00 a.m. daily. (5) On both sides of Judd Falls Road from its intersection with Tower Road to its intersection with Forest Home Drive. (6) On both sides of Judd Falls Road from its intersection with Tower Road to its intersection with New York State Route 366. (7) On the south side of Maple Avenue from the City of Ithaca line to the intersection with Pine Tree Road. (8) On the north and northeasterly side of Maple Avenue from the City line to a point 50 feet northwesterly of the intersection of the northeasterly line of Maple Avenue and the center line of the East Ithaca Bikeway, which Bikeway runs northerly from Maple Avenue from a point located across Maple Avenue from a point approximately 50 feet northwesterly from the north corner of the Eastlawn Cemetery, said Bikeway running northerly from said point across Town of Ithaca tax parcel No. 63-2-5 and ultimately terminating at Dryden Road (said Bikeway hereinafter referred to in this article as the 'Bast Ithaca Bikeway"). (9) On the northeasterly side of Maple Avenue from a point 50 feet southeasterly of the intersection of said northeasterly line with the center line of the East Ithaca Bikeway to the intersection of the north line of Maple Avenue and the west line of Pine Tree Road. (10) For a period in excess of three hours on the northeasterly side of Maple Avenue from a point 50 feet northwest of the intersection of the northeasterly line of Maple Avenue with the center line of the East Ithaca Bikeway to a point 50 feet southeast of the intersection of said northeasterly line of Maple Avenue with the center line of the East Ithaca Bikeway. (11) On both sides of McIntyre Place. (12) On the north side of Mitchell Street from the Town of Ithaca line easterly to Pine Tree Road. (13) On the south side of Mitchell Street from the Town of Ithaca line easterly to Pine Tree Road. (14) On both sides of Penny Lane Extension west of Penny Lane, and those portions of Penny Lane west of the intersection of Penny Lane with the west line of Lois Lane 250:6 06-01-2004 § 250-16 VEHICLES AND TRAFFIC § 250-20 - Abby Road, during the period from 11:00 p.m. to 6:00 a.m. daily from May 1 through September 30 of each year. (15) On both sides of Pleasant Grove Road from the Village of Cayuga Heights line to the intersection with Forest Home Drive (Route 392). (16) On both sides of Pine Tree Road from Route 366 southerly to the railroad overpass. (17) On the south side of Roat Street running westerly from Blackstone Avenue to the terminus of Roat Street, during the hours of 1:00 a.m. to 6:00 a.m. daily. (18) On both sides of Sharlene Drive from Snyder Hill Road to Eastern Heights Drive during the hours of 1:00 a.m. to 6:00 a.m. daily. (19) On both sides of Snyder Hill Road from the Town of Dryden line to the intersection with Pine Tree Road. (20) On both sides of Winthrop Drive from the easterly entrance to the Northeast School parking lot northerly and westerly to the westerly entrance to the Northeast School parking lot and on the northerly side of Winthrop Drive from the westerly entrance to the Northeast School parking lot westerly to the intersection of Winthrop Drive and Brandywine Road. § 250-17. Stopping of motor vehicles. The stopping of motor vehicles, other than in accordance with erected traffic control devices, or as may be required by traffic conditions, is prohibited in the following locations: A. Buttermilk Falls Road West in its entirety. B. Buttermilk Falls Road East in-its entirety. §250-18. Stop signs. The intersections enumerated on Schedule A annexed hereto are designated as stop intersections and stop signs are ordered installed at the entrance to such intersections as set forth on Schedule A. §250-19. Yield signs. The intersections set forth on the annexed Schedule B are designated as yield intersections and yield signs are ordered installed at entrances to such intersections as set forth on Schedule B. §250-20. Penalties for offenses. A. Any violations of §§ 250-10 and 250-11 shall constitute a traffic infraction and any persons violating the same shall be deemed guilty of a traffic infraction and shall be 250:7 06-01-2M § 250-20 ITHACA CODE § 250-24 punishable by a fine of not more than $50 or by imprisonment for not more than 15 days or by both such fine and imprisonment. B. Failure to observe the signs erected in accordance with § 250-12 or 250-13 shall be treated as a traffic infraction and shall be punished as set forth in the Vehicle and Traffic Law of the State of New York. §250-21. Authority to impound vehicles. A. Any vehicle parked or abandoned on any highway within the Town of Ithaca that hinders or impairs the ability of the personnel of the Town of Ithaca, or any other governmental agency, to respond to a snowstorm, flood, fire or other occurrence to which a prompt response is necessary or desirable, may be removed by the Town of Ithaca. B. Any vehicle found unattended on any highway within the Town of Ithaca which constitutes an obstruction to traffic may be removed by the Town of Ithaca. C. Any vehicle parked or abandoned on any highway within the Town of Ithaca where stopping, standing or parking is prohibited, may be removed by the Town of Ithaca. §250-22. Storage and charges. The Town of Ithaca may store any vehicle removed pursuant to § 250-15 in a suitable place at the expense of the owner. The owner, or person in charge of the vehicle, may redeem the same upon payment to the Town of Ithaca of the amount of all expenses actually and necessarily incurred in effecting such removal. §250-23. Notice of removal. The Town of Ithaca shall report promptly the removal and disposition of any vehicle pursuant to §§ 250-15 and 250-16 to the County Sheriff. The Town shall also ascertain, to the extent possible, the owner of the vehicle or person having the vehicle in charge and make reasonable efforts by mail to notify that person of the removal and disposition of the vehicle and of the amount required to redeem the vehicle. §250-24. Review. The owner, or the person in charge, of a vehicle that has been removed pursuant to § 250-15 may request a hearing to challenge the assessment of any expense imposed pursuant to § 250-16. The request for a hearing shall be in writing and shall be filed with the Town Clerk within 15 days of receiving notice of the removal of the vehicle. The hearing shall be held within 10 days after the request has been filed. The hearing shall be conducted by the Town Supervisor or any other impartial person designated by the Town Supervisor. The scope of the hearing shall be solely to determine whether the removal of the vehicle was authorized by § 250-15. The sole effect of a determination that the removal of the vehicle was not authorized by § 250-15, shall be that the owner or person in charge of the vehicle shall not be responsible for the expenses of towing and storage. Nothing in this article is intended to affect 250:8 06-01-2M § 250-24 VEHICLES AND TRAFFIC § 250-25 the liability of the Town of Ithaca for any damage done to any vehicle during towing or storage. § 250-25. When effective. A. This article shall be effective 10 days after publication and posting in accordance with § 133 of the Town Law except those parts, if any, which are subject to approval under § 1684 of the Vehicle and Traffic Law of the State of New York (relating to approval of traffic control devices on state roads). B. Any part or parts of this article which are subject to approval under § 1684 of the Vehicle and Traffic Law of the State of New York shall take effect from and after the day on which approval in writing is received from the New York State Department of Transportation. 250:9 06-01-2004 VEHICLES AND TRAFFIC Schedule A Stop Intersections [Adopted 4-12-19991 On Birchwood Drive at Salem Drive On Birchwood Drive North at Salem Drive On Birchwood Drive South at Pinewood Place, westbound approach On Blackstone Avenue at Christopher Lane On Blackstone Avenue at Hanshaw Road (northbound and southbound) On Blackstone Avenue at Roat Street, northbound approach On Blackstone Avenue at Roat Street, southbound approach On Bluegrass Lane at Warren Road On Brandywine Drive at Christopher Lane On Briarwood Drive at Birchwood Drive On Briarwood Drive at Birchwood Drive North On Bums Road at Coddington Road On old Burns Road at its southbound approach to the intersection with new Burns Road On Caldwell Road at its north intersection with Campus Road [Added 104-19991 On Caldwell Road at its south intersection with Campus Road [Added 10-4-19991 On Caldwell Road at Forest Home Drive [Added 10-4-19991 On Chase Lane at East King Road On Christopher Circle(east end)at Christopher Lane On Christopher Circle(west end) at Christopher Lane On Christopher Circle at Warren Road On Clover Lane at its intersection with Mitchell Street On Concord Place at Burleigh Drive On Coy Glen Road at Elm Street Extension On Crest Lane at its intersection with Warren Road On Culver Road at Bostwick Road On Culver Road at Poole Road On Deerfield Place at Salem Drive 250:A 1 06-01-2004 ITHACA CODE On Deerfield Place at Winston Drive On Dove Drive at its easterly intersection with Snyder Hill Road On Dove Drive at its westerly intersection with Snyder Hill Road On Drew Road at Sheffield Road On Drew Road at Woodgate Lane On Eastern Heights Drive at Sharlene Drive, eastbound approach On Eastern Heights Drive at Sharlene Drive, westbound approach On Elm Street Extension at Poole Road On Evergreen Lane at Dubois Road On Fairway Drive at Warren Road On Forest Home Drive at Caldwell Road On Forest Home Drive at Judd Falls Road, eastbound approach On Forest Home Drive at Judd Falls Road, westbound approach On Forest Home Drive at Pleasant Grove Road, westbound approach On Forest Home Drive at Warren Road, eastbound approach On Forest Home Drive at Warren Road, westbound approach On Game Farm Road at Ellis Hollow Road On Glenside Road at Coy Glen Road On Grove Road at Woolf Lane On Hackberry Lane at Coy Glen Road On Halcyon Hill at its intersection with Warren Road On Haller Boulevard at Elm Street Extension On Harris B. Dates Drive at its intersection with the entrance road to Cayuga Medical Center' On Harris B. Dates Drive at its intersection with Indian Creek Road On the westerly extension of Harris B. Dates Drive (extending westerly to the Professional Building Drive) at its intersection with the north-south portion of Harris B. Dates Drive On Harwick Road at Honness Lane On Harwick Road at Wildflower Drive On Honness Lane at Pine Tree Road ' Editor's Note: Amended at time of adoption of Code(see Ch. 1,General Provisions,Art.I). 250:A2 06-01-2004 VEHICLES AND TRAFFIC On Hopkins Road at Bundy Road On Hopkins Road at Hayts Road On Indian Creek Road at Dubois Road On John Street at Park Lane On Judd Falls Road at Arboretum Road On Judd Falls Road at Campus Road, northbound approach On Judd Falls Road at Campus Road, southbound approach On Judd Falls Road at Tower Road,northbound approach On Judd Falls Road at Tower Road, southbound approach On Juniper Drive at Coddington Road On Kay Street at Hanshaw Road On LaGrand Court at Chase Lane On Landmark Drive at Park Lane On Lexington Drive East at Burleigh Drive On Lexington Drive West at Burleigh Drive On Lisa Place at Lisa Lane On Lisa Lane at Texas Lane On Longview Drive at Poole Road On Maple Avenue at Pine Tree Road On Maplewood Drive at Pinewood Drive On Maplewood Drive at Salem Drive On Marcy Court at Whitetail Drive On McIntyre Place at Forest Home Drive On McIntyre Place at Judd Falls Road On Muriel Street at Hanshaw Road On Northview Road at Coddington Road On Northview Road West at Coddington Road On Orchard Hill Road at Dubois Road On Orchard Street at Hanshaw Road On Orchard Street at Roat Street On Park Lane at Tudor Road, both approaches 250:A3 06-01-2004 ITHACA CODE On Penny Lane at Abbey Road, eastbound approach On Perry Lane at Bundy Road On Pheasant Lane at Dove Drive, eastbound approach On Pheasant Lane at Dove Drive, westbound approach On Poole Road at Sheffield Road On Regency Lane at Snyder Hill Road On Renwick Heights Road at Renwick Drive On Renwick Place at its northerly intersection with East Shore Drive On Renwick Place at its southerly intersection with East Shore Drive On Rich Road at Coddington Road On Ridgecrest Road at East King Road On Roat Street at Hanshaw Road On Rosehill Road at Muriel Street On Rosehill Road at Winston Drive On St. Catherine Circle at Blackstone Avenue On St. Catherine Circle at Siena Drive On Salem Drive at Hanshaw Road On Sanctuary Drive at Sapsucker Woods Road On Sandra Place at Winthrop Drive On Sapsucker Woods Road at Hanshaw Road On Saranac Way at its north intersection with Whitetail Drive On Saranac Way at its south intersection with Whitetail Drive On Saunders Road at East King Road On Seven Mile Drive at Bostwick Road On Simsbury Drive at Brandywine Drive On Sky-Vue Road at Snyder Hill Road On Snyder Hill Road at its intersection with Pine Tree Road On Spruce Way at Coddington Road On Stone Quarry Road at King Road West On Strawberry Hill Road at Wildflower Drive On Sugarbush Lane at Snyder Hill Road 250:A4 06-01-2004 VEHICLES AND TRAFFIC On Summerhill Lane at Ellis Hollow Road On Sunnyview Lane at Terraceview Drive On Sycamore Drive at Pinewood Drive On Sycamore Drive at Salem Drive On Tareyton Drive at Rosehill Road,northbound approach On Tareyton Drive at Rosehill Road, southbound approach On Terraceview Drive at Honness Lane On Terraceview Drive at Towerview Drive, southeastbound approach On Teton Court at Whitetail Drive On Tudor Road at Park Lane On The Byway at its easterly intersection with Forest Home Drive On The Byway at its westerly intersection with Forest Home Drive On Townline Road at Sandbank Road On Updike Road at Coddington Road On Valley View Road at Elm Street Extension On Vera Circle at its northerly intersection with Woodgate Lane On Vera Circle at its southerly intersection with Woodgate Lane On West Haven Road at Elm Street Extension On Westview Road at Towerview Drive, northwestbound approach On Whitetail Drive at its intersection with East King Road On Whitetail Drive at its intersection with Troy Road On Wildflower Drive at Honness Lane On Winston Court at Salem Drive On Winston Court where the easterly end of the southerly portion of Winston Court running east and west intersects the easterly portion of Winston Court running north and south On Winston Court where the southerly portion of Winston Court running east and west intersects the westerly portion of Winston Court running north and south On Winston Court at the northerly end of the middle portion of Winston Court which runs north and south On Winston Court at the southerly end of the middle portion of Winston Court which runs north and south 250:A5 06-01-2004 ITHACA CODE On Winston Court at Winston Drive On Winston Drive at Salem Drive On Winthrop Drive at Warren Road On Whitetail Drive at its northerly intersection with Saranac Way, eastbound approach [Added 10-4-1999] On Whitetail Drive at Teton Court, westbound approach [Added 104-19991 On Woodgate Lane at Poole Road On Woolf Lane at its intersection with Dubois Road On Wyckoff Road at Renwick Drive 250:A6 06-01-2004 VEHICLES AND TRAFFIC Schedule B Yield Intersections (Adopted 4-12-19991 On the access road leading behind the Biggs Complex and Cayuga Medical Center at both of its intersections (northerly and southerly)with Harris B. Dates Drivel On Blackstone Avenue at Siena Drive On Brandywine Drive at Winthrop Drive On Eastern Heights Drive at Joanne Drive On Elm Street Extension at Culver Road On Grove Place at Grove Road On Hickory Place at Juniper Drive On Hickory Place at Pineview Terrace On Kendall Avenue at Pennsylvania Avenue On Landmark Drive at Eastern Heights Drive On the westerly branch of Northview Road at its southerly approach to the easterly branch of Northview Road On Orchard Street at Roat Street On Penny Lane at Abbey Road,westbound approach On Pinewood Place at Birchwood Drive North On Pineview Terrace at Juniper Drive On Sharlene Road at Snyder Hill Road On Sharlene Road at Tudor Road On Sunnyhill Lane at Harwick Road 2 Editor's Note: Amended at time of adoption of Code(see Ch. 1,General Provisions,Art.I). 250:A7 06-01-2004 Chapter 256 WATER PROTECTION Part 1 § 256-13.Marking safe and unsafe water Cross-Connection Control lines. ARTICLE I ARTICLE V Purpose Recourse for Noncompliance § 256-1. Purpose. § 256-14.Prohibited connections. § 256-2. Interpretation. § 256-15.Discontinuance of service. ARTICLE II Part 2 Terminology Supplementary Cross-Connection Control §256-3. Definitions. ARTICLE VI ARTICLE III Definitions; Interpretation; Delegation of Protection of Public Water System at Authority Service Connection § 256-16.Applicability of Part 1 §256-4. Where protection is required. provisions. §256-5. Type of protection. § 256-17.Delegation of municipality's §256-6. Frequency of inspection of authority. protective devices. ARTICLE VII ARTICLE IV Supplementary Provisions to CCC Law Protection of Potable Water System Within Premises § 256-18.Installation and servicing of water distribution. § 256-7. Separate drinking water § 256-19.Survey of users. systems. § 256-20.Certification of potentially §256-8. Fire systems. hazardous users. §256-9. Process waters. § 256-21.Penalties for offenses. §256-10.Sewage treatment plants and § 256-22.Residential users. pumping stations. § 256-23.Private hydrants. §256-11.Plumbing connections. § 256-24.Multiple customer distribution §256-12.Pier and dock hydrants. systems. 256:1 06-01-2004 § 256-1 ITHACA CODE § 256-3 [HISTORY: Adopted by the Town Board of the Town of Ithaca as indicated in part histories.Amendments noted where applicable.] GENERAL REFERENCES Sewer use—See Chs.214-217. Water rates—See Ch.261. Part 1 Cross-Connection Control [Adopted 7-9-1979 by L.L.No. 3-19791 ARTICLE I Purpose §256-1. Purpose. The purpose of these regulations is to safeguard potable water supplies by preventing backflow into public water systems. §256-2. Interpretation. The regulations are to be reasonably interpreted. It is the intent of these regulations to recognize that there are varying degrees of hazard and to apply the principle that the degree of protection should be commensurate with the degree of hazard. ARTICLE II Terminology §256-3. Definitions. As used in this Part 1, the following terms shall have the meanings indicated: AIR GAP SEPARATION— A physical break between a supply pipe and a receiving vessel. The air gap shall be at least double the diameter of the supply pipe, measured vertically above the top rim of the vessel, in no case less than one inch. APPROVED CHECK VALVE — A check valve that seats readily and completely. It must be carefully machined to have free moving parts and assured watertightness. The face of the closure element and valve seat must be bronze composition, or other noncorrodible material which will seat tightly under all prevailing conditions of field use. Pins and bushings shall be of bronze or other noncorrodible, nonsticking material, machined for easy, dependable operation. The closure element, e.g., clapper, shall be internally weighted or otherwise internally equipped to promote rapid and positive closure in all sizes where this feature is obtainable. 256:2 06-01-2004 § 256-3 WATER PROTECTION § 256-3 APPROVED DOUBLE CHECK VALVE ASSEMBLY— A. The term "approved double check valve assembly" means an assembly of at least two independently acting check valves, including tightly closing shutoff valves on each side of the check valve assembly and suitable leak-detector drains plus connections available for testing the watertightness of each check valve. B. This device must be approved as a complete assembly. APPROVED REDUCED PRESSURE PRINCIPLE BACKFLOW PREVENTION DEVICE— A. A device incorporating two or more check valves and an automatically operating differential relief valve located between the two checks, two shutoff valves, and equipped with necessary appurtenances for testing. The device shall operate to maintain the pressure in the zone between the two check valves, less than the pressure on the public water supply side of the device. B. At cessation of normal flow, the pressure between check valves shall be less than the supply pressure. In case of leakage of either check valve, the differential relief valve shall operate to maintain this reduced pressure by discharging to the atmosphere. When the inlet pressure is two pounds per square inch or less, the relief valve shall open to the atmosphere, thereby providing an air gap in the device. To be approved, these devices must be readily accessible for maintenance and testing and installed in a location where no part of the valve will be submerged, the enclosure must be self-draining, so that the large amount of water which the relief valve may vent will be disposed of reliably without submergence of the relief valve. C. This device must also be approved as a complete assembly. APPROVED WATER SUPPLY — Any water supply approved by the State of New York Department of Health. AUXILIARY SUPPLY — Any water supply on or available to the premises other than the approved public water supply.' CERTIFIED BACKFLOW PREVENTION DEVICE TESTER— A person who is examined annually by the Water Purveyor, and found competent for the testing of backflow prevention devices. He shall be provided with an appropriate identification card which must be renewed annually. Failure to perform his duties competently and conscientiously will result in prompt withdrawal of his certification. COMMISSION— The Southern Cayuga Lake Intermunicipal Water Commission created by an intermunicipal agreement among the Town of Ithaca and several other municipalities. 2 CROSS-CONNECTIONS — Any unprotected connection between any part of a water system used or intended to supply water for drinking purposes and any source or system 1. Editor's Note: Original Art. II, Sec. 6, definition of BAROMETRIC LOOP, which would follow this definition alphabetically,was repealed 5-13-1991 by L.L.No.8-1991. 2. Editor's Note:Added at time of adoption of Code(see Ch.1,General Provisions,Art.I). 256:3 06-01-2004 § 256-3 ITHACA CODE § 256-4 containing water or substance that is not or cannot be approved as equally safe, wholesome, and potable for human consumption. VACUUM BREAKER, NONPRESSURE-TYPE — A vacuum breaker which is designed so as not to be subjected to static line pressure. VACUUM BREAKER, PRESSURE-TYPE — A vacuum breaker designed to operate under conditions of static line pressure. WATER SUPERVISOR — The consumer or person on the premises charged with the responsibility of complete knowledge and understanding of the water supply piping within the premises and for maintaining the consumer's water system free from cross-connections and other sanitary defects, as required by regulations and laws. ARTICLE III Protection of Public Water System at Service Connection §256-4. Where protection is required. A. Each service connection from a public water system for supplying water to premises having an auxiliary water supply shall be protected against backflow of water from the premises into the public water system unless the auxiliary water supply is approved as an additional source by the Water Purveyor and is satisfactory to the public health agency having jurisdiction with regard to quality and safety or the auxiliary water supply is properly abandoned. [Amended 5-13-1991 by L.L. No. 8-1991] B. Each service connection from a public water system for supplying water to premises, on which any substance other than the supplied water is handled under pressure in such fashion as to permit entry into the water system, shall be protected against backflow of the water from the premises into the public system. This shall include the handling of process waters and waters originating from the public water supply system which may have been subject to deterioration in sanitary or chemical quality. [Amended 5-13-1991 by L.L.No. 8-1991] C. Each service connection from a public water system for supplying water to premises on which any substance that is unusually toxic or a danger to human health is or may be handled in liquid form, or in solid or gaseous form if such substance is intended to be used after conversion to liquid form, even if such substance is not under pressure, shall be protected against backflow of the water from the premises into the public water system. Examples of such premises include, but are not limited to, plating factories, premises on which cyanide is handled and hospitals. This subsection is not intended to apply to normal residential installations. [Amended 5-13-1991 by L.L. No. 8-19911 D. Backflow prevention devices shall be installed on the service connection to any premises that have internal cross-connections, unless such cross-connections are abated to the satisfaction of the Water Purveyor. E. It shall be the responsibility of the water user to provide and maintain these protective devices, and each one must be of a type acceptable to the State Health Department. 256:4 06-01-2004 § 256-5 WATER PROTECTION § 256-5 §256-5. Type of protection. The protective device required shall depend on the degree of hazard as tabulated below: A. At the service connection to any premises where there is an approved auxiliary water supply handled in a separate piping system with no known cross-connection, the public water supply shall be protected by an approved double check valve assembly. [Amended 5-13-1991 by L.L. No. 8-19911 B. At the service connection to any premises on which there is an auxiliary water supply where cross-connections are known to exist which cannot be presently eliminated, or where the auxiliary water supply is not approved, the public water supply system shall be protected by an air gap separation or an approved reduced pressure principle backflow prevention device. [Amended 5-13-1991 by L.L. No. 8-1991] C. At the service connection to any premise on which a substance that would be objectionable (but not necessarily hazardous to health if introduced into the public water supply) is handled so as to constitute a cross-connection, the public water supply shall be protected by an approved double check valve assembly. D. At each service connection from a public water system for supplying water to premises on which any substance that is unusually toxic or a danger to human health is or may be handled in liquid form, or in solid or gaseous form if such substance is intended to be used after conversion to liquid form, even if it is not under pressure, the public water supply shall be protected by an air-gap separation or an approved reduced pressure principle backflow prevention device. This device shall be located as close as practicable to the water meter, and all piping between the water meter and receiving tanks shall be entirely visible. [Amended 5-13-1991 by L.L. No. 8-19911 E. At each service connection from a public water system for supplying water to premises on which any substance that is unusually toxic or dangerous to human health is or may be handled under pressure, the public water supply shall be protected by an air-gap separation or an approved reduced pressure principle backflow prevention device. The air gap shall be located as close as practicable to the water meter, and piping between the water meter and receiving tanks shall be entirely visible. If these conditions cannot reasonably be met, the public water supply shall be protected with an approved reduced pressure principle backflow prevention device, providing the alternative is acceptable to the Water Purveyor. [Amended 5-13-1991 by L.L. No. 8-19911 F. At the service connection to any sewage treatment plant or sewage pumping station, the public water supply shall be protected by an air gap separation. The air gap shall be located as close as practicable to the water meter and all piping between the water meter and receiving tanks shall be entirely visible. If these conditions cannot be reasonably met, the public water supply shall be protected with an approved reduced pressure principle backflow prevention device. 256:5 06-01-2004 § 256-6 ITHACA CODE § 256-9 §256-6. Frequency of inspection of protective devices. [Amended 5-13-1991 by L.L. No. 8-1991] See Article VII, Supplementary Provisions to CCC Law, of Part 2, Supplementary Cross-Connection Control, of this chapter. ARTICLE IV Protection of Potable Water System Within Premises §256-7. Separate drinking water systems. Whenever the Plumbing Inspector determines that it is not practical to protect drinking water systems on premises against entry of water from a source or piping system or equipment that cannot be approved as safe or potable for human use, an entirely separate drinking water system shall be installed to supply water at points convenient for consumers. § 256-8. Fire systems. A. Water systems for fighting fire, derived from a supply that cannot be approved as safe or potable for human use shall, wherever practicable,be kept wholly separate from drinking water pipelines and equipment. In cases where the domestic water system is used for both drinking and fire-fighting purposes, approved backflow prevention devices shall be installed to protect such individual drinking water lines as are not used for fire-fighting purposes. Any auxiliary fire-fighting water supply which is not approved for potable purposes, but which is so connected that it may be introduced into potable water piping during an emergency shall be equipped with an approved automatic chlorination machine. It is hereby declared that it is the responsibility of the person or persons causing the introduction of said unapproved or unsafe water into the pipelines to see that a procedure be developed and carried out to notify and protect users of this piping system during the emergency; that special precautions be taken to disinfect thoroughly and flush out all pipelines which may become contaminated before they are again used to furnish drinking water. In the event the means of protection of water consumers is by disinfection of the auxiliary fire-fighting supply, the installation and its use shall be thoroughly reliable. B. The public water supply must be protected against backflow from such dual domestic systems, as detailed in Article III. § 256-9. Process waters. A. Potable water pipelines connected to equipment for industrial processes or operations shall be protected by a suitable backflow prevention device located beyond the last point from which drinking water may be taken, which device shall be provided on the feed line to process piping or equipment. B. In the event the particular process liquid is especially corrosive or apt to prevent reliable action of the backflow prevention device, air gap separation shall be provided. These devices shall be tested by the water user at least once a year; or more often in those 256:6 06-01-2004 § 256-9 WATER PROTECTION § 256-12 instances where successive inspections indicate repeated failure. The devices shall be repaired, overhauled or replaced whenever they are found to be defective. These tests must be performed by a qualified backflow prevention device tester and records of tests, repairs, and replacement shall be kept and made available to the Water Purveyor and the Health Department upon request. §256-10. Sewage treatment plants and pumping stations. Sewage pumps shall not have priming connections directly off any drinking water systems. No connections shall exist between the drinking water system and any other piping, equipment, or tank in any sewage treatment plant or sewage pumping station. §256-11. Plumbing connections. A. Where the circumstances are such that there is special danger to health by the backflow of sewage, as from sewers, toilets, hospital bedpans and the like, into a drinking water system, a dependable device or devices shall be installed to prevent such backflow. B. The purpose of these regulations is not to transcend local plumbing regulations but only to deal with these extraordinary situations where sewage may be forced or drawn into the drinking water piping. These regulations do not attempt to eliminate at this time the hazards of backsiphonage through flushometer valves on all toilets, but deal with those situations where the likelihood of vacuum conditions in the drinking water system is definite and there is special danger to health. Devices suited to the purpose of avoiding backsiphonage from plumbing fixtures are roof tanks, barometric loops or separate pressure systems separately piped to supply such fixtures, recognized approved vacuum or siphon breaker and other backflow protective devices which have been proved by appropriate tests to be dependable for destroying the vacuum. C. Inasmuch as many of serious hazards of this kind are due to water supply piping which is too small, thereby causing vacuum conditions when fixtures are flushed or water is drawn from the system in other ways, it is recommended that water supply piping that is too small be enlarged whenever possible. §256-12. Pier and dock hydrants. Backflow protection by a suitable backflow prevention device shall be provided on each drinking water pier head outlet used for supplying vessels at piers or waterfronts. These assemblies must be located where they will prevent the return of any water from the vessel into the drinking water pipeline or into another adjacent vessel. This will prevent such practices as connecting the ship fire-pumping or sanitary pumping system with a dock hydrant and thereby pumping contaminated water into the drinking water system, and thence to adjacent vessels or back into the public mains. 256:7 06-01-2004 § 256-13 ITHACA CODE § 256-15 §256-13. Marking safe and unsafe water lines. A. Where the premises contain dual or multiple water systems and piping, the exposed portions of pipelines shall be painted, banded or marked at sufficient intervals to distinguish clearly which water is safe and which is not safe. All outlets from secondary or other potentially contaminated systems shall be posted as being contaminated and unsafe for drinking purposes. All outlets intended for drinking purposes shall be plainly marked to indicate that fact. B. Water supervisor. The Health Department and the Water Purveyor shall be kept informed of the identity of the person responsible for the water piping on all premises concerned with these regulations. At each premise where it is necessary in the opinion of the Water Purveyor a water supervisor shall be designated. This water supervisor shall be responsible for the installation and use of pipelines and equipment and for the avoidance of cross-connections. C. In the event of contamination or pollution of the drinking water system due to a cross-connection on the premises, the local health officer and Water Purveyor shall be promptly advised by the person responsible for the water system so that appropriate measures may be taken to overcome the contamination. ARTICLE V Recourse for Noncompliance §256-14. Prohibited connections. No water service connection to any premises shall be installed or maintained by the Water Purveyor, unless the water supply is protected as required by state regulations and this rule. §256-15. Discontinuance of service. Service of water to any premises may be discontinued by the Water Purveyor, if a backflow preventive device required by this rule and regulation is not installed, tested, and maintained; if any defect is found in an installed backflow preventive device; if it is found that a backflow preventive device has been removed or bypassed if unprotected cross-connections exist on the premises, and service will not be restored until such conditions or defects are corrected. 256:8 06-01-2004 § 256-15 WATER PROTECTION § 256-17 Part 2 Supplementary Cross-Connection Control [Adopted 5-13-1991 by L.L. No. 8-1991] ARTICLE VI Definitions; Interpretation; Delegation of Authority §256-16. Applicability of Part 1 provisions. All terms defined in Part 1, Cross-Connection Control, of this chapter and used in this Part 2 shall have the meanings given to them in Part 1. This Part 2 is to be interpreted reasonably. In applying this Part 2, enforcement officials shall recognize that different circumstances result in varying degrees of hazard, and that the degree of protection or prevention required in each situation should be commensurate with the degree of hazard. If any article, section, paragraph, subdivision, clause, phrase or provision of this Part 2 shall be adjudicated invalid or unconstitutional, the validity of this Part 2 as a whole or any part thereof other than the part so adjudicated to be invalid or unconstitutional shall not be affected. 3 §256-17. Delegation of municipality's authority. A. The municipality is hereby authorized to delegate all or any part of its power, authority and/or responsibilities under Part 1 and under this Part 2 of this chapter, to the extent permitted by applicable law, to an authorized delegate, such as the Commission or an authorized representative of the Commission. In the event that the municipality does delegate all or any part of its power, authority and/or responsibilities to an authorized delegate, such delegate shall be deemed to be acting with the full power and authority of the municipality in regard to such matters, to the extent such power and authority exists under applicable law and to the extent such power and authority may be so delegated under applicable law. In the event that the municipality so delegates its power, authority or responsibility in regard to a particular matter discussed in this Part 2, then, for the purposes of interpreting the text of this Part 2 referring to such matter, each and every reference in such text to "the municipality" may be understood to be a reference to the municipality's authorized delegate, such as, for example, as a reference to "the Commission." B. The delegation of power, authority or responsibility described in Subsection A above may be made by written agreement among the municipalities that are members of the Commission. (1) In such an agreement, the municipality may authorize the entity to which the municipality is thereby delegating its power, authority or responsibility, such as the Commission, to: 3. Editor's Note:The provisions of original Article 2,Spec amendments to the CCC Law,of L.L.No.8-1991,which followed this section,have been incorporated into Part 1,Cross-Connection Control,of this chapter;and said Article 2 bas not been otherwise codified. 256:9 06-01 -2004 § 256-17 ITHACA CODE § 256-19 (a) Appoint an administrator for a backflow prevention program designed to implement the provisions and fulfill the requirements of this Part 2 and Part 1 who shall be an employee of the authorized delegate; or (b) Select and engage an engineering or contracting or similar firm or person to act as administrator for the backflow prevention program; or (c) Administer the backflow prevention program itself; or (d) Combine options B(1)(a), (b) and (c) in structuring, and assigning the various tasks of, the administration of the program. (2) In the event that the municipality so empowers its authorized delegate, and its authorized delegate takes any of the foregoing actions, the municipality's authorized delegate may grant to the program administrator any and all such power, authority or responsibility as has been delegated to the authorized delegate, and as the municipality's authorized delegate deems necessary or appropriate, to develop, implement, administer and enforce the terms of a backflow prevention program on behalf of the municipality. Such delegation to the program administrator shall be made only to the extent permissible under applicable law. ARTICLE VII Supplementary Provisions to CCC Law §256-18. Installation and servicing of water distribution. All persons within the municipality that own or operate any water distribution system, or component of a water distribution system, that is connected to the public water supply system of the municipality (each, a "user"), as well as all persons that perform installation, repair, modification or servicing of any part of such users' water distribution system, shall take all steps necessary or appropriate to minimize the occurrence of backflow into the public water supply system and any resultant damage. Such steps shall include, but shall not be limited to, control of fire hydrant flow, maintaining maximum possible pressure during repairs, follow-up flushing and bacterial testing. Users of the public water supply system, and persons that intend to perform installation, repair, modification or servicing of any part of such users' water distribution system, shall contact the municipality, or its designated agent, to obtain the information regarding the potential causes of and problems resulting from backflow into the public water supply, as well as the measures necessary or appropriate to prevent backflow in accordance with the New York State Cross-Connection Control Law and New York State Department of Health requirements, that such persons may require in order to achieve and maintain compliance with this Part 2. §256-19. Survey of users. A. Each user of the public water system who, under applicable New York State law, may be considered to be a potentially hazardous user shall cooperate, to the extent reasonably possible, in enabling the municipality, utilizing either its own personnel or independent 256:10 06-01-2004 § 256-19 WATER PROTECTION § 256-20 contractors or a combination of both, to perform surveys of such user's water distribution system in order to determine if such user is a potentially hazardous user. B. Any person selected by the municipality to perform such surveys, whether an employee of the municipality or an independent contractor, shall demonstrate to the satisfaction of the municipality that such person has received such training as is necessary or appropriate to perform the surveys in a thorough and accurate manner. §256-20. Certification of potentially hazardous users. A. Each user that receives written notice of having been identified, under applicable New York State law, as a potentially hazardous user shall be obligated, immediately upon receipt of such notice, to obtain and deliver to the municipality, or to the municipality's designated agent, as stated in such notice, written certification i) certifying whether the hazard described in the notice does or does not exist, and ii) if such hazard does exist, certifying that a New York State Health Department approved backflow prevention device a) has been properly installed and b) is fully operational. The written certification must be signed by a licensed professional engineer who has adequate training, in the opinion of the municipality or its designated agent, in sanitary engineering, including in backflow prevention systems, water distribution and hydraulics. Any inspection and/or testing performed in connection with the preparation of the written certification must be performed by a person who has received certification from the State of New York Department of Health as a certified backflow prevention device tester (such person referred to in this Part 2 as a "certified backflow prevention device tester"), who has performed such inspection and/or testing under the supervision of the professional engineer who signs the written certification. The certification shall be dated, signed and sealed by the certified backflow prevention device tester not later than 72 hours following the performance of any necessary tests at the site, and, if no testing was performed, not later than 48 hours following physical inspection of the site. B. In the event that a user receives written notification from the municipality, or its designated agent, that such user's certification i) is materially deficient in regard to the scope, nature or detail of information provided, ii) contains any material errors or iii) provides information indicating that the user's backflow prevention device or system is inadequate or unsatisfactory, then this subsequent notice shall have the same effect as the initial notice described in Subsection A above, that is, immediately upon receipt of this subsequent notice, the user shall be obligated to obtain and deliver to the municipality, or to the municipality's designated agent, as stated in such notice, a certification as described in Subsection A above, which certification, in addition to the requirements of Subsection A above, specifically states the manner in which the defect identified in the subsequent notice has been cured. C. In the event that the user has failed to deliver either i) the certification described in Subsection A above within 30 days of the date of the initial notice to the user, or ii) the certification described in Subsection B above within 15 days of the subsequent notice to the user, then such user shall be in violation of this chapter and subject to such penalties as are provided for herein and under all other applicable laws. 256:11 06-01-2004 § 256-20 ITHACA CODE § 256-21 D. Each user shall pay a filing fee established by the municipality for the filing of the above-described certifications. Such fees may vary depending upon the nature of the user's business, the volume of water used by the user, and the size, age and location of the user's facilities. E. All surveys of user's water distribution systems and all certifications delivered in accordance with this Part 2 shall be and remain the property of the municipality. F. Each user who has been identified as a potentially hazardous user and has been sent a notice in accordance with Subsection A above shall be required to deliver to the municipality, or its designated agent, an updated certification as described in Subsection A above not less than once during every twelve-month period following the date of the initial notice to the user stating that the user has been identified as a potentially hazardous user. The municipality may deliver notices of such requirement for updated certifications to users periodically. In any case that the municipality has notified a user that a certification is defective as described in Subsection B above, the municipality may require, by delivery or written notice to the user, that the user deliver to the municipality additional written certifications, as described in Subsection A above, once in each four-month period during the 12 months following delivery of the defective certification. G. In the event that any user that has previously been identified as a potentially hazardous user by having received a notice as described in Subsection A above intends to install any backflow prevention device at its premises, prior to installation of such device the user shall deliver to the municipality, or to the municipality's designated agent, a written statement, prepared by a New York State licensed professional engineer, describing the device and a copy of the user's plans for its installation. The user shall not install such device until the user has received the municipality's, or the municipality's designated agent's, written approval to such plans, and such approval as may be required from the Tompkins County Health Department. If the installation of the device deviates substantially from such plans, the user shall obtain the municipality's, or the municipality's designated agent's, written approval, and such approval as may be required from the Tompkins County Health Department, to such deviation. §256-21. Penalties for offenses. A. In the event that a user of the public water supply fails to comply with any term or provision of this Part 2, the user shall be in violation of this Part 2, and such user shall be subject to the imposition of such penalties as are provided in accordance with Part 1, Cross-Connection Control, of this chapter, and/or in accordance with this Part 2 and/or in accordance with any other applicable law. In addition, a violation of this Part 2 shall constitute a violation under the Penal Law of the State of New York. If no other penalties are provided, a violation of this Part 2 shall be deemed to be a misdemeanor, and the violator shall be subject to a fine of up to $1,000 and imprisonment for up to one year. Each week's continued violation shall constitute a separate offense. The provisions of the Criminal Procedure Law, and any other law applicable to misdemeanors, shall govern criminal prosecutions of violations of this Part 2. 256:12 06-01-2004 § 256-21 WATER PROTECTION § 256-22 B. In addition to any other penalties provided in Part 1, Cross-Connection Control, or any other applicable law, if a user fails to provide to the municipality, or to the municipality's designated agent, any certification required in accordance with § 256-20 of this Part 2, the user shall be subject to a fine. This fine shall not exceed $25 for each day beyond the 180th day following the date of the original notice to the user(as described in § 256-20A of this Part 2) multiplied by the number of inches of diameter of the largest pipe supplying public water to such user's premises. C. In addition to any other penalties provided for herein, the municipality may institute any appropriate action or proceeding to prevent the unlawful installation, repair, modification, maintenance or use of a water distribution system that is connected to the public water supply in violation of the requirements of this Part 2, of Part 1, Cross-Connection Control, or of other applicable law. §256-22. Residential users. A. Residential users shall be considered potentially hazardous users if a determination is made by the municipality that i) an activity conducted at the residential property or ii) a circumstance specific to the residential property establishes an equivalent degree of hazard as might be found in the situation of a potentially hazardous nonresidential user. Examples of such activities and circumstances include, but are not limited to, the presence of boiler feed inhibitors, antifreeze loops and single-walled heat exchangers. Residential swimming pools and double-walled heat exchanger systems shall not be considered potential hazards. B. Residential users also shall be considered potentially hazardous users if: (1) The residential user obtains its water supply from a private well in addition to the public water supply service. In this case, the residential user must either comply with all currently applicable requirements of the New York State Cross-Connection Control Law and of the New York State Department of Health Cross-Connection Control Guide, or abandon use of the private well supply in a proper manner. (2) The residential user owns, operates, installs or relocates a lawn sprinkler system which employs underground lawn sprinklers. Such a residential user shall be required to install acceptable reduced pressure zone devices in accordance with the conditions of Subpart 5-1.31(a) of the New York State Cross-Connection Control Law. Residential users who own, operate, install or relocate a "pop-up" law sprinkler system, rather than a strictly underground sprinkler system, shall likewise be required to install an acceptable reduced pressure zone device under said Subpart 5-1.31(a), unless such owners apply in writing to the municipality for a waiver of this requirement and receive written confirmation from the municipality of such waiver. The requirement described in this Subsection B(2) shall not apply to lawn sprinkler systems that are six inches or more above grade. 256:13 06-01-2004 § 256-23 ITHACA CODE § 256-24 §256-23. Private hydrants. Owners and operators of private hydrants which are not under the control of the public water supplier shall be required to install acceptable reduced pressure zone devices in accordance with part 5-1.31(a) of the New York State Cross-Connection Control Law. The foregoing requirement shall apply whether the private hydrants are used to augment fire-fighting systems, for lawn fertilization, for tree spraying or for any other purposes. §256-24. Multiple customer distribution systems. A. A "multiple customer distribution system," according to the New York State Department of Health, includes all strip shopping centers, malls and similar water distribution networks. For the purposes of this Part 2, the term "multiple customer distribution system" shall also include any system providing water to any single nonresidential building or group of nonresidential buildings that are occupied by two or more entities which entities are not all owned by a common owner or by one another or are not all engaged in the conduct of the same activities at the location served by said water system. All multiple customer distribution systems shall be identified as potentially hazardous users, because there is generally no communication with the municipality regarding changes in individual customers using such systems. Owners of such systems, and/or their agents, shall install acceptable reduced pressure zone protection in such systems within the common service portion of such systems and as close within such systems to the water meter as is reasonably practical. B. In the event that i) the owner of multiple customer distribution systems, and/or the owner's agent, submits to the municipality, or the municipality's designated agent, a detailed written description, satisfactory to the municipality, or its designated agent, of a) the system and its users and b) any change in any of the users of such system within 30 days of such change; and ii) the municipality, or its designated agent, determines that no user of such system is a potentially hazardous user, and that the system otherwise complies with all applicable backflow prevention laws, the multiple customer distribution system shall be entitled to a waiver of compliance with the requirements of Subsection A above defining a multiple customer distribution system. Failure on the part of the owner and/or the owner's agent to deliver the notification of change of users described in b) above shall automatically make void any waiver from compliance with the requirement to install adequate reduced pressure zone protection in the multiple customer distribution system. 256:14 06-01-2004 Chapter 261 WATER RATES § 261-1. Definitions. § 261-8. Permit required for connection § 261-2. Revenues. or repair. § 261-3. Rates, rents and charges. § 261-9. Penalties for offenses. § 261-4. Payment procedures. § 261-10.Repealer. §261-5. Costs, expenses and other Schedule A, Water Rate charges. Schedule §261-6. Right of entry. § 261-7. Compliance required. [HISTORY: Adopted by the Town Board of the Town of Ithaca 8-23-1976 by L.L. No. 2-1976.Amendments noted where applicable.] GENERAL REFERENCES Sewer rents—See Ch.210. Water protection—See Ch.256. Sewer use—See Chs.214-217. § 261-1. Definitions. CHARGE or CHARGES — Includes any surcharges which may be established under this chapter. COMMISSION — The Southern Cayuga Lake Intermunicipal Water Commission unless otherwise expressly stated. CONTRACTING MUNICIPALITY — Any municipality, public authority, public agency or public benefit corporation with whom the Town contracts to deliver, receive, treat and distribute a supply of water. DWELLING UNIT — A dwelling, or portion of a dwelling, providing complete living facilities for one family. MUNICIPAL WATER SYSTEM (also referred to herein as "waterworks system" or "water system") — The water system, or any portion thereof, either separately owned, operated, and maintained by the Town of Ithaca or owned, operated, and maintained jointly with other municipalities and administered by the Southern Cayuga Lake Intermunicipal Water Commission, and shall include all component parts and facilities thereof including, without limitation, reservoirs, mains, pipes, treatment plants, storage tanks, intake facilities and all other appurtenances which are used or useful in whole or in part for the collection, impounding, treatment or distribution of water. 261:1 06-01-2004 § 261-1 ITHACA CODE § 261-4 WATER RATE— The water rent, rate, charge, or surcharge imposed or levied by the Town of Ithaca, New York, for the use of water through the municipal water system. §261-2. Revenues. All revenues imposed hereunder, together with all interest and penalties thereon, shall be designated in such manner as to identify them as water revenue funds. All such revenues derived from such water service and operation of the water system shall be applied towards the payment of the cost of operation and maintenance of the waterworks system and the facilities, extensions and improvements thereof, and toward the payment of the cost of construction thereof including the payment of principal and interest on outstanding serial bonds or other obligations issued or incurred in connection with such waterworks system. §261-3. Rates, rents and charges. A. For the use of water and for the purposes hereinabove set forth, the scale of water rates, rents or charges, as set forth in Schedule A, included at the end of this chapter, is hereby established and imposed. B. The Town Board may, from time to time, either by adopting a local law or ordinance, or by adopting a resolution, after a public hearing duly called for that purpose, amend, modify or add to such water rates, rents or charges (herein also "revenues") or adopt such other regulatory measures which may be required to administer the collection of such revenues. If adopted by resolution, the Town Clerk: [Added 9-11-1978 by L.L. No. 1-1978] (1) Shall file a certified copy of any such resolution in the book of local laws maintained by the Town Clerk; and (2) Shall refer briefly to the substance of this chapter and the date of its adoption on Local Law No. 2-1976, as filed in said book. §261-4. Payment procedures. A. All water rates and charges due hereunder shall be paid to the Town Clerk of the Town of Ithaca at the Town offices at 215 North Tioga Street, Ithaca, New York. B. The Town Clerk or other person authorized by the Town Board shall keep a record of all properties within the Town of Ithaca which are connected to the municipal water system and the municipal sewer system and bills shall be mailed to the owner or any other person to whom a water bill is addressed, billed or mailed by the Town and at the address appearing on said bill. The failure of any person to receive a bill shall not excuse nonpayment thereof, nor shall it operate as a waiver of the penalty herein prescribed. Notwithstanding any other provision in this chapter, all water rates, charges, including surcharges, or other fees relating to water service, shall be a charge against the owner of the premises connected with the municipal water system, and such owner shall be liable for the payment of all such rates and charges, including penalties and interest. 261:2 06-01-2004 § 261-4 WATER RATES § 261-4 C. If water rates or other charges payable under this chapter are not paid within 30 days from the date on which they are due, an additional charge or penalty of 10% shall be added to the water rates or charges due. For this purpose, the date on which such rates are deemed due is the date on which the bill is issued or, if no bill is issued the 15th day following the close of each calendar quarter during which water was consumed (i.e., the due date for water rates relating to water consumed in the first calendar quarter of the year shall be April 15). The Town Supervisor, or other person designated by the Supervisor, in the event such rates or charges are not paid within 60 days from the date on which they are due, may cause a notice to be delivered or mailed to the owner or to any other person designated by the owner, addressed to the address to which bills are to be sent, and to the occupant of the premises, addressed at the premises, stating the amount due and demanding payment thereof within a period of at least 10 days of the date of the notice and stating that if such payment is not made, the water service may be discontinued, without further notice, and, at the expiration of such period the Town Supervisor, or any employee or officer of the Town or of any contracting municipality or the Commission, designated by the Supervisor or the Town Board, may enter on said premises and cause the water service to be disconnected. In addition to any other charges due to the Commission or Town, there shall also be due to the Town a charge of$25 for disconnecting and a charge of $25 for reconnecting such water service. [Amended 8-11-1997 by L.L. No. 3-19971 D. Water rates and charges, including any surcharges thereto, shall constitute a lien on the real property served by the water system and shall be a charge against the owner or agent of such real property. The priority of such lien, and the enforcement and collection thereof and of such rates and charges shall be in accordance with Subdivision 3(d) of § 198 of the Town Law and in accordance with all other provisions of the Town Law and Tax Law of the State of New York, and this chapter, not inconsistent with the said subdivision and section. All delinquent accounts for the payment of water rates and other charges hereunder which remain unpaid as of the end of each year shall be placed on the tax roll for collection in accordance with the provisions of § 198 of the Town Law or other applicable provisions of law. For purposes of providing the information required to implement the provisions of § 198, Subdivision 3(d), of the Town Law, the Town Clerk shall, no later than November 1 of each year provide the statements showing unpaid water charges as of the immediately preceding October 15, which statements shall contain the information and be utilized as set forth in § 198, Subdivision 3(d), of the Town Law. Failure to provide the statements by such date, or to include all unpaid water rates as of said October 15, shall not invalidate any amounts that are included on a subsequently supplied statement nor shall it invalidate the levy of any unpaid water rates on any tax bill. [Amended 8-11-1997 by L.L. No.3-19971 (1) Real property shall be deemed to include all property, dwelling units or other structures which i) are connected with the water system or ii) are not connected with the water system but which can be connected by a building lateral running from any structure on said premises to a transmission main or lateral in an adjacent public street, alley, or thoroughfare, or in a public easement running to such premises from any such transmission main or lateral, or iii) are not connected with the water system but for which the Town has agreed to accept an easement on such premises and to construct, at public expense, a water main in such easement to a 261:3 06-01-2004 § 2614 ITHACA CODE § 261-6 point which is either the point of connection of any building lateral with a public water main serving such premises prior to the construction of the Southern Cayuga Lake Intermunicipal water system or a point on such premises which is no closer than 50 feet to the foundation wall of any building on such premises which is to be connected with the water system. (2) If the property is not connected to the municipal water system, then the Town Board or the Town Supervisor or other Town officer or employee shall determine: (a) The quarterly water bill for said property which shall be the average amount paid by owners or users of a representative number of structures of comparable size, water use or occupancy; or (b) A minimum sum of dollars for each structure, or if a dwelling unit is contained on said structure, a minimum of$1 for each separate dwelling unit in said structure; Whichever is the larger of Subsection D(2)(a) and (b). E. To enforce the collection of water rates or other charges of fees due under this chapter, including all interest and penalties, the Town may bring an action as upon contract for such water rates, charges and other sums, or to foreclose liens for water rates and such charges; in addition, all such unpaid charges and rates may be collected and enforced as provided for in Subdivision 3(d) of § 198 of the Town Law. The Town may pursue any one or more of the aforesaid remedies, separately or simultaneously until all sums due to the Town have been collected in full. §261-5. Costs,expenses and other charges. Any costs and expenses or other charges other than those hereinbefore described, incurred by the Town because of any repair or other work to the water system or otherwise for which the owner of any property served by or connected with the water system is obligated under this chapter or any rule, regulation, resolution or other ordinance, statute or provision of law, shall be collected in the manner provided for the collection of water rates in this chapter, and shall be a lien upon the property and enforceable in accordance with the provisions of this chapter or any other applicable provision of law. §261-6. Right of entry. Any duly authorized officer, employee, contractor, or agent of the Town or other person duly authorized by the Town Supervisor, the Town Board or by the Commission shall be permitted to enter on any property at reasonable hours for the purpose of reading meters, or inspecting, disconnecting, repairing or replacing the same or for any other purpose reasonably necessary to carry out the provisions or purposes of this chapter. 261:4 06-01-2004 § 261-7 WATER RATES § 261-10 §261-7. Compliance required. Each property owner shall comply with all laws, ordinances, rules and regulations of i) the Town of Ithaca and, when not inconsistent with the foregoing, or ii) the Commission and any contracting municipality pertaining to and applicable to consumers of water in the Town of Ithaca. §261-8. Permit required for connection or repair. A. No person, association, corporation or any other group of persons shall i) connect with or use the Town water system without applying for and obtaining a permit from the Town Clerk and such other person or agency designated by the Town Board, and ii) install, repair, alter, or otherwise tamper with a water meter unless authorized by the Town Supervisor, Town Board or the Commission, or unless such work is done pursuant to a permit. B. No such permit shall be issued unless a valid building permit has been granted or the erection of any structure for which the water connection is sought, whether such structure has been heretofore or hereinafter erected, or a valid certificate of occupancy has been issued. C. Any duly authorized officer or employee of the Town may refuse to issue such permit or may revoke such a permit unless a valid building permit or certificate of occupancy is issued and delivered to such officer or employee. §261-9. Penalties for offenses. The violation of each provision of §§ 261-7 and 261-8 of this chapter shall constitute a violation. The punishment for each such violation shall be a fine not exceeding $100 for each such separate violation of the provisions of said sections or imprisonment for a period of not more than 30 days, or both. The Town may also proceed to recover a civil penalty in the amount of $100 for the violation of each such separate provision of the aforesaid sections. The Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with, or to restrain by injunction the violation of, any such provisions of the aforesaid sections. §261-10. Repealer. The prior ordinance and regulations adopted July 10, 1972, as they may have been amended, are hereby repealed. 261:5 06-0t-2M WATER RATES Schedule A Water Rate Schedule [Adopted 8-23-1976 by L.L. No. 2-1976; amended 1-29-1979 by L.L. No. 5-1979; 11-6-1980 by L.L.No. 8-1980; 12-31-1987 by L.L. No. 16-1987; 1-9-1989 by L.L. No. 1-1989; 9-9-1991 by L.L. No. 14-1991; 3-19-1992 by L.L. No. 11-1992; 10-5- 1992 by L.L.No.20-1992; 114-1993 by L.L. No. 12-1993; 10-3-1994 by L.L.No. 8- 1994; 11-5-1998 by L.L. No. 13-1998; 11-6-2003 by L.L. No. 6-20031 The rate charged for water consumption shall be $3.20 per 1,000 gallons. This rate is equal to $2.40 per 100 cubic feet. The foregoing rate will be the rate charged for all regular quarterly bills sent after January 1, 2004. Actual or base consumption may occur prior to January 1, 2004. Notwithstanding the foregoing rates the following minimum base charges shall be applicable to the meter size indicated below for regular quarterly bills issued on and after January 1, 2004. The table below also shows the amount of water consumption that is permitted before the minimum base charge would be exceeded: Meter Size Base Consumption (inches) (ingallons) Minimum Charge 3/4 10,000 $32.00 1 30,000 $96.00 1 1/2 45,000 $144.00 2 90,000 $288.00 3 140,000 $448.00 4 200,000 $640.00 6 350,000 $1,120.00 Multiple housing and mobile home parks of over two dwelling units, using a master meter, will be computed as follows: The quarterly master meter reading will be divided by the number of dwelling units and the water charge will be figured on this number as if the unit was individually metered. The water charge will then be multiplied by the number of units on the master meter and this will be the billing rendered. If the calculation of the water consumed per dwelling unit is less than the allowable consumption for a 3/4 inch meter, then the billing will be calculated by multiplying the number of units on the master meter times the minimum charge for a 3/4 inch meter[e.g., if there were 20 dwelling units on the master meter, and total water 261:A 1 06-01-2004 ITHACA CODE consumption shown by the master meter was 100,000 gallons, the billing would be $640 (20 units times $32) rather than $320 (100,000 gallons times $3.20/1,000 gallons)). The water application fee for each new application of water and/or sewer is as follows: The fee per application shall be determined by adding the appropriate costs from Sections A, B and C: Type Fee Section A: SERVICE TAP ------------------------------------------------------- -------------------------------------------------------- If tap exists -- - - - - - No charge - - 3/4-inch or 1-inch tap by Bolton Point $50.00 - includes valve) ----------------------------------------------------- -------------------------------------------------------- 1 1/4-inch, 1 1/2-inch or 2-inch tap by $50.00 Bolton Point(owner supplies valve) ------------------ ----------- --------- -------------------------------------------------------- Larger than 2-inch tap(tap done under $50.00 Bolton Point supervision; owner pays for costs Section B: METER ------------------------------------------------------------ ---------------------------------------------------- 3/4-inc ------------------------------------------------------ -------------------------------------------------------- 3/4-inch $50.00 ------------------------------------------------------- -------------------------------------------------------- 1-inch $150.00 ------------------------------------------------------- -------------------------------------------------------- Larger than 1-inch Customer pays cost of meter and accessories Section C: INSPECTIONS ------------------------------------------------------- -------------------------------------------------------- 0 to 5 inspection trips (water lateral, sewer $125.00 lateral and NYS Plumbing Code inspection) 261:A2 06-01-2004 Chapter 270 ZONING ARTICLE I § 270-15. Accessory buildings and uses Title authorized by special approval only. § 270-1. Title. § 270-16. Height limitations. ARTICLE II § 270-17. Yard regulations. Purpose § 270-18. Lot coverage. § 270-19. Size and area of lot. § 270-2. Purpose. § 270-20. Clustering. § 270-21. Parking. ARTICLE III Terminology § 270-22. Additional requirements and restrictions. § 270-3. Word usage. § 270-23. Park and recreation setasides § 270-4. Controlling regulation. and fees in lieu thereof. § 270-5. Definitions. § 270-24. Site plan approval. ARTICLE IV ARTICLE VI Establishment of Zones Agricultural Zones § 270-6. Enumeration of zones. § 270-25. Purpose. § 270-7. Continuation of special land § 270-26. Permitted principal uses. use districts. § 270-27. Principal uses authorized by § 270-8. Zone boundaries. special permit only. § 270-9. Prohibition of uses. § 270-28. Principal uses authorized by special approval only. ARTICLE V § 270-29. Permitted accessory buildings Conservation Zones and uses. § 270-30. Accessory buildings and uses § 270-10. Purpose. authorized by special approval § 270-11. Permitted principal uses. only. § 270-12. Principal uses authorized by § 270-31. Height limitations. special permit only. § 270-32. Yard regulations. § 270-13. Additional requirements for § 270-33. Building area. special permit. § 270-34. Size and area of lot. § 270-14. Permitted accessory buildings § 270-35. Density limitations and or uses. limitations on subdivision of parent tracts. 270:1 06-01-2004 ITHACA CODE §270-36. Parking. § 270-58. Accessory buildings and uses §270-37. Additional special authorized by special permit requirements. only. §270-38. Site plan approval. § 270-59. Height limitations. §270-39. Right to farm. § 270-60. Yard regulations. § 270-61. Building area. ARTICLE VII § 270-62. Size and area of lot. Lakefront Residential Zones § 270-63. Special properties. 1� §270-40. Purpose. § 270-64. Parking. §270-41. Permitted principal uses. ARTICLE IX §270-42. Principal uses authorized by Medium Density Residential Zones special permit only. §270-43. Permitted accessory structures § 270-65. Purpose. and uses. § 270-66. Permitted principal uses. §270-44. Accessory buildings and uses § 270-67. Principal uses authorized by authorized by special approval special permit only. only. § 270.68' Permitted accessory buildings §270-45. Accessory structures and uses and uses. authorized by special permit only. § 270-69. Accessory buildings and uses § authorized by special approval 270-46. Height limitations. only. § 270-47. Yard regulations. § 270-70. Height limitations. § 270-48. Building area. § 270.71. Yard regulations. § 270-49. Size and area of lot. § 270.72. Building area. § 270-50. Special properties. § 270.73. Size and area of lot. § 270-51. Parking. § 270-74. Special properties. § 270-52. Special requirements. § 270-75. Parking. ARTICLE VIII ARTICLE X Low Density Residential Zones High Density Residential Zones § 270-53. Purpose. § 270-76. Purpose. § 270-54. Permitted principal uses. § 270.77. Permitted principal uses. § 270-55. Principal uses authorized by § 270-78. Principal uses authorized by special permit only. special permit only. § 270-56. Permitted accessory buildings § 270-79. Permitted accessory buildings and uses. and uses. § 270-57. Accessory buildings and uses authorized by special approval only. 270:2 06-01-2004 ZONING § 270-80. Accessory buildings and uses § 270-104.Minimum area for multiple authorized by special approval residence zone. only. § 270-105.Height limitations. § 270-81. Height limitations. § 270-106.Yard regulations. § 270-82. Yard regulations. § 270-107.Building area. § 270-83. Building area. § 270-108.Minimum usable open space. § 270-84. Size and area of lot. § 270-109.Size and area of lot. § 270-85. Special properties. § 270-110.Parking. § 270-86. Parking. § 270-111.Additional special requirements. ARTICLE XI § 270-112.Site plan approval. Mobile Home Park Zones § 270-87. Purpose. ARTICLE XIII Commercial Zones Generally § 270-88. Minimum area. § 270-89. Permitted principal uses. § 270-113.Purpose. § 270-90. Principal uses authorized by § 270-114.Permitted accessory uses. special permit only. § 270-115.Minimum area for commercial § 270-91. Permitted accessory uses. zone. § 270-92. Accessory buildings and uses § 270-116.Height limitations. authorized by special approval § 270-117.Yard regulations. only. § 270-118.Building area. §270.93. Height limitations. §270-94. Yard regulations. § 270.119.Minimum usable open space. § 270-120.Size and area of lot. §270-95. Building area. §270-96. Lot area. § 270-121.Parking. § 270-122.Additional special § 270-97. Special requirements. requirements. § 270-98. Site plan approvals. § 270-123.Drive-through operations. ARTICLE XII § 270-124.Site plan approval. Multiple Residence Zones ARTICLE XIV § 270-99. Purpose. Neighborhood Commercial Zones § 270-100.Permitted principal uses. § 270-125.Purpose. § 270-101.Permitted accessory buildings § 270-126.Permitted principal uses. and uses. § 270-127.Principal uses authorized by § 270-102.Principal uses authorized by special permit only. special permit only. § 270-128.Mairimum building size. § 270.103.Accessory buildings and uses authorized by special approval only. 270:3 06-01-2004 ITHACA CODE ARTICLE XV § 270-145.Adult entertainment uses Office Park Commercial Zones authorized by special approval only. § 270-129.Purpose. § 270-146.Permitted accessory buildings § 270-130.Permitted principal uses. and uses. § 270-131.Principal uses authorized by § 270-147.Minimum area for a light special permit only. industrial zone. § 270-132.Additional permitted accessory § 270-148.Height limitations. uses. § 270-149.Yard regulations. ARTICLE XVI § 270-150.Building area. Community Commercial Zones § 270-151.Minimum usable open space. § 270-152.Size and area of lot. § 270-133.Purpose. § 270-153.Parking. § 270-134.Permitted principal uses. § 270-154.Additional special § 270-135.Principal uses authorized by requirements. special permit only. § 270-155.Performance standards. ARTICLE XVII § 270-156.Site plan approval. Vehicle Fueling and Repair Commercial ARTICLE XX Zones Industrial Zones § 270-136.Purpose. § 270-157.Purpose. § 270-137.Permitted principal uses. § 270-158.Permitted principal uses. § 270-138.Principal use authorized by § 270-159.Prohibited uses. special permit only. § 270-160.Permitted accessory buildings ARTICLE XVIII and uses. Lakefront Commercial Zones § 270-161.Placement of accessory structures. § 270-139.Purpose. § 270-162.Minimum area for an § 270-140.Permitted principal uses. industrial zone. § 270-141.Principal uses authorized by § 270-163.Height limitations. special permit only. § 270-164.Yard regulations. § 270-142.Accessory uses authorized by § 270-165.Building area. special permit only. § 270-166.Minimum usable open space. ARTICLE XIX § 270-167.Size and area of lot. Light Industrial Zones § 270-168.Parking. § 270-169.Additional special § 270-143.Purpose. requirements. § 270-144.Permitted principal uses. § 270-170.Performance standards. 270:4 06-01-2004 ZONING § 270-171.Site plan approval. § 270-192.Letter of credit. § 270-193.Completion of improvements. ARTICLE XXI § 270-194.Expiration of site plan Planned Development Zones approval. § 270-172.Purpose. ARTICLE XXIV § 270-173.Establishment and location. Special Permits and Special Approvals § 270-174.Permitted principal and accessory uses. § 270-195.Purpose. § 270-175.Additional requirements. § 270-1%.Requirement preceding § 270-176.Minimum area for Planned issuance of building permit or Development Zone. certificate of occupancy. § 270-177.Yard and other regulations. § 270-197.Applicability. § 270-178.Site plan approval. § 270-198.Procedure. § 270-199.Waiver of requirements. ARTICLE XXII § 270-200.Considerations for approval. Procedures for Creation of New Zones §270-201.Modifications of special § 270-179.Zones to which applicable. permits or special approvals. § 270-180.General provisions. § 270-202.Expiration of special permit or special approval. § 270-181.Procedures for creation of a zone. ARTICLE XXV Nonconforming Uses ARTICLE XXIII Site Plan Review and Approval § 270-203.Nonconforming lots of record. Procedures § 270-204.Nonconforming uses of land. § 270-182.Purpose. § 270-205.Nonconforming structures. § 270-183.Site plan required prior to § 270-206.Nonconforming uses of building permit or certificate structures. of occupancy. § 270-207.Interruption of nonconforming § 270-184.Applicability. use. § 270-185.Procedure. § 270-208.Dwellings on nonconforming lots. § 270-186.Site plan requirements. § 270-209•Continuation of construction. § 270-187.Waiver of requirements. § 270-210.Alterations in use. § 270-188.Considerations for approval. § 270-211.Restoration. § 270-189.Limitations an construction. § 270-212.Board of Appeals § 270-190.Reservation of parkland on determination. site plans containing residential units. § 270-213.Variance criteria. § 270-191.Modifications of site plans. 270:5 06-01-2004 ITHACA CODE § 270-214.Amortization of certain § 270-228.Approval of County Health nonconforming uses relating to Department. pre-1991 residential § 270-229.Abandoned cellar holes and occupancies. buildings. ARTICLE XXVI § 270-230.Agricultural lands in County Special Regulations Agricultural Districts. § 270-215.Mobile homes and trailers. ARTICLE XXVIII Administration § 270-216.Elder cottages. § 270-217.Extraction or deposit of fill § 270-231.Enforcement. and related products. § 270-232.Applications for approvals, § 270-218.Limitations on vehicle repair remedies or relief. garages and gasoline sales § 270-233.Permit to build. stations. §270-219.Telecommunications facilities. § 270-234.Certificate of occupancy. § 270-235.Zoning Board of Appeals. ARTICLE XXVII § 270-236.Planning Board. General Provisions § 270-237.Posting of notices. § 270-220.Building floor area. § 270-238.Entry and inspection. § 270-221.Side yard on corner lot. § 270-239.Violations and penalties. § 270-240.Amendments. §270-222.Porches and carports. § 270-241.Validity. §270-223.Fences and walls. § 270-242.Existing Zoning Ordinance § 270-224.Projections in yards. amended, readopted and § 270-225.Reduction of lot area. reenacted. § 270-226.More than one building on a § 270-243.Fees. lot. § 270-244.Effective date. § 270-227.Parking facilities. § 270-245.Transition provisions. [HISTORY: Adopted by the Town Board of the Town of Ithaca 12-8-2003 by L.L. No. 7-2003.Amendments noted where applicable.] 270:6 06-01-2004 § 270-1 ZONING § 270-3 GENERAL REFERENCES Appearance tickets—See Ch.9. Fees—See Ch.153. Conservation Board—See Ch.23. Flood damage prevention—See Ch.157. Adult uses—See Ch.100. Freshwater wetlands—See Ch.161. Agricultural assessments—See Ch.104. Property maintenance—See Ch.205. Building construction and fire prevention—See Ch.125. Signs—See Ch.221. Unsafe buildings—See Ch.129. Subdivision of land—See Ch.234. Environmental quality review—See Ch.148. Special land use districts—See Ch.271. ARTICLE I Title §270-1. Title. This chapter shall be known as the "Town of Ithaca Zoning Ordinance" whether adopted as an ordinance or local law. Hereinafter, this law is sometimes referred to as "this chapter." ARTICLE II Purpose §270-2. Purpose. This chapter is adopted pursuant to the laws of the State of New York in order to protect and promote the health, safety and welfare of the community. Among other purposes this chapter is intended to prevent the overcrowding of lands, to avoid undue concentration of population, to facilitate the adequate provisions of transportation, water, sewage disposal, schools, parks, and other public requirements, to consider the value of property, and to establish zones in which regulations concerning the use of lands and structures, the density of development, the amount of open space that must be maintained, size of yards, the provision of parking and control of signs, and other provisions will be set forth to encourage the most appropriate development of the Town in accordance with the Comprehensive Land Use Plan of the Town of Ithaca as the same may be amended and updated by the Town. ARTICLE III Terminology §270-3. Word usage. For the purposes of this chapter certain terms and words shall be interpreted as follows: A. Unless otherwise specifically defined herein or otherwise indicated, all words used in this chapter shall carry their customary meanings. B. Words used in the present tense include the future. C. The plural usage includes the singular. D. The word "shall" is mandatory. E. The word "may" is permissive. 270:7 06-01-2004 § 270-3 I THACA CODE § 270-5 F. The word "lot" includes the word "plot" or "parcel." G. The words "occupied" or "used" shall be considered as though followed by the words "or intended, arranged, or designed to be used or occupied." H. The words "he," or "she" includes the opposite gender and in both instances includes the word "it." §270-4. Controlling regulation. Where provisions of this chapter impose greater restrictions than those of any statute, other ordinance, law, or regulation, the provisions of this chapter shall be controlling. When the provisions of any statute, other ordinance, law, or regulation impose greater restrictions than this chapter, the provisions of such other statute, ordinance, law, or regulation shall be controlling. §270-5. Definitions. For the purpose of this chapter certain words and terms shall have the following meanings unless the context otherwise requires: ADULT CARE FACILITY — An establishment for adults which provides for hire residential care and services to adults who, by reason of choice, physical or other limitations associated with age, physical or mental disabilities or other factors, are unable or substantially unable to live independently or choose not to live independently. Such establishment includes an adult care facility as defined in the New York Social Services Law which has received and continues to maintain a validly issued operating permit as an adult care facility from New York State Department of Social Services or a County Department of Social Services. Such definition also includes retirement homes and communities which provide residences for the elderly with some supportive services. ADULT DAY-CARE FACILITY — An establishment for adults which provides for hire day-care services to adults who, by reason of physical or other limitations associated with age, physical or mental disabilities or other factors, are unable or substantially unable to live independently without supervision. ADULT ENTERTAINMENT BUSINESS — A business involving one or more of the following: A. Adult arcades where, for any form of consideration, one or more motion-picture projectors, slide projectors, video cassette players, computers, or similar machines, for viewing by five or fewer persons each are used to show films, motion pictures, video cassettes, slides, computer generated images, or other photographic reproductions, which are characterized by emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. B. Adult bookstores which have as a substantial (50% or more) portion of its stock-in-trade and offers for sale, for any consideration, any one or more of the following: 270:8 06-01 -2004 § 270-5 ZONING § 270-5 (1) Books, magazines, periodicals, or other printed matter or photographs, films, motion pictures, video cassettes, slides or other visual representations, which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas, or (2) Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities. C. Adult cabarets meaning any nightclub, bar (including establishments which do not serve alcoholic beverages), restaurant, or similar establishment, which regularly features live performances characterized by exposure of specified anatomical areas or by specified sexual activities or films, motion pictures, video cassettes, slides or other photographic reproductions characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. D. Adult motion-picture theater where, for any form of consideration, films, motion pictures, video cassettes, slides or other photographic reproductions are regularly shown, and in which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. E. Adult theater meaning a theater, concert hall, auditorium or similar establishment which, for any form of consideration, regularly features live performances in which a substantial portion of the total presentation time is devoted to the exposure of specified sexual activities or specified anatomical areas. F. Massage parlor where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment or manipulation of the human body is administered, unless by a medical practitioner, chiropractor, acupuncturist, physical therapist, licensed massage therapist, or similar professional person licensed by the state. This definition shall not be deemed to include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental accessory service. G. Peep show where, for any form of consideration, persons may observe from individual enclosures shows which regularly feature live performances characterized by exposure of specified anatomical areas or by specified sexual activities or films, motion pictures, video cassettes, slides, computer generated images, or other photographic reproductions characterized by an emphasis upon the depiction or description of specified sexual activities or specked anatomical areas. ALTERATION— A. As applied to a building or structure: (1) An enlargement by increasing in height or by extending on a side, front, or back; (2) Moving from one location or position to another; (3) Any change, addition, or removal of the structural parts; or 270:9 06-01-2004 § 270-5 I THACA CODE § 270-5 (4) Any change, addition, or removal of partitions, or any change in walls, ceiling, windows, or doors. B. The term "ALTER," in its various modes and tenses and its participial form, refers to the making of an alteration. BASEMENT— That space of a building that is partly below grade which has half, or more than half, of its height, measured from floor to ceiling, above the average finished grade of the ground adjoining the building. BED-AND-BREAKFAST — A building originally built and used as a dwelling other than a hotel or motel in which accommodations for transients are regularly offered for compensation and which accommodations include provision of at least one meal, and in which building no more than four bedrooms are utilized for such accommodations. BUILDING — A structure having a roof supported by columns or by walls and intended for shelter, housing, protection or enclosure of persons, animals or property. BUILDING, ACCESSORY — A detached building subordinate and clearly incidental to the principal building on the same lot and used for purposes customarily incidental to those of the principal building. BUILDING AREA — The total areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of uncovered porches, terraces and steps. BUILDING CODE — The New York State Uniform Fire Prevention and Building Code (9 NYCRR Part 600 et seq.) as the same may be amended from time to time, and any successor regulations, laws or codes. BUILDING LINE — The line formed by the intersection of the vertical plane that coincides with the most projected exterior point of a building on any side and the ground. Front, side, and rear building lines are respectively the building lines closest to the highway right-of-way, side property line and rear property line. BUILDING, PRINCIPAL — A building within which is conducted the primary uses of the lot on which the building is located. CATERER — A person or enterprise that prepares food for hire for consumption predominantly off premises. CELLAR — That space of a building that is partly or entirely below grade, which has more than half of its height, measured from floor to ceiling,below the average finished grade of the ground adjoining the building. CHILD DAY-CARE CENTER— A facility, home, or other establishment defined as a child day-care center in § 390 of the Social Services Law providing child care for seven or more children for hire licensed by the New York State Department of Social Services at which day care is provided for hire, and which is not a school, day-care home, family day-care home, or group family day-care home. (See also "day-care home," "family day-care home," "group family day-care home.") 270:10 06-01-2004 § 270-5 ZONING § 270-5 CLINIC — A building or any part of a building which is used for the group practice of medicine by several physicians in which certain facilities other than reception are shared by the occupants and in which patients are diagnosed or treated by physicians practicing as a group. CLUBHOUSE or LODGE — A building or premises used exclusively by members of an organization and their guests which premises or buildings are devoted to recreational or athletic purposes, not primarily conducted for gain. It excludes commercial and merchandising activities for other than its own membership. COMMUNITY RESIDENCE — A facility for adult residents operated by or subject to licensure by the Office of Mental Health or the Office of Mental Retardation and Developmental Disabilities of the State of New York defined as a Community Residence in the Mental Hygiene Law. DAY-CARE HOME — A facility, home, or other establishment at which day care is provided for hire for more than three hours per day per child for no more than two children. DOMESTIC ANIMALS — Domesticated horses, ponies, donkeys, sheep, cattle, llamas, goats, pigs, ducks, geese, chickens, swans, turkeys, rabbits, cats, dogs, or other domesticated animals found to be of a similar nature by the Zoning Board of Appeals, kept and maintained for personal use rather than for commercial uses, and not generally available for sale. DRIVE-THROUGH OR DRIVE-IN FACILITY — An establishment or facility that by design of physical facilities permits customers to receive a service or obtain a product (including food) while remaining in a motor vehicle on the premises. DWELLING— A building designed or used primarily as the living quarters for one or more families. DWELLING UNIT — A dwelling, or portion of a dwelling, providing complete living facilities for one family. ELDER COTTAGE — A separate, detached, temporary one-family dwelling, accessory to a one- or two-family dwelling on a lot erected and occupied in accordance with the provisions of§ 270-216 of this chapter. EQUESTRIAN FACILITY— A. A facility available to the public providing one or more of the following services for compensation: (1) Horse-riding lessons. (2) Horse training. (3) Leasing of horses. (4) Boarding of horses. (5) Sale of horses other than an occasional sale of a horse owned and used solely for personal purposes by the owner of noncommercial facility. 270:11 06-01-2004 § 270-5 I THACA CODE § 270-5 B. For the purpose of this definition, a pony or donkey shall be included in the term "horse." FAMILY— A. An individual, or B. Two or more persons occupying a single dwelling unit, related by blood, marriage, or legal adoption, living and cooking together as a single housekeeping unit, or C. Two unrelated persons, occupying a single dwelling unit, living and cooking together as a single housekeeping unit. D. Notwithstanding the provisions of Subsection C of this definition, a group of unrelated persons numbering more than two shall be considered a family upon a determination by the Zoning Board of Appeals that the group is a functional equivalent of a family pursuant to the standards enumerated in Subsection F herein. E. Before making a determination whether a group of more than two unrelated persons constitutes a family for the purpose of occupying a dwelling unit, as provided for in Subsection D of this definition, the Zoning Board of Appeals shall hold a public hearing, after public notice, as is normally required for the obtaining of a variance. The fee for such an application shall be the same as is required for an application for a variance. Said application shall be on a form provided by the Zoning Board of Appeals or Zoning Enforcement Officer. F. In making a determination under Subsection D the Board of Appeals shall find: (1) The group is one which in theory, size, appearance and structure resembles a traditional family unit. (2) The group is one which will live and cook together as a single housekeeping unit. (3) The group is of a permanent nature and is neither merely a framework for transient or seasonal (including as "seasonal" a period of an academic year or less) living, nor merely an association or relationship which is transient or seasonal in nature. In making this finding, the Zoning Board of Appeals may consider, among other factors, the following: (a) Whether expenses for preparing of food, rent or ownership costs, utilities, and other household expenses are shared and whether the preparation, storage and consumption of food is shared. (b) Whether or not different members of the household have the same address for the purposes of: [1] Voter registration. [2] Driver's license. [3] Motor vehicle registration. [4] Summer or other residences. 270:12 06-01-2004 § 270-5 ZONING § 270-5 (5] Filing of taxes. (c) Whether or not furniture and appliances are owned in common by all members of the household. (d) Whether or not any children are enrolled in local schools. (e) Whether or not householders are employed in the local area. (f) Whether or not the group has been living together as a unit for an extended period of time, whether in the current dwelling unit or other dwelling units. (g) Any other factor reasonably related to whether or not the group of persons is the functional equivalent of a traditional family. (4) In making determinations under this definition, the Zoning Board of Appeals shall not be required to consider the matters set forth in § 270-200 of this chapter. G. Lesser permitted number. (1) Notwithstanding the provisions elsewhere provided herein, if the following limitations result in a lesser permitted number of occupants than would be permitted under the definition of family set forth above and the regulations of each zone set forth later in this chapter, the number of occupants, related or otherwise, shall not exceed the maximum numbers determined on the basis of habitable space of each dwelling unit as follows: (a) A minimum of 150 square feet of habitable space for the first occupant; and (b) 80 square feet of habitable space for each additional person in each dwelling unit. (2) In no case shall the enclosed floor area be less than required by § 270-220 of this chapter. (3) Areas utilized for kitchenettes, bath, toilet, storage, utility space, closets, and other service or maintenance space shall be excluded in determining "habitable space." FAMILY DAY-CARE HOME — A facility, home, or other establishment, defined as a family day-care home in § 390 of the Social Services Law, at which day care is provided for hire for generally three to six children and which is registered with the Tompkins County Department of Social Services and is operated in accordance with the state and county regulations governing operations of a family day-care center. FAMILY-TYPE HOME FOR ADULTS — An adult care facility providing services to four or fewer adult persons unrelated to the operator, all as defined as a family-type home for adults in the New York Social Services Law § 2. FARM — Any parcel of land containing at least three acres which is used in the raising of agricultural products, such as crops, livestock, poultry, and dairy goods. It includes structures necessary to the production and storage of agricultural products and equipment and on-farm buildings used for preparation or marketing of products produced, or derived from products 270:13 06-01-2004 § 27075 ITHACA CODE § 270-5 produced, on the farm property on which the building is located subject to the limitations regarding roadside stands set forth in this chapter. FARM RETREAT — A farm which includes facilities for room and/or board for up to three people unrelated to the owner or operator of the farm, which people temporarily occupy farm premises and participate in the farming activities for the purposes of learning about farm life. FLASHING SIGN — Any illuminated sign on which the artificial light is not maintained stationary and/or constant in intensity and color at all times. GARAGE— A covered building used primarily for storage of automobiles and other similar motor vehicles. GROUP FAMILY DAY-CARE HOME— A facility, home, or other establishment defined as a group family day-care home in § 390 of the Social Services Law, licensed by the New York State Department of Social Services or by the Tompkins County Department of Social Services, at which day care is provided for hire for generally seven to 14 children and is operated in accordance with the state and county regulations governing operations of a group family day-care home. HEIGHT— As it relates to a structure other than a building, the distance measured from the lowest level or portion of the structure (slab or base) in contact with the ground surface to the highest point at the top of the structure. HEIGHT FROM LOWEST INTERIOR GRADE — As it relates to a building, the vertical distance measured from the surface of the lowest level (floor of a crawl space, basement floor, slab, or other floor, even if below exterior grade level) in contact with the ground surface to the highest point of the roof, excluding chimneys, antennae, and other similar protuberances. When the measurement of height from the lowest interior grade is made from the floor of a cellar the maximum permissible height from lowest interior grade shall be increased by four feet. This permitted increase shall not apply when the measurement is from any other floor, including a basement floor, slab or other floor. HEIGHT FROM LOWEST EXTERIOR GRADE — As it relates to a building, the vertical distance from the lowest point of the exterior finished grade adjacent to the wall of the building to the highest point of the roof, excluding chimneys, antennae and other similar protuberances. HOME OCCUPATION— A. A business customarily conducted wholly within a dwelling, or building accessory thereto, by an owner and resident of the dwelling, which is clearly incidental and secondary to the use of the property for residential purposes and which meets the following additional conditions: (1) An area of no more than 25% of the floor space of the dwelling (whether in the dwelling or in an accessory building) or 500 square feet (whichever is less) is used for such business; 270:14 06.01-2004 § 270-5 ZONING § 270-5 (2) No more than two persons (full- or part-time) outside the resident household, and no more than four persons (full- or part-time) including the resident household, are employed in conducting the business; (3) The owner and chief operating officer of the business is an owner and full-time resident of the property on which the business is conducted; (4) No goods are offered for sale excepting those created, assembled, or reconditioned completely on the property; (5) There is no exterior display or sign except as permitted by this chapter or Chapter 221, Signs, of the Code of the Town of Ithaca, no exterior storage of materials, equipment (including commercial vehicles), or other items of commerce, and no other exterior indication of the home occupation or variation from the residential character of the lot, district or surrounding neighborhood; (6) No offensive noise, vibration, smoke, dust, odor, heat, glare or electronic disturbance is produced beyond the boundary line of the property occupied by the business; (7) The business does not generate traffic in any greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the use is met off the street and in accordance with any other regulation of this chapter; (8) The business or use is not detrimental to the residential character of the lot on which the business is located nor of the surrounding neighborhood; and (9) The lot on which the business is operated is large enough to allow such business to be conducted with minimal impact on the neighbors. B. Home occupations typically include, but are not limited to, architects, attorneys, carpenters, caterers, dentists, doctors, dressmakers, electricians, engineers, hairdressers, insurance brokers, plumbers, realtors, and teachers. HOSPICE — A building other than a hospital or nursing home where more than two terminally ill persons are regularly lodged and furnished with meals and nursing care and which has been granted a certificate of approval to operate as a hospice pursuant to the Public Health Law or any successor regulating state law. HOSPITAL — An establishment for temporary occupation by the sick or injured for the purpose of medical treatment licensed by the State of New York for such purposes. HOTEL or MOTEL — A building containing rooms designed and originally planned to be rented or hired out for living or sleeping accommodations for transient occupancy. HOUSEHOLD PETS — Domesticated dogs, cats, birds, fish, amphibians, reptiles, mice, ferrets, rabbits, hamsters,gerbils, and other domesticated small animals ordinarily kept as pets which eat and sleep within a dwelling unit occupied by a family. LOT — Any area of land bounded by property lines which is not divided into parts by a public road, railroad, or public utility right-of-way. Each part of an area so divided is 270:15 06-01-2004 § 270-5 ITHACA CODE § 270-5 considered an individual lot for zoning purposes but is not exempt from applicable regulations of Chapter 234, Subdivision of Land, of the Code of the Town of Ithaca. LOT AREA — The area of a lot, excluding any portion of a public highway right-of-way that may be included within deed description of the lot. LOT DEPTH— The distance between a point on a public highway right-of-way line and the rear of the lot measured perpendicularly from the street line. A lot need meet the minimum depth requirements set forth in this chapter at only one point and not uniformly throughout the lot's entire width. LOT LINE — A property boundary of a lot, except where the property boundary is the center line or other portion of a public highway, in which event the property line is the highway right-of-way line. MARINA — A facility providing docking or mooring for boats together with ancillary uses such as sale of fuels, boats and boating parts and accessories. MINING — The extraction of overburden and minerals from the earth; the preparation and processing of minerals, including any activities or processes or parts thereof for the extraction or removal of minerals from their original location and the preparation, washing, cleaning, crushing, sorting, stockpiling or other processing of minerals at the mine location so as to make them suitable for commercial, industrial, or construction use; the removal of such materials through sale or exchange, or for commercial, industrial or municipal use; and the disposition of overburden, tailings and waste at the mine location; or any one of the above activities. Mining shall not include the excavation, removal and disposition of minerals from the site of, and incidental to, a construction project, or excavations incidental to bona fide agricultural activities provided, however, such excavations, removal or disposition are subject to obtaining fill permits if required as set forth in this chapter. For the purpose of this definition: A. MINERALS - Mean any naturally formed, usually inorganic, solid material located on or below the surface of the earth. "Minerals" include, but are not limited to, peat, topsoil, gravel, and stone. B. OVERBURDEN - Means all of the earth, vegetation and other materials which lie above or alongside a mineral deposit. C. SPOIL and TAILINGS - Have the meanings given to them by Article 23 of the New York State Environmental Conservation Law or any similar or successor statute. MIXED USE — A commercial facility with accessory residential facilities, the floor area (inclusive of all floors on all stories dedicated to the residential use) of which residential facilities is less than the floor area (inclusive of all floors on all stories dedicated to commercial use) of the commercial use, and which residential facilities are located elsewhere in the building than on the street frontage of the ground floor. MOBILE HOME — A transportable dwelling unit suitable for year-round occupancy. A mobile home is designed and built to be towed on its own chassis, comprised of frame and wheels, and connected to either public or private utilities. The unit may contain parts which may be folded, collapsed, or telescoped when being towed and expanded later to provide 270:16 06-01-2004 § 270-5 ZONING § 270-5 additional cubic capacity. A mobile home may also be designed as two or more separately towable components designed to be joined into one integral unit capable of again being separated into the components for repeated towing. This definition excludes travel or camping trailers towed by a motor vehicle and neither wider than eight feet nor longer than 32 feet. Self-propelled motor homes, or modular housing which is not built with an integral chassis and which must be transported on a separate vehicle from factory to housing site are also excluded from this definition. A mobile home shall be considered a one-family dwelling only for purposes of determining the number of occupants permitted. MOBILE HOME LOT — A parcel of land used for the placement of a single mobile home and the exclusive use of its occupants. A mobile home lot shall be located in a mobile home park as defined by this chapter. MOBILE HOME PARK — A parcel of land owned by an individual, partnership, or corporation which has been planned and improved for the placement of mobile homes. MOBILE HOME STAND — That part of an individual mobile home lot which has been reserved and improved for the placement of the mobile home, appurtenant structures and additions. MULTIPLE-FAMILY DWELLING — A building or group of buildings on one lot containing three or more dwelling units. NATURAL AREA — An area of land designated as a Critical Environmental Area, Unique Natural Area, or other similar environmental designation in. accordance with regulations promulgated by the New York State Department of Environmental Conservation or any similar successor state agency, or by any other federal, state, or local governmental unit, and any area specifically designated as a Significant Natural Area by the Town Board of the Town of Ithaca after notice to the owner or owners of the area and a public hearing on such designation. NONCONFORMING USE— A use of land existing at the time of enactment of this chapter and its amendments which does not conform to the zoning regulations of the district in which it is situated. NURSERY — A lot or structure where trees, shrubs, flowering and other plants are cultivated, grown or stored and sold. NURSING OR CONVALESCENT HOME— A building other than a hospital where sick or infumed persons are lodged, furnished with meals and nursing care for hire and licensed by the State of New York. ONE-FAMILY DWELLING— A detached building containing a single dwelling unit. PARKING SPACE— An area for the temporary parking of a motor vehicle 180 square feet in size exclusive of the parking lot circulation areas. PUBLIC PARKING GARAGE — A garage or other structure used for the parking of automobiles for the public for a fee on an itinerant basis. 270:17 06-01-2004 § 270-5 ITHACA CODE § 270-5 SEQR — Article eight of the New York State Environmental Conservation Law, or any similar successor statute, together with any state regulations (presently six NYCRR Part 617) and local regulations promulgated thereunder. SHORELINE— The mean high-water elevation of Cayuga Lake along the shore. SPECIFIED ANATOMICAL AREAS — The following areas of the human body: A. Less than completely and opaquely covered human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; and B. Human male genitals in a discernible turgid state even if completely and opaquely covered. SPECIFIED SEXUAL ACTIVITIES — The following activities: A. Human genitals in a state of sexual stimulation or arousal; or B. Acts of human masturbation, sexual intercourse or sodomy; or C. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast. STREET LINE or HIGHWAY RIGHT-OF-WAY LINE— The limit of the right-of-way of a street, road or highway. Where the word "street" appears this also means highway or road. STORAGE — The outdoor accumulation or laying-up of manufactured products or raw materials, or the keeping of one or more pieces of movable equipment other than pleasure automobiles. STRUCTURE — Anything that is constructed or erected on the ground or upon another structure or building. "Structure" also includes anything that is constructed or erected underground and projects up to the ground surface or above, or anything that is constructed or erected wholly underground other than utility lines, septic and water systems, or other similar types of underground construction wholly ancillary to a principal building or structure on the premises. "Structure" also includes constructed parking spaces. The term "structure" includes a building. There is excluded from the term "structure," however, underground graves, vaults or other underground facilities for the interment of bodies. TELECOMMUNICATIONS FACILITY— A. Any equipment, other than: (1) Equipment used by amateur radio licensees regulated by the Federal Communications Commission; or (2) Equipment that is used by a governmental unit or agency that is statutorily expressly exempt from regulation by the Town of Ithaca; or (3) Mobile equipment that is contained in a car or other motor vehicle or is completely portable and not affixed in any manner to realty [the exception for mobile equipment does not extend to any antenna(s) attached, directly or indirectly such as 270:18 06-01-2004 § 270-5 ZONING § 270-6 on a tower or other structure, to realty or to other facilities used in connection with such mobile equipment]; B. Used in connection with the provision of two-way communication services of which at least one of the directions of communications is wireless, including cellular telephone services, personal communications services, private radio communications services, fire and emergency communications, and any other private or public radio communications transmissions regulated by the Federal Communications Commission in accordance with the Telecommunications Act of 1996 and other federal laws. Such uses shall include private commercial uses as well as public uses. A telecommunications facility shall include monopole, guyed, or latticework tower(s), as well as antenna(s), switching stations, principal and accessory telecommunications equipment and supporting masts, wires, structures, and buildings. TWO-FAMILY DWELLING— A detached building containing two dwelling units. VEHICLE REPAIR GARAGE— A facility at which the principal activity is the servicing or repairing of motor vehicles for hire. Such facilities include but are not limited to mechanic's shops, speedy-type oil and lubrication facilities, and muffler and brake repair facilities. YARD— An open space on the same lot with a building, unoccupied and unobstructed from the ground upward except as otherwise permitted herein. YARD, FRONT — The yard between the street right-of-way line and the front line of the principal building, exclusive of eaves which overhang by no more than four feet, extended to the side lines of the lot. The depth of the front yard shall be measured between the front line of the building and the highway right-of-way line. Covered porches, or uncovered porches more than three feet off of the ground, shall be considered as part of the building and shall not project into a required front yard. YARD, REAR — The yard between the rear lot line and the rear line of the principal building, exclusive of overhanging eaves, extended to the side lines of the lot. YARD, SIDE — The yard between the principal building, exclusive of overhanging eaves, and a side lot line and extending through from the front yard to the rear yard. ARTICLE IV Establishment of Zones §270-6. Enumeration of zones. A. For the purpose of this chapter the Town of Ithaca is hereby divided into the following types of zones (also sometimes hereinafter referred to as "districts"): Conservation Zones Agricultural Zones Lakefront Residential Zones Low Density Residential Zones 270:19 06-01-2M § 270-6 ITHACA CODE § 270-6 Medium Density Residential Zones High Density Residential Zones Mobile Home Park Zones Multiple Residence Zones Neighborhood Commercial Zones Office Park Commercial Zones Community Commercial Zones Vehicle Fueling and Repair Commercial Zones Lakefront Commercial Zones Light Industrial Zones Industrial Zones Planned Development Zones Areas of Special Flood Hazard Special Land Use Districts (Limited Mixed Use) - In accordance with and pursuant to Local Law No. 2-1984 Special Land Use District No. 1 - In accordance with and pursuant to Local Law No. 3-1984 [Wiggins] Special Land Use District No. 2 - In accordance with and pursuant to Local Law No. 4-1984 [Sapsucker Woods] Special Land Use District No. 3 (Limited Mixed Use) - In accordance with and pursuant to Local Law No. 4-1986 [Biggs Complex] Special Land Use District No. 4 (Limited Mixed Use) - In accordance with and pursuant to Local Law No. 1-1987 as amended by Local Law No. 2-2002 [Statler West] Special Land Use District No. 5 (Limited Mixed Use) - In accordance with and pursuant to Local Law No. 2-1988 [Chamber of Commerce] Special Land Use District No. 7 (Limited Mixed Use) - In accordance with and pursuant to Local Law No. 1-1994 [Ithacare] Special Land Use District No. 8 (Limited Mixed Use) - In accordance with and pursuant to Local Law No. 1-1995 as amended by Local Law No. 4-2001 [Ecovillage] Special Land Use District No. 9 (Limited Mixed Use) - In accordance with and pursuant to Local Law No. 14-1995 [Cornell Precinct 7] Special Land Use District No. 10 (Limited Mixed Use) - In accordance with and pursuant to Local Law No. 6-1998 [Sterling House/Sterling Cottage] Special Land Use District No. 11 (Limited Mixed Use) - In accordance with and pursuant to Local Law No. 7-1998 [Cornell Chilled Water Plant] B. Said districts are set forth on the map accompanying this chapter, Town of Ithaca Zoning Map (the "Zoning Map"), dated August 25, 2003, and signed by the Town Clerk. Said 270:20 06-01-moa § 270-6 ZONING § 270-8 map and all explanatory matter thereon and amendments thereto are hereby made a part of this chapter.' §270-7. Continuation of special land use districts.Z The provisions of any prior zoning ordinance or local law creating, implementing, amending, or in any other manner dealing with any special land use district as in effect on the effective date of the adoption of this provision shall continue in full force and effect unless expressly modified by the terms of this chapter or any other local law or ordinance adopted subsequent to the adoption of this provision. Henceforth, such special land use districts shall be considered planned development zones for the purposes of this chapter. Without limiting the foregoing, the adoption of this revised chapter shall not alter the permitted uses nor the conditions or limitations relating to properties within an existing special land use district. §270-8. Zone boundaries. Where uncertainty exists with respect to the exact boundaries of the various districts as shown on the Zoning Map, the following rules shall apply: A. Where zone boundaries are indicated as approximately following the center lines of streets or highways, street lines, or highway right-of-way lines, such center lines, street lines, or highway right-of-way lines shall be construed to be said boundaries. B. Where zone boundaries are so indicated that they approximately follow the lot lines as shown on plots of record at the time this chapter becomes effective, or lot lines on plots of record at the time of any amendment rezoning an area, then such lot lines shall be construed to be said boundaries. C. Where zone boundaries are so indicated that they are approximately parallel to the center lines of street lines or streets, or the center lines or right-of-way lines of highways, such zone boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Zoning Map. If no such distance is given, such dimension shall be determined by the use of the scale shown on said Zoning Map. D. Where the boundary of a zone follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line. E. Where the boundary of a zone follows a stream, lake or other body of water, unless otherwise indicated said boundary line shall be deemed to be at the center line of said stream, lake, or other body of water, unless said center line is outside the jurisdiction of the Town of Ithaca, in which event said boundary line shall be deemed to be at the limit of the jurisdiction of the Town of Ithaca. 1. Editor's Note:A copy of the Zoning Map may be included in the pocket at the end of this volume.The current and official Zoning Map is on file in the Town offices. 2. Editor's Note:See also Ch.271,Zoning:Special Land Use Districts. 270:21 06-01-2004 § 270-8 ITHACA CODE § 270-10 F. Distances shown on the Zoning Map are perpendicular or radial distances from street lines measured back to the zone boundary line, which lines, in all cases where distances are given, are parallel to the street line. G. In all other cases the boundary line shall be determined by use of the scale on the Zoning Map. H. Any lands existing in the Town of Ithaca which are unzoned at the time of the adoption of this amendment, and any lands hereafter added to the Town of Ithaca by annexation or otherwise, are hereby zoned Low Density Residential Zone. Any such after-acquired lands shall be automatically zoned Low Density Residential Zone upon such acquisition, except that such lands may be thereafter rezoned to any other zone as determined by the Town Board. § 270-9. Prohibition of uses. All uses not specifically set forth as permitted uses in a zone are expressly prohibited as uses in that zone. A use specifically permitted in one zone is not permitted in any other zone, less restrictive or otherwise, unless specifically enumerated as a permitted use in such other zone. ARTICLE V Conservation Zones §270-10. Purpose. A. It is the purpose of the Conservation Zone to preserve the outstanding natural features in certain areas of the Town, as described in the Town of Ithaca Comprehensive Plan (September 21, 1993), and to provide a regulatory framework through which development can occur with minimal environmental impact in these areas. Among the natural values and ecological importance of these areas are their diversity as a plant and wildlife habitat, their existence as biological corridors, their scenic views and rural character, and their importance as an educational and recreational resource. In addition, certain lands in the Conservation Zones contain large areas of steep slopes, wetlands, highly erodible soils and, in one instance, the City of Ithaca water supply, which must be taken into consideration in planning for future development. B. It is a further purpose of the Conservation Zone to preserve existing areas of contiguous open space, prevent unnecessary destruction of woodland areas, preserve existing and potential agricultural land and promote appropriate development densities and flexibility of design and development of land. Developers should be encouraged to use mechanisms to accomplish these objectives. Such mechanisms could include enlarged buffer areas, conservation easements, deed restrictions, and public or semipublic land dedications. C. Certain of the areas included in Conservation Zones, in recognition of their natural and ecological significance, have been designated by the Tompkins County Environmental Management Council as Unique Natural Areas. It is a further purpose of this Conservation Zone to preserve the natural resources and scenic beauty of the areas to promote tourism as an important economic benefit to the Town of Ithaca. 270:22 06-01-2004 § 270-11 ZONING § 270-12 §270-11. Permitted principal uses. In a Conservation Zone, no building shall be erected or extended and no land or building or part thereof shall be used for other than any of the following purposes: A. A one-family dwelling, except a mobile home, to be occupied by no more than: (1) One family, or (2) One family plus no more than one boarder, roomer, lodger or other occupant. B. A two-family dwelling provided that: (1) Each dwelling unit is occupied by no more than one family; and (2) The floor area of the second dwelling unit is not more than 50% of the floor area excluding the basement of the primary dwelling unit except where the second dwelling unit is constructed entirely within the basement area, it may exceed 50%. C. Garden, nursery or farm. D. Roadside stand or other structure, not exceeding 500 square feet of enclosed space, for the display and sale of farm or nursery products related to farming and as a seasonal convenience to the owner or owners of the land. Any such stand shall be located a minimum of 30 feet from the street line, in such a manner as to permit safe access and egress for automobiles, and parking off the highway right-of-way. E. Forest management and other forest resource uses, including the harvesting of timber in conformance with environmentally sound forestry practices, provided that logging of more than one acre of contiguous land shall require the submission of a forest management plan to and approval by the Planning Board. Such a plan shall include, but not be limited to, a description of the area to be logged, what percentage of trees will be cut, the method of cutting and removing trees, and how the land will be restored (e.g., through reforestation, agriculture or otherwise). F. Public water supply. §270-12. Principal uses authorized by special permit only. The following uses are permitted in a Conservation Zone, but only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter: A. Church or other places of worship. B. Public, parochial and private schools, public library, public museum, day-care center, nursery school, and any institution of higher learning including dormitory accommodations. C. Publicly owned park or playground, including accessory buildings and improvements. 270:23 06-01-2004 § 270-12 ITHACA CODE § 270-14 D. Fire station or other public building necessary to the protection of or the servicing of a neighborhood. E. Roadside stand or other structure, exceeding 500 square feet but not more than 2,500 square feet of enclosed space, for the display and sale of farm or nursery products related to farming and as a seasonal convenience to the owner or owners of the land. The majority of the products sold at such stand shall be, or be derived from, products produced on the farm on which the roadside stand is located. Any such stand shall be located a minimum of 30 feet from the street line, in such a manner as to permit safe access and egress for automobiles, and parking off the highway right-of-way. F. Bed-and-breakfast. §270-13. Additional requirements for special permit. The application for a special permit for any of the uses set forth in the immediately preceding section shall be made to the Planning Board. Any required site plan shall conform to the requirements of, and be subject to the procedures contained in Article XXM. No building permit shall be issued unless the proposed structure is in accordance with the final site plan approved by the Planning Board. In determining whether to grant a special permit, the Planning Board shall consider the matters set forth elsewhere in this chapter and in addition shall grant a special permit for any of the above uses only if it can be demonstrated that: A. The proposal is consistent with the goals and objectives of the Conservation Zone, as enumerated in the purpose section relating to this zone; B. The proposal provides adequate measures to control stormwater runoff and minimize erosion and sedimentation; C. The project includes adequate measures to protect surface and groundwaters from direct or indirect pollution; and D. Off-street parking facilities are adequately buffered to minimize visual and noise impacts on surrounding areas, and are designed to minimize the increase in impervious surfaces on the site. §270-14. Permitted accessory buildings or uses. The following accessory buildings or uses are permitted as of right in a Conservation Zone: A. Accessory buildings customarily incidental to the above permitted uses. B. Home occupations to the extent permitted and subject to the same requirements set forth in the provisions related to home occupations in the sections governing Low Density Residential Zones. C. Wildlife rehabilitation operation as defined and regulated under six NYCRR Part 184, provided that no noise, dust, disorder, or objectionable odor is experienced (as a result of that use) beyond the boundary lines of the property where such use is conducted, and that no more than three additional persons not residing on the premises may be employed. 270:24 06-01-2004 § 270-14 ZONING § 270-16 D. Day-care homes, family day-care homes, and group family day-care homes. E. Adult day-care facilities serving no more than four clients at any one time. R The keeping of household pets in a dwelling unit or other location adjacent to or accessory to a dwelling unit (e.g., outside doghouse, etc.) provided that no more than three household pets shall be kept outside of dwelling units unless a greater number is authorized by special approval of the Zoning Board of Appeals. §270-15. Accessory buildings and uses authorized by special approval only. The following accessory buildings or uses are permitted in a Conservation Zone, but only upon receipt of a special approval for same from the Board of Appeals in accordance with the procedures set forth in this chapter: A. Elder cottages. B. A second dwelling unit in a building other than the principal building, provided that: (1) All of the general criteria set forth elsewhere in this chapter for the issuance of a special approval have been satisfied; (2) The location of the second dwelling, and the building in which it is located, does not adversely impact in any significant manner the adjoining neighbors; (3) The building containing such second dwelling is located at least 50 feet from any side boundary of the lot, and is not constructed in any required front yard; (4) There is adequate off-street parking for the proposed number of occupants, including occupants of both the principal building and the dwelling unit for which special approval is sought; (5) The floor area of the second dwelling (inclusive of floor area on all floors dedicated to such dwelling) does not exceed 50% of the floor area of the primary dwelling on the lot; (6) The second dwelling is located in a building that is accessory to the principal dwelling; (7) The building containing the primary dwelling does not contain more than one dwelling; and (8) There are no elder cottages or other buildings on the lot containing dwellings other than the building containing the primary dwelling and the building for which special approval is sought. 270-16. Height limitations. Except as may be specifically otherwise authorized in this chapter, in Conservation Zones no nonagricultural building shall exceed 38 feet in height from lowest interior grade nor 36 feet in height from lowest exterior grade, and no nonagricultural structure other than a building 270:25 06-01-2M § 270-16 ITHACA CODE § 270-19 shall exceed 30 feet in height. Nonagricultural accessory buildings shall in no case exceed 15 feet in height. §270-17. Yard regulations. Except as may be specifically otherwise authorized in this chapter, in Conservation Zones yards of at least the following dimensions are required: A. Front yard: Not less than the average depth of the front yards of building immediately adjacent. However, except for roadside stands authorized by § 270-11, the front yard shall not be less than 50 feet nor need it be greater than 75 feet in depth. B. Rear yard: Not less than 200 feet in depth. C. Side yards: Each not less than 50 feet. D. Greater yards: Notwithstanding the foregoing, any special yard requirements for specific uses or buildings set forth elsewhere in this chapter shall, if more restrictive, supersede the above yard provisions. E. Buffer areas: The foregoing requirements may include any required buffer areas and shall not be in addition to any required buffer areas. F. Accessory buildings: In Conservation Zones accessory buildings other than garages may not occupy any open space other than a rear yard. The total lot area covered by nonagricultural accessory buildings may not occupy more than 1,000 square feet of any required rear yard and shall be not less than 50 feet from any side or rear lot line. §270-18. Lot coverage. The maximum building area shall not exceed 10% of the lot area Projections described in § 270-224 are not to be included in computing the percentage. For the purposes of this zone, roads, driveways, parking areas, and other paved areas shall be considered buildings in computing the percentage of lot coverage. §270-19. Size and area of lot. Lots in Conservation Zones shall meet the following minimum requirements: A. Minimum lot area shall be at least seven acres; and B. Minimum lot width at the street line shall be 300 feet; and C. Minimum width at the maximum required front yard setback line (75 feet from the street line) shall be 300 feet; and D. Minimum depth from the street line shall be 450 feet. 270:26 06-01-2004 § 270-20 ZONING § 270-22 §270-20. Clustering. The Planning Board is hereby authorized to require clustering of residential units as outlined in Chapter 234, Subdivision of Land, of the Code of the Town of Ithaca, where clustering will further the purposes of the Conservation Zone, subject to the requirement with respect to the Conservation Zone along Six Mile Creek, that where feasible, on the southwestern side of Six Mile Creek (i.e., on the Coddington Road side of the Conservation Zone), dwelling units shall be clustered between the former railroad grade and Coddington Road, in order to preserve the natural characteristics and scenic views of the lands adjacent to Six Mile Creek and the city watershed properties. In such cases, the same number of dwelling units that could have been built on that portion of the parcel between the former railroad grade and Six Mile Creek under the above density requirements when feasible shall be transferred to the portion of the parcel between the former railroad grade and Coddington Road. This provision shall not apply to parcels which are situated entirely between the former railroad grade and Six Mile Creek. §270-21. Parking. Parking requirements shall be as set forth in § 270-227. §270-22. Additional requirements and restrictions. A. The following activities are specifically prohibited in Conservation Zones: (1) The importation for dumping or disposal of snow or ice collected from roadways or parking lots into or within 200 feet linear distance of any wetland or watercourse carrying water six months out of the year. (2) The location of buildings or structures on slopes of 25% or greater, with a minimum horizontal slope length of 25 feet. B. No buildings, structures, paved areas, or storage of construction equipment or machinery shall be located within 50 feet of the center line of any watercourse carrying water six months out of the year, or within 200 feet of the one-hundred-year-flood boundary of any body of water or watercourse identified as "Zone A" on any Flood Insurance Rate Map for the Town of Ithaca, New York, prepared by the Federal Emergency Management Agency, (or any other generally recognized map of one-hundred-year-flood zones) within any Conservation Zones. (1) In the case of residential subdivisions, whether conventional or cluster, the no disturbance zone as defined above shall be increased by up to 50% if the Planning Board determines that such an increase is necessary to protect water quality or to minimize the impacts of erosion and sedimentation. (2) Unless otherwise authorized by the Planning Board, no disturbance as listed above shall be located within 100 feet linear distance of any wetland. During the subdivision or site plan approval process, where there is evidence of a wetland, the Planning Board may require a wetland delineation study to determine the potential impacts of development or disturbance on said wetland. For the purposes of this section, wetlands shall mean all wetlands, as defined in either state or federal 270:27 06-01-2004 § 270-22 ITHACA CODE § 270-22 legislation (whichever is more restrictive) governing regulation of wetlands, of an area of more than 1/10 of an acre. C. With respect to the Conservation Zone along Six Mile Creek, no buildings, structures, or storage of construction equipment or machinery shall be located within 100 feet of the center line of the South Hill Recreation Way. D. The storage and land application of manure for agricultural purposes shall follow reasonable agricultural practices. Minimum conditions for storage of solid manure are a pad of concrete and a leachate collecting system or other system reasonably equivalent in its protection of the surrounding environment. The manure storage system should be designed to prevent animal waste from entering any stream or water body. E. The following apply to vegetation and landscaping: (1) Existing native vegetation shall be maintained to the extent practicable. (2) When landscaping is required by the Planning Board to enhance buffer areas, to replace existing vegetation, or otherwise, native plant materials should be used to the extent practicable. F. Scenic views, in particular those with viewing points from adjacent roads (and, in the case of the Conservation Zone along Six Mile Creek, from Six Mile Creek and the gorge) should be preserved using practices such as the following: (1) Avoid the siting of buildings or structures on ridgelines or hilltops. Buildings should be sited below the crest or ridgeline of hills to preserve a natural topographic and vegetative profile. (2) Retain existing vegetation to the extent practicable. (3) Retain existing stone walls, fences and other features in open meadows. (4) Regrading should blend in with the natural contours and undulations of the land. (5) Buildings proposed to be located within significant viewing areas should be screened and landscaped to minimize their intrusion on the character of the area. Building materials and color schemes should harmonize with their setting and be compatible with neighboring land uses. (6) Where possible, buildings and structures should be located on the edges of open fields and in wooded areas to minimize visual impacts. (7) Visibility of proposed buildings or structures from public trails within Conservation Zones should be considered so as to minimize visual intrusion on views from the public trails. G. Wildlife habitats and biological corridors should be preserved. Open space linkages should be encouraged to accomplish the above. Open space and conservation easement areas shall be designed with massing and linking as guiding principles. Open space and conservation areas both on and off site should be as contiguous as reasonably possible. 270:28 06-01-2004 § 270-22 ZONING § 270-24 H. Roads and driveways should follow existing contours to the extent practicable to minimize the impact of cuts and fills. The number of driveways accessing public streets shall be kept to a minimum. The appropriate use of common driveways is encouraged. I. The following shall apply to drainage: (1) The Planning Board may require the preparation and submittal of a stormwater management plan, to be approved by the Town Engineer, for proposed special approval uses and for proposed subdivisions. (2) Existing natural drainageways should be retained where possible. (3) In cases where a retention basin will be required, a landscaping plan shall be prepared and submitted for the Planning Board's approval. Basin landscaping materials that enhance wildlife habitat shall be used to the extent practicable. J. The following shall apply to lighting: (1) Street lighting shall be provided only where site-specific safety conditions warrant. (2) Where street lighting is required, its location, type, and intensity shall be subject to the Planning Board's review and recommendation to the Town Board for approval. K. Whenever a subdivision of land is proposed in a Conservation Zone, the Planning Board may require that the nonbuildable areas listed above, including wetlands, slopes 25% or greater, and streamstwatercourses and setbacks, be shown on the preliminary and final subdivision plats. §270-23. Park and recreation setasides and fees in lieu thereof. Because of the reduced density in the Conservation Zones, the requirements for maintaining open space, existing public trails, and the existing and expected additional opportunities for passive recreational activities in the areas included in the Conservation Zones, it is anticipated that in Conservation Zones normally there will be no need for mandated parkland reservations or fees in lieu thereof pursuant to applicable Town Law and Town of Ithaca Code Chapter 234, Subdivision of Land, and this Chapter 270, Zoning, including § 234-22 of Chapter 234, Subdivision of Land, and any successor or related provisions. §270-24. Site plan approval. No building permit shall be issued for a building or structure within a Conservation Zone requiring a special permit unless the proposed building or structure is in accordance with a site plan approved pursuant to the provisions of Article XXHI. 270:29 06-01-2004 § 270-25 ITHACA CODE § 270-26 ARTICLE VI Agricultural Zones §270-25. Purpose. The purpose of the Agricultural Zone is to assure a proper economic and physical environment for continued agricultural use of land and other nonextractive natural resource land uses; to maintain an open rural character to viable agricultural areas; to assure compatible types and densities of development on lands that are usable for agricultural pursuits; and to minimize other land uses incompatible with farming. Persons and entities not engaged in agricultural pursuits in the Agricultural Zone should be aware that the primary intention of the zone is to permit usual acceptable farming and farming practices which may generate dust, odor, smoke, noise, and vibration; during growing seasons machinery may be operated at other than daylight hours; certain generally acceptable farming operations may involve the use and spraying of herbicides or pesticides; and acceptable practices in keeping animals may involve odors or noises. Accordingly, any person or entity residing or working in an Agricultural Zone should anticipate these types of concerns and recognize that such are the by-product of zoning an area in the Town where agricultural endeavors are encouraged to thrive. To the extent buffer areas may be required, the intention of such buffers is to reduce the potential for conflicts between farming and nonfarming uses. Agricultural Zones are also areas of the Town where it is unlikely public water or sewer will be made available, so as to reduce the economic pressures for development that often flow from the introduction of such facilities. Accordingly, persons acquiring property in Agricultural Zones should not expect such public facilities to be provided. §270-26. Permitted principal uses. Only the following buildings or uses are permitted of right in an Agricultural Zone: A. Any lawful farm purpose, including usual farm buildings and structures, but excluding rendering plants. B. Plant nursery. C. Equestrian facility. D. Kennel, coop, or other facility for the housing or caring for animals, birds, or fish, whether for hire or otherwise, including an animal shelter, wildlife refuge and fish farms. E. A roadside stand or other structure, not exceeding 500 square feet of enclosed space, for the display and sale of farm or nursery products related to farming and as a seasonal convenience to the owner or owners of the land. The majority of the products sold at such stand shall be, or be derived from, products produced on the farm on which the roadside stand is located. Any such stand shall be located a minimum of 30 feet from the street line, in such a manner as to permit safe access and egress for automobiles, and parking off the highway right-of-way. F. A one-family dwelling to be occupied by no more than: 270:30 06-01-2004 § 270-26 ZONING § 270-27 (1) One family, or (2) One family plus no more than one boarder, roomer, lodger, or other occupant. G. A two-family dwelling provided that: (1) Each dwelling unit is occupied by no more than one family; and (2) The floor area of the second dwelling unit is not more than 50% of the floor area excluding the basement of the primary dwelling unit except where the second dwelling unit is constructed entirely within the basement area, it may exceed 50%. H. Publicly owned park or playground including accessory buildings and improvements. I. Any municipal or public utility purpose necessary to the maintenance of utility services except that substations and similar structures shall be subject to the same setback requirements as apply to residences in the district in which the substations or similar structures are constructed. J. Day-care homes, family day-care homes and group family day-care homes. K. Community residence. L. Forest management and other forest resource uses, including the harvesting of timber in conformance with environmentally sound forestry practices. §270-27. Principal uses authorized by special permit only. The following uses are permitted in an Agricultural Zone, but only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter: A. Retail sales related to agricultural operations. (1) Except as permitted as of right in the preceding section retail sales of machinery, products, supplies, or produce primarily related to, or derived from, agricultural operations subject to the following limitations: (a) Any building devoted to such activity may be no larger than 4,000 square feet; (b) No more than six persons may be engaged in or employed by the activity; (c) No more than three acres, inclusive of building, parking, driveways, well, septic system and other ancillary facilities, be dedicated to the use; (d) No outside storage other than temporary day-time only display of products, unless otherwise authorized by the Planning Board. (2) In determining whether to grant such authorization, the Planning Board shall consider, in addition to other criteria set forth in this chapter, that: 270:31 06-01-2004 § 270-27 ITHACA CODE § 270-27 (a) The nature of the business generally requires outside storage; (b) There is adequate space on the lot for the proposed storage; (c) The premises are screened or otherwise buffered so that the outside storage does not adversely impact the neighboring properties and property owners; and (d) The proposed outside storage will not adversely affect the character of the surrounding neighborhood. B. Veterinary offices or hospitals. C. Church or other places of worship, convent and parish house. D. Cemetery and the buildings and structures incident thereto. E. Public, parochial and private schools, public library, public museum, nursery school, and any institution of higher learning relating to agricultural pursuits. F. Fire station or other public building necessary to the protection of or the servicing of a neighborhood. G. Golf course or driving range with related facilities such as clubhouse, restaurant, and pro shop. H. Cross-country ski center with related facilities such as lodge, ski shop and restaurant. I. Commercial composting facility where composting occurs for sale, utilizing more than 400 square feet of land in which event the following additional requirements shall apply: (1) The lot on which the facility is located shall be at least two acres in size; (2) The composting facility shall be located at least 100 feet from any roadway and any lot line, except for lot lines adjacent to Residential Zones, in which event the setback from the Residential Zone line shall be increased to 250 feet and shall have a buffer of vegetation or fencing to screen the facility from the Residential Zone; (3) The facility shall be operated in a clean and orderly manner so that it does not create a nuisance to any neighboring property. J. Hunting preserves, lodges, or clubhouses. K. Bed-and-breakfast. L. Radio, television, telecommunication, microwave, satellite or other electronic transmission facility operated pursuant to a license from the Federal Communications Commission or any successor federal or state agency. M. Research facilities dedicated to research in agriculture or animal husbandry. N. Farm retreat. 270:32 06-01-2004 § 270-27 ZONING § 270-29 O. Adult day-care facilities serving no more than four clients at any one time. §270-28. Principal uses authorized by special approval only. The following uses are permitted in an Agricultural Zone, but only upon receipt of a special approval for same from the Board of Appeals in accordance with the procedures set forth in this chapter: A. Mining, subject to the following requirements in addition to the normal requirements for a special approval: (1) No special approval shall be granted until: (a) The Planning Board approves a site plan for the proposed mining operations; and (b) The appropriate New York State authorities (DEC or other regulatory body) has approved a reclamation plan and the plan and any required security for the performance of the plan has been provided to the State of New York. (2) There shall be a buffer area of at least 100 feet around the perimeter of the mined area between the mined area and any surrounding property, such buffer to consist of natural vegetation, plantings, berms, fences, or other screening as deemed reasonable by the Board of Appeals to minimize the auditory and visual impacts of the mining operations on surrounding properties. (3) A fill permit shall be obtained in accordance with the fill permit requirements of this chapter before commencement of any mining operations. (4) Hours of operation shall be limited to business days (days other than weekends and holidays) from 8:00 a.m. to 5:00 p.m. local time unless the applicant, for good cause shown, demonstrates to the Zoning Board of Appeals that special circumstances exist which compel that the times be extended. (5) Notwithstanding the foregoing, if the material to be mined is soil, gravel, or other similar types of fill, up to 50 cubic yards of such product may be mined in any one calendar year without special approval. If more than 50 cubic yards but not more than 250 cubic yards in any one year are being mined, the special approval may be issued by the Director of Engineering of the Town. In all other cases, the special approval shall be obtained as set forth above. §270-29. Permitted accessory buildings and uses. The following accessory buildings or uses are permitted as of right in an Agricultural Zone: A. Any farm-related structure not otherwise expressly referred to or limited by any provision in this chapter. 270:33 06-01-2004 § 270-29 ITHACA CODE § 270-30 B. If the principal use is as a farm, one or more one- or two-family dwellings, subject to the occupancy limitations set forth above for one- and two-family dwellings and subject to the overall density limitations set forth below in § 270-35. C. If the principal use is as one- or two-family dwelling or as a farm with dwellings; a private swimming pool, tennis court, or other similar recreational facility for the principal private use of the occupants of the dwelling. D. If the principal use is as a one- or two-family dwelling, up to three accessory buildings, all such accessory buildings in the aggregate not to exceed a total of 1,500 square feet in size. E. Off-street garage or parking space for the occupants, users and employees in connection with uses permitted in this article, but subject to provisions of§ 270-227. F. A temporary building for commerce or industry, where such building is necessary or incidental to the development of a residential area. Such buildings may not be continued for more than one year except upon receipt of a special approval from the Board of Appeals. G. Signs, as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca. H. The keeping of household pets in a dwelling unit or other location adjacent to or accessory to a dwelling unit (e.g., outside doghouse, etc.) provided that no more than three household pets shall be kept outside of dwelling units unless a greater number is authorized by special approval of the Zoning Board of Appeals. §270-30. Accessory buildings and uses authorized by special approval only. The following accessory buildings or uses are permitted in an Agricultural Zone, but only upon receipt of a special approval for same from the Board of Appeals in accordance with the procedures set forth in this chapter: A. Elder cottages. B. If the property is not used for agricultural purposes, a second dwelling unit in a building other than the principal building on the lot, provided that: (1) All of the general criteria set forth elsewhere in this chapter for the issuance of a special approval have been satisfied; (2) The location of the second dwelling, and the building in which it is located, does not adversely impact in any significant manner the adjoining neighbors; (3) The building containing such second dwelling is located at least 40 feet from any side boundary of the lot, and is not constructed in any required front yard; (4) There is adequate off-street parking for the proposed number of occupants, including occupants of both the principal building and the dwelling unit for which special approval is sought; 270:34 06-01-2004 § 270-30 ZONING § 270-31 (5) The floor area of the second dwelling (inclusive of floor area on all floors dedicated to such dwelling) does not exceed 50% of the floor area of the primary dwelling on the lot; (6) The second dwelling is located in a building that is accessory to the principal dwelling; (7) The building containing the primary dwelling does not contain more than one dwelling; and (8) There are no buildings on the lot containing dwellings other than the building containing the primary dwelling and the building for which special approval is sought. C. Home occupation, other than farming or a farm related enterprise for which no special approval shall be required. §270-31. Height limitations. A. Except as may be specifically otherwise authorized in this chapter, in Agricultural Zones no nonagricultural building shall exceed 38 feet in height from lowest interior grade nor 36 feet in height from lowest exterior grade, and no nonagricultural structure other than a building shall exceed 36 feet in height. Agricultural structures, such as silos or windmills, whether on a farm parcel or not, shall be set back a distance at least equal to their height from all property lines. B. Notwithstanding the foregoing, the Planning Board may, by special permit, allow a tower, other than a telecommunications tower or facility, operated pursuant to a license issued by the Federal Communications Commission for the transmission or reception of radio, television, microwave, satellite, or other electrical transmissions to be up to 80 feet in height from lowest exterior grade upon making the findings set forth below for special permits generally and in addition finding that: (1) The proposed tower is designed in accordance with generally accepted engineering standards so that its construction and operation will not pose a hazard to persons or property on the ground or in the vicinity of the tower; (2) The topography and location of the proposed site are reasonably adapted for the proposed use; (3) The size of the site is adequate in that the tower is located on an unoccupied parcel having an area of sufficient size that no part of the tower could fall on neighboring property should the structure collapse; and (4) The plans for the site (and the vegetation, screens, fencing or other devices when completed) provide adequate buffering of the site and towers from adjoining land. 270:35 06-01 -2004 § 270-32 ITHACA CODE § 270-34 § 270-32. Yard regulations. A. Except as may be specifically otherwise authorized in this chapter, in Agricultural Zones yards of at least the following dimensions are required: (1) Front yard: Not less than the average depth of the front yards of buildings on lots immediately adjacent. However, the front yard depth shall not be less than 30 nor need it be greater than 60 feet. A roadside stand authorized in § 270-26 may be located in a front yard. (2) Rear yard: Not less than 50 feet in depth. (3) Side yards: None required with respect to buildings all on the same lot, but not less than 40 feet from any structure to a side property line except that in one of the side yards a one-story garage, either attached to the principal building or separate therefrom, may be 15 feet from a side line which is not a street line. (4) Greater yards: Notwithstanding the foregoing, any special yard requirements for speck uses or buildings set forth elsewhere in this chapter shall, if more restrictive, supersede the above yard requirements. B. The foregoing requirements may include any required buffer areas and shall not be in addition to any required buffer areas. For purposes of calculating yards, and notwithstanding the yard definitions, yards shall be measured in Agricultural Zones to any building(other than a roadside stand), instead of to the principal building. §270-33. Building area. The maximum building area shall not exceed 10% of the lot area. Projections described in § 270-224 are not to be included in computing the percentage. §270-34. Size and area of lot. Subject to the density provisions regarding subdivision of parcels of land set forth below, lots in Agricultural Zones shall meet the following minimum requirements: A. Minimum lot area shall be at least two acres, subject to the following conditions and exceptions: (1) A nonfarm lot subdivided for residential purposes from a parent tract as set forth below in § 270-35 shall have a minimum area of one acre and a maximum of two acres unless: (a) A larger area is required by the Tompkins County Health Department to provide on-site water and septic systems, in which event the permitted maximum area shall be increased to the minimum area required by the Health Department for such installations; or (b) The applicant for approval of a subdivision requests larger lots and fewer dwellings than would be normally permitted pursuant to § 270-35 below and 270:36 06-01-2M § 270-34 ZONING § 270-35 the Planning Board determines in considering subdivision approval that the amount of land dedicated to such larger lots does not exceed the amount of land that would have been dedicated to residential purposes had the number of dwellings and sizes of lots been in full compliance with § 270-35. B. Minimum width at the street line shall be 60 feet. C. Minimum width at the maximum required front yard setback line (60 feet from the street line) shall be 100 feet. D. Minimum depth from the street line shall be 200 feet. §270-35. Density limitations and limitations on subdivision of parent tracts. In order to protect agricultural uses, to preserve the agricultural value of land, to provide for the retention of tracts of sufficient size to be used reasonably for agricultural purposes, and to preserve the open space qualities of the Town, creation of nonfarm lots and the subdivision of farm parcels from parent tracts shall be limited in the Agricultural Zone. Accordingly, and notwithstanding the minimum lot sizes set forth above, the following additional requirements shall apply to land within an Agricultural Zone: A. Any tract or parcel of land in common contiguous ownership at the time of the adoption of this provision of the Zoning Ordinance, subject to other normally applicable subdivision laws and regulations, hereafter may be subdivided into no more lots than equals the total number of acres of the tract divided by seven and rounded down to the nearest whole number. (For example, a tract of 20 acres may be subdivided into no more than two lots - 20 divided by seven equals 2 6/7 rounded to two.) Some of the lots, subject to other applicable requirements, may be as small as one acre but the total number may not exceed the above limitation. B. Clustering of the lots may be required by the Planning Board as a condition to granting any subdivision approval. In determining the design of the subdivision the following criteria should be applied: (1) Clustered lots should avoid prime agricultural soils, defined as Class I and Class II by the USDA Natural Resources Conservation Service or similar or successor agency; (2) Clustered lots should not interfere with natural drainage patterns; and (3) To the extent reasonably possible, subdivisions shall be approved in a manner that maintains the largest amount of contiguous acreage for open space or agricultural use. (For example, if reasonably possible, a seventeen-acre parcel would be divided into one one-acre lot and one sixteen-acre lot, and a twenty-four-acre lot would be divided into two one-acre lots and one twenty-two-acre lot.) C. The Planning Board, as a condition of granting subdivision approval, shall require, unless good cause is shown for omission of same, the developer to encumber the larger tracts (the noncluster lots) by deed restrictions, conservation or agricultural easements, or other mechanism satisfactory to the Planning Board, to ensure that such parcels shall remain 270:37 06-01-2M § 270-35 ITHACA CODE § 270-39 permanently as open space or agricultural land. For this purpose, land shall still be considered open space or agricultural land if used for the purposes set forth in § 270-26, Subsections A, B, C, D, E, H (provided the same are passive recreational areas), I and L. D. Notwithstanding the density limitations set forth above, any parcel of 50 acres or larger remaining after subdividing off the clustered lots and which has been encumbered in the manner set forth in the immediately preceding subsection, may be further subdivided into separate ownership provided that all parcels so further subdivided are at least 25 acres in size, and all such parcels continue to be subject to the open space and/or agricultural easements. §270-36. Parking. Parking requirements shall be as set forth in Article XXVII. §270-37. Additional special requirements. Additional special requirements include the following: A. Screening. In addition to the landscaping, screening, fencing and buffer requirements set forth elsewhere in this chapter, additional landscaping, fencing, screening, or earth berm may be required to be provided by the Planning Board in the site plan review process in any area where the proposed structure or use would, in the reasonable opinion of the Planning Board, create a hazardous condition or would detract from the value of neighboring property if such landscaping, fencing, screening, or berm were not provided. §270-38. Site plan approval. No building permit shall be issued for a building or structure within an Agricultural Zone requiring a special permit unless the proposed building or structure is in accordance with a site plan approved pursuant to the provisions of Article XXIII. §270-39. Right to farm. Notwithstanding any other provisions of law, it being the intention of this section to supersede to the extent legally possible any prior statutory or court developed rule of law regarding nuisances or similar types of actions, on any land in an Agricultural Zone an agricultural practice shall not constitute a private nuisance when an action is brought by a person, provided such agricultural practice constitutes a sound agricultural practice pursuant to an opinion issued upon request by the New York State Commissioner of Agriculture and Markets. Nothing in this section shall be construed to prohibit an aggrieved party from recovering damages for personal injury or wrongful death. 270:38 06-01-2004 § 270-40 ZONING § 270-42 ARTICLE VII Lakefront Residential Zones §27040. Purpose. The purposes of the Lakefront Residential Zone are to minimize excessive and undesirable development in fragile lakefront areas, to protect the natural beauty and ambiance of the lakeshore in the Town of Ithaca for all of the citizens of the community to enjoy, and to enhance the experience provided to those living near, and those who use, the resource provided by Cayuga Lake. §27041. Permitted principal uses. Only the following buildings or uses are permitted as a matter of right in a Lakefront Residential Zone: A. A one-family dwelling to be occupied by no more than: (1) One family, or (2) One family plus no more than one boarder, roomer, lodger, or other occupant. B. A two-family dwelling provided that: (1) Each dwelling unit is occupied by no more than one family; and (2) The floor area of the second dwelling unit is not more than 50% of the floor area excluding the basement of the primary dwelling unit except where the second dwelling unit is constructed entirely within the basement area, it may exceed 50%. C. Publicly owned park or playground including accessory buildings and improvements. D. Any municipal or public utility purpose necessary to the maintenance of utility services except that substations and similar structures shall be subject to the same setback requirements as apply to residences in the district in which the substations or similar structures are constructed. E. Day-care homes, family day-care homes and group family day-care homes. F. Community residence. § 27042. Principal uses authorized by special permit only. The following uses are permitted in a Lakefront Residential Zone, but only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter: A. Church or other places of worship, convent and parish house. B. Public library, public museum, and public schools. 270:39 06-01 -2004 § 27042 ITHACA CODE § 270-44 C. Fire station or other public building necessary to the protection of or the servicing of a neighborhood. D. Clubhouse or lodge, provided that no building so used shall be within 100 feet from any street or within 150 feet of the lot line of any adjoining owner or within 200 feet of any lakeshore. E. Bed-and-breakfast. §27043. Permitted accessory structures and uses. The following accessory structures or uses are permitted as of right in a Lakefront Residential Zone: A. Off-street garage or parking space for the occupants, users and employees in connection with uses permitted in this article, but subject to provisions of § 270-227 and further subject to the requirement that no vehicle parking shall occur within 100 feet of any shoreline. B. Where the principal use is as a one- or two-family dwelling, private swimming pool, tennis courts, and other similar recreational facilities for the principal private use of the occupants of the dwelling. C. Up to two accessory storage buildings other than a garage, all such accessory buildings in the aggregate not to exceed a total of 600 square feet in size. D. A temporary building for commerce or industry, where such building is necessary or incidental to the development of a residential area. Such buildings may not be continued for more than one year except upon receipt of a special approval from the Board of Appeals. E. Signs, as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca. F. Adult day-care facilities serving no more than four clients at any one time. G. The keeping of household pets in a dwelling unit or other location adjacent to or accessory to a dwelling unit (e.g., outside doghouse, etc.) provided that no more than three household pets shall be kept outside of dwelling units unless a greater number is authorized by special approval of the Zoning Board of Appeals. §270-44. Accessory buildings and uses authorized by special approval only. The following accessory buildings or uses are permitted in a Lakefront Residential Zone, but only upon receipt of a special approval for same from the Board of Appeals in accordance with the procedures set forth in this chapter: A. Elder cottages pursuant to, and subject to, the provisions of§ 270-216 of this chapter. B. Home occupation. 270:40 06-01-2004 § 270-44 ZONING § 27045 C. The keeping of domestic animals in accessory buildings, provided that no such building shall be nearer than 30 feet to any lot line of any adjoining owner or to the lake shore, and further provided that there shall be no raising of fur-bearing animals, or kennels for more than three dogs over six months old. § 27045. Accessory structures and uses authorized by special permit only. A. The following accessory structures or uses are permitted in a Lakefront Residential Zone, but only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter: (1) Fishing piers, docks, wharves, boat houses, cabanas, sea walls, and similar waterfront structures and facilities when such uses are clearly accessory or incidental to the primary, principal use on the property subject to all applicable state and federal regulations and approvals. (a) All such structures shall require a building permit. All such structures shall additionally be subject of site plan review in accordance with the provisions set forth elsewhere in this chapter. (b) The following additional requirements shall apply to all such structures and facilities including those subject to site plan review and those that are not subject to such review: [1] The construction of such structures and facilities shall be undertaken in such a way so as not to impact water quality, cause harm to fish spawning grounds, destroy the natural beauty of the shoreline, reduce the stability of steep slope areas, cause erosion or sedimentation problems along the shoreline, create hazards for navigation, interfere with the public use and enjoyment of the water surface or shoreline, infringe on the riparian rights of other littoral parcels, or otherwise threaten the public health and safety. [2] Piers, docks and wharves shall be designed in accordance with good engineering practice. At the discretion of the Building and Zoning Enforcement Officer, plans approved by a licensed engineer or architect may be required before issuance of a building permit. [3] Such structures and facilities shall only be constructed of materials which are stable, chemically inert and insoluble and which will have no adverse effects on water quality. [4] The amount of grading, dredging, earthmoving and disturbance of land above and below water during the construction of such structures and facilities shall be minimized as much as possible and shall be consistent with the permit requirements of the New York State Department of Environmental Conservation and United States Army Corps of Engineers regulating such activities. 270:41 06-01-2004 § 27045 ITHACA CODE § 27045 [5] To permit the free circulation of water, reduce the effects of fluctuating water levels, and prevent adverse modifications of the shoreline, piers, docks and wharves shall be of floating construction wherever feasible and shall not be of rock-filled cribbing, sheet piling, closely spaced piling, or such other construction technique or materials which would significantly impair water circulation. [6] The width of any pier, dock or wharf shall be a minimum of three feet and shall not exceed eight feet. [7] The length of any pier, dock or wharf shall extend offshore from the mean low water line to a distance no greater than 30 feet (or such lesser distance as may be stipulated in any permit obtained for such construction from the New York State Department of Conservation or the United States Army Corps of Engineers) for each lot used for single-family residential purposes. Longer dock lengths may be approved by the Planning Board in accordance with the provisions of this chapter, when necessary to reach adequate water depths for proposed boat docking, while complying with all other standards contained in this section. [8] The maximum surface area of all piers, docks, and wharves permitted on a waterfront lot that is vacant or used for one- or two-family residential purposes shall not, in the aggregate, exceed 300 square feet. [9] The number of piers, docks or wharves permitted on nonresidential properties shall not exceed three such structures per lot. Such docks shall not exceed a length, or be developed or configured on the site in a manner that adversely affects existing environmental conditions or natural features, including views, or negatively impacts navigation or riparian rights of adjacent littoral parcels. The construction of more than three such structures per nonresidential lot shall be subject to a determination by the Town Planning Board as part of the permit process, that such additional structures are needed to accommodate anticipated boat traffic and can be developed on the site without adversely affecting existing environmental conditions or natural features, or negatively impact navigation or riparian rights of adjacent littoral parcels. [10] Every pier, dock or wharf that is constructed shall have a minimum clearance or setback of 20 feet from adjacent property lines, as extended from the shoreline, to allow adequate vessel access to neighboring waterfront parcels. In the case of parcels bounding a substantially straight shoreline, docks and piers shall be located in the area fixed by projection of parcel lines lakeward at right angles from the shoreline. In the case of parcels bounding a concave or convex shoreline, docks and piers shall be located in the area fixed by projection of the parcel lines lakeward along the line bisecting the angle formed by the shoreline at its intersection with the parcel lines. Where such projections do not 270:42 06-01 -2004 § 270-45 ZONING § 27045 allow access to the line of navigability - that line marking the minimum depth for navigation - the converging lines shall instead run to the line of navigability. The line of navigability shall be divided among such parcels in proportion to their respective shares of the shoreline and permit all shoreline parcels practicable access to navigable water. [11] Piers, docks or wharves that extend 100 feet or more from the shore line must be lighted during the hours of darkness in such a manner so as to not constitute a hazard to navigation. [12] Lighting of the surface of any pier, dock or wharf shall be provided in such a manner so as not to produce any offensive glare when viewed from the water or the land. The use of low-mast lighting fixtures and deflector shields to direct the light downward shall be required to reduce or eliminate glare. [13] Commercial renting, leasing or operation of fishing piers, docks, wharves, boat launching ramps or similar waterfront structures and facilities shall be expressly prohibited in Lakefront Residential Districts. (2) Mooring buoys or facilities subject to the following restrictions: (a) Mooring buoys shall only be placed in connection with littoral parcels. Such buoys shall be placed only within an area parallel to and 30 feet inward of the parcel lines extended lakeward at right angles from the shoreline, and to a depth necessary for safe mooring of a boat. (b) Moorings shall be placed so that objects moored to them, at full swing of their mooring or anchor line, will be no closer than 10 feet to the projection of the adjacent property lines from the shoreline. (c) The number of private moorings permitted per each waterfront lot shall not exceed the following: [1] 100 feet or less of water frontage: A total of one such mooring. [2] More than 100 feet up to 250 feet of water frontage: A total of two such moorings. [3] More than 250 up to 500 feet of water frontage: A total of three such moorings. [4] One additional mooring is allowed for each 150 feet of water frontage in excess of 500 feet. B. Nothing in this section is intended to require or permit activities which contravene any laws, rules, or regulations or permits of the United States or New York State, or any agency thereof, nor are any of the foregoing provisions intended to supercede any requirements for the obtaining of any permits or approvals required by the United States or New York State, or any agency thereof. 270:43 06-01-2004 § 270-46 ITHACA CODE § 270-47 § 270-46. Height limitations. In Lakefront Residential Zones, no building shall be erected, altered, or extended to exceed 38 feet in height from the lowest interior grade or 36 feet in height from the lowest exterior grade, whichever is lower. No structure other than a building shall be erected, altered, or extended to exceed 30 feet in height. Accessory buildings shall in no case exceed 20 feet in height. § 270-47. Yard regulations. In Lakefront Residential Zones yards of at least the following dimensions are required: A. Front yard: Not less than the average depth of the front yards of buildings on lots immediately adjacent. However, the front yard depth shall not be less than 30 feet or need it be greater than 60 feet. B. Rear yard: Not less than 50 feet in depth unless the rear yard is adjacent to the shoreline, in which event the rear yard shall be not less than 25 feet in depth. C. Side yards: Each not less than 20 feet in width, except that in one of the side yards a one-story garage, either attached to the principal building or separate therefrom, may be 15 feet from a side line which is not a street line. D. Greater yards: Notwithstanding the foregoing, any special yard requirements for specific uses or buildings set forth elsewhere in this chapter shall, if more restrictive, supersede the above yard provisions. E. Accessory buildings: In Lakefront Residential Zones accessory buildings other than garages may not occupy any open space other than a rear yard. Accessory buildings, in the aggregate, may occupy not more than 15% of any required rear yard and, if other than a garage, shall be not less_ than three feet from any side or rear lot line. Notwithstanding the foregoing, a private garage that serves dwellings on two separate lots may be built across a common lot line with a party wall by mutual agreement between adjoining property owners provided that there is at least one garage bay on each lot. Any accessory building on a corner lot shall not be less than five feet from the rear lot line. Where the average natural slope of a lot exceeds 8% rise or fall directly from the street line, either a private garage not over one story in height and housing not in excess of two cars or a small accessory building not exceeding 20 square feet in floor area and not exceeding 12 feet in height, may be located in the front or side yard not less than five feet from said street line upon receiving a special approval from the Board of Appeals. F. Minimum setback from shoreline: Notwithstanding the foregoing, any principal building, parking area or accessory structure, excluding such facilities as docks, piers, wharves, boat ramps, and boathouses, shall be located at least 25 feet inland from the shoreline in order to maintain adequate access to the shoreline. The Planning Board, during site plan review, may establish a minimum setback of greater than 25 feet based on due consideration by the Board of the preservation and protection of sensitive environmental features, and the maintenance of the wooded character of the shoreline area, as well as scenic views and vistas. 270:44 06-01-2004 § 270-48 ZONING § 270-52 § 270-48. Building area. The maximum building area shall not exceed 10% of the lot area. Projections described in § 270-224 are not to be included in computing the percentage. § 270-49. Size and area of lot. Lots in Lakefront Residential Zones shall meet the following minimum requirements: A. Minimum lot area shall be at least 15,000 square feet; and B. Minimum width at the street line shall be 60 feet; and C. Minimum width at the maximum required front yard setback line (60 feet from the street line) shall be 100 feet; and D. Minimum width at the shoreline, as measured in a straight line that is 90° from a sideline at its point of intersection with the high water line of the lake to the other side line, shall be 100 feet; and E. Minimum depth from the highway right-of-way shall be 150 feet. §270-50. Special properties. In the case of publicly owned properties located in Lakefront Residential Zones, which comprise at least six acres in area and are traversed by interior roads or driveways, the front and side yard requirements set forth above shall apply only along the exterior public street frontages and there shall be no rear yard requirements. The shoreline setback requirements shall remain. §270-51. Parking. Parking requirements shall be as set forth in Article XXVH. §270-52. Special requirements. The following additional special requirements shall apply to Lakefront Residential Zones: A. Filling, grading, lagooning, dredging, earthmoving activities, and other land use activities shall be conducted in such manner as to prevent to the maximum extent possible, erosion and sedimentation of surface waters. On slopes greater than 25%, there shall be no grading or filling within 100 feet of the shoreline unless: (1) A permit for same is obtained pursuant to the fill permit provisions of this chapter or is issued by the Town of Ithaca Director of Engineering upon his determination that such grading or filling is necessary to protect the shoreline and to prevent erosion, or 270:45 06-01-2004 § 270-52 ITHACA CODE § 270-54 (2) Such grading and filling is in conjunction with construction pursuant to a building permit legally issued by the Town of Ithaca Director of Building and Zoning after the Town of Ithaca Director of Engineering has reviewed the proposed construction and any required or necessary erosion control measures and has determined that the conduct of such work will not adversely affect the shoreline. B. In addition to the requirements of this article, any construction, grading, or other activities shall be conducted only in accordance with any federal, state, or other local law or requirement pertaining to such activity, including any requirements of the New York State Department of Conservation and the United States Army Corps of Engineers. ARTICLE VIII Low Density Residential Zones §270-53. Purpose. The purpose of the Low Density Residential Zone is to provide an area of limited development where it is deemed most desirable in the Town to maintain larger lots for development and permit the possibility of continued agricultural use of the areas without limiting the areas to solely agricultural uses. §270-54. Permitted principal uses. Only the following buildings or uses are permitted as a matter of right in a Low Density Residential Zone: A. A one-family dwelling to be occupied by no more than: (1) One family, or (2) One family plus no more than one boarder, roomer, lodger, or other occupant. B. A two-family dwelling provided that: (1) Each dwelling unit is occupied by no more than one family; and (2) The floor area of the second dwelling unit is not more than 50% of the floor area excluding the basement of the primary dwelling unit except where the second dwelling unit is constructed entirely within the basement area, it may exceed 50%. C. Nursery or farm, except a hog farm. On-site retail sales of farm and nursery products shall be subject to the provisions of § 270-56H below. Usual farm buildings are permitted, provided that: (1) Any building in which farm animals are kept shall be at least 100 feet from any lot line or street right-of-way. (2) No manure shall be stored within 100 feet of any lot line or street right-of-way. D. Publicly owned park or playground including accessory buildings and improvements. 270:46 06-01-2004 § 270-54 ZONING § 270-55 E. Any municipal or public utility purpose necessary to the maintenance of utility services except that substations and similar structures shall be subject to the same setback requirements as apply to residences in the district in which the substations or similar structures are constructed. F. Day-care homes, family day-care homes and group family day-care homes. G. Community residence. §270-55. Principal uses authorized by special permit only. The following uses are permitted in a Low Density Residential Zone, but only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter: A. Church or other places of worship, convent and parish house. B. Cemetery and the buildings and structures incident thereto. C. Public, parochial and private schools, public library, public museum, day-care center, nursery school, and any institution of higher learning including dormitory accommodations. D. Fire station or other public building necessary to the protection of or the servicing of a neighborhood. E. Golf course, driving range or miniature golf course. F. Clinic and nursing or convalescent home, provided that no building so used shall be within 100 feet from any street or within 150 feet of the lot line of any adjoining owner. G. Clubhouse or lodge, provided that no building so used shall be within 100 feet from any street or within 150 feet of the lot line of any adjoining owner. H. Bed-and-breakfast. I. Equestrian facility, provided that adequate provision is made to prevent nuisance to adjoining residences and provided: (1) The lot size is at least two acres (three acres if public sewers are not available); (2) There is a nonoccupied and nonused buffer of at least 50 feet around the perimeter of the lot; (3) Any building in which farm animals are kept shall be at least 100 feet from any lot line or street line; and (4) No manure shall be stored within 100 feet of any lot line or street line. 270:47 06-01-2004 § 270-56 ITHACA CODE § 270-57 §270-56. Permitted accessory buildings and uses. The following accessory buildings or uses are permitted as of right in a Low Density Residential Zone: A. Off-street garage or parking space for the occupants, users and employees in connection with uses permitted in this article, but subject to provisions of § 270-227. B. Where the principal use is as a one- or two-family dwelling, private swimming pool, tennis courts, and other similar recreational facilities for the principal private use of the occupants of the dwelling. C. Up to three accessory buildings other than a garage, all such accessory buildings in the aggregate not to exceed a total of 600 square feet in size unless the lot is three acres or larger, in which event the aggregate area of the accessory building may not exceed 2,000 square feet. D. A temporary building for commerce or industry, where such building is necessary or incidental to the development of a residential area. Such buildings may not be continued for more than one year except upon receipt of a special approval from the Board of Appeals. E. The keeping of household pets in a dwelling unit or other location adjacent to or accessory to a dwelling unit (e.g., outside doghouse, etc.) provided that no more than three household pets shall be kept outside of dwelling units unless a greater number is authorized by special approval of the Zoning Board of Appeals. F. The keeping of domestic animals in accessory buildings, provided that no such building shall be nearer than 30 feet to any lot line of any adjoining owner, and further provided that there shall be no raising of fur-bearing animals, or kennels for more than three dogs over six months old. G. Signs, as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca. H. A roadside stand or other structure, not exceeding 500 square feet of enclosed space, for the display and sale of farm or nursery products related to farming and as a seasonal convenience to the owner or owners of the land. The majority of the products sold at such stand shall be, or be derived from, products produced on the farm on which the roadside stand is located. Any such stand shall be located a minimum of 30 feet from the street line, in such a manner as to permit safe access and egress for automobiles, and parking off the highway right-of-way. I. Adult day-care facilities serving no more than four clients at any one time. §270-57. Accessory buildings and uses authorized by special approval only. The following accessory buildings or uses are permitted in a Low Density Residential Zone, but only upon receipt of a special approval for same from the Board of Appeals in accordance with the procedures set forth in this chapter: 270:48 06-01-2004 § 270-57 ZONING § 270-59 A. Elder cottages pursuant to, and subject to,the provisions of§ 270-216 of this chapter. B. A second dwelling unit in a building other than the principal building, provided that: (1) All of the general criteria set forth elsewhere in this chapter for the issuance of a special approval have been satisfied; (2) The location of the second dwelling, and the building in which it is located, does not adversely impact in any significant manner the adjoining neighbors; (3) The building containing such second dwelling is located at least 40 feet from any side boundary of the lot, and is not constructed in any required front yard; (4) There is adequate off-street parking for the proposed number of occupants, including occupants of both the principal building and the dwelling unit for which special approval is sought; (5) The floor area of the second dwelling (inclusive of floor area on all floors dedicated to such dwelling) does not exceed 50% of the floor area of the primary dwelling on the lot; (6) The second dwelling is located in a building that is accessory to the principal dwelling; (7) The building containing the primary dwelling does not contain more than one dwelling; and (8) There are no elder cottages or other buildings on the lot containing dwellings other than the building containing the primary dwelling and the building for which special approval is sought. C. Home occupation. §270-58. Accessory buildings and uses authorized by special permit only. The following accessory buildings or uses are permitted in a Low Density Residential Zone, but only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter: A. Equestrian facility, provided that adequate provision is made to prevent nuisance to adjoining residences and provided the lot size is at least two acres and there is a nonoccupied and nonused buffer of at least 50 feet around the perimeter of the lot. §270-59. Height limitations. In Low Density Residential Zones, no building shall be erected, altered, or extended to exceed 38 feet in height from the lowest interior grade or 36 feet in height from the lowest exterior grade, whichever is lower. No structure other than a building shall be erected, altered, or extended to exceed 30 feet in height. Accessory buildings, other than a barn, shall in no case exceed 15 feet in height. 270:49 06-01 -2004 § 270-60 ITHACA CODE § 270-62 §270-60. Yard regulations. In Low Density Residential Zones yards of at least the following dimensions are required: A. Front yard: Not less than the average depth of the front yards of buildings on lots immediately adjacent. However, the front yard depth shall not be less than 30 feet or need it be greater than 60 feet. B. Rear yard: Not less than 50 feet in depth. C. Side yards: Each not less than 40 feet in width, except that in one of the side yards a one-story garage, either attached to the principal building or separate therefrom, may be 15 feet from a side line which is not a street line. D. Greater yards: Notwithstanding the foregoing, any special yard requirements for specific uses or buildings set forth elsewhere in this chapter shall, if more restrictive, supersede the above yard provisions. E. Accessory buildings: In Low Density Residential Zones accessory buildings other than garages may not occupy any open space other than a rear yard. Accessory buildings, in the aggregate, may occupy not more than 15% of any required rear yard and, if other than a garage, shall be not less than three feet from any side or rear lot line. Notwithstanding the foregoing, a private garage that serves dwellings on two separate lots may be built across a common lot line with a party wall by mutual agreement between adjoining property owners provided that there is at least one garage bay on each lot. Any accessory building on a corner lot shall not be less than five feet from the rear lot line. Where the average natural slope of a lot exceeds 8% rise or fall directly from the street line, a private garage not over one story in height and housing not in excess of two cars may be located in the front or side yard not less than five feet from said street line upon receiving a special approval from the Board of Appeals. §270-61. Building area. The maximum building area shall not exceed 10% of the lot area. Projections described in § 270-224 are not to be included in computing the percentage. §270-62. Size and area of lot. Lots in Low Density Residential Zones shall meet the following minimum requirements: A. Minimum lot area shall be at least 30,000 square feet; and B. Minimum width at the street line shall be 100 feet; and C. Minimum width at the maximum required front yard setback line (60 feet from the street line) shall be 150 feet; and D. Minimum depth from the highway right-of-way shall be 200 feet. 270:50 06-01 -2004 § 270-63 ZONING § 270-66 §270-63. Special properties. In the case of publicly owned properties, properties of universities, colleges, cemeteries, or other private institutions, located in Low Density Residential Zones, which comprise at least six acres in area and are traversed by interior roads or driveways, the front, side, and rear yard requirements set forth above shall apply only along the exterior public street frontages and boundaries with adjacent properties. §270-64. Parking. Parking requirements shall be as set forth in Article XXVII. ARTICLE IX Medium Density Residential Zones §270-65. Purpose. The purpose of the Medium Density Residential Zone is to create areas that are almost exclusively residential in nature where there is minimal intrusion of commercial, farming, or other activities that could be detrimental to residential development and occupancy. §270-66. Permitted principal uses. Only the following buildings or uses are permitted as a matter of right in a Medium Density Residential Zone: A. A one-family dwelling to be occupied by no more than: (1) One family, or (2) One family plus no more than one boarder, roomer, lodger, or other occupant. B. A two-family dwelling provided that: (1) Each dwelling unit is occupied by no more than one family; and (2) The floor area of the second dwelling unit is not more than 50% of the floor area excluding the basement of the primary dwelling unit except where the second dwelling unit is constructed entirely within the basement area, it may exceed 50%. C. Publicly owned park or playground including accessory buildings and improvements. D. Any municipal or public utility purpose necessary to the maintenance of utility services except that substations and similar structures shall be subject to the same setback requirements as apply to residences in the district in which the substations or similar structures are constructed. E. Day-care homes, family day-care homes and group family day-care homes. F. Community residence. 270:51 06-01-2004 § 270-67 ITHACA CODE § 270-68 §270-67. Principal uses authorized by special permit only. The following uses are permitted in a Medium Density Residential Zone, but only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter: A. Church or other places of worship, convent and parish house. B. Cemetery and the buildings and structures incident thereto. C. Public, parochial and private schools, public library, public museum, day-care center, nursery school, and any institution of higher learning including dormitory accommodations. D. Fire station or other public building necessary to the protection of or the servicing of a neighborhood. E. Golf course, driving range or miniature golf course. F. Bed-and-breakfast facilities providing no more than two bedrooms for transients, unless the size of the lot on which the facility is located is at least 30,000 square feet, in which event up to four bedrooms may be used for transients. §270-68. Permitted accessory buildings and uses. The following accessory buildings or uses are permitted as of right in a Medium Density Residential Zone: A. Off-street garage or parking space for the occupants, users and employees in connection with uses permitted in this article, but subject to provisions of§ 270-227. B. Where the principal use is as a one- or two-family dwelling, private swimming pool, tennis courts, and other similar recreational facilities for the principal private use of the occupants of the dwelling. C. Up to three accessory buildings other than a garage, all such accessory buildings in the aggregate not to exceed a total of 600 square feet in size unless the lot is three acres or larger, in which event the aggregate area of the accessory building may not exceed 2,000 square feet. D. A temporary building for commerce or industry, where such building is necessary or incidental to the development of a residential area. Such buildings may not be continued for more than one year except upon receipt of a special approval from the Board of Appeals. E. The keeping of household pets in a dwelling unit or other location adjacent to or accessory to a dwelling unit (e.g., outside doghouse, etc.) provided that no more than three household pets shall be kept outside of dwelling units unless a greater number is authorized by special approval of the Zoning Board of Appeals. F. Signs, as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca. 270:52 06-01-2004 § 270-68 ZONING § 270-69 G. Adult day-care facilities serving no more than four clients at any one time. §270-69. Accessory buildings and uses authorized by special approval only. The following accessory buildings or uses are permitted in a Medium Density Residential Zone, but only upon receipt of a special approval for same from the Board of Appeals in accordance with the procedures set forth in this chapter: A. Elder cottages pursuant to, and subject to, the provisions of§ 270-216 of this chapter. B. Home occupation. C. A second dwelling unit in a building other than the principal building, provided that: (1) All of the general criteria set forth elsewhere in this chapter for the issuance of a special approval have been satisfied; (2) The location of the second dwelling, and the building in which it is located, does not adversely impact in any significant manner the adjoining neighbors; (3) The building containing such second dwelling is located at least 15 feet from any side boundary of the lot, and is not constructed in any required front yard; (4) There is adequate off-street parking for the proposed number of occupants, including occupants of both the principal building and the dwelling unit for which special approval is sought; (5) The floor area of the second dwelling (inclusive of floor area on all floors dedicated to such dwelling) does not exceed 50% of the floor area of the primary dwelling on the lot; (6) The second dwelling is located in a building that is accessory to the principal dwelling; (7) The building containing the primary dwelling does not contain more than one dwelling; and (8) There are no elder cottages or other buildings on the lot containing dwellings other than the building containing the primary dwelling and the building for which special approval is sought. D. The keeping of domestic animals in accessory buildings, provided that: (1) The lot on which such accessory building is located is at least two acres in size unless the Zoning Board of Appeals requires a larger lot in order to prevent adverse effects on the adjacent or surrounding neighbors, in which event the lot size shall be the minimum reasonably established by such Board; and (2) No such accessory building shall be nearer than 30 feet to any lot line of any adjoining owner; and 270:53 06-01-2004 § 270-69 ITHACA CODE § 270-72 (3) There shall be no raising of fur-bearing animals, or kennels for more than three dogs over six months old. §270-70. Height limitations. In Medium Density Residential Zones, no building shall be erected, altered, or extended to exceed 38 feet in height from the lowest interior grade or 36 feet in height from the lowest exterior grade, whichever is lower. No structure other than a building shall be erected, altered, or extended to exceed 30 feet in height. Accessory buildings shall in no case exceed 15 feet in height. §270-71. Yard regulations. In Medium Density Residential Zones yards of at least the following dimensions are required: A. Front yard: Not less than the average depth of the front yards of buildings on lots immediately adjacent. However, the front yard depth shall not be less than 25 feet or need it be greater than 50 feet. B. Rear yard: Not less than 30 feet in depth. C. Side yards: Each not less than 15 feet in width, except that in one of the side yards a one-story garage, either attached to the principal building or separate therefrom, may be 10 feet from a side line which is not a street line. D. Greater yards: Notwithstanding the foregoing, any special yard requirements for specific uses or buildings set forth elsewhere in this chapter shall, if more restrictive, supersede the above yard provisions. E. Accessory buildings: In Medium Density Residential Zones accessory buildings other than garages may not occupy any open space other than a rear yard. Accessory buildings, in the aggregate, may occupy not more than 40% of any required rear yard and, if other than a garage, shall be not less than three feet from any side or rear lot line. Notwithstanding the foregoing, a private garage that serves dwellings on two separate lots may be built across a common lot line with a party wall by mutual agreement between adjoining property owners provided that there is at least one garage bay on each lot. Any accessory building on a corner lot shall not be less than five feet from the rear lot line. Where the average natural slope of a lot exceeds 8% rise or fall directly from the street line, a private garage not over one story in height and housing not in excess of two cars may be located in the front or side yard not less than five feet from said street line upon receiving a special approval from the Board of Appeals. §270-72. Building area. The maximum building area shall not exceed 20% of the lot area. Projections described in § 270-224 are not to be included in computing the percentage. 270:54 06-01-2004 § 270-73 ZONING § 270-77 §270-73. Size and area of lot. Lots in Medium Density Residential Zones shall meet the following minimum requirements: A. Minimum lot area shall be at least 15,000 square feet; and B. Minimum width at the street line shall be 60 feet; and C. Minimum width at the maximum required front yard setback line (50 feet from the street line) shall be 100 feet; and D. Minimum depth from the highway right-of-way shall be 150 feet. §270-74. Special properties. In the case of publicly owned properties, properties of universities, colleges, cemeteries, or other private institutions, located in Medium Density Residential Zones, which comprise at least six acres in area and are traversed by interior roads or driveways, the front, side, and rear yard requirements set forth above shall apply only along the exterior public street frontages and boundaries with adjacent properties. §270-75. Parking. Parking requirements shall be as set forth in Article XXVII. ARTICLE X High Density Residential Zones §270-76. Purpose. The purpose of the High Density Residential Zone is to maintain the residential character of certain areas of the Town, to provide a buffer or transition from the less dense residential areas of the Town to areas where multiple residences or commercial activities may be permitted, to provide for more affordable housing, and to encourage more intense development where there is infrastructure already in place to support such development. §270-77. Permitted principal uses. Only the following buildings or uses are permitted as a matter of right in a High Density Residential Zone: A. A one-family dwelling to be occupied by no more than: (1) One family, or (2) One family plus no more than one boarder, roomer, lodger, or other occupant. B. A two-family dwelling provided that: 270:55 06-01-2004 § 270-77 ITHACA CODE § 270-78 (1) Each dwelling unit is occupied by no more than one family; and (2) The floor area of the second dwelling unit is not more than 50% of the floor area excluding the basement of the primary dwelling unit except where the second dwelling unit is constructed entirely within the basement area, it may exceed 50%. C. Publicly owned park or playground including accessory buildings and improvements. D. Any municipal or public utility purpose necessary to the maintenance of utility services except that substations and similar structures shall be subject to the same setback requirements as apply to residences in the district in which the substations or similar structures are constructed. E. Day-care homes, family day-care homes and group family day-care homes. F. Community residence. §270-78. Principal uses authorized by special permit only. The following uses are permitted in a High Density Residential Zone, but only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter: A. Church or other places of worship, convent and parish house. B. Cemetery and the buildings and structures incident thereto. C. Public, parochial and private schools, public library, public museum, day-care center, nursery school, and any institution of higher learning including dormitory accommodations. D. Fire station or other public building necessary to the protection of or the servicing of a neighborhood. E. Golf course, driving range or miniature golf course. F. Clinic and nursing or convalescent home, provided that no building so used shall be within 100 feet from any street or within 150 feet of the lot line of any adjoining owner. G. Clubhouse or lodge, provided that no building so used shall be within 100 feet from any street or within 150 feet of the lot line of any adjoining owner. H. Bed-and-breakfast facilities providing no more than two bedrooms for transients, unless the size of the lot on which the facility is located is at least 30,000 square feet, in which event up to four bedrooms may be used for transients. I. Adult care facility. J. Child day-care center. 270:56 06-01-2004 § 270-79 ZONING § 270-82 §270-79. Permitted accessory buildings and uses. The following accessory buildings or uses are permitted as of right in a High Density Residential Zone: A- Off-street garage or parking space for the occupants, users and employees in connection with uses permitted in this article, but subject to provisions of § 270-227 of this chapter. B. Where the principal use is as a one- or two-family dwelling, private swimming pool, tennis courts, and other similar recreational facilities for the principal private use of the occupants of the dwelling. C. Up to three accessory buildings other than a garage, all such accessory buildings in the aggregate not to exceed a total of 600 square feet in size unless the lot is three acres or larger, in which event the aggregate area of the accessory building may not exceed 2,000 square feet. D. A temporary building for commerce or industry, where such building is necessary or incidental to the development of a residential area. Such buildings may not be continued for more than one year except upon receipt of a special approval from the Board of Appeals. E. The keeping of household pets in a dwelling unit or other location adjacent to or accessory to a dwelling unit (e.g., outside doghouse, etc.) provided that no more than three household pets shall be kept outside of dwelling units unless a greater number is authorized by special approval of the Zoning Board of Appeals. F. Signs, as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca. §270-80. Accessory buildings and uses authorized by special approval only. The following accessory buildings or uses are permitted in a High Density Residential Zone, but only upon receipt of a special approval for same from the Board of Appeals in accordance with the procedures set forth in this chapter: A. Elder cottages pursuant to, and subject to, the provisions of§ 270-216 of this chapter. B. Home occupation. § 270-81. Height limitations. In High Density Residential Zones, no building shall be erected, altered, or extended to exceed 38 feet in height from the lowest interior grade or 36 feet in height from the lowest exterior grade, whichever is lower. No structure other than a building shall be erected, altered, or extended to exceed 30 feet in height. Accessory buildings shall in no case exceed 15 feet in height. §270-82. Yard regulations. In High Density Residential Zones yards of at least the following dimensions are required: 270:57 06-01-2004 § 270-82 ITHACA CODE § 270-85 A. Front yard: Not less than the average depth of the front yards of buildings on lots immediately adjacent. However, the front yard depth shall not be less than 25 feet or need it be greater than 50 feet. B. Rear yard: Not less than 30 feet in depth. C. Side yards: Each not less than 10 feet in width, except that in one of the side yards a one-story garage, either attached to the principal building or separate therefrom, may be seven feet from a side line which is not a street line. D. Greater yards: Notwithstanding the foregoing, any special yard requirements for specific uses or buildings set forth elsewhere in this chapter shall, if more restrictive, supersede the above yard provisions. E. Accessory buildings: In High Density Residential Zones accessory buildings other than garages may not occupy any open space other than a rear yard. Accessory buildings, in the aggregate, may occupy not more than 40% of any required rear yard and, if other than a garage, shall be not less than three feet from any side or rear lot line. Notwithstanding the foregoing, a private garage that serves dwellings on two separate lots may be built across a common lot line with a party wall by mutual agreement between adjoining property owners provided that there is at least one garage bay on each lot. Any accessory building on a corner lot shall not be less than five feet from the rear lot line. Where the average natural slope of a lot exceeds 8% rise or fall directly from the street line, a private garage not over one story in height and housing not in excess of two cars may be located in the front or side yard not less than five feet from said street line upon receiving a special approval from the Board of Appeals. §270-83. Building area. The maximum building area shall not exceed 25% of the lot area. Projections described in § 270-224 are not to be included in computing the percentage. §270-84. Size and area of lot. Lots in High Density Residential Zones shall meet the following minimum requirements: A. Minimum lot area shall be at least 9,000 square feet; and B. Minimum width at the street line shall be 60 feet; and C. Minimum width at the maximum required front yard setback line (50 feet from the street line) shall be 75 feet; and D. Minimum depth from the highway right-of-way shall be 120 feet. §270-85. Special properties. In the case of publicly owned properties, properties of universities, colleges, cemeteries, or other private institutions, located in High Density Residential Zones, which comprise at least 270:58 06-01-2004 § 270-85 ZONING § 270-89 six acres in area and are traversed by interior roads or driveways, the front, side, and rear yard requirements set forth above shall apply only along the exterior public street frontages and boundaries with adjacent properties. §270-86. Parking. Parking requirements shall be as set forth in Article XXVII. ARTICLE XI Mobile Home Park Zones §270-87. Purpose. The purpose of the Mobile Home Park Zone is to provide an area in which concentrated development utilizing mobile homes may occur to encourage alternative and less costly housing accommodations in the Town. §270-88. Minimum area. A minimum tract of at least five acres is required for a mobile home park. §270-89. Permitted principal uses. Only the following buildings or uses are permitted as a matter of right in a Mobile Home Park Zone: A. Mobile homes, each to be occupied by not more than: (1) One family, or (2) One family plus no more than two boarders, roomers, lodgers, or other occupants. B. Not more than one one-family dwelling (other than a mobile home) to be occupied by no more than one family. C. Publicly owned park or playground including accessory buildings and improvements. D. Any municipal or public utility purpose necessary to the maintenance of utility services except that substations and similar structures shall be subject to the same setback requirements as apply to residences in the zone in which the substations or similar structures are constructed. E. Day-care homes, family day-care homes and group family day-care homes. F. Community residence. 270:59 06-01-2004 § 270-90 1THACA CODE § 270-93 §270-90. Principal uses authorized by special permit only. The following uses are permitted in a Mobile Home Park Zone, but only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter: A. Child day-care center. §270-91. Permitted accessory uses. The following accessory buildings or uses are permitted as of right in a Mobile Home Park Zone: A. Automobile parking and garages, subject to the further requirements of this article. B. Structures and open land for recreation, intended for use by the residents of the mobile home park. C. Such areas and structures as may be necessary for housekeeping activities, such as a common laundry or garden plots. The use of any such area or structure may be limited to residents of the mobile home park. D. Storage buildings for storage of belongings of the residents of the mobile home park. E. Maintenance buildings, storage buildings, and one central office building, all of which must be utilized solely in connection with the operation of the mobile home park. F. Community building for use by the residents of the mobile home park and their guests. G. The keeping of household pets in a dwelling unit or other location adjacent to or accessory to a dwelling unit (e.g., outside doghouse, etc.) provided that no more than three household pets shall be kept outside of dwelling units unless a greater number is authorized by special approval of the Zoning Board of Appeals. §270-92. Accessory buildings and uses authorized by special approval only. The following accessory buildings or uses are permitted in a Mobile Home Park Zone, but only upon receipt of a special approval for same from the Board of Appeals in accordance with the procedures set forth in this chapter: A. Home occupation. §270-93. Height limitations. In Mobile Home Park Zones the following height restrictions shall apply: A. No mobile home or one-family dwelling shall be erected, altered, or extended to exceed 38 feet in height from the lowest interior grade or 36 feet in height from the lowest exterior grade, whichever is lower. 270:60 06-01 -2004 § 270-93 ZONING § 270-97 B. No other building shall be erected, altered, or extended to exceed 15 feet in height from the lowest exterior grade. C. No structure other than a building shall be erected, altered, or extended to exceed 30 feet in height from the lowest exterior grade. §270-94. Yard regulations. In Mobile Home Park Zones the following yard regulations shall apply: A. Mobile homes shall have the following minimum yard sizes: (1) Front yard: If on a public road, not less 20 feet in depth from the highway right-of-way line; if on an interior private road at least 20 feet in depth from the edge of such road if paved, and if not paved, at least 25 feet from the edge of the traveled way. (2) Rear yard: Not less than 10 feet in depth. (3) Side yards: Each not less than 10 feet in width. B. A one-family dwelling and accessory buildings related to the one-family dwelling, shall be subject to the minimum yard sizes set forth in the High Density Residential Zone unless adjacent to a mobile home, in which event the size of the yard adjacent to the mobile home shall be reduced to the minimum yard size required for a mobile home above. C. In Mobile Home Park Zones accessory buildings may occupy any open space beyond the minimum yards set forth above. D. Notwithstanding the foregoing, any special yard requirements for specific uses or buildings set forth elsewhere in this chapter shall, if more restrictive, supersede the above yard provisions. §270-95. Building area. The maximum building area shall not exceed 40% of the gross area of the mobile home park. Projections described in § 270-224 are not to be included in computing the percentage. §270-%. Lot area. Each mobile home lot shall have a minimum lot area of 5,000 square feet The arrangement of lots in the park shall facilitate the efficient development of land and permit the convenient access of emergency vehicles. §270-97. Special requirements. Mobile home parks shall be subject to the following special requirements: 270:61 06-01 -2004 § 270-97 ITHACA CODE § 270-97 A. Stand location. The location of the mobile home stand on each lot shall be identified on the site plan. B. Anchors. The mobile home stand shall be provided with anchors and other fixtures capable of securing and stabilizing the mobile home. These anchors shall be placed at least at each comer of the mobile home stand. C. Skirting. Each mobile home owner, within 30 days after the arrival of the mobile home in the park, shall be required to enclose the bottom space between the edge of the mobile home and the mobile home stand with a skirt of metal, wood or other suitable material. This skirt shall be properly ventilated and securely attached to the mobile home. D. Parking. Parking requirements shall be as set forth in Article XXVIL E. Buffer yards. A buffer yard at least 50 feet wide shall be provided around the perimeter of the mobile home park. No structures are permitted in the buffer yard and the Planning Board may require that suitable landscaping be provided in order to effectively screen the mobile home park from adjacent properties. Parking spaces are not permitted in the buffer yards. F. Access drives and walkways. Access drives shall be paved with blacktop, concrete, or other solid material. Driveways and walkways shall provide safe access, egress, and traffic circulation within the site. The placement, size, and arrangement of access to public ways shall be subject to the approval of the appropriate highway authority. Where the density of population or school bus routes make it necessary, sidewalks and bus shelters may be required. G. Open space and recreation areas. The mobile home park owner shall provide recreation areas on the premises, including but not limited to, play areas. The Planning Board shall review and approve all such areas. Ten percent (10%) of the gross lot area of the mobile home park, exclusive of the area reserved for buffer yards, shall be permanently maintained as open space. H. Storage space. The mobile home park owner shall provide storage space in convenient locations for each mobile home lot. This storage space shall be contained in an enclosed and secure structure. Several storage structures may be located in a common building. The minimum dimensions of storage space per lot shall be eight feet high, eight feet deep, and four feet wide. I. Screening of waste and refuse. One or more common areas shall be provided for the disposal of waste, refuse and recyclables. These areas shall contain secure bins of a suitable size. These areas shall be screened from public view by shrubbery or a fence. J. Signs. A single sign for the mobile home park is permitted. The size and other characteristics shall be regulated by Chapter 221, Signs, of the Code of the Town of Ithaca. K. Operating permits. An operating permit shall be required for all mobile home parks. This permit shall be renewable annually. The Building Inspector shall make periodic inspections of the mobile home park to determine whether such park is in compliance with the terms and conditions of the permit, the Zoning Ordinance and the site plan 270:62 06-01-2004 § 270-97 ZONING § 270-99 approval. The fee for the operating permit shall be in accordance with the following schedule based on the number of mobile homes then located in the mobile home park: Number of Units Operating Permit Fee 1 to 4 $25.00 5 to 9 $50.00 10 to 24 $100.00 25 to 49 $200.00 50 to 100 $400.00 Over 100 (No. of Units) times ($4) L. Building permits. Notwithstanding any other provision of this chapter of the Building Code, a building permit shall be required for each mobile home and/or structure to be sited or constructed. §270-98. Site plan approvals. No building permit shall be issued for a structure in a Mobile Home Park Zone unless the proposed structure is in accordance with a site plan approved by the Planning Board and, if required, by the Tompkins County Health Department. No subdivision of a mobile home park site plan is permitted without approval of the Town Board, following Planning Board review. No alteration, amendment or change in a mobile home park site plan is permitted without approval of the Planning Board. ARTICLE XII Multiple Residence Zones §270-99. Purpose. The purpose of the Multiple Residence Zone is to permit, where appropriate, the construction and development of multiple-family residences in the Town. At the same time, the Town does not desire the large-scale development of these units to the extent that large areas of the Town would be devoted to such use and single-family residences would be incompatible. Accordingly, additional areas may be zoned as a Multiple Residence Zone upon application for a specific proposal in accordance with the normal rezoning procedures. Generally, such rezoning will be permitted only in areas where public water and sanitary facilities are available, where public transportation may be readily available, and where other resources and facilities that complement multiple residence occupancy are found. In reaching its decision on whether to rezone to a Multiple Residence Zone, the Town Board shall consider the general criteria set forth in this chapter, the most current Comprehensive or Master Plan for the Town, and this statement of purpose. 270:63 06-01-2004 § 270-100 1THACA CODE § 270-102 § 270-100. Permitted principal uses. Only the following buildings or uses are permitted of right in a Multiple Residence Zone: A. One-family dwellings, two-family dwellings and multiple-family dwellings. Each dwelling unit in a Multiple Residence Zone shall be occupied by no more than: (1) One family, or (2) One family plus no more than two boarders, roomers, lodgers or other occupants. B. Day-care homes, family day-care homes and group family day-care homes. §270-101. Permitted accessory buildings and uses. Only the following accessory buildings or uses are permitted of right in a Multiple Residence Zone: A. Automobile parking and garages, subject to the further requirements of this article. B. Structures or use of open land for recreation, intended for residents of the Multiple Residence Zone, including swimming pools, tennis courts, and other similar recreational facilities. C. Such uses as may be necessary for housekeeping activities, such as drying yards or structures in which laundry facilities are maintained but any such use must be limited to residents of multiple dwellings. D. Storage buildings for storage of belongings of the residents of the Multiple Residence Zone. E. Maintenance buildings and one central office building, all of which must be utilized solely in connection with the operation of multiple-family dwellings in the Multiple Residence Zone. F. Community building for use by the residents of multiple-family dwellings in the Multiple Residence Zone and their guests. G. The keeping of household pets in a dwelling unit or other location adjacent to or accessory to a dwelling unit (e.g., outside doghouse, etc.) provided that no more than three household pets shall be kept outside of dwelling units unless a greater number is authorized by special approval of the Zoning Board of Appeals. §270-102. Principal uses authorized by special permit only. The following uses are permitted in a Multiple Residence Zone, but only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter: 270:64 06-01-2004 § 270-102 ZONING § 270-106 A. Bed-and-breakfast. B. Adult care facility. C. Child day-care center. §270-103. Accessory buildings and uses authorized by special approval only. The following accessory buildings or uses are permitted in a Multiple Residence Zone, but only upon receipt of a special approval for same from the Board of Appeals in accordance with the procedures set forth in this chapter: A. Home occupation. §270-104. Minimum area for multiple residence zone. A minimum tract of two acres is required for the development of a Multiple Residence Zone. Such tract shall contain a minimum of 3,500 square feet of gross lot area for each dwelling unit to be constructed. §270-105. Height limitations. In Multiple Residence Zones, no building shall be erected, altered, or extended to exceed 38 feet in height from the lowest interior grade or 36 feet in height from the lowest exterior grade, whichever is lower. §270-106. Yard regulations. A. Except as may be specifically otherwise authorized in this chapter, in Multiple Residence Zones yards of at least the following dimensions are required: (1) Front yard: Not less than 50 feet in depth. (2) Rear yard: Not less than 50 feet in depth. (3) Side yards: None required with respect to buildings all on the same lot, but not less than 50 feet from any structure to a side property line. (4) Courts shall be completely open on one side, with a width not less than the height of the tallest opposite structure and a depth not more than one and one-half the width. (5) Spaces between buildings: the distance between any two structures shall be no less than 20 feet. B. The foregoing requirements may include any required buffer areas and shall not be in addition to any required buffer areas. 270:65 06-01-2004 § 270-107 ITHACA CODE § 270-111 §270-107. Building area. The maximum building area shall not exceed 30% of the lot area. Projections described in § 270-224 are not to be included in computing the percentage. §270-108. Minimum usable open space. Minimum usable open space shall be not less than 30% of the lot area. For this purpose "usable open space" shall mean that portion of the lot area not covered by any structure (as defined in Article III) or driveway, and generally intended to be occupied by suitable vegetation or landscaping. §270-109. Size and area of lot. Lots in Multiple Residence Zones shall meet the following minimum requirements: A. Minimum lot area shall be at least 30,000 square feet if public sewer facilities are available, otherwise the minimum lot area shall be at least two acres; and B. Minimum width at the street line shall be 100 feet; and C. Minimum width at the maximum required front yard setback line (50 feet from the street line) shall be 150 feet; and D. Minimum depth from the street line shall be 200 feet. §270-110. Parking. Parking requirements shall be as set forth in Article XXVII. §270-111. Additional special requirements. Additional special requirements include the following: A. Access and sidewalks. Access drives shall be paved with blacktop, concrete, or other solid material. Driveways and walkways shall provide safe access, egress and traffic circulation within the site. The placement, size and arrangement of access to public streets shall be subject to the approval of the appropriate highway authority. Where density of population, traffic, bus routes, or other safety issues make it desirable, the developer or applicant for rezoning shall install sidewalks with the approval of the appropriate highway authority. B. Recreation. The developer or applicant shall provide recreation areas for children on the premises, such as playgrounds, parks, or other recreational facilities, in such amount as may be necessary to protect the health, safety and general welfare of the children and residents in the district. C. Screening of waste and refuse. No waste or refuse shall be placed outside any building in a Multiple Residence Zone except that an area common to all buildings, or a separate 270:66 06-01-2004 § 270-111 ZONING § 270-112 area for each building shall be reserved at the rear of the structure or structures. This area shall contain bins, or other receptacles adequate to prevent the scattering of waste and refuse, and shall be planted or fenced so as to be screened from the public view. Such area and receptacles shall not be located in the buffer area set forth above. No refuse shall be burned on the premises. D. Buffer areas. No structure shall be placed nearer to any other Residence Zone, Agricultural Zone, Commercial Zone or Industrial Zone than double the maximum distance of the side yard requirement of the adjoining zone (e.g., if the Multiple Residence Zone adjoins a Low Density Residence Zone, and if the maximum side yard requirement in such Low Density Zone is 40 feet (excluding the fifteen-foot side yard applicable to garages, as such fifteen-foot distance is not the maximum side yard requirement), no structure in the Multiple Residence Zone shall be closer than 80 feet to such Low Density Zone). A strip at least 10 feet wide within such buffer area shall be suitably planted to screen a Multiple Residence Zone from other present or future residences outside the zone, or a suitable screening fence shall be erected. The Planning Board, in reviewing the site plan, may alter or waive the vegetative requirement along the public street side. E. Additional screening. In addition to the landscaping, screening, fencing and buffer requirements set forth above, the Planning Board in the site plan review process may require additional landscaping, fencing, screening, or earth berm to be provided in any area where the proposed structure or use would, in the opinion of the Planning Board, create a hazardous condition or would detract from the value of neighboring property if such additional landscaping, fencing, screening, or berm were not provided. §270-112. Site plan approval. No building permit shall be issued for a building or structure within a Multiple Residence Zone unless the proposed building is in accordance with a site plan approved pursuant to the provisions of Article XXM. In addition to the site plan requirements set forth such provisions, the site plan shall be subject to the following additional requirements as authorized by Town Law § 274-a: A. Such site plan shall show, when required by the Planning Board, a park or parks suitably located for playground or other recreational purposes. B. Land for park, playground or other recreational purposes shall not be required until the Planning Board has made a finding that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the Town. Such finding shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the Town based on projected population growth to which the particular site plan will contribute. Such evaluation may also include reference to any current Parks, Recreation and Open Space Plan existing in the Town. C. In the event the Planning Board makes a finding pursuant to Subsection B of this section that the proposed site plan presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes, but that a suitable park or parks of adequate size to meet the requirement cannot be properly located on such site plan, the 270:67 06-01-2004 § 270-112 ITHACA CODE § 270-114 Planning Board may require a sum of money in lieu thereof in an amount to be established by the Town Board. In making such determination of suitability, the Planning Board shall assess the size and suitability of lands shown on the site plan which could be possible locations for park or recreational facilities, as well as practical factors including whether there is a need for additional facilities in the immediate neighborhood. Any monies required by the Planning Board in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of this section, shall be deposited into a trust fund to be used by the Town exclusively for park, playground or other recreational purposes, including the acquisition of property. D. Notwithstanding the foregoing, if the land included in a site plan under review is a portion of a subdivision plat which has been reviewed and approved pursuant to § 276 of the Town Law or pursuant to Chapter 234, Subdivision of Land, of the Code of the Town of Ithaca (as either may be amended from time to time), the Planning Board shall credit the applicant for any land set aside or money donated in lieu thereof under such subdivision plat approval. In the event of resubdivision of such plat, nothing shall preclude the requiring the reservation of additional parkland or additional money to be donated in lieu thereof. E. If the Town Board, by resolution or local law, has established the amounts, or a formula by which amounts payable in lieu of land reservation may be determined, the amounts payable pursuant to this section shall be as set forth in, or determined by, such local law. ARTICLE XIII Commercial Zones Generally §270-113. Purpose. The purpose of the establishing Commercial Zones and the following regulations is to establish certain areas where retail businesses and other commercial uses of land will be encouraged and to establish standards by which development in these areas shall occur. §270-114. Permitted accessory uses. Permitted accessory uses in all Commercial Zones shall be the following: A. Automobile parking and off-street loading areas, subject to the further requirements of this chapter. B. Accessory storage buildings, but not to include outside storage. C. Signs, as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca. D. The dwelling of a guard, caretaker or custodian but not more than one dwelling unit per building. E. Child day-care centers upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter. 270:68 06-01-2004 § 270-115 ZONING § 270-120 §270-115. Minimum area for commercial zone. A minimum tract of two acres is required for the development of a Commercial Zone except for a Neighborhood Commercial Zone for which the minimum tract required is one acre and except for a Vehicle Fueling and Repair Zone for which the minimum tract required is 30,000 square feet. §270-116. Height limitations. Except as may be specifically otherwise authorized in this chapter, in Commercial Zones no building shall exceed 38 feet in height from lowest interior grade nor 36 feet in height from lowest exterior grade, and no structure other than a building shall exceed 30 feet in height. §270-117. Yard regulations. A. Except as may be specifically otherwise authorized in this chapter, in Commercial Zones yards of at least the following dimensions are required: (1) Front yard: Not less than 50 feet in depth. (2) Rear yard: Not less than 30 feet in depth. (3) Side yards: None required with respect to buildings all on the same lot, but not less than 30 feet from any structure to a side property line. (4) Greater yards: Notwithstanding the foregoing, any special yard requirements for specific uses or buildings set forth elsewhere in this chapter shall, if more restrictive, supersede the above yard requirements. B. The foregoing requirements may include any required buffer areas and shall not be in addition to any required buffer areas. §270-118. Building area. The maximum building area shall not exceed 30% of the lot area. Projections described in § 270-224 are not to be included in computing the percentage. §270-119. Minimum usable open space. Minimum usable open space shall be not less than 30% of the lot area. For this purpose "usable open space" shall mean that portion of the lot area not covered by any structure (as defined in Article III) or driveway, and generally intended to be occupied by suitable vegetation or landscaping. §270-120. Size and area of lot. Lots in Commercial Zones shall meet the following minimum requirements: 270:69 06-01 -2004 § 270-120 ITHACA CODE § 270-122 A. Minimum lot area shall be at least 30,000 square feet if public sewer facilities are available, otherwise the minimum lot area shall be at least two acres; and B. Minimum width at the street line shall be 100 feet; and C. Minimum width at the maximum required front yard setback line (50 feet from the street line) shall be 150 feet; and D. Minimum depth from the street line shall be 200 feet. §270-121. Parking. Parking requirements shall be as set forth in Article XXVII. §270-122. Additional special requirements. Additional special requirements include the following: A. Off-street loading. At least one off-street loading space shall be required for each 20,000 square feet of floor area, including basement. B. Access and sidewalks. Access drives shall be paved with blacktop, concrete, or other solid material, and, if business is to be carried on in the evening, shall be adequately lighted. No lights shall be placed so as to reflect in an objectionable manner on adjoining residential properties or public streets. Driveways and walkways shall provide safe access, egress and traffic circulation within the site. The placement, size and arrangement of access to public streets shall be subject to the approval of the appropriate highway authority. Unless waived by the Town Board or Planning Board for good cause shown, sidewalks shall be installed by the developer of any commercial zone (except Lakefront Commercial Zones) simultaneously with construction of any commercial buildings on any site. C. Buffer areas and screening. No structure shall be placed closer than 50 feet to any residence zone and thirty feet to any other zone. A strip at least 10 feet wide within such buffer area shall be suitably planted to screen a Commercial Zone from present or future residences, or a suitable screening fence shall be erected. No waste or refuse shall be placed outside any building in a Commercial Zone except that an area common to all businesses, or a separate area for each business may be reserved at the rear of the structure or structures. These areas shall contain bins, or other receptacles adequate to prevent the scattering of waste and refuse, and shall be planted or fenced so as to be screened from the public view. Such area and receptacles shall not be located in the buffer area set forth above. No refuse shall be burned on the premises. D. Additional screening. In addition to the landscaping, screening, fencing and buffer requirements set forth above, additional landscaping, fencing, screening, or earth berm may be required to be provided by the Planning Board in the site review process in any area where the proposed structure or use would, in the reasonable opinion of the Planning Board, create a hazardous condition or would detract from the value of neighboring property if such landscaping, fencing, screening, or berm were not provided. 270:70 06-01-2004 § 270-122 ZONING § 270-126 E. Supplemental limitations. In the event that any of the uses permitted in any of the Commercial Zones involve auxiliary, small-scale assembly, repair, processing, fabrication, or cooking, such activity shall take place only in connection with products or services offered for immediate sale or direct service to customers on the premises, and no objectionable noise, smoke, odor, vibration or disorder created thereby shall be experienced beyond the lot lines of said businesses. F. Displays. In all Commercial Zones except Vehicle Fueling and Repair Commercial Zones, no outside displays shall be permitted unless otherwise specifically authorized by this chapter. §270-123. Drive-through operations. The inclusion in any zone of a use, such as a restaurant, bank, or pharmacy, that can be operated without a drive-up or drive-through facility, does not permit a drive-up or drive-through facility associated with such use unless the provisions applicable to such zone specifically state otherwise. §270-124. Site plan approval. No building permit shall be issued for a building or structure within a Commercial Zone unless the proposed building is in accordance with a site plan approved pursuant to the provisions of Article XXIII of this chapter. ARTICLE XIV Neighborhood Commercial Zones §270-125. Purpose. The purpose of the Neighborhood Commercial Zone is to provide areas or centers for shopping and service-oriented uses that are easily accessible to the neighborhoods which they serve, which are not intended to draw customers from considerable distances, or which have low-volume traffic and no significant impacts so as to be minimally intrusive upon residential neighborhoods. These zones shall be located so as to be generally distributed throughout the Town in proportion to the population and shall be limited both in size and in proximity to one another. §270-126. Permitted principal uses. Only the following buildings or uses are permitted of right in a Neighborhood Commercial Zone: A. The following retail uses provided that the interior floor area is 5,000 square feet or less: (1) Retail food store/grocery. (2) Retail sales of candy, ice cream, gifts, flowers and similar small items. 270:71 06-01-2004 § 270-126 ITHACA CODE § 270-126 (3) Retail store (other than a retail store expressly referred to elsewhere in this chapter) where goods are sold from inside the store and rental of goods is not a significant portion of the revenues. (4) Arts and crafts gallery/studio. (5) Photography store/studio. (6) Drugstorelpharmacy. (7) Florist. (8) Bicycle sales/repairs which may include outside displays. (9) Bakery. (10) Plant nursery which may include outside displays. (11) Hardware store. (12) Painting and decorating boutique. (13) Bookstore or newsstand. B. The following personal service retail uses provided that the interior floor area is 5,000 square feet or less: (1) Bank or other financial institution. (2) Laundromat, dry cleaning (self-service or pickup). (3) Barbershop or beauty parlor. (4) Milliner/dressmaker/tailor. (5) Shoe maker/repair. (6) Restaurant or coffee shop. (7) Caterer. (8) Photocopying/related printing. (9) Optician. (10) Decorator. C. Business, professional, administrative, or governmental office, but excluding a medical or dental clinic. D. Fire station and emergency medical services. E. The following uses provided that the area on which construction occurs on the land is 5,000 square feet or less (excluding underground utilities): 270:72 06-01-2004 § 270-126 ZONING § 270-127 (1) Any municipal or public utility purpose necessary to the maintenance of utility services except that substations and similar structures shall be subject to the same setback requirements as apply to other buildings in the district in which the substations or similar structures are constructed. §270-127. Principal uses authorized by special permit only. The following uses are permitted in a Neighborhood Commercial Zone, but only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter: A. Any of the uses, except caterer, set forth above as being permitted as of right where the interior floor area for such use exceeds 5,000 square feet. B. The following uses where the construction on the lot exceeds 5,000 square feet of land area but does not exceed 10,000 square feet of land area (excluding underground utilities): (1) Any municipal or public utility purpose necessary to the maintenance of utility services except that substations and similar structures shall be subject to the same setback requirements as apply to other buildings in the district in which the substations or similar structures are constructed. C. Bank or other financial institution with a drive-through with a maximum of two drive-through lanes served by tellers or automatic teller machines. D. Furniture and appliance sales and service. E Packaging/mailing service. F. Hotel or motel provided the facility fronts on a state highway. G. Child day-care center and elder care center. H. Clubhouse, lodge, community center. I. Mixed use commercial and residential provided the commercial use is a use that would be permitted in a Neighborhood Commercial Zone if it were not in a mixed use facility. J. Health or fitness center. K. Any other lawful use, not otherwise specifically referred to in this chapter, that both the Planning Board and the Zoning Board of Appeals find is substantially similar to a use permitted as of right in the Neighborhood Commercial Zone and does not have greater adverse effects upon traffic, noise, air quality, parking, or any other attribute reasonably relevant, than a use permitted as of right. 270:73 06-01-2004 § 270-128 ITHACA CODE § 270-131 § 270-128. Maximum building size. No building in a Neighborhood Commercial Zone shall exceed 7,500 square feet in size (inclusive of all floors except a basement used solely for storage) unless the Planning Board, by special permit, authorizes the size to be increased up to 10,000 square feet. In no event shall a building exceed 10,000 square feet in size (inclusive of all floors except a basement used solely for storage). ARTICLE XV Office Park Commercial Zones §270-129. Purpose. The purpose of the Office Park Commercial Zone is to provide areas in the Town where office parks involving business offices but not retail sales nor industrial products might be located in a manner that is not totally inconsistent with residential areas but which may serve as transition zones from lower density residential to higher intensity residential and commercial uses and may involve traffic and other impacts that would begin to degrade the residential environment. §270-130. Permitted principal uses. Only the following buildings or uses are permitted of right in an Office Park Commercial Zone: A. Bank or other financial institution with or without a drive-through facility, provided any drive-through facility shall be limited to no more than two drive-through lanes. B. Business, administrative or professional offices. C. Medical and dental clinics not involving any overnight occupancy. D. Optician and related facilities. E. Municipal or other governmental offices. §270-131. Principal uses authorized by special permit only. The following uses are permitted in an Office Park Commercial Zone, but only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter: A. Any municipal or public utility purpose necessary to the maintenance of utility services involving construction on more than 10,000 square feet of land. B. Fire station or other public building necessary to the protection of or servicing of a neighborhood. C. Arts and crafts gallery or studio. 270:74 06-01-2M § 270-131 ZONING § 270-134 D. Restaurant. E. Packaging/mailing service. F. Research and development facility which contains laboratories or other areas that are not offices. G. Clubhouse, lodge, community center. H. Hospital, medical or dental clinic that involves overnight occupancy. §270-132. Additional permitted accessory uses. In addition to accessory uses authorized in all Commercial Zones, the following accessory uses are permitted in an Office Park Commercial Zone: A. Cafeteria or lunchroom. B. Retail sales of candy, ice cream, baked goods, flowers, and other small items. C. Child or elder day-care center. D. Health or fitness center. ARTICLE XVI Community Commercial Zones §270-133. Purpose. The purpose of the Community Commercial Zone is to provide areas in the Town for a broader range of economic activities which include activities that may draw clientele from all areas in the Town and from outside the Town. It is the intention to locate such areas where there is minimal impact on established residential neighborhoods, where the necessary infrastructure is available, and where transportation facilities can be provided. The uses in this zone will typically involve more traffic and related noises than in the Neighborhood and Office Park Commercial Zones. §270-134. Permitted principal uses. Only the following buildings or uses are permitted of right in a Community Commercial Zone: A. Any of the uses permitted in a Neighborhood Commercial Zone or the Office Park Commercial Zone that do not require a special permit or approval other than for the size of the facility. Such uses are permitted as of right if the interior floor area is not more than 10,000 square feet. B. Any of the following uses provided that the interior floor area is 10,000 square feet or less: 270:75 06-01 -2004 § 2707134 ITHACA CODE § 270-135 (1) Bank or other financial institution with drive-through with a maximum of two drive-through lanes served by tellers or automatic teller machines. (2) Building supply which may include outside displays. (3) Drugstore with a drive-through with no more than one driving lane passing through the drive-through window area. (4) Electrical shop. (5) Furniture and appliance sales and service. (6) Glass shop. (7) Greenhouse which may include outside displays. (8) Heating shop. (9) Monument works which may include outside displays. (10) Optician. (11) Package liquor store. (12) Pet shop, provided such shop does not have any outside pens or runs. (13) Plumbing shop. (14) Printer. (15) Video store. (16) Packaging/mailing service. C. Hotel or motel of 30 sleeping rooms or less. §270-135. Principal uses authorized by special permit only. The following uses are permitted in a Community Commercial Zone, but only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter and provided the interior floor area for each store (or if the use is other than as a store, the space occupied by each entity) is no greater than 25,000 square feet unless limited below to a lesser amount: A. Any of the uses permitted in Neighborhood Commercial Zone or Office Park Commercial Zone upon receipt of a special permit. B. Any of the uses set forth in §§ 270-126, 270-127, 270-130 and 270-134 above where the interior floor area for such use exceeds the maximum permitted allowable in said sections, usually 10,000 square feet. C. Public library. 270:76 06-01-2M § 270-135 ZONING § 270-135 D. Theater, skating rink, bowling alley, dance hall, where the activity involved is conducted exclusively inside a building provided that such place of business shall be located at least 200 feet from any residence district. E. Restaurant or other place for the serving of food, with or without a drive-through facility provided, however, that no new restaurant with a drive-through facility shall be permitted within 1,500 feet of the property boundary line of an existing restaurant with a drive-through facility. If alcoholic beverages are served, the place of business shall be located at least 200 feet from a school or church and at least 150 feet from any residence zone. Notwithstanding any other provision of this chapter, no such facility with a drive-through shall exceed 10,000 square feet of interior space. F. Bar or tavern, provided the place of business is located at least 200 feet from a school or church and at least 150 feet from any residence zone. G. Bank or other financial institution with drive-through with not more than three drive-through lanes served by tellers or automatic teller machines. H. Drugstore or pharmacy with a drive-through with not more than three driving lanes passing through the drive-through window(s) area. I. Clubhouse or lodge, provided that no building so used shall be within 100 feet of any street or within 150 feet of the lot line of an adjoining owner. J. Undertaker. K. Hotel or motel with more than 30 sleeping rooms. L. Public parking garage or lot such as a park-n-ride parking lot. M. Mixed use commercial and residential provided the commercial use is a use that would be permitted in a Community Commercial Zone if it were not in a mixed use facility. N. Veterinary office or clinic. No veterinary office or clinic shall exceed 10,000 square feet of interior space. O. Medical and dental clinics not involving any overnight occupancy. P. Upholsterer. Q. Car wash, including a car wash drive-through facility, provided the footprint of the car wash building does not exceed 10,000 square feet. R. Any other lawful use, not otherwise specifically referred to in this chapter, that both the Planning Board and the Zoning Board of Appeals find is substantially similar to a use permitted as of right in the Community Commercial Zone and does not have greater adverse effects upon traffic, noise, air quality, parking, or any other attribute reasonably relevant, than a use permitted as of right. 06-01-2004 § 270-136 ITHACA CODE § 270-140 ARTICLE XVII Vehicle Fueling and Repair Commercial Zones §270-136. Purpose. The purpose of the Vehicle Fueling and Repair Commercial Zone is to provide areas where retail sales of automotive gasoline and related products might occur as well as the sale and repair of automobiles, all in an environment that minimizes the impact of such activities on residential and Neighborhood Commercial Zones. §270-137. Permitted principal uses. Only the following buildings or uses are permitted of right in a Vehicle Fueling and Repair Commercial Zone: A. Vehicle fuel sales station and vehicle repair garage provided that all servicing of vehicles shall take place on private property, and that no repair work, except short-term emergency repairs, be carried on out-of-doors. B. Car wash, including a car wash that is a drive-through facility. §270-138. Principal use authorized by special permit only. The following use is permitted in a Vehicle Fueling and Repair Commercial Zone, but only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter: A. Convenience store with gasoline sales. B. Public parking garage or parking lot. C. Any municipal or public utility purpose necessary to the maintenance of utility services except that substations and similar structures shall be subject to the same setback requirements as apply to other buildings in the district in which the substations or similar structures are constructed. ARTICLE XVIII Lakefront Commercial Zones §270-139. Purpose. The purpose of the Lakefront Commercial Zone is to provide areas in the Town for coherent development of commercial facilities that are uniquely related to the shore front of Cayuga Lake and are not inherently incompatible with adjacent residential zones. §270-140. Permitted principal uses. Only the following buildings or uses are permitted of right in a Lakefront Commercial Zone: 270:78 06-01-2004 § 270-140 ZONING § 270-143 A. Boat harbor and marina. § 270-141. Principal uses authorized by special permit only. The following uses are permitted in a Lakefront Commercial Zone upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter: A. Restaurant or other place for the serving of food. If alcoholic beverages are served, the place of business shall be located at least 200 feet from a school or church or 150 feet from a residence district. B. Hotel or motel, provided that the principal building is set back at least 100 feet from the shoreline. C. Clubhouse or lodge, provided that no buildings so used shall be within 100 feet of any street, or within 150 feet of the lot line of an adjoining owner. D. Mixed use commercial and residential, provided the commercial use is a use that would be permitted in a Lakefront Commercial Zone if it were not in a mixed use facility and provided that any residential component of any building is set back at least 100 feet from the shoreline. E. Any municipal or public utility purpose necessary to the maintenance of utility services involving construction on not more than 5,000 square feet of land. §270-142. Accessory uses authorized by special permit only. In addition to accessory uses authorized in all Commercial Zones, the following accessory use is permitted in a Lakefront Commercial Zone but only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter: A. Retail sales of candy, ice cream, baked goods, flowers, and other small items. ARTICLE XIX Light Industrial Zones §270-143. Purpose. The purpose of the Light Industrial Zone is to permit, where appropriate, the construction of research and development oriented industries, high technology enterprises, light manufacturing facilities, and other moderately intensive industrial activities which would not generally be appropriate in residential areas but which may not require the same level of separation from residential areas as more intensive industrial uses. Areas may be zoned as a Light Industrial Zone by the Town Board or upon application for a specific proposal, all in accordance with the normal rezoning procedures. Generally, such rezoning will be permitted only in areas where public water and sanitary facilities are available, where public transportation may be readily available, and where other resources and facilities that complement multiple light industrial uses are found. In reaching its decision on whether to rezone to a Light Industrial 270:79 06-01-2004 § 270-143 ITHACA CODE § 270-145 Zone, the Town Board shall consider the general criteria set forth in this chapter, the most current Comprehensive or Master Plan for the Town, and this statement of purpose. §270-144. Permitted principal uses. Only the following buildings or uses are permitted of right in a Light Industrial Zone: A. Business, administrative or professional offices. B. Industrial uses employing electric power or other motor power, or utilizing hand labor for fabrication or assembly. C. Indoor warehousing and indoor storage including self-service storage facilities. D. Printing, publishing and bookbinding. E. Research and development facilities utilizing office spaces, indoor scientific laboratories, and other similar indoor spaces. §270-145. Adult entertainment uses authorized by special approval only. Adult entertainment businesses are permitted in certain Light Industrial Zones, but only upon receipt of a special approval for same from the Board of Appeals in accordance with the procedures set forth in this chapter after receipt of a favorable recommendation for same from the Planning Board, and only upon the conditions set forth below: A. Adult entertainment businesses are permitted only in those Light Industrial Districts which adjoin a State Highway (e.g., New York State Route 13). B. The Board of Appeals, after favorable recommendation of the Planning Board, grants a special approval for same in accordance with the provisions of Article XXIV, Special Permits and Special Approvals, of this chapter utilizing the criteria set forth or referred to in said article for the granting of a special approval. C. The building in which the business is conducted, and the related parking areas, are located at least 150 feet from any highway right-of-way line, at least 280 feet from the boundary of any other zoning district, and at least 280 feet from any public park, school, or church. For this purpose, the Finger Lakes Trail is considered a public park, and the boundaries of such trail are deemed to be the lines on each side of the center line that are parallel to, and 20 feet from, the center line of the trail. D. The building and lot upon which it is located comply in all other respects with the requirements set forth in the provisions of this article governing Light Industrial Zones, except as modified by this section and with the following further exceptions: (1) If the type of adult entertainment business is one specified in § 270-227 the minimum parking requirements shall be those set forth in such section for that type of structure (e.g., if the adult entertainment business is a theater, there shall be one parking space for each five seats). 270:80 06-01-2004 § 270-145 ZONING § 270-148 (2) If the type of adult entertainment business is not one specified in § 270-227 the minimum parking requirement shall be 300 square feet of parking area, including lanes and driveways, for each 100 feet of floor area, exclusive of basements used for storage (e.g., if the adult entertainment business is a massage parlor, the minimum parking area shall be 300 square feet for each 100 feet of floor area). (3) The minimum parking requirements may be reduced in accordance with the criteria and procedures referred to § 270-227. §270-146. Permitted accessory buildings and uses. Only the following accessory buildings or uses are permitted of right in a Light Industrial Zone: A. Automobile parking and off-street loading areas subject to the further requirements of this article. B. Accessory storage buildings, but not to include outside storage. C. Signs, as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca. D. The dwelling of an owner, operator, or manager, or of a guard, caretaker, or custodian, provided that no more than one dwelling unit per industry shall be established. E. Guardhouse. F. Child day-care centers upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter. G. Cafeteria or lunchroom. H. Recreational facilities including playfields, ballfields, tennis and volleyball courts, swimming pools and fitness centers. 1. Fences up to eight feet in height if approved by the Planning Board as appropriate and necessary for the proposed use. §270-147. Minimum area for a light industrial zone. A minimum tract of 10 acres is required for the development of a Light Industrial Zone. §270-148. Height limitations. Except as may be specifically otherwise authorized in this chapter, in Light Industrial Zones no building shall exceed 38 feet in height from lowest interior grade nor 36 feet in height from lowest exterior grade, and no structure other than a building shall exceed 36 feet in height. 270:81 06-01-2M § 270-149 ITHACA CODE § 270-153 §270-149. Yard regulations. A. Except as may be specifically otherwise authorized in this chapter, in Light Industrial Zones yards of at least the following dimensions are required: (1) Front yard: Not less than 150 feet in depth. (2) Rear yard: Not less than 60 feet in depth. (3) Side yards: None required with respect to buildings all on the same lot, but not less than 60 feet from any structure to a side property line. (4) Greater yards: Notwithstanding the foregoing, any special yard requirements for specific uses or buildings set forth elsewhere in this chapter shall, if more restrictive, supersede the above yard requirements. B. The foregoing requirements may include any required buffer areas and shall not be in addition to any required buffer areas. §270-150. Building area. The maximum building area shall not exceed 30% of the lot area. Projections described in § 270-224 are not to be included in computing the percentage. §270-151. Minimum usable open space. Minimum usable open space shall be not less than 30% of the lot area. For this purpose "usable open space" shall mean that portion of the lot area not covered by any structure (as defined in Article III) or driveway, and generally intended to be occupied by suitable vegetation or landscaping. §270-152. Size and area of lot. Lots in Light Industrial Zones shall meet the following minimum requirements: A. Minimum lot area shall be at least two acres; and B. Minimum width at the street line shall be 150 feet; and C. Minimum width at the maximum required front yard setback line (150 feet from the street line) shall be 200 feet; and D. Minimum depth from the street line shall be 300 feet. §270-153. Parking. Parking requirements shall be as set forth in Article XXVII. 270:82 06-01-2004 § 270-154 ZONING § 270-155 §270-154. Additional special requirements. Additional special requirements include the following: A. Off-street loading: Same as in Commercial Zones (§ 270-122A). B. Access and sidewalks: Same as in Commercial Zones (§ 270-122B). C. Buffer areas and screening: Same as in Commercial Zones (§ 270-122C) except no structure shall be placed closer than 60 feet to any residence zone and 30 feet to any other zone. D. Additional screening: Same as in Commercial Zones (§ 270-122D). E. Displays: In all Light Industrial Zones no outside displays shall be permitted unless otherwise specifically authorized by this chapter. § 270-155. Performance standards. Any use in a Light Industrial Zone shall be so operated as to be in conformity with the following additional standards: A. Noise. (1) No use shall operate or cause to be operated any source of sound in such a manner as to create a sound level which exceeds the limits set forth for the land use category stated below when measured at the boundary of the property nearest the receiving land use. Receiving Land Sound Level Limit Use Category Time (dBa) Residential use 7:00 a.m. to 7:00 p.m. 65 7:00 p.m. to 7:00 a.m. 55 Natural areas 7:00 a.m. to 7:00 p.m. 60 7:00 p.m. to 7:00 a.m. 50 All other 7:00 a.m. to 7:00 p.m. 68 7:00 p.m. to 7:00 a.m. 58 (2) For any source of sound which emits a pure tone, a discrete tone or impulsive sound, the maximum sound limits set forth above shall be reduced by five dBa. B. Vibration. No activity shall cause or create a discernible steady state or impact vibration at or beyond the boundary of the property. C. Atmospheric emissions. There shall be no emission of dust, dirt, smoke, fly ash, or noxious gases or other noxious substances which could cause damage to the health of persons, animals, or plant life. 270:83 06-01 -2004 § 270-155 ITHACA CODE § 270-158 D. Odor. There shall be no emission of any offensive odor discernible at the boundary of the property. E. Glare and heat. No glare or heat shall be produced that is perceptible beyond the boundaries of the property. Exterior illumination shall be shaded and directed to prevent glare or traffic hazard on surrounding properties and streets. F. Radioactivity and electromagnetic interference. No activities shall be permitted which emit dangerous radioactivity. No activities shall be permitted which produce any electromagnetic disturbance adversely affecting the operation of any equipment outside the boundary of the property. G. Fire and explosion hazards. All activities involving, and all storage of flammable and explosive materials, shall be provided with adequate safety devices against the hazard of fire and explosion and with adequate fire-fighting and fire suppression equipment and devices standard in the industry and as may be required by any applicable codes, laws, or regulations. All burning of such waste materials in open fires is prohibited. H. Vermin. There shall be no storage of material, either indoors or out, in such a manner that it attracts or facilitates the breeding of vermin or endangers public health or the environment in any way. §270-156. Site plan approval. No building permit shall be issued for a building or structure within a Light Industrial Zone unless the proposed building is in accordance with a site plan approved pursuant to the provisions of Article XXIII. ARTICLE XX Industrial Zones §270-157. Purpose. The purpose of the Industrial Zone is to permit, where appropriate, manufacturing and other industrial facilities. Areas may be zoned as an Industrial Zone by the Town Board or upon application for a specific proposal, all in accordance with the normal rezoning procedures. Generally, such rezoning will be permitted only in areas where public water and sanitary facilities are available, where public transportation may be readily available, and where other resources and facilities that complement industrial uses are found. In reaching its decision on whether to rezone to an Industrial Zone, the Town Board shall consider the general criteria set forth in this chapter, the most current Comprehensive or Master Plan for the Town, and this statement of purpose. §270-158. Permitted principal uses. In an Industrial Zone buildings and land may be used for any lawful manufacturing activity and any lawful activity permitted as of right in a Light Industrial Zone, except for the uses 270:84 06-01-2004 § 270-158 ZONING § 270-160 expressly enumerated below. Certain uses or facilities, set forth below, are permitted only upon receipt of a special permit from the Planning Board as set forth below. §270-159. Prohibited uses. The following uses are prohibited in an Industrial Zone: A. Dwelling units,except as an accessory use as set forth below. B. Sales of any products at retail to the general public except as the same may be related to and an incidental by-product of a permitted principal use such as manufacturing. C. Restaurants of any nature except for cafeterias or other similar facilities that are incidental to and related specifically to a permitted principal use such as manufacturing. D. Motel. E. Hotel. F. Adult entertainment business. G. Any of the following factories or works: arsenal, blast furnace, boiler works, iron, steel, brass or copper foundry, metal ore, smelting, planing mill, rolling mill and stockyards or slaughterhouse. H. The manufacturing or storage of explosives and gas, oil and other flammables or petroleum products. §270-160. Permitted accessory buildings and uses. Only the following accessory buildings or uses are permitted of right in an Industrial Zone: A. Automobile parking and off-street loading areas subject to the further requirements of this article. B. Accessory storage buildings. C. Signs, as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca. D. The dwelling of an owner, operator, or manager, or of a guard, caretaker, or custodian, provided that no more than one dwelling unit per industry shall be established. E. Guardhouse. F. Child day-care centers upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter. G. Cafeteria or lunchroom incidental to and related specifically to a permitted use. H. Recreational facilities including playfields, ballfields, tennis and volleyball courts, swimming pools and fitness centers. 270:85 06-01-2004 § 270-160 ITHACA CODE § 270-165 I. Fences up to eight feet in height if approved by the Planning Board as appropriate and necessary for the proposed use. §270-161. Placement of accessory structures. Accessory structures or buildings may be placed in any required side or rear yard but no closer than five feet to the boundary of the property. Except as herein otherwise provided, no structures shall be placed in any required buffer zone. Parking, signs, guardhouses, and fences may be placed in a front yard provided the Planning Board finds the location of such structures is in accordance with the criteria for approval of the site plan and the location is shown on an approved site plan. Signs, guardhouses and fences if placed in a required front yard may also be placed in any required buffer zone that is in the front of the property. §270-162. Minimum area for an industrial zone. A minimum tract of 10 acres is required for the development of an Industrial Zone. §270-163. Height limitations. Except as may be specifically otherwise authorized in this chapter, in Industrial Zones no building shall exceed 38 feet in height from lowest interior grade nor 36 feet in height from lowest exterior grade, and no structure other than a building shall exceed 36 feet in height. §270-164. Yard regulations. A. Except as may be specifically otherwise authorized in this chapter, in Industrial Zones yards of at least the following dimensions are required: (1) Front yard: Not less than 150 feet in depth. (2) Rear yard: Not less than 60 feet in depth. (3) Side yards: None required with respect to buildings all on the same lot, but not less than 60 feet from any structure to a side property line. (4) Greater yards: Notwithstanding the foregoing, any special yard requirements for specific uses or buildings set forth elsewhere in this chapter shall, if more restrictive, supersede the above yard requirements. B. The foregoing requirements may include any required buffer areas and shall not be in addition to any required buffer areas. §270-165. Building area. The maximum building area shall not exceed 30% of the lot area. Projections described in § 270-224 are not to be included in computing the percentage. 270:86 06-01-2004 § 270-166 ZONING § 270-170 §270-166. Minimum usable open space. Minimum usable open space shall be not less than 30% of the lot area. For this purpose "usable open space" shall mean that portion of the lot area not covered by any structure (as defined in Article III) or driveway, and generally intended to be occupied by suitable vegetation or landscaping. §270-167. Size and area of lot. Lots in Industrial Zones shall meet the following minimum requirements: A. Minimum lot area shall be at least two acres; and B. Minimum width at the street line shall be 150 feet; and C. Minimum width at the maximum required front yard setback line (150 feet from the street line) shall be 200 feet; and D. Minimum depth from the street line shall be 300 feet. §270-168. Parking. Parking requirements shall be as set forth in Article XXVII. §270-169. Additional special requirements. Additional special requirements include the following: A. Off-street loading: Same as in Commercial Zones (§ 270-122A). B. Access and sidewalks: Same as in Commercial Zones (§ 270-122B). C. Buffer areas and screening: Same as in Commercial Zones (§ 270-122C) except no structure shall be placed closer than 100 feet to any residence zone and 50 feet to any other zone. D. Additional screening: Same as in Commercial Zones (§ 270-122AD). E. Displays. In all Industrial Zones no outside displays shall be permitted unless otherwise specifically authorized by this chapter. §270-170. Performance standards. Any use in an Industrial Zone shall be so operated as to be in conformity with the performance standards set forth with respect to Light Industrial Zones above. 270:87 06-01-2M § 270-171 ITHACA CODE § 270-173 §270-171. Site plan approval. No building permit shall be issued for a building or structure within an Industrial Zone nor shall any existing building, structure or use in an Industrial Zone be changed unless the proposed building and/or use is in accordance with a site plan approved pursuant to the provisions of Article XXIII. ARTICLE XXI Planned Development Zones §270-172. Purpose. The purpose of the Planned Development Zone is to permit, where appropriate, a degree of flexibility in conventional land use and design regulations which will encourage development in an imaginative and innovative way while through the process of review, discussion and law change, insuring efficient investment in public improvements, a more suitable environment, and protection of community interest. This article is intended to relate to both residential and nonresidential development, as well as mixed forms of development. There may be uses, now or in the future, which are not expressly permitted by the other terms of this chapter but which uses would not contravene the long range Comprehensive Plan objectives if they adhere to certain predetermined performance and design conditions. The Planned Development Zone is intended to be used to enable these developments to occur even though they may not be specifically authorized by this chapter. Areas may be zoned as a Planned Development Zone by the Town Board or upon application for a specific proposal, all in accordance with the normal rezoning procedures. Because the intention is to create self-contained, architecturally consistent and compatible buildings, many times with diverse but related uses, and because the creation of a Planned Development Zone will entail sufficient review to assure the uses within the zone will have negligible or no adverse effects upon properties surrounding the zone, a Planned Development Zone may be created in any zone within the Town. In reaching its decision on whether to rezone to a Planned Development Zone, the Town Board shall consider the general criteria set forth in this chapter, the most current Comprehensive or Master Plan for the Town, and this statement of purpose. §270-173. Establishment and location. With the approval of the Town Board, a Planned Development Zone may be established in any zone in the Town. The establishment of any such zone shall lie in the sole discretion of the Town Board, as a legislative body. It shall be established by amending the Zoning Ordinance to permit such establishment. The enactment and establishment of such a zone shall be a legislative act. No owner of land or other person having an interest in land shall be entitled as a matter of right to the enactment or establishment of any such zone. 270:88 06-01-2004 § 270-174 ZONING § 270-179 §270-174. Permitted principal and accessory uses. In a Planned Development Zone buildings and land may be used for any lawful purpose permitted in the zone where it is located, plus any other uses which the Town Board may authorize upon findings that such additional uses: A. Further the health and welfare of the community; and B. Are in accordance with the Comprehensive or General Plan for the Town. §270-175. Additional requirements. In any rezoning to a Planned Development Zone the Town Board may impose such conditions or limitations that the Town Board, in its legislative discretion, may determine to be necessary or desirable to insure the development conforms with the Comprehensive Plan of the Town, including limiting the permitted uses, location and size of buildings and structures, providing for open space and recreational areas, and requiring bonds or other assurances of completion of any infrastructure to be built as part of the development. §270-176. Minimum area for Planned Development Zone. A minimum tract of two acres is required for the development of a Planned Development Zone. §270-177. Yard and other regulations. Yard, height, building coverage, lot size, and any performance standards shall be as set forth in the legislation rezoning the area to a Planned Development Zone. Unless otherwise stated in such legislation, if no such regulations are set forth, the regulations applicable to the zone in which the Planned Development Zone is located shall govern. §270-178. Site plan approval. No structure shall be erected or placed within a Planned Development Zone, no building permit shall be issued for a building or structure within a Planned Development Zone, and no existing building, structure or use in a Planned Development Zone be changed, unless the proposed building and/or use is in accordance with a site plan approved pursuant to the provisions of Article XXIH. ARTICLE XXII Procedures for Creation of New Zones §270-179. Zones to which applicable. The procedures set forth in this article shall govern applications for establishment of a Mobile Home Park Zone, a Multiple Residence Zone, a Commercial Zone of any nature, a Light Industrial Zone, an Industrial Zone, or a Planned Development Zone, all hereinafter referred i 270:89 06-01 -AN § 270-179 ITHACA CODE § 270-181 to as "zones," and shall be in addition to any requirements specified in any of the articles governing any of such zones. §270-180. General provisions. The provisions set forth below shall govern establishment of zones when application for same is made by any person or entity other than the Town of Ithaca. Should the establishment of a zone be initiated by the Town Board, the procedures to be followed are those set forth in New York State Town Law and this chapter governing amendments of a zoning ordinance. §270-181. Procedures for creation of a zone. Any person or entity requesting the establishment of a zone shall proceed as follows: A. The applicant shall have the option to make an informal presubmission presentation to the appropriate Board or to the Town planning staff at which time rezoning application requirements and procedures may be reviewed. A sketch plan or other general description should be prepared by the applicant for use at the presubmission meeting, to indicate the general nature of the proposal. A purpose of this nonmandatory meeting would be to give the applicant, before incurring substantial expense to comply with the formal application process, an opportunity to discuss the applicant's plans informally to determine if there are substantial reasons known to the Town staff that would suggest the proposal would not be acceptable to the applicable Town Boards and to provide an opportunity for achievement of a project and rezoning that would be acceptable in the public interest. B. The applicant shall submit an application to the Town Planner on forms supplied by the Town which shall include such information as the Town Planner may reasonably require to evaluate the proposal. Such application shall be accompanied by any required fees. C. The applicant shall submit with the application a general site plan which shall be transmitted to the Town Board and which shall show (unless one or more items are waived by the Town Board) property lines, including metes and bounds, adjacent public streets, topography, size and location of existing or proposed structures, and such other plans and information deemed reasonably necessary by the Town Board for adequate study of the proposed plan. D. The Town Board shall preliminarily determine whether it will consider the application for the rezoning, or deny same. If the Town Board determines that it will entertain the application the Town Board shall refer the matter to the Planning Board for review and recommendation. E. The applicant shall be notified of the referral and shall be required to provide such additional materials, including any required environmental assessment forms, drawings, elevations, or other documents as the Town Planner may reasonably require to allow a full and complete study of the proposal. Such materials shall be supplied at least 10 working days prior to the Planning Board meeting at which the matter will be considered. 270:90 06-01-2004 § 270-181 ZONING § 270-182 F. Upon review of the matter by the Planning Board after such referral, the Planning Board may require such changes in the general site plan as are necessary to meet the requirements of this chapter and may make any other recommendations which it deems necessary to promote the general health, safety, morals, and welfare of the community. The Planning Board shall then adopt a resolution recommending a) a finding regarding environmental significance of the proposal, and b) either approval, approval with modifications, or disapproval of the proposed plan. Before any such resolution is adopted, the Planning Board shall hold a public hearing which shall be heard by the Planning Board within 45 days of the filing of the general site plan and all related materials with the Planning Board, and such hearing shall be advertised in a newspaper of general circulation in the Town of Ithaca at least five days before such hearing. The Planning Board shall make its recommendation within the 45 days after the hearing and forward the same to the Town Clerk. G. The Town Board shall comply with applicable provisions of SEQR. H. The Town Board shall hold a public hearing on the proposed zone with the same notice required by law in the case of an amendment to the Zoning Ordinance, which public hearing may include any public hearings required by SEQR. If the Town Board establishes such zone after such hearing, it shall define the boundaries thereof, approve the general site plan and impose any modifications and additional requirements as it may determine. Before finally establishing any such zone, the Town Board may refer the application to the Town Planning Board or the Zoning Board of Appeals for such further consideration as the Town Board may require. No building permit shall, in any case, be issued on the basis of a general site plan. 1. Whenever a zone other than a Planned Development Zone is created pursuant to the provisions of this article, the owner shall be bound by the general site plan as approved and adopted by the Town Board, except that the Planning Board shall have authority to authorize minor changes or additions to the general site plan provided the same do not materially alter the intensity of use or other significant characteristics of the general site plan, and provided the same do not violate any express conditions imposed by the Town Board in creating the zone. In the case of zones other than Planned Development Zones, the Planning Board may authorize changes or additions provided the same do not violate any express conditions imposed by the Town Board in creating the zone. J. Upon the creation of the zone, unless the general site plan was of sufficient detail and contained sufficient information as to constitute, in the Town Board's discretion, a final site plan, the matter shall be referred to the Planning Board for final site plan approval in accordance with the site plan approval process set forth below. ARTICLE XXIII Site Plan Review and Approval Procedures §270-182. Purpose. The purpose of site plan review is to provide for the review and approval of development plans to ensure that land development occurs in harmony with surrounding uses, without 270:91 06-01-2004 § 270-182 ITHACA CODE § 270-184 adversely impacting neighboring parcels, property values, public facilities, infrastructure or the natural environment. §270-183. Site plan required prior to building permit or certificate of occupancy. Before a building permit or certificate of occupancy can be issued for any of the activities for which site plan approval is required, a site plan must be approved by the Planning Board in accordance with these and other applicable provisions. §270-184. Applicability. The requirements set forth in this article shall apply to all activities or developments that are referred to elsewhere in this chapter as requiring a site plan approval. In addition, and supplementing such provisions, the requirements of this article shall also apply to the following actions except as to those actions specifically exempted, or for which alternative specific site plan review and approval requirements are established, elsewhere in this chapter: A. All new commercial, industrial or institutional development. B. All new multifamily housing. C. Any modification of existing commercial, industrial, institutional or multifamily buildings, for which no previous site plan exists. D. Any expansion of existing commercial, industrial, institutional or multifamily buildings which involve an increase in the gross floor area of an existing building by more than 10% in the aggregate since any previous site plan approval. E. Any conversion of an existing residential structure to a nonresidential use (except as may have occurred in connection with a home occupation established in conformity with the provisions of this chapter). F. Any conversion of an existing nonresidential structure into a residential structure containing three or more dwelling units. G. Any modification to an existing residential structure which increases the number of dwelling units in the building to three or more dwelling units. H. Any change of an existing nonresidential building from one type of use specified in this chapter to another (e.g., conversion of a commercial structure to an industrial facility or conversion from a warehouse to a restaurant). I. Any other modification to any facility or structure not set forth in the preceding subsections, for which final site plan approval was or is presently required by the terms of this chapter or any modification to any previously approved site plan, except as otherwise authorized below. 270:92 06-01 -moa § 270-185 ZONING § 270-185 §270-185. Procedure. A. The site plan process incorporates three successive stages: a) sketch plan review, b) preliminary site plan approval, and c) final site plan approval. Final site plan approval is required in all cases prior to the issuance of a building permit or certificate of occupancy. The sketch plan review is at the option of the applicant except as may be required by the Director of Planning if the proposed project is complex, has significant potential effects on the environment, or if other conditions exist such that a sketch review would be beneficial to the applicant or the Town. B. Sketch plan review. The sole purpose of sketch plan review is to review generally and informally the proposed project, advise the applicant as to whether it is reasonable to anticipate a positive response to a formal application, and to highlight any concerns that may be readily apparent to the Planning Board. No vote of approval or disapproval shall be taken with respect to a sketch plan. C. Preliminary site plan review. An applicant may, at his or her discretion, apply for preliminary site plan approval. Further, if the Planning Board determines that an application for final site plan approval is insufficient for an affirmative decision, the Board may grant preliminary site plan approval with such conditions and restrictions as are permitted by § 274-a of the Town Law or any similar or successor statute. D. Formal application. (1) Unless other requirements of this chapter govern (e.g., the procedures for creation of Planned Development Zone) the applicant shall make formal application for site plan approval by submitting, at a minimum: (a) One completed and signed development review application. (b) Applicable application fees. (c) Deposit of review fees. (d) One fully completed and signed short environmental assessment form, Part I (SEAF), or long environmental assessment form, Part I (LEAF), whichever is required. (e) Estimate of costs of site improvements (excluding cost of land acquisition and professional fees) to be prepared (preferably) by a licensed professional engineer. (f) Four full-size dark-line prints of the site plan and 25 reduced copies of all sheets of the plan (the reduced copies to be no larger than 11 inches by 17 inches) with all required information. (g) All other information required by this chapter or other laws, rules or regulations for site plan approval. (2) The application for site plan approval shall not be deemed complete until all of the above items are received by the Town Planner and the requirements of SEQR have been met. 270:93 06-01-2004 § 270-185 ITHACA CODE § 270-186 E. Upon receipt of a complete application, the Planning Board shall hold a public hearing in accordance with the provisions of Town Law § 274-a or any similar or successor applicable statutes and shall render a decision approving, approving with conditions, or disapproving the site plan. F. In making its decision, the Planning Board shall have the power to impose conditions and restrictions as authorized by§ 274-a of the Town Law or any similar or successor statute. G. If preliminary site plan approval is granted, when the developer applies for final site plan approval the same procedures shall again be utilized, except that if the final site plan is in substantial agreement with the site plan that received preliminary site plan approval, no further action under SEQR shall be required. If the final site plan differs significantly from the preliminary site plan, it shall be treated as a new application, including compliance with applicable SEQR requirements. H. In reviewing the final site plan application following preliminary site plan approval, the Planning Board shall, in the absence of significant new information, confine its review to determining whether the final plan a) conforms to the preliminary plan, b) complies with any conditions imposed by the Board in granting preliminary approval, and c) complies in all other respects with the provisions of the Town Law and this chapter. I. The owner and applicant shall be bound by the final site plan as approved by the Planning Board, and all construction and development shall occur only in accordance with the finally approved site plan, unless specifically otherwise authorized by the provisions of this chapter. §270-186. Site plan requirements. The site plan shall include the following items, and such additional items as may be reasonably requested by the Planning Board in order to fully and adequately review the application for approval of the site plan or other permit or authorization being sought, which requirements may be articulated on one or more checklists supplied to applicants for site plan approval or modification. Without limiting the authority of the Planning Board or other reviewing board of the Town with respect to additional items, the minimum items to be included are set forth below with respect to each type of site plan being reviewed. A. Sketch plan requirements. The sketch plan shall include: (1) General location in the Town of the proposed development. (2) Approximate boundaries of parcel(s) involved. (3) Existing land use and proposed land use. (4) Approximate location of existing and proposed buildings or other significant structures. (5) Approximate location of adjacent or nearby highways. (6) General topography of project area. 270:94 06-01-2004 § 270-186 ZONING § 270-186 (7) General indication of potentially significant natural or cultural features on or adjacent to the site (e.g., wetlands, creeks, steep slopes or historic structures). (8) Existing land uses of immediately adjacent properties. (9) Written explanation of the character and purpose of the proposed development including the type and density of development, water and sewer systems proposed, and general timetable for the development. B. Preliminary site plan requirements. The preliminary site plan shall include: (1) Name and address of all owners of the property and name and address of all persons who have an interest in the property, such as easements or rights-of-way. (2) Key map, when more than one sheet is required to present site plan. (3) Vicinity map showing the general location of the property, one inch = 1,000 feet or one inch= 2,000 feet. (4) Name of project, which shall not duplicate the name of any other project or subdivision in the county. (5) Name and seal of each registered land surveyor(s), engineer(s), architect(s) or landscape architect(s) who prepared any of the site plan materials, including the topographic and boundary survey, drainage plans, etc. (6) Date of site plan and any related documentation, and dates of any applicable revisions. (7) Map scale (one inch = 50 feet or one inch= 100 feet) in bar form and North point. (8) Name of Town, county and state. (9) Exact boundary lines of the tract, indicated by a heavy line, showing location and description of all monuments, giving property metes and bounds to the nearest 1/10 foot, angles to the nearest minute, and at least one bearing. (10) Location of any natural and cultural features within and immediately adjacent to the site including but not limited to streams, lakes, floodplains, ponds, wetlands, structures or sites listed, or eligible for listing, on the state or national registers of historic places, woodlands, brushlands, significant natural habitats, rare plants, viewsheds and unique natural areas, or other features pertinent to review of the proposed project. (11) Location, size, and use of all existing structures, parking areas, access drives, off-street loading areas, signs, lighting, pedestrian or bicycle facilities, landscaping, and other existing features pertinent to plan review. (12) Location, size, proposed use, design, and construction materials of all proposed structures, including floor plans, elevations from all four sides of all significant structures showing exterior configuration, dimensions, finishes, fenestrations, colors and other usual building details. 270:95 06-01-2004 § 270-186 TTHACA CODE § 270-186 (13) Location, design, dimensions and construction materials of all proposed roads, sidewalks, bike paths, parking areas, fences, retaining walls, and screening. (14) Size, location, height, design, and construction materials of all proposed signs and exterior lighting, including type of lighting fixtures and amount and area of illumination of any proposed lighting. (15) Location, design, and construction materials of all proposed pedestrian and bicycle facilities. (16) Landscaping plan and planting schedule showing locations, species, and size of proposed plantings, and existing landscaping to be retained, including also location and proposed design of any buffers. (17) Location, design, and construction materials of all proposed water and sewage facilities. (18) Locations of any existing or proposed fire and other emergency zones, including the location of fire hydrants. (19) Location, name, and dimensions of each existing highway and alley and each utility, drainage, or similar easement within, abutting, or in the immediate vicinity of the proposed project site. (20) Existing and proposed site topography represented by contour lines with intervals as required by the Planning Board, but not to exceed five feet, including a grading plan describing the volumes of cut and fill materials and their composition, and including elevations of proposed buildings, signage, lighting, and other features. (21) Drainage plan, showing of existing and proposed drainage patterns, including a description of method used for analysis, the calculation of drainage area above point of entry for each watercourse entering or abutting the site, and proposed method of on-site retention if required, and details of any drainage improvements to be made. Generally the method of analysis shall be approved by the Director of Engineering and shall assume that, unless the Planning Board determines otherwise for good cause shown, that the rate of surface and subsurface run-off from the project site will not increase during or after construction of the project. (22) Border lines bounding the sheet, one inch from the left edge and 1/2 inch from each of the other edges. All required information, including signatures, seals, dates and other information shall be within the border lines. (23) Accurate outlines and descriptions of any areas to be dedicated or reserved for public use or acquisition, with the purposes indicated thereon, and of any areas to be reserved by deed covenant for common uses of all property owners, tenants, or other users of the property in the project. (24) The plan and profile of each proposed highway in the development, with grade indicated, drawn to a scale of one inch = 50 feet horizontal, and one inch = five feet vertical, on standard plan and profile sheets. Profiles shall show accurately the 270:96 06-01-2004 § 270-186 ZONING § 270-186 profile of the highway or alley along the highway center line and location of the sidewalks, if any. (25) Reference on the site plan to any separate instruments, including restrictive covenants, which directly affect the land in the project. (26) Names and addresses of all property owners of all parcels abutting the site, or within 500 feet of the perimeter boundary of the site, including owners of easements or rights-of-way, together with tax parcel numbers for all such owners. (27) Estimate of the cost of improvements (excluding the purchase cost of land) to be prepared by a licensed professional engineer or other qualified professional satisfactory to the Planning Board. (28) Three dark-line prints of the proposed site plan and 25 copies of all sheets of the proposed site plan in reduced format (no larger than 11 inches by 17 inches) and copy of all other items required above (except development review application). (29) A certificate signed by the owner and, if applicable, any contract vendee to the effect that i) the owner owns the land, ii) the owner or contract vendee caused the land to be surveyed and the site plan to be prepared, iii) the owner (or, if applicable, the contract vendee) agrees to construct the project in the manner represented by the finally approved site plan and all related approved application documents, and iv) the owner (or, if applicable, the contract vendee) makes any dedications indicated in any of the site plan documentation and agrees and guarantees to construct any required infrastructure elements set forth on the finally approved site plan. C. Final site plan requirements. The final site plan shall include: (1) All of the items set forth above for preliminary site plan approval, modified if necessary to comply with any conditions imposed as part of the preliminary site plan approval process. (2) One original set of the final site plan drawings on Mylar, vellum or paper, signed and sealed by the registered land surveyor(s), engineer(s), architect(s) or landscape architect(s) who prepared the site plan materials, to be retained by the Town, and two sets of paper copies of the final site plan drawings. (3) Record of application for and approval status of all necessary permits from county, state, and/or federal agencies with copies of all necessary permits or approvals to be provided prior to issuance of any certificate of occupancy. (4) Design development drawings for all buildings and construction details of all other proposed structures, roads, water/sewer facilities, and other improvements, including, but not limited to, specifications for water lines, including locations and descriptions of mains, valves, hydrants, appurtenances, etc., and profiles and specifications for sanitary sewers and storm drainage facilities, including locations and descriptions of pipes, manholes, lift stations, and other facilities. 270:97 06-01-2004 § 270-186 ITHACA CODE § 270-188 (5) A certificate signed and sealed by the mortgagee(s), if any, to the effect that the mortgagee consents to the site plan, the construction of the project as shown, and the dedications and restrictions, if any, shown on or referred to on the site plan. §270-187. Waiver of requirements. The Town Board in those circumstances where a site plan is required for Town Board review, and the Planning Board in those circumstances where a site plan is provided for Planning Board review, may waive one or more items (e.g., topography) otherwise normally required to be shown on the site plan when the applicable board determines that the circumstances of the application do not require a full site plan for adequate consideration of the applicant's proposal. §270-188. Considerations for approval. The Planning Board's review of a site plan shall include as appropriate, but shall not be limited to, the following considerations: A. Adequacy, arrangement, and location of vehicular access and circulation, including intersections, road widths, pavement surfaces, off-street parking and loading areas, and traffic controls. B. Adequacy, arrangement, and location of pedestrian and bicycle traffic access and circulation, control of intersections with vehicular traffic, and appropriate provisions for handicapped persons. C. Adequacy, location, arrangement, size, design, and general site compatibility of buildings, lighting, signs, open spaces, paved areas, outdoor waste disposal facilities, and contiguity of open spaces. D. Adequacy, type, and arrangement of trees, shrubs, and other landscaping, including those on site and those constituting a visual and/or noise-deterring buffer between the applicant's and adjoining lands, including the retention of existing vegetation of value to the maximum extent possible. E. In the case of a residential property, and in the case of other properties where appropriate, the adequacy and utility of open space for playgrounds and for informal recreation. F. Compatibility of the project with the surrounding neighborhood, including protection of adjacent properties and the general public against noise, glare, unsightliness, or other objectionable features. G. Adequacy of stormwater drainage, water supply, sewage disposal facilities and other community infrastructures and services. H. Adequacy of fire lanes and other emergency provisions. I. The effect of the proposed development on environmentally sensitive areas including but not limited to wetlands, floodplains, woodlands, steep slopes, watercourses or bodies, 270:98 06-01-2004 § 270-188 ZONING § 270-191 viewsheds, unique natural habitats, and on other open space areas of importance to the neighborhood or community. J. The effect of the proposed development on any historic structures listed or eligible for listing on the National Register of Historic Places. K. The need for, and the adequacy of, any natural or man-made buffers. L. Whether the design of the project minimizes the increase of impervious surfaces on the site. M. Compliance with the Town's Comprehensive Plan, Zoning Ordinance, Subdivision Regulations, Water Resources Ordinances, if applicable, and any other applicable laws, rules, requirements, or policies. §270-189. Limitations on construction. No site plan shall be approved which provides for construction or other disturbance of land in environmentally sensitive areas, including but not limited to, wetlands, watercourses, steep slopes, unique natural areas, or rare plant or animal habitats, unless the applicant demonstrates with professional evidence reasonably satisfactory to the Planning Board that such construction may occur without adverse environmental effects upon such areas. Nothing in this subsection is intended to permit construction or other activities in areas where the same are prohibited or regulated by other laws or regulations of the federal, state, county, or local government. §270-190. Reservation of parkland on site plans containing residential units. If the proposed project includes dwelling units, the Planning Board may, in accordance with the provisions and requirements of Town Law § 274-a or any similar or successor law, require a park or parks to be shown on the site plan, or, to the extent permitted by § 274-a, monies in lieu of parkland. §270-191. Modifications of site plans. A site plan that has received final site plan approval may be modified upon the application of the owner for such modification. Such application shall be in accordance with the provisions of this article and the procedures applicable to such application shall be the same as are applicable to an initial application for site plan approval. Notwithstanding the foregoing, Planning Board approval of a modification shall not be required: A. If the modification does not involve: (1) Construction of an addition of more than 1,000 square feet of enclosed space whether on one or more stories; nor (2) Construction or relocation of more than three parking spaces nor construction or relocation of any parking spaces to an area that is not adjacent to the original planned parking area; nor 270:99 06-01-2004 § 270-191 ITHACA CODE § 270-191 (3) Construction, alterations, or renovations affecting the exterior of a building or the site anticipated to cost more than $20,000; nor (4) Construction, alteration, or renovation of the interior of a building involving a change in occupancy or use; nor (5) Enlargement of an existing or previously approved building that involves an increase of square footage of more than 15% of the existing square footage of the existing or previously approved building; nor (6) Reduction of an existing or previously approved building that involves a decrease of square footage of more than 15% of the exiting or previously approved building; nor (7) Alteration of traffic flows and access nor a significant increase in the volume of traffic; nor (8) A significant (in the judgment of the Director of Planning) change in the aesthetic appearance of any structure or site plan element including landscape and lighting details from that presented at the time of the prior approval; nor (9) A change in the impacts of the project on surrounding properties, such as an increase in noise, water run-off, light illumination, or obstructions to views; nor (10) Violation of any express conditions (including, without limitation, buffer zones, setbacks, and similar restrictions) imposed by the Planning Board in granting prior site plan approval, or B. If the modification does not involve a movement or shift of a location of one or more buildings more than two feet laterally or six inches vertically from the location or elevation shown on the final site plan where: (1) Such shift does not alter proposed traffic flows or access; and (2) Such shift does not directly violate any express conditions (including, without limitation, buffer zones, setbacks, etc.) imposed by the Planning Board in granting prior site plan approval. C. The numerical criteria for the exceptions from the requirement of obtaining Planning Board approval are an aggregate maximum [i.e., if a seven-hundred-square-foot addition is constructed without obtaining Planning Board approval pursuant to Subsection A(1) above, construction of a second addition larger than 300 square feet would require Planning Board approval of a modified site plan]. D. This waiver of the requirement of Planning Board approval is not intended to permit construction in violation of any other provision of this chapter including setback, side yard, and similar regulations, nor the requirement to obtain a building permit in those circumstances when otherwise required by the terms of this chapter or by the Building Code. 270:100 06-01-moa § 270-191 ZONING § 270-194 E. A demolition, or a proposed demolition, of an existing building, or of a previously approved building on a previously approved site plan, is a modification of a site plan subject to the terms of this section. §270-192. Letter of credit. If the Planning Board determines it is necessary to ensure that all items on the site plan that are needed to provide for adequate traffic flow, utilities, and other similar infrastructure items, are constructed in accordance with the approved final site plan and any other pertinent specifications and requirements, no building permit shall be issued for a project with an approved final site plan until the applicant has furnished to the Town Engineer an irrevocable letter of credit in an amount to be recommended by the Town Engineer and approved by the Planning Board to ensure such construction. In determining whether to require such a letter, the Planning Board shall find that such infrastructure is so integral to the project that its construction must occur in order to provide for a safe and useful environment for the community and the occupants and users of the project. The Planning Board may, in its discretion, accept in lieu of a letter of credit other evidence or promise of completion of required facilities for the site if it determines that such other evidence adequately ensures such completion. Nothing in this section shall alter any other requirement for letters of credit related to construction of facilities intended to be dedicated to the Town. §270-193. Completion of improvements. No final certificate of occupancy or certificate of compliance shall be issued until all improvements shown on the final site plan as approved by the Planning Board, reasonably necessary to the proper and safe operation and occupancy of any completed facilities, are installed or until a sufficient performance guarantee, such as a letter of credit, has been provided to the Town for improvements not yet completed. The need for, and sufficiency of, such performance guarantee shall be determined by the Town Engineer after consultation with the Building Inspector or other persons designated by the Planning Board. The Planning Board may waive the requirement for such performance guarantee if, in its discretion, it determines that the guarantee is not needed. §270-194. Expiration of site plan approval. A. Except when a rezoning has occurred based upon a preliminary or general site plan any approval of a preliminary site plan may be revoked by the Planning Board, after a public hearing and upon written notice in person or by mail to the applicant: (1) If a fully complete application for final site plan approval has not been submitted to the Planning Board within 18 months of the date preliminary approval was granted, or (2) If an application is submitted within such eighteen-month period, such application is not diligently prosecuted by the owner to enable the Planning Board to grant final site plan approval within 24 months of the date preliminary approval was granted. 270:101 06-01-2004 § 2707194 ITHACA CODE § 270-196 B. The Planning Board may, when compliance with the foregoing time periods would create a significant hardship for the owner, extend the time periods for such periods and upon such conditions as the Planning Board may reasonably determine. C. Unless work has materially commenced in accordance with the final site plan within one year from the issuance of the building permit authorizing such work, or within 36 months of the date the Planning Board gave final site plan approval, whichever is earlier, not only the building permit but the site plan approval (both final and preliminary) shall expire and the permissible uses and construction on the property shall revert to those in effect prior to the granting of any site plan approval. The Planning Board, upon request of the applicant, after a public hearing, and upon a finding that the imposition of the time limits set forth above would create an undue hardship on the applicant, may extend the time limits for such additional periods as the Planning Board may reasonably determine. An application for such extension may be made at the time of filing of the original application or at any time thereafter up to, but no later than, six months after the expiration of the time limits set forth above. (1) For the purposes of this section, work will not have "materially commenced" unless, at a minimum: (a) A building permit, if required, has been obtained; (b) Construction equipment and tools consistent with the size of the proposed work have been brought to and been used on the site; and (c) Substantial excavation (where excavation is required) or significant framing, erection, or construction (where excavation is not required) has been started and is being diligently pursued. ARTICLE XXIV Special Permits and Special Approvals §270-195. Purpose. The purpose of this article is to set forth regulations, procedures, and conditions that apply to certain permitted uses which, because of size, intensity, or other special factors, warrant special evaluation of each individual case by either the Planning Board or the Zoning Board of Appeals. §270-1%. Requirement preceding issuance of building permit or certificate of occupancy. Before a building permit or certificate of occupancy can be issued for any of the structures or activities for which either a special permit or a special approval is required, such a permit or approval shall be obtained in accordance with these and other applicable provisions. 270:102 06-01-2004 § 270-197 ZONING § 270-198 §270-197. Applicability. The requirements set forth in this article shall apply to all construction, activities, uses or developments that are referred to elsewhere in this chapter as being allowed only upon receipt of a special permit or special approval. Special permits shall be issued by the Planning Board. Special approvals shall be issued by the Zoning Board of Appeals. Any change of use of an existing structure to a use that requires a special permit or special approval shall be subject to the requirements of this article. §270-198. Procedure. A. The applicant shall have the option to make an informal presubmission presentation to the appropriate Board at which time special permit or special approval (hereafter collectively referred to as "special authorization") application requirements may be reviewed. A sketch plan or other general description should be prepared by the applicant for use at the presubmission meeting, to indicate the general nature of the proposal. B. Formal application. (1) Unless other requirements of this chapter govern the applicant shall make formal application for special authorization to the appropriate Board by submitting, at a minimum: (a) One completed and signed application form prescribed by the Board hearing the matter. If a development review application is submitted for a site plan review and special permit, no additional application shall be required. (b) Applicable application. (c) Deposit of review fees to the extent required by this chapter or any other Town law or resolution. (d) One fully completed and signed short environmental assessment form, Part I (SEAF), or long environmental assessment form, Part I (LEAF), whichever is required. (e) Such other information or documentation as may be deemed reasonably necessary or appropriate by the reviewing staff person or Board to adequately consider the application. (2) The application for special authorization shall not be deemed complete until all of the above items are received by the Town Planner (for special permits) or Town Building Code and Zoning Enforcement Officer (for special approvals) and the requirements of SEQR have been met. C. Upon receipt of a complete application, the appropriate Board shall hold a public hearing in accordance with the provisions of Town Law § 274-b or any similar or successor applicable statutes and shall render a decision approving, approving with conditions, or denying the special authorization. Such hearing may be combined with any other hearing relating to the same proposal (e.g., site plan approval and special permit hearings may be combined). 270:103 06-01-2004 § 270-198 I THACA CODE § 270-200 D. In making its decision, the reviewing Board shall have the power to impose conditions and restrictions as authorized by § 274-b of the Town Law or any similar or successor statute. § 270-199. Waiver of requirements. The reviewing Board may waive one or more of the normal application requirements when it determines that the particular circumstances do not require all of the full application materials for adequate consideration of the request for special authorization. §270-200. Considerations for approval. The reviewing Board's determination of an application for special authorization shall include findings consistent with any special criteria set forth in this chapter relating to the specific use or activity for which approval is being sought, and shall also include as appropriate, but shall not be limited to, findings that the following standards have been met: A. The health, safety, morals and general welfare of the community in harmony with the general purpose of this chapter (including the specific purposes related to the zone in which the premises are located) are being promoted, except that as to all public buildings and educational buildings wherein the principal use is research, administration, or instruction, the same shall be presumed to exist. B. The premises are reasonably adapted to the proposed use, and such use will fill a neighborhood or community need, except that all publicly owned or educational buildings are deemed to be adapted to the proposed use and are deemed to fill a neighborhood or community need. C. The proposed use and the location and design of any structure will be consistent with the character of the district in which it is located. D. The proposed use will not be detrimental to the general amenity or neighborhood character in amounts sufficient to devalue neighboring property or seriously inconvenience neighboring inhabitants. E. Operations in connection with the proposed use will not be more objectionable to nearby properties by reason of noise, fumes, vibrations, illumination, or other potential nuisance, than the operation of any permitted use in the particular zone, except that as to all public buildings, churches, and educational institutions the determination shall be whether the presumed benefit of such a use is outweighed by the objectionable impacts of such use on nearby properties. F. Community infrastructure and services, including but not limited to protective services, roadways, garbage collection, schools, and water and sewer facilities are currently, or will be, of adequate capacity to accommodate the proposed use. G. The proposed use, building design, and site layout comply with all the provisions of this chapter and, to the extent considered by the reviewing Board, with other regulations and 270:104 06-01-2004 § 270-200 ZONING § 270-202 ordinances of the Town, with the Building Code and all other state and federal laws, rules and regulations,and with the Town's Comprehensive Plan. H. The proposed access and egress for all structures and uses are safely designed and the site layout provides adequate access for emergency vehicles. I. The general effect of the proposed use upon the community as a whole, including such items as traffic load upon public streets and load upon water and sewerage systems is not detrimental to the health, safety and general welfare of the community, except that as to all public, religious and educational uses, the determination shall be whether the presumed benefit of such a use is outweighed by the detrimental effect of the proposed use upon the health, safety, and general welfare of the community. J. The lot area, access, parking, and loading facilities are sufficient for the proposed use and access, parking and loading facilities are adequately buffered to minimize their visual impact. K. Natural surface water drainage is adequately managed in accordance with good engineering practices and in accordance with any applicable Town local law or ordinance, and existing drainageways are not altered in a manner that adversely affects other properties. L. To the extent reasonably deemed relevant by the reviewing Board, the proposed use or structure complies with all the criteria applicable to site plan review set forth in this chapter. §270-201. Modifications of special permits or special approvals. A special authorization that has been issued may be modified upon the application of the owner for such modification. Such application shall be in accordance with the provisions of this article and the procedures applicable to such application shall be the same as are applicable to an initial application for a special authorization. Notwithstanding the foregoing, no approval shall be required if the change is a modification set forth in § 270-191 as not requiring approval of a modification to a site plan. The waiver of the requirement for approval of a modification to a special permit or special approval is subject to the same conditions, and subject to the same limitations as pertain to modifications to approved site plans. §270-202. Expiration of special permit or special approval. Unless work has materially commenced (as defined in § 270-194C) in accordance with the special authorization within one year from the issuance of the building permit authorizing such work, or within 36 months of the date the reviewing Board approved the special authorization, whichever is earlier, not only the building permit but the special authorization shall expire and the permissible uses and construction on the property shall revert to those in effect prior to the approval of any special authorization. The reviewing Board, upon request of the applicant, after a public hearing, and upon a finding that the imposition of the time limits 270:105 06-01-2004 § 270-202 I THACA CODE § 270-204 set forth above would create an undue hardship on the applicant, may extend the time limits for such additional periods as the reviewing Board may reasonably determine. An application for such extension may be made at the time of filing of the original application or at any time thereafter up to, but no later than, six months after the expiration of the time limits set forth above. ARTICLE XXV Nonconforming Uses §270-203. Nonconforming lots of record. A. In any zone in which a one-family dwelling is permitted, a one-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this chapter creating the nonconformity, provided: (1) Such lot was a valid, lawfully existing lot prior to the adoption or amendment of this chapter which created the nonconformity; and (2) The nonconformity of the lot relates to size or area; and (3) All other provisions of this chapter, including yard requirements, are complied with, or a variance from such compliance has been obtained from the Board of Appeals. B. In addition, upon receipt of a special approval from the Board of Appeals, a two-family dwelling may be constructed on such a lot if permitted by the regulations of the zone, subject to the conditions set forth above, and subject to any conditions (such as occupancy or dwelling unit size) that govern two-family dwellings in the zone in which the dwelling is located. § 270-204. Nonconforming uses of land. Where, at the effective date of adoption or amendment of this chapter, a lawful use of land exists that is made no longer permissible under the terms of this chapter as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions: A. Such nonconforming use must not be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter; B. Such nonconforming use must not be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this chapter; and C. If any such nonconforming use of land ceases for any reason for a period of more than one year, any subsequent use of such land must conform to the regulations specified by this chapter for the zone in which such land is located. 270:106 06-01-2004 § 270-205 ZONING § 270-206 § 270-205. Nonconforming structures. Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions: A. No such structure may be enlarged or altered in a way which increases its nonconformity. B. Should such structure be destroyed by any means, in whole or in part, it may be reconstructed in accordance with the provisions of§ 270-211 below. C. Should such structure be moved for any reason for any distance whatever, it must thereafter conform to the regulations for the zone in which it is located after it is moved. §270-206. Nonconforming uses of structures. If a lawful use of a structure, or of structure and land in combination, exists at the effective date of adoption or amendment of this chapter, that would not be allowed in the zone under the terms of this chapter as amended, the lawful use may be continued as long as it remains otherwise lawful, subject to the following provisions: A. No existing structure devoted to a use not permitted by this chapter in the zone in which it is located may be enlarged, extended, constructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the zone in which it is located or to a use permitted pursuant to § 270-210 below; B. Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this chapter, but such use must not be extended to occupy any land outside such building; C. Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use must thereafter conform to the regulations for the zone in which such structure is located, and the nonconforming use may not thereafter be resumed; D. When a nonconforming use of a structure, or structure and land in combination, ceases for a period of one year, the structure or structure and land in combination must not thereafter be used except in conformance with the regulations of the zone in which it is located; E. Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure eliminates the nonconforming status of the land; F. Where a nonconforming use exists in an area that has been or now requires site plan approval for any change of use, the nonconforming use may not be changed to any other use permitted in the zone until site plan approval has been obtained pursuant to the terms of this chapter. 270:107 06-01-2004 § 270-207 TTHACA CODE § 270-210 § 270-207. Interruption of nonconforming use. Notwithstanding the provisions above regarding cessation of nonconforming uses, for purposes of determining whether a nonconforming use has ceased for a period of one year there shall be excluded from the calculation of the year period any period of time during which a nonconforming use was suspended solely because of a national emergency or temporary government restrictions (other than zoning restrictions). Upon termination of the national emergency or the temporary government restriction, the calculation of the year period shall resume. § 270-208. Dwellings on nonconforming lots. Notwithstanding the provisions above prohibiting enlargement of nonconforming uses, if only a one-family dwelling or a legally existing two-family dwelling and related accessory buildings are present on a lot that is of a size or area less than that otherwise permitted in the zone in which the lot is located, and such lot is a valid nonconforming lot, such dwelling may be enlarged or altered provided: A. The existing dwelling is in conformance with all requirements of this chapter except for the fact that it is located on a lot that is less than the required size or area which lot was of record at the time of the adoption or amendment of this chapter creating the nonconformity; B. Such alteration or enlargement does not violate any other provisions of this chapter (e.g., yard, height, or other restrictions); and C. If such dwelling is a single-family dwelling, upon completion of such enlargement or alteration the building and lot continue to be used only as a single-family dwelling, provided, however, that upon receipt of a special approval from the Board of Appeals, a single-family dwelling may be enlarged to a two-family dwelling, subject to the conditions set forth above, and subject to any conditions (such as occupancy or dwelling unit size) that govern two-family dwellings in the zone in which the dwelling is located. §270-209. Continuation of construction. Nothing in this chapter is deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been diligently prosecuted and completed within two years after the effective date of the adoption or amendment making the use nonconforming. §270-210. Alterations in use. Except as prohibited above, and subject to the requirement of obtaining site plan approval if required, a nonconforming use may be changed to another nonconforming use of the same or more restrictive classification and when so changed to a more restrictive use, it shall not again be changed to a less restrictive use. The order of the classification of restrictiveness from the most restrictive to the least restrictive shall be as follows: 270:108 06-01-2004 § 270-210 ZONING § 270-212 Conservation Zones Agricultural Zones Low Density Residential Zones Lakefront Residential Zones Medium Density Residential Zones High Density Residential Zones Mobile Home Park Zones Multiple Residence Zones Neighborhood Commercial Zones Lakefront Commercial Zones Office Park Commercial Zones Community Commercial Zones Vehicle Fueling and Repair Commercial Zones Light Industrial Zones Industrial Zones §270-211. Restoration. A. Nothing herein shall prevent the continued use and substantial restoration and continued use of a nonconforming building damaged by fire, flood, earthquake, act of God, or act of the public enemy, provided that: (1) Such restoration is located on, and no larger than, the footprint of the structure prior to its destruction; and (2) Such restoration is completed within one year of the damage; and (3) The use of the building and the manner in which it was used prior to the loss is recommenced within one year of the damage. B. The time limits set forth above may be extended by the Board of Appeals in cases of practical difficulty or unnecessary hardship using the same criteria as are applied in determining applications for an area variance. An application for an extension shall be brought no later than six months after the expiration of the year period, or six months after the expiration of any previously granted extension. §270-212. Board of Appeals determination. The Board of Appeals shall have the jurisdiction to hear and determine any claims as to whether a particular use is a valid nonconforming use, or whether a nonconforming use has been improperly extended or enlarged, or any other matter relating to the nonconforming uses. Such jurisdiction may be exercised by an appeal from a decision of the Code Enforcement Officer as hereinafter provided, or by direct application to the Board in those instances where there is no application for a permit or certificate before the Code Enforcement Officer. Any such direct application to the Board of Appeals shall be made on such forms and contain such 270:109 06-01-2004 § 270-212 ITHACA CODE § 270-214 information as the Board and/or the Code Enforcement Officer may determine and shall be delivered to the Code Enforcement Officer for submission to the Board. § 270-213. Variance criteria. In the event an application is made to the Board of Appeals for a variance to enlarge or alter a nonconforming use, the Board shall apply the same criteria in determining the matter as would be applicable if the application had been made for property that was otherwise conforming. For example, if the application is to enlarge a building that already encroaches on a required side yard, the Board shall use the criteria applicable to considering an area variance. If the application is to change the use to another nonconforming use (which is not permitted pursuant to § 270-210 above), the Board shall use the criteria applicable to considering a use variance. §270-214. Amortization of certain nonconforming uses relating to pre-1991 residential occupancies. A. Notwithstanding any other provisions of this chapter and in an effort to provide for generally uniform limitations regarding residential occupancy throughout the residential zones of the Town, the nonconforming occupancies referred to in this section shall be terminated as set forth below. B. This section shall apply to residential occupancies in all zones in which residential occupancies are permitted or occur including any special land use zones which include occupancy of dwellings as a permitted use. C. On and after March 1, 2006, notwithstanding whether a valid nonconforming use or occupancy existed at the time of the enactment of this Chapter 270, Zoning, or at the time of any amendment to this chapter limiting occupancy (including the amendment of 1991 to an earlier version of this chapter limiting occupancy), no dwelling unit shall be occupied except in the manner specifically permitted by the applicable provisions of this chapter and any nonconforming occupancy in a dwelling unit which may have existed prior to the date of the enactment of this section shall be terminated. D. The limitations imposed by this section shall not apply to buildings for which variances from the occupancy requirements of this chapter have been granted by the Board of Appeals, either before or after the enactment of this section, or to buildings for which different occupancy requirements were established by local laws or resolutions creating or regulating multiple residence zones adopted either before or after the enactment of this section. E. A nonconforming use due to be terminated pursuant to this section may be extended upon application for a special approval for such extension from the Board of Appeals. Such approval shall not be granted unless the applicant establishes and the Board of Appeals finds that, notwithstanding the fifteen year period for amortizing a nonconforming use created by the 1991 amendment referred to above, termination of the nonconforming use would cause serious financial harm to the property owner not balanced or justified by the advantage to the public in terms of more complete and 270:110 06-01-2004 § 270-214 ZONING § 270-215 effective zoning accruing from the cessation of such use. In making this determination the Board shall consider, among other factors (including the factors set forth elsewhere in this chapter relating to the issuance of special permits or approvals), i) the nature of the nonconforming use; ii) the cost of converting to a conforming use; iii) the amount of investment that existed in the property on March 1, 1991, or if the zoning change creating the nonconformity was adopted after March 1, 1991, the amount of such investment on the date of such later zoning change; iv) the detriment caused by the nonconforming use; v) the character of the neighborhood; vi) the ability of the landowner to have amortized the cost of the landowner's investment over the period between March 1, 1991 (or such later zoning change date) and the required termination of such use; and vii) whether an additional reasonable amount of time is needed by the owner to amortize the owner's investment. In making its determination the Board shall disregard, as irrelevant, any costs for purchase of a nonconforming building or property or costs to repair, maintain, improve or enlarge a nonconforming property, incurred after March 1, 1991, or, if the nonconformity was created by a subsequent zoning change, any such costs incurred after such change. If the extension is granted, the Board of Appeals shall set a fixed additional period for the extension of time before the nonconforming use must be terminated. ARTICLE XXVI Special Regulations §270-215. Mobile homes and trailers. Trailer camps or parks and trailers or mobile homes for occupancy shall be prohibited in all zones except Mobile Home Park Zones and except as follows: A. One mobile home may be placed on a vacant lot in a residence or agricultural zone for use as temporary housing during the construction of a permanent dwelling on said lot for a period not to exceed 18 months, provided that said mobile home shall be occupied by the owner of record of said lot. (1) Such eighteen-month period may be extended by permission of the Board of Appeals, upon good cause shown by the owner of the land on which the mobile home is located, and after a public hearing on same. (2) Said mobile home must be removed upon the completion of construction although the eighteen-month time limit may not have fully expired. B. Upon special approval of the Board of Appeals to be reviewed each year, one mobile home for each property owner shall be permitted in all Agricultural and Low Density Zones, provided that one of the occupants of said mobile home shall be a full-time agricultural employee of the property owner or a bona fide agricultural student doing agricultural work for the property owner. 270:111 06-01-2004 § 270-216 ITHACA CODE § 270-216 §270-216. Elder cottages. Elder cottages shall be permitted as accessory uses, upon obtaining special approval from the Board of Appeals, and subject to the following provisions and conditions: A. Use limitations. An elder cottage shall not be occupied by more than two persons: (1) Who shall be the same persons enumerated on the application for the elder cottage, (2) Who shall be persons 55 years of age or older, and (3) At least one of such persons shall be a parent or grandparent of one of the owners and occupants of the principal dwelling on the lot where the elder cottage is located. B. Dimensional limitations: (1) The elder cottage shall not exceed 750 square feet in total floor area. (2) Notwithstanding any other provisions of this chapter, the minimum size of the elder cottage may be reduced to no less than 250 square feet of enclosed floor area. (3) The elder cottage shall not exceed one story in height and under no circumstances shall the total height exceed 20 feet. C. Location requirements: (1) An elder cottage shall, subject to the further limitations of this section, be located only on a lot where there already exists a one-family or two-family dwelling. (2) No elder cottage shall be located within the front yard of any lot. (3) No elder cottage shall be permitted on a nonconforming building lot. (4) No more than one elder cottage shall be located on any lot. (5) The erection of the elder cottage shall be otherwise in conformity with all other provisions of this chapter including lot coverage and side and rear yard setbacks. D. Building requirements: (1) An elder cottage shall be clearly subordinate to the principal building on the lot and its exterior appearance and character shall be in harmony with the existing principal building. (2) An elder cottage shall be constructed in accordance with all applicable laws, regulations, codes and ordinances, including the Building Code. If an elder cottage is a factory manufactured home or component, in addition to complying with any other law, it shall bear an insignia of approval or other equivalent, legally recognized indicia of compliance with applicable laws, issued by the New York State Fire Prevention and Building Code Council or the New York State Division of Housing and Community Renewal. 270:112 06-01-2004 § 270-216 ZONING § 270-216 (3) An elder cottage shall be constructed so as to be easily removable. The cottage's foundation shall be of easily removable materials so that the lot may be restored to its original use and appearance after removal with as little expense as possible. No permanent fencing, walls, or other structures shall be installed or modified that will hinder removal of the cottage from the lot. (4) Adequate water supply and sewage disposal arrangements shall be provided, which may include connections to such facilities of the principal building. If a cottage is located in an area where electrical, cable, and/or telephone utilities are underground, such utilities serving the elder cottage shall also be underground. (5) It shall be disclosed at the time of application whether the proposed inhabitants of an elder cottage will have a car. If so, an adequate area for parking shall be required for the expected number of cars. E. Special approval: (1) The construction or placement of an elder cottage on a lot shall not occur until special approval for same is granted by the Board of Appeals. (2) The special approval shall be for a period of one year (unless earlier terminated as hereinafter set forth) and thereafter may be renewed annually by the Building and Zoning Enforcement Officer upon receipt of an application for same provided that the circumstances obtaining at the time of the original application have not changed. (3) The special approval shall terminate 120 days after: (a) The death or permanent change of residence of the original occupant or occupants of the elder cottage, or (b) Any of the occupancy requirements set forth in this section are no longer met. (4) Without limiting other indicia of a permanent change of residence, continuous absence from the elder cottage of a person for a period of 180 consecutive days shall be considered to be a permanent change of residence. (5) During the one-hundred-twenty-day period following any of the events set forth in Subsection E(3)(a) and(b) above, the unit shall be removed and the site restored so that no visible evidence of the elder cottage and its accessory elements remains. If the elder cottage has not been removed by the end of the one-hundred-twenty-day period, in addition to the existing sanctions in this chapter, actions to insure removal may be taken, including removal and salvage by the Town with a lien imposed to defray any costs incurred. Such lien may be added to the real estate taxes applicable to the lot on which the elder cottage is located and collected in the same way as any other tax payable to the Town. F. Procedure for obtaining a special approval: I 270:113 06-01-2004 § 2701-216 ITHACA CODE § 270-216 (1) The application for original issuance of a special approval and renewal shall contain such information as the Board of Appeals or Building and Zoning Enforcement Officer may require to adequately review the qualification for granting the approval, but, for an original application shall contain at a minimum: (a) Name of owner of the lot. (b) Name of occupants of principal building. (c) Name of proposed occupants of the elder cottage. (d) Age of proposed occupants of the elder cottage. (e) Relationship of elder cottage occupants to owners and occupants of the principal building. (f) Sketch plan or survey, which shall be drawn to scale, showing: [1] Location of all existing buildings, structures, drives, walkways and the layout of utility services, [2] Proposed location and size of the elder cottage, [3] Proposed water, septic, and other utility connections, [4] Proposed landscaping and screening if any is contemplated. (g) Sketches, drawings, pictures or other materials which adequately describe the layout and appearance of the proposed elder cottage. (h) Agreement to remove the elder cottage when it no longer qualifies as such. (i) Consent for the Town to enter on the property and to remove the elder cottage if the owner fails to timely remove it, as set forth below. (2) By applying for a special approval for the erection of an elder cottage, the owner of the lot on which the elder cottage is to be located, for himself or herself, his or her heirs, successors and assigns, irrevocably consents to the entry of the Town and its authorized officials and agents upon the property, after notice and an opportunity to be heard before the Board of Appeals, for the purpose of removing the elder cottage in the event the requirements for maintenance of same are no longer met, and further agrees that any costs incurred by the Town in so removing the cottage shall become a lien upon the property on which the cottage was located subject to collection in the manner set forth above. (3) The granting of a special approval shall be governed, in addition to the provisions set forth in this section, to the general provisions relating to granting of special approvals and approval of site plans. The Board of Appeals shall have the authority, in determining whether to grant the special approval, to review the site plan and apply the criteria relating to site plan approvals that the Planning Board uses in granting site plan approvals pursuant to Sections 46 et seq. The Board of Appeals shall have the further authority when granting special approval, to impose 270:114 06-01-2004 § 270-216 ZONING § 270-217 such reasonable conditions as the Board may deem necessary to minimize the impact of the addition of an elder cottage upon the lot on which it is being located as well as the neighborhood in which it is being located. G. Limitation on variances: Notwithstanding any other provisions of this chapter there shall be no variances granted for extension of time for removal of an elder cottage except that the Board of Appeals may, upon making the same findings that would normally be required for the granting of a use variance, extend the time for removal of the elder cottage for one additional six-month period. H. Definition of 'owner:" For the purposes of this section, the term 'owner" as applied to ownership of a principal building shall mean a natural person: (1) Who owns at least a 50% interest in the real property and related buildings, whether individually or as a tenant in common; or (2) Who owns the real property and related buildings with no more than one other individual or entity as co joint tenants or tenants by the entirety, in either event each of the co joint tenants or tenants by the entirety having identical interests. §270-217. Extraction or deposit of fill and related products. A. In any zone no more than 50 cubic yards of fill, sod, loam, sand, gravel, stone or similar materials (hereinafter referred to collectively as "fill") shall be deposited or removed or offered for sale in any one year, except in connection with a public work on the property or the removal of silt or other recently accumulated material that blocks a normal flow of a watercourse, without obtaining an approval pursuant to this section. B. For the purposes of this section, movement of fill from one area on a site to another location on the site shall be considered a deposit and removal and shall be subject to the fill permit requirements of this section if the requisite volume of fill is being moved, unless such activity is an activity specifically excepted from the requirements of this section by the provisions set forth below. C. If the application is for deposit or extraction of more than 50 but less than 250 cubic yards of fill, the approval may be given by the Town Engineer. If the application is for deposit or extraction of 250 cubic yards or more, special approval shall be obtained from the Board of Appeals. D. In applying for such approval, the applicant shall submit to the Town Engineer a plan of the proposed project, showing property lines, and adjacent public ways, grades and depths of proposed deposit or removal, soil types or fill types to be deposited or removed, watercourses, erosion control during and after construction, projected duration of project, proposed regrading and replanting of the property upon completion of the operation, and such other items as the Board of Appeals or Town Engineer may require to adequately review the proposed project. E. In those cases requiring a special approval from the Board of Appeals, the Board shall not act until the Town Engineer has reviewed such plan and advised the Board that in his professional opinion the plan adequately protects the property and surrounding properties 270:115 06-01-2004 § 270-217 ITHACA CODE § 270-217 from significant adverse consequences of such deposit or removal, including, when completed, adverse drainage, erosion, visual or other adverse impacts. Before issuing a special approval, the Board shall make the same findings as are required for the Engineer's opinion. In considering the proposed use the Board shall take into account the distance of the operation from neighboring property and public ways, the possible detriment of such use to the future development of the land in question, and significant nuisance or detriment of the operation to neighboring landowners and to the community as a whole. F. The Board may impose such conditions upon the applicant as it deems necessary to protect the general welfare of the community, which may include a time limit upon operations, standards for performance, and the requirement that a performance bond be posted to insure compliance with the requirements of this chapter and with any further reasonable conditions imposed by the Board. G. In the event that the proposed movement of material involves the deposit or extraction of more than 2,500 cubic yards, the matter shall first be referred to the Planning Board for its recommendation before the Board of Appeals makes its final decision. H. Proposed movement of fill involving the deposit or extraction of less than 250 cubic yards. (1) In the event that the proposed movement of fill involves the deposit or extraction of less than 250 cubic yards, the Town Engineer may grant written approval provided that the Engineer determines, before issuing the approval, that the proposed plan: (a) Provides for appropriate erosion control during and after construction; (b) Protects against adverse drainage on the subject property and surrounding properties; (c) Provides for appropriate revegetation when necessary; (d) Provides for appropriate slope controls; and (e) Does not adversely affect properties surrounding the designated site both during and after removal or deposit of the fill. (2) The Town Engineer may impose such reasonable conditions upon the applicant as the Engineer deems necessary to protect the general welfare of the community, which may include a reasonable time limit upon operations, reasonable standards for performance, and the requirement that a performance bond or other security in a reasonable amount be posted to insure compliance with the requirements of this chapter and with any further reasonable conditions imposed by the Engineer. I. The following are excepted from the requirements set forth above: (1) Any normal building operation in connection with a legal building permit, such as excavation, filling, or grading, shall be excepted from the provisions of this section provided, however, that this exception shall apply only where the total amount of 270:116 06-01-2004 § 270-217 ZONING § 270-217 material moved from one place to another place on the construction site is less than 700 cubic yards and where the total amount of material removed from the construction site to an off-site location (or brought to the construction site from an off-site location) is less than 500 cubic yards. For the purpose of this section a "construction site" consists of the larger of the following areas: (a) An area of 30,000 square feet in which the proposed construction is to be located; or (b) The area contained within the footprint of the proposed structure plus an additional 50 feet adjacent to the perimeter of the proposed structure. (2) Removal or deposit of fill in connection with the construction of a septic field or septic system on an individual lot pursuant to a permit obtained from the Tompkins County Health Department. (3) Removal or deposit of fill in connection with construction in accordance with a site plan approved by the appropriate Town authority (e.g., Town Board, Town Planning Board or Board of Appeals) provided that such construction occurs within three years of the final approval of such authority. Notwithstanding the foregoing, if fill is being removed to or from another site in the Town, and if the plans for the removal from, or deposit on, such other site were reviewed by the Town Engineer and the Board granting such approval was advised of the results of such review and specifically included the proposed disposition of such fill in its approval, no further approval under this Section shall be required provided the construction occurs within the time limits set forth above. If the disposition of fill was not specifically approved by the applicable Board in connection with any such approvals, this exception shall not apply and the applicant shall be required to obtain special approval for the deposit or removal of fill relative to such other site in accordance with the terms of this section. (4) Removal, movement, or deposit of not more than 500 cubic yards of fill in an Agricultural Zone in any three-year period in conjunction with one or more bona fide agricultural uses. (5) Removal or deposit of fill in connection with construction of roads and other facilities in a subdivision approved in accordance with the requirements of the Town of Ithaca Planning Board provided, however, that: (a) Plans for such construction showing in sufficient detail the proposed removal and/or deposit of fill (including, when removal from or deposit on to an off-site location is contemplated, adequate plans of such off-site location showing the required information relative to the disposition or removal of fill to or from same) were submitted to the Planning Board and approved by the Town Engineer in conjunction with the subdivision approval; or (b) The Planning Board expressly waived the requirement of submission of such drawings and the total amount of fill to be either deposited or removed is less than 500 cubic yards. 270:117 06-01-2M § 270-218 ITHACA CODE § 270-219 §270-218. Limitations on vehicle repair garages and gasoline sales stations. No part of any building used as a vehicle repair garage or gasoline service station and no filling pump, lift or other service appliance shall be erected within 25 feet of any residence zone or in any required side yard. §270-219. Telecommunications facilities. A. Purpose. The purpose of these supplemental regulations is to promote health, safety, and the general welfare of the residents of the Town of Ithaca; to provide standards for the safe provision of telecommunications consistent with applicable federal and state regulations; to minimize the total number of telecommunications towers in the community by encouraging shared use of existing and future towers and the use of existing tall buildings and other high structures and by encouraging alternative technologies that would minimize the need for multiple towers; and to minimize adverse visual effects from telecommunications towers by requiring careful siting, visual impact assessment, and appropriate landscaping. B. Special permit, site plan approval and variance. So long as telecommunications facilities are deemed, under New York law, to be a utility, telecommunications facilities may be constructed anywhere in the Town of Ithaca but only if the person seeking to erect same shall have obtained a special permit and site plan approval from the Planning Board in accordance with this section and the other provisions of this chapter governing issuance of special permits and site plan approvals prior to any construction. If the proposed height of the telecommunications facility exceeds the permitted height of structures in the zoning district in which the facility is proposed to be located, notwithstanding any other provisions of this chapter, a height variance from the Board of Appeals shall also be required. C. General criteria. No special permit or renewal thereof or modification of a current special permit relating to a telecommunications facility shall be authorized by the Planning Board unless it finds that such telecommunications facility: (1) Is necessary to meet current or reasonably expected demands for services; (2) Conforms with all federal and state laws and all applicable rules or regulations promulgated by the Federal Communications Commission (the FCC), Federal Aviation Administration (the FAA), or any other federal agencies having jurisdiction; (3) Is considered a public utility in the State of New York; (4) Is sited, designed and constructed in a manner which minimizes i) visual impact to the extent practical and ii) adverse impacts upon migratory and other birds and other wildlife; (5) Complies with all other requirements of this chapter, unless expressly superseded herein; 270:118 06-01-2004 § 270-219 ZONING § 270-219 (6) Is the most appropriate site among those available within the technically feasible area for the location of a telecommunications facility; (7) When including the construction of a tower, such tower is designed to accommodate future shared use by at least two other telecommunication service providers. Any subsequent location of telecommunication equipment by other service providers on existing towers specifically designed for shared use shall not require a new or modified special permit if there would be no increase in the height of the tower and if the tower's original design was adequate to accommodate the proposed additional equipment. However, the additional equipment will require site plan review and issuance of a building permit before construction occurs. At the option of the Building and Zoning Enforcement Officer there may be required, before issuance of a building permit, an engineer's certificate or report to the effect that with the proposed additional equipment the existing tower continues to be safe and meets all then currently applicable design and construction criteria in accordance with generally accepted good engineering practices and generally accepted industry standards. D. Co-location. (1) The shared use of existing telecommunications facilities or other structures shall be preferred to the construction of new facilities. Any special permit application, renewal or modification thereof shall include proof that reasonable efforts have been made to co-locate within an existing telecommunications facility or upon an existing structure. The application shall include an adequate inventory report specifying existing telecommunications facility sites and structures exceeding 75% of the height of the proposed tower within the search range of the cell grid. The inventory report shall contain an evaluation of opportunities for shared use as an alternative to the proposed location. (2) The applicant must demonstrate that the proposed telecommunications facility cannot be accommodated on existing telecommunications facility sites in the inventory due to one or more of the following reasons: (a) The planned equipment would exceed the structural capacity of existing and approved telecommunications facilities or other structures, considering existing and reasonably anticipated future use for those facilities; (b) The planned equipment would cause radio frequency interference with other existing or planned equipment, which cannot be reasonably prevented; (c) Existing or approved telecommunications facilities or other structures do not have space and cannot be modified to provide space on which proposed equipment can be placed so it can function effectively and reasonably; (d) Other technical reasons make it impracticable to place the equipment proposed by the applicant on existing facilities or structures; (e) The property owner or owner of the existing telecommunications facility or other structure refuses to allow such co-location. 270:119 06-01-2004 § 270-219 I THACA CODE § 270-219 E. Priority of siting locations. In determining whether a site is appropriate, and if it is determined a need exists for the telecommunications facility, the preferential order of location, to the extent the same may be, or may be made, technically feasible, is as follows: (1) Co-located on existing telecommunications towers; (2) Co-located on any other existing radio or other tower that would not require any increase in height nor significant noticeable structural additions to accommodate the telecommunications facility; (3) Within any industrial zones or existing planned development zones that permit industrial activities; (4) Within any light industrial zones or existing planned development zones that permit light industrial activities; (5) Within any existing community commercial zones or existing planned development zones which permits all of the activities permitted in a community commercial zone; (6) On any other property in the Town. F. Dimensional standards. (1) A fall zone around any tower constructed as part of a telecommunications facility must have a radius at least equal to the height of the tower and any attached antennae. The entire fall zone may not include public roads and must be located on property either owned or leased by the applicant or for which the applicant has obtained an easement, and may not, except as set forth below, contain any structure other than those associated with the telecommunications facility. If the facility is attached to an existing structure, relief may be granted by specific permission of the Planning Board on a case-by-case basis if it is determined by such Board after submission of competent evidence, that the waiver of this requirement will not endanger the life, health, welfare or property of any person. In granting any such waiver, the Board may impose any conditions reasonably necessary to protect the public or other property from potential injury. (2) All telecommunication facilities shall be located on a single parcel. (3) All telecommunication facilities shall comply with the setback, frontage, minimum lot size, and yard standards of the underlying zoning district and the fall zone requirements of this article. To the extent there is a conflict, the more restrictive provision shall govern. The size of the leased or owned lot, together with any land over which the applicant has obtained an easement, shall be, at a minimum, sufficiently large to include the entire fall zone. All lots leased or owned for the purpose of construction of a tower as part of telecommunications facility shall conform, at a minimum, to the lot size requirements of the underlying zoning district or the size of lot necessary to encompass the entire fall zone (to the extent easements for any part of the fall zone that extends outside the minimum lot size 270:120 06-01-2004 § 270-219 ZONING § 270-219 permitted in the zoning district have not been obtained), whichever requirement results in a larger lot. (4) Notwithstanding provisions to the contrary of any other article of this chapter, the front, side, and rear yard requirements of the underlying zoning district in which a telecommunications facility is erected shall apply not only to a tower, but also to all tower parts including guy wires and anchors, and to any accessory buildings. G. Lighting and marking. (1) Towers shall not be artificially lighted and marked beyond the requirements of the FAA. (2) Notwithstanding the preceding subsection, an applicant may be compelled to add FAA-style lighting and marking, if in the judgment of the Planning Board, such a requirement would be of direct benefit to public safety and would not unduly adversely affect residents of any surrounding property. H. Appearance and buffering. (1) The use of any portion of a telecommunications facility for signs, promotional or advertising purposes, including but not limited to company name, phone numbers, banners, streamers, and balloons is prohibited. (2) The facility shall have the least practical visual effect on the environment, as determined by the Planning Board. Any tower that is not subject to FAA marking as set forth above shall otherwise: (a) Have a galvanized finish, or shall be painted gray above the surrounding tree line and gray or green below the tree line, as deemed appropriate by the Planning Board, or (b) Be disguised or camouflaged to blend in with the surroundings, to the extent that such alteration does not impair the ability of the facility to perform its designed function. (3) Accessory structures shall maximize the use of building materials, colors, and textures designed to blend in with the natural surroundings. (4) Each application for a proposed facility shall be accompanied by a SEQR full environmental assessment form ("full EAF"). A visual environmental assessment form ("visual EAF") shall be required as an addendum to the full EAF. The Planning Board may require submittal of a more detailed visual analysis based on the contents of the visual EAF. (5) The facility shall have appropriate vegetative buffering, reasonably satisfactory to the Planning Board, around the fences of the tower base area, accessory structures and the anchor points of guyed towers to buffer their view from neighboring residences, recreation areas, or public roads. The Planning Board may similarly require screening adjacent to waterways, landmarks, refuges, community facilities, or conservation or historic areas within common view of the public. 270:121 06-01-2004 § 270-219 ITHACA CODE § 270-219 (6) Without limiting the requirements of the preceding subsection, existing on-site vegetation shall be preserved to the maximum extent possible, and no cutting of trees exceeding four inches in diameter (measured at a height of four feet off the ground) shall occur in connection with the telecommunications facility prior to the granting of special permit and site plan approval. Clear cutting of all trees in a single contiguous area exceeding 20,000 square feet shall be prohibited. (7) The Planning Board may require additional information, such as line-of-sight drawings, detailed elevation maps, visual simulations, before and after renderings, and alternate tower designs to more clearly identify adverse impacts for the purpose of their mitigation. (8) Equipment or vehicles not used in direct support, renovations, additions or repair of any telecommunications facility shall not be stored or parked on the facility site. I. Access and parking. (1) Accessways shall make maximum use of existing public or private roads to the extent practicable. New accessways constructed solely for telecommunication facilities must be at least 12, but no more than 24 feet wide, and closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential. (2) The road surface (driveways) shall be centered within accessways and shall not comprise more than 60% of the width of the accessway. (3) Parking areas shall be sufficient to accommodate the usual number of service vehicles expected on the premises at any one time. Space off of public highways shall be provided (not necessarily in parking areas) to accommodate the greatest number of service vehicles expected on the premises at any one time. (4) Driveways or parking areas shall provide adequate interior turnaround, such that service vehicles will not have to back out onto a public thoroughfare. J. Security. (1) Towers, anchor points of guyed towers, and accessory structures shall each be surrounded by fencing at least eight feet in height, the top foot of which may, at the discretion of the Planning Board in deference to the character of the neighborhood, be comprised of three-strands of barbed wire to discourage unauthorized access to the site. The Planning Board may waive the requirement of fencing if, in its discretion, it determines that other forms of security are adequate, or that, by reason of location or occupancy, security will not be significantly compromised by the omission, or reduction in size, of the otherwise required fencing. (2) Motion-activated or staff-activated security lighting around the base of a tower or accessory structure entrance may be provided if such lighting does not project off the site. Such lighting should only occur when the area within the fenced perimeters has been entered. 270:122 06-01-2004 § 270-219 ZONING § 270-219 (3) There shall be no permanent climbing pegs within 15 feet of the ground of any tower. (4) A locked gate at the junction of the accessway and a public thoroughfare may be required to obstruct entry by unauthorized vehicles. Such gate must not protrude into the public right-of-way. K. Engineering and maintenance. (1) Site plans for all telecommunication facilities must bear the seal of a professional engineer licensed to practice in the State of New York. Every facility shall be built, operated and maintained to acceptable industry standards, including but not limited to the most recent, applicable standards of the Institute of Electric and Electronic Engineers (IEEE) and the American National Standards Institute (ANSI). (2) Every facility shall be inspected at least every second year for structural integrity by a New York State licensed engineer. A copy of the inspection report shall be submitted to the Building and Zoning Enforcement Officer. Any unsafe condition revealed by such report shall be corrected within 10 days of notification of same to the record landowner on which the facility is constructed. The time period for correction may, on application of the landowner or owner of the facility, be extended by the Planning Board if it is impracticable to complete the correction within said 10 days and if there is no imminent danger to life, limb, or other person's property. If the unsafe condition is not corrected within the applicable time period, or if the required inspection is not provided to the Town the special permit for construction of the facility may, after a hearing by the Planning Board on at least 10 days' prior notice to the landowner of record given by certified mail, return receipt requested, or other equally effective manner of providing notice, be revoked by such Board. Revocation may occur only if the Board finds either a) that the required inspection has not been provided or b) that there is an unsafe condition which poses a risk of bodily injury or significant property damage. Upon such revocation, the facility shall be removed or dismantled to the point of removing all unsafe conditions. (3) A safety analysis by a qualified professional must accompany any special permit or site plan application, renewal thereof or modification, for the purpose of certifying that general public electromagnetic radiation exposure does not exceed standards set by the FCC or any permit granted by FCC. (4) The municipality, at the expense of the applicant, may employ its own consultants to examine the application and related documentation. In addition, the applicant shall reimburse the Town for the costs of the Town, including the time of the Building and Zoning Enforcement Officer, in reviewing the application. The consultants that the Town may retain include, but are not limited to, professional structural and/or electrical engineers, attorneys, and other experts reasonably required by the Town to competently and fully evaluate any application and the resulting construction. Such consultants may be requested, among other matters, to make recommendations as to whether the criteria for granting the special permit 270:123 06-01-2004 § 270-219 ITHACA CODE § 270-219 have been met, including whether the applicant's-conclusions regarding need, co-location, safety analysis, visual analysis, and structural inspection, are valid and supported by generally accepted and reliable engineering and technical data and standards, and whether the telecommunications facility as constructed is in compliance with the approved plans and in accordance with generally accepted good engineering practices and industry standards. (5) To assure sufficient funds are available to the Town to pay for the consultants referred to in the preceding subsection, any applicant shall be required to deposit review fees in escrow, in accordance with the terms of any Town of Ithaca law, ordinance or resolution, as the same may be amended from time to time. Notwithstanding the provisions of any such law, ordinance or resolution, the minimum initial escrow deposit for any telecommunication facility application which anticipates construction of any type of tower shall be $5,000 or the minimum prescribed by such law, ordinance or resolution as in effect at the date of the application, whichever is greater. L. Removal. (1) At the time of submittal of the application for a special permit for a telecommunications facility, the applicant shall submit an agreement to remove all antennas, driveways, structures, buildings, equipment sheds, lighting, utilities, fencing, gates, accessory equipment or structures, as well as any tower(s) dedicated solely for use within a telecommunications facility if such facility becomes technologically obsolete or ceases to perform its originally intended function for more than 12 consecutive months. Upon removal of said facility, the land shall be restored to its previous condition, including but not limited to the seeding of exposed soils. (2) At the time of obtaining a building permit, the applicant must provide a financial security bond for removal of the telecommunications facility and property restoration, with the municipality as the assignee, in an amount approved by the Planning Board, but not less than $50,000. (3) At times of modification of the special permit, the Planning Board may adjust the required amount of the financial security bond to adequately cover increases in the cost of removal of the telecommunications facility and property restoration. M. Application. The application for a special permit for the construction of a telecommunications facility shall include, without altering any other application requirements set forth in this article or elsewhere in this chapter: (1) A completed project application form in such detail and containing such information as the Town Planning Board may require. (2) Completed full EAF and visual EAF. (3) Site plan in accordance with the requirements for site plans generally, and if more detailed, in accordance with the site plan requirements of this section including, without limitation: 270:124 06-01 -2004 § 270-219 ZONING § 270-219 (a) The exact location including geographic coordinates of the proposed telecommunications facility including any towers, guy wires and anchors, if applicable; (b) The maximum height of the proposed facility, including all appurtenances; (c) A detail of tower type, if any, including engineering drawings from the tower manufacturer(monopole, guyed, freestanding, or other); (d) The location, type and intensity of any lighting on the tower; (e) Property boundaries and names of all adjacent landowners; (f) Proof of the landowner's consent to the erection of the facility and agreement to abide by the ordinance if the applicant is not the landowner; (g) The location of all other structures on the property and all structures on any adjacent property within 100 feet of the property lines, together with the distance of these structures from any proposed tower; (h) The location, nature and extent of any proposed fencing, landscaping and screening, (i) The location and nature of any proposed utility easements and access roads or drives; and (j) Engineer's certification that the telecommunication facility and all related components have been designed in accordance with generally accepted good engineering practices and in accordance with generally accepted industry standards, and if constructed in accordance with the plans the entire facility (including the soils of the site itself) will be safe, will be in accordance with all applicable governmental building codes, laws and regulations and in accordance with generally accepted good engineering practices and industry standards, including without limitation, acceptable standards as to stability, wind and ice loads, and bird protection. (4) Agreement that the applicant will negotiate in good faith with any subsequent applicant seeking to co-locate a telecommunications facility on the initial applicant's structures. This agreement shall commit the initial applicant and landowner and their respective successors in interest to: (a) Respond in a timely, comprehensive manner to a request for information from a potential shared-use applicant. (b) Negotiate in good faith for shared use by third parties. (c) Allow shared use if an applicant agrees in writing to pay reasonable charges for same. (d) Make no more than a reasonable charge for shared use, based upon generally accepted accounting principles. The charge may include but is not limited to a pro rata share of the cost of site selection, planning, project administration, 270:125 06-01-2004 § 2707219 I THACA CODE § 270-221 land costs, site design, construction and maintenance, financing, return on equity, and depreciation, and all of the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference or causing uses on the site to emit electromagnetic radiation in excess of levels permitted by the FCC. (5) The agreement for removal of the facility referred to above. (6) Copies of all documents submitted to the FCC or any other governmental agency having jurisdiction. (7) Any applicable application or other fees, including any deposits required by the Town for application to the costs of any consultants retained by the Town as provided above. N. Miscellaneous. (1) Any special permit or site plan permit granted hereunder shall be valid only for the dimensions and number of structures for the telecommunications facility contained in original application as so approved. Any subsequent changes or modifications shall require a new application for same following the procedures set forth in this section. (2) In considering the application the Planning Board may, if the application is granted, impose such reasonable conditions as either body may deem necessary to minimize any adverse impacts of the facility or its construction, or to assure continued compliance with the terms of this chapter. (3) Whenever reference is made to an engineer's certificate or report in this section, the same shall be provided by a professional engineer licensed in the State of New York who is reasonably satisfactory to the Planning Board. ARTICLE XXVII General Provisions §270-220. Building floor area. No dwelling in any zone shall be erected or altered so as to provide for less than 600 square feet of net enclosed floor area. §270-221. Side yard on corner lot. On a comer lot in a residence zone the yard width on the side street shall be at least 1/2 the required front yard for adjoining properties on the side street, but in no event less than 10 feet On a corner lot in any other zone, the yard depth on both streets shall be equal to the required front yard for adjoining properties on both streets. 270:126 06-01 -2004 § 270-222 ZONING § 270-226 §270-222. Porches and carports. In determining the percentage of building coverage or the size of yards for the purpose of this chapter, porches and carports, open at the sides but roofed, shall be considered a part of the building. § 270-223. Fences and walls. The provisions of this chapter shall not apply to fences or walls, not over six feet high above the natural grade, nor to terraces, steps, unroofed porches, or other similar features not over three feet above the level of the floor of the ground story or three feet above grade, whichever is lower. §270-224. Projections in yards. A. Every part of a required yard shall be open from its lowest point to the sky unobstructed, except for the ordinary projection of sills, belt courses, pilasters, leaders, chimneys, cornices, eaves and ornamental features, provided that no such projection may extend more than four feet into any required yard. B. Bays including their cornices and eaves, may extend not more than four feet into any required yard provided that the sum of such projections on any wall shall not exceed 1/3 the length of such wall. C. An open fire balcony or fire escape may extend not more than four feet into any required yard. §270-225. Reduction of lot area. No lot shall hereafter be reduced or altered so as to result in a lot or structure that does not meet the minimum area and yard requirements of this chapter. In the event a lot upon which stands a building is changed in size or shape, without an appropriate approval or variance, so that the area and yard requirements of this chapter are no longer complied with, such building shall not thereafter be occupied or used until it is altered, reconstructed or relocated so as to comply with these requirements. The provisions of this Section shall not apply when a portion of a lot is taken for a public purpose. §270-226. More than one building on a lot. Other than in a Multiple Residence Zone, there shall not be more than one principal building on any lot in any residential zone (the term "residential zone" for the purposes of this section means Low Density, Lakefront, Medium Density, High Density, and Multiple Residential Zones and Conservation Zones). When there is more than one principal building on a lot in any nonresidential zone or in a Multiple Residence Zone, the space between such buildings must be at least equal to the sum of the side yards, or the sum of the rear and the front yards, as the case may be, calculated as if each building was located on its own individual lot in such zone. 270:127 06-01-2004 § 270-227 ITHACA CODE § 270-227 §270-227. Parking facilities. A. All zones. The following provisions apply to all zones unless there are express provisions applicable to a specific zone set forth below or elsewhere in this chapter, in which event the express provision shall govern. (1) If permitted or existing in a zone, the following uses shall be provided with the following off-street parking facilities: (a) School or other educational institutions: Two spaces for each class room. (b) Hospital, sanitarium or nursing or convalescent home: One space for each two beds. (c) Medical clinic: Four spaces for each doctor, or for each office in which a medically-trained person is regularly in attendance, whichever figure is larger. (d) Rooming house, tourist house or bed-and-breakfast: One space for each room offered to rent. (e) Fraternity or sorority house or membership club: One space for each four beds, or one space for each five members, whichever figure is larger. (f) Churches or other houses of worship: One space for each four seats or one space for each five members, whichever figure is larger. (g) Research and development facilities: One space for each 300 square feet of gross floor area or one space per employee, whichever yields the higher number of spaces. (h) Multifamily dwellings: Every building in any zone housing or designed to house more than two families shall provide in connection with it and on the same lot garage space or off-street parking space for automobiles equivalent to the number of dwelling units provided in such dwellings, plus one space for every three dwelling units. (2) Notwithstanding any other provisions of this chapter, if an existing or proposed project permitted in any zone (including the uses set forth in Subsection A(1) above as well as the uses referred to in various zones referenced below) meets the following criteria, the Planning Board may authorize the required minimum number of parking spaces to be reduced by no more than 20%. The criteria are: that the reduction in the number of parking spaces will not adversely affect traffic flow on the project site, will leave adequate parking for all of the reasonably anticipated uses or occupancies in the project, and will not otherwise adversely affect the general welfare of the community. (3) If the Planning Board permits a reduction in the required number of parking spaces, the Planning Board may impose such reasonable conditions as may, in the judgment of the Planning Board, be necessary to assure that such reduction will meet the criteria set forth above. In any event, unless expressly waived by the 270:128 06-01 -2004 § 270-227 ZONING § 270-227 Planning Board, such reduction shall be subject to the following additional conditions: (a) Any space that is made available by the reduction in the required number of parking spaces may not be used for construction of any structures. (b) Any land made available by virtue of such reduction be landscaped with grass or other vegetation approved by the Planning Board. (c) If, any time within five years after construction of the project is completed (completion of construction to be the date a permanent certificate of occupancy has been issued by the Town for the entire project), the parking is found to be inadequate because: [1] The demand for parking spaces on the project site exceeds on more than two occasions annually the number of parking spaces available; or [2] The traffic flow through the parking area creates an undesirable or hazardous condition by reason of the reduction of parking spaces; or [3] There is repeatedly undue congestion in the parking areas by reason of the reduction of parking spaces; Then the developer or subsequent owner of the project will install additional parking spaces up to the minimum number that would have been otherwise required by the terms of this chapter without granting any reduction. Unless waived by the Planning Board, the granting of the requested reduction in parking shall be conditioned on the developer or applicant executing an agreement in form acceptable to the Planning Board and acceptable for recording in the Tompkins County Clerk's office agreeing to install the additional parking spaces as may be required by the above conditions. (d) In the event there is (whether before or after the five-year period set forth above) any significant change in use, or a subdivision of the project site, or a sale of a portion of the site, with respect to which a reduction in the required number of parking spaces has been granted, such change, subdivision, or sale may be conditioned upon a requirement that additional parking spaces be required up to the minimum that would have otherwise been required but for the reduction granted pursuant to these provisions. (e) Parking spaces shall be surfaced with blacktop, compacted gravel, or other dust-free material, and must be graded so as to drain properly. (4) The Planning Board, in conducting site plan reviews, is authorized, for good cause shown and providing there is no adverse effects on the project, on the surrounding properties, or on the neighborhood, to allow a reduction of the standard size of a parking space to less than the otherwise required 180 square feet, exclusive of circulation and turning areas. 270:129 06-01-2004 § 270-227 ITHACA CODE § 270-227 B. All zones except Mobile Home Park Zones: (1) If permitted or existing in a zone, the following uses shall be provided with the following off-street parking facilities: (a) One- and two-family dwellings: Two garage or off-street parking spaces for each dwelling unit. No parking shall be located more than 200 feet from the dwelling unit it is intended to serve. Notwithstanding any other provision herein, off-street parking spaces outside of garages may be located in any required front yard provided that no more than 15% of any required front yard is so occupied. (b) Buildings with more than two dwelling units: One garage or lot parking space shall be provided for each dwelling unit, plus one additional lot space for every three dwelling units. No parking shall be located farther than 200 feet from the dwelling unit it is intended to serve. (c) Any of the uses specifically enumerated below in Commercial Zones: The same number of spaces as are required in a Commercial Zone. (2) Unless authorized by the Planning Board during site plan review processes, or by the Board of Appeals as a variance, no parking is permitted in any required front, side or rear yard. (3) The Planning Board is authorized to permit parking in a required front, side or rear yard in course of considering site plan approval, provided the Planning Board finds: (a) That the particular use, nature, or location of the proposed project or building, requires that parking be in one of such yards; (b) It is not practicable to limit parking to areas outside the required yards; (c) Parking in such yards does not significantly adversely affect adjacent properties or the character of the neighborhood; and (d) No such parking will occur in any buffer areas. (4) In conducting any required site plan review, if the Planning Board finds, utilizing the site plan criteria set forth elsewhere in this chapter, that the particular use, nature, or location of the project under review, or other circumstances, require that parking be to the rear of the principal building on the site to mitigate or avoid adverse effects on the project, on adjacent properties, or on the neighborhood generally, the Planning Board shall have the authority to require the parking to be so located. C. Agricultural Zones: (1) Agricultural activities other than set forth below: A minimum of one parking space shall be provided for every two employees or, in the case of uses authorized by special permit only, one space for each 2,500 square feet of interior floor area, 270:130 06-01-2M § 270-227 ZONING § 270-227 excluding basements used for storage, whichever results in the larger number of required spaces. (2) Dwelling units: As set forth above in Subsection B entitled "All zones except Mobile Home Park Zones." (3) Retail sales or roadside stands: one space for each 200 square feet of enclosed floor area. D. Mobile Home Park Zones. (1) Dwelling units: One garage or lot parking space shall be provided for each mobile home, plus one additional lot space for each three mobile homes. No parking lot shall be located farther than 100 feet from the dwelling unit it is intended to serve. Parking spaces and access to same shall be paved with asphalt, concrete, or other solid material. (2) Any of the uses referred to above in Subsection A entitled "All zones": The number of spaces required by the terms of Subsection A entitled "All zones." (3) Any of the uses specifically enumerated below in Subsection E entitled "Commercial Zones": The same number of spaces as are required by the terms of Subsection E entitled "Commercial Zones." E. Commercial Zones. Parking requirements shall be as follows: (1) Commercial buildings: A minimum of 300 square feet of parking area, including lanes and driveways, shall be provided for each 100 square feet of floor area, excluding basements used for storage, except in the case of the following uses, for which off-street parking shall be provided in accordance with the following schedule: (a) Office or bank building: One space for each 200 square feet of office or bank floor area. (b) Auditorium, stadium, theater, or other place of public assembly; funeral home or mortuary; or restaurant: One space for each five seats. (c) Bowling alley: Three spaces for each lane. (d) Retail store: One space for each 200 square feet of ground floor plus one space for each 500 feet of sales area on all other floors combined. (e) Hotel, motel: One space for each guest room, which space must be available at night. (f) Skating rink and dance hall: Parking spaces equal in number to 20% of the maximum capacity of the facility (maximum number of persons) authorized for fire protection purposes. F. Light Industrial Zones. Light industrial buildings: A minimum of one parking space shall be provided for every two employees or one space for each 1,200 square feet of interior 270:131 06-01-2004 § 270-227 ITHACA CODE § 270-230 floor area, excluding basements used for storage, whichever results in the larger number of required spaces, except in the case of the following uses for which off-street parking shall be provided as follows: (1) Office building: One space for each 200 square feet of office floor area. (2) Warehouse: One space for each two employees or one space for each 2,500 square feet of interior space, whichever is greater. G. Industrial Zones. Industrial Buildings: A minimum of one parking space shall be provided for every two employees or one space for each 1,200 square feet of interior floor area, excluding basements used for storage, whichever results in the larger number of required spaces, except in the case of the following use for which off-street parking shall be provided as follows: (1) Office building: One space for each 200 square feet of office floor area. (2) Warehouse: One space for each two employees or one space for each 2,500 square feet of interior space, whichever requires the greater number of parking spaces. §270-228. Approval of County Health Department. No building permit, special permit, special approval, or certificate of occupancy issued under the terms of this chapter shall become or remain valid unless the holder thereof complied with rules and regulations of the Tompkins County Health Department under the terms of the Tompkins County Sanitary Code. Where minimum lot sizes are specified in this chapter, the same shall be subject to the approval of the Tompkins County Health Department or any successor agency, and if such Department or successor requires larger lots to comply with the County Sanitary Code or any other local, county, state or federal law, rule or regulation, the requirements of such Department or successor shall govern. §270-229. Abandoned cellar holes and buildings. Within one year after work on any excavation for a building has begun, any excavation for a building shall be covered over or refilled by the owner to the normal grade. Any building substantially destroyed by any cause shall be rebuilt or demolished within one year. Any excavation or cellar holes remaining after the demolition or destruction of a building from any cause shall be covered over or filled by the owner within one year. § 270-230. Agricultural lands in County Agricultural Districts. A. Notwithstanding any other provisions of this chapter, mobile homes may be located in any zone on or adjacent to lands used in agricultural production located in an Agricultural District created pursuant to Agriculture and Markets Law § 303 or any replacement or successor statute (such homes being sometimes hereafter referred to as "farm labor homes" and such districts sometimes being referred to as a "County Agricultural District") subject to the following: 270:132 06-01-2004 § 270-230 ZONING § 270-231 (1) Such mobile home shall be physically located within a County Agricultural District. (2) If more than one mobile home is to be located on a farm, no building permit shall be issued for such second or additional mobile home unless the proposed mobile home is shown on, and located in accordance with, a site plan approved pursuant to the provisions of Article XXIII. (3) Such mobile home shall only be used in connection with the operation of a farm and shall be leased to, or occupied by, only persons who are, or families at least one member of which is, employed by the farm operator operating the lands on which the mobile home is located. (4) In conducting the site plan review, in addition to any other authority granted the Planning Board by this chapter, the Board is authorized to reduce the minimum lot size from that otherwise required by the terms of this chapter to the minimum permitted by the Tompkins County Health Department, if on-site septic systems are to be used, or 15,000 square feet, whichever is larger. (5) The farm labor home shall be subject to the same residential setback and other yard requirements of the zone in which the same is located. (6) The provisions prohibiting more than one principal building on a lot are waived for farm labor homes in a County Agricultural District. (7) Such mobile home shall be removed if not utilized for housing farm laborers for three or more successive years, or if the property on which the mobile home is located ceases to be a farm operation for a period of three or more years. (8) Any site plan approval granted under this section shall be for a period requested by the applicant, but in no event longer than five years, provided that the same shall be renewed for additional periods of up to five years each upon application of the farm operator if the conditions relating to the granting of the initial site plan approval still exist. B. For the purpose of this section, the term "land used in agricultural production" shall have the same meaning as set forth in Agriculture and Markets Law § 301 (4) or any replacement or successor statute. ARTICLE XXVIII Administration §270-231. Enforcement. This chapter shall be enforced by the Director of Building and Zoning or any other person designated by the Town Board, and duly appointed deputies, all herein collectively referred to from time to time as the Code Enforcement Officer. 270:133 06-01 -2004 § 270-232 ITHACA CODE § 270-233 §270-232. Applications for approvals, remedies or relief. Every applicant for any approval, remedy or any other relief under this article or any other article of this Zoning Chapter shall disclose the information required by § 809 of the General Municipal Law. §270-233. Permit to build. A. No principal building or accessory building, nor any other structure, including but not limited to, tanks, power and pump stations, swimming pools, and signs (except as permitted by Chapter 221, Signs, of the Code of the Town of Ithaca), in any district, shall be begun, erected, constructed, enlarged, improved, renovated, repaired, or altered, without a permit to build, issued by the Code Enforcement Officer, except that no building permit shall be required for: (1) Repairs, alterations, or renovations to existing buildings provided that the repairs, alterations, or renovations: (a) Cost less than $10,000; (b) Do not materially affect structural features of the building; (c) Do not affect fire safety features such as smoke detectors, sprinklers, required fire separations and exits; (d) Do not involve the installation or extension of electrical, plumbing, or heating systems; (e) Do not include the installation of solid fuel burning heating appliances and associated chimneys and flues; and (f) In the case of buildings that are subject to site plan approval procedures, do not materially alter the exterior appearance of the building. (2) An accessory building in an agricultural or residential district, provided that such building: (a) Costs less than $3,000; (b) Is less than 12 feet in height; (c) Does not involve the installation or extension of electrical, plumbing, or heating systems; and (d) Does not include the installation of solid fuel burning heating appliances and associated chimneys and flues. (3) Parking spaces in Lakefront Residential Zones, Low, Medium, and High Density Residential Zones, Mobile Home Park Zones, Conservation Zones and Agricultural Zones provided that such parking spaces cost less than $10,000. 270:134 06-01-2004 § 270-233 ZONING § 270-234 B. This waiver of the permit to build requirement for alterations, accessory buildings, and parking spaces shall in no case relieve the property owner from compliance with other provisions of this chapter or of the New York State Uniform Fire Prevention and Building Code, or any successor ordinances or statutes. C. No permit to build shall be issued except pursuant to written order of the Board of Appeals, where the proposed construction, alteration, or use would be in violation of any provision of this chapter. No such permit shall be issued,except pursuant to written order of the appropriate authority granting variances where the proposed construction, alteration, or use would be in violation of any provision of the New York State Uniform Fire Prevention and Building Code or any successor statute. D. Every application for a building permit shall state in writing the intended use of the building and shall be accompanied by a plot plan with all dimensions shown indicating the size and shape of the lot and buildings. E. Every such application for a building permit shall also contain additional information such as the intended number of occupants, the number of rooms, statement as to whether any portion will be occupied by the owner or will be leased, and such application shall be accompanied by an interior plan showing number and layout of rooms, and such application and such plan shall contain such additional information as may be reasonably required by the Code Enforcement Officer or as may be required from time to time by the Town Board. F. Every application for a building permit shall be accompanied by a fee computed in accordance with the most recent local law, ordinance, or resolution adopted by the Town Board establishing such fees, including, without limitation, Chapter 153, Fees, of the Code of the Town of Ithaca (i.e., the local law regarding same adopted on or about December 12, 1994, to be effective January 1, 1995), as the same may have been subsequently amended. G. Unless there has been substantial progress in the work for which a building permit was issued, said building permit shall expire one year from the date of issue. §270-234. Certificate of occupancy. A certificate of occupancy shall be required for all work for which a building permit is required to be issued under this chapter or under any other ordinance or local law of the Town of Ithaca or under the New York State Uniform Fire Prevention and Building Code or any successor statute. Further, a certificate of occupancy shall be required for all buildings which are converted from one general occupancy classification to another and such classifications are defined in Part 701 of Title 9 of the Official Compilation of Codes, Rules and Regulations of the State of New York, or any successor rules or regulations. The issuance of building permits and certificates of occupancy shall be governed, in addition to the requirements of this chapter, by the requirements of the New York State Uniform Fire Prevention and Building Code, the rules and regulations promulgated thereunder, and any similar or successor statutes, and in accordance with the requirements of any laws, ordinances, rules or regulations of the Town of Ithaca including, without limitation, Local Law No. 1 of the year 1981 (Chapter 125, Building Construction and Fire Prevention, of the Code of the Town of Ithaca) as the same 270:135 06-01-2004 § 270-234 ITHACA CODE § 270-235 has been subsequently amended. The fee for the issuance of a certificate of occupancy shall be the fee established in the most recent local law, ordinance, or resolution adopted by the Town Board establishing such fee, including, without limitation, the local law regarding same adopted on or about December 12, 1994, to be effective January 1, 1995, as the same may have been subsequently amended. §270-235. Zoning Board of Appeals. There is hereby established a Zoning Board of Appeals which shall function in the manner prescribed by law (except as the same may be superseded by the terms of this chapter as set forth below). A. Membership. (1) There shall be five members of the Zoning Board of Appeals. The members of the Zoning Board of Appeals shall be residents of the Town of Ithaca and shall be appointed by the Town Board to serve for terms as prescribed by law. Vacancies occurring in said Board by expiration of term or otherwise shall be filled in the same manner. No person who is a member of the Town Board shall be eligible for membership on the Zoning Board of Appeals. (2) There may be appointed additionally up to two alternate members of the Zoning Board of Appeals, either of which alternate may substitute for a regular member of the Board in the event such regular member is unable to serve because of a conflict of interest, illness, extended (longer than one month) absence from the Town, or is otherwise disqualified. Alternate members shall be appointed by resolution of the Town Board for terms established by the Town Board. The Chairperson of the Zoning Board of Appeals may designate an alternate member to substitute for a regular member in the event a regular member is unable to participate because of any reason enumerated above. To the extent this provision is inconsistent with Town Law § 267 (11) it is intended to supersede such section, in accordance with Municipal Home Rule Law § 10 1 (ii) d (3). All other rights, responsibilities and procedures related to alternate members set forth in said § 267 shall apply. B. The Town Board shall designate the Chairperson of the Zoning Board of Appeals. The Zoning Board of Appeals shall choose its own Vice Chairperson who shall preside in the absence of the Chairperson. In the absence of both the Chairperson and Vice Chairperson, the Zoning Board of Appeals shall choose one of its number as Acting Chairperson. Such Chairperson, or the party acting as Chairperson in the Chairperson's absence, may administer oaths and compel the attendance of witnesses. The Zoning Board of Appeals may appoint a secretary who shall take minutes of all its meetings and keep its records. C. The Zoning Board of Appeals shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this chapter and all its resolutions and orders shall be in accordance therewith. D. Any person aggrieved by any decision of any officer of the Town charged with the enforcement of this chapter may take an appeal to the Zoning Board of Appeals. 270:136 06-01 -2004 § 270-235 ZONING § 270-236 E. The Zoning Board of Appeals shall, in accordance with the provisions of this chapter and in accordance with the provisions of Town Law § 267 et seq. hear and determine appeals from any refusals of a building permit or certificate of occupancy by the person designated by the Town Board, or review any order or decision of said person where such order or decision is based upon the requirements of this chapter. F. The Zoning Board of Appeals, on appeal from the decision or determination of the Code Enforcement Officer, shall have the power to grant use and area variances (as the same are defined in Town Law§ 267). In doing so, in addition to any other requirements set forth in this chapter, the Zoning Board of Appeals, in determining whether to grant a use or an area variance shall consider all of the matters set forth in Town Law § 267-b including specifically the considerations set forth in § 267-b, 2 and 3, or any successor statute. G. The Zoning Board of Appeals shall also hear and decide all matters referred to it or upon which it is required to pass by the terms of this chapter. In deciding such matters referred to it by the terms of this chapter and in granting special approval the Zoning Board of Appeals shall follow the procedures and apply the criteria set forth in Article XXIV, Special Permits and Special Approvals, of this chapter. H. At the option of the Zoning Board of Appeals, it may refer a matter to the Planning Board for a recommendation before taking action. Such referral shall not extend the time within which the Zoning Board of Appeals, by law, must act. Failure of the Planning Board to timely respond to such a referral shall not preclude action by the Zoning Board of Appeals nor otherwise affect the validity of any actions taken by the Zoning Board of Appeals. I. In granting variances or special approvals the Board may impose upon the applicant such reasonable conditions as are directly related to and incidental to the proposed use of the property or the period of time such variance or special approval shall be in effect. Such conditions shall be consistent with the spirit and intent of the Zoning Ordinance or Local Law, and shall be imposed for the purpose of minimizing any adverse impact such variance or approval may have on the neighborhood or community. J. Unless work has commenced in accordance with the variance or special approval given 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 or special approval, whichever is earlier, not only the building permit but the variance or special approval shall expire and the permissible uses and construction on the property shall revert to those in effect prior to the issuance of such special approval or variance. §270-236. Planning Board. There is hereby established a Planning Board which shall function in the manner prescribed by law (except as the same may be superseded by the terms of this chapter as set forth below). 270:137 06-01-2004 § 270-236 ITHACA CODE § 270-236 A. Membership. (1) There shall be seven members of the Planning Board. The members of the Planning Board shall be residents of the Town of Ithaca and shall be appointed by the Town Board to serve for terms as prescribed by law. Vacancies occurring in said Board by expiration of term or otherwise shall be filled in the same manner. No person who is a member of the Town Board shall be eligible for membership on the Planning Board. To the extent reasonably possible, and in the sole discretion of the Town Board, one or more of the members may be an agricultural member as defined in § 271 of the Town Law. (2) There may be appointed additionally up to two alternate members of the Planning Board, either of which alternate may substitute for a regular member of the Board in the event such regular member is unable to serve because of a conflict of interest, illness, extended (longer than one month) absence from the Town, or is otherwise disqualified. Alternate members shall be appointed by resolution of the Town Board for terms established by the Town Board. The Chairperson of the Planning Board may designate an alternate member to substitute for a regular member in the event a regular member is unable to participate because of any reason enumerated above. To the extent this provision is inconsistent with Town Law § 271 (15) it is intended to supersede such section, in accordance with Municipal Home Rule Law § 10 1 (ii) d (3). All other rights, responsibilities and procedures related to alternate members set forth in said § 271 shall apply. B. The Town Board shall designate the Chairperson of the Planning Board. The Planning Board shall choose its own Vice Chairperson who shall preside in the absence of the Chairperson. In the absence of both the Chairperson and Vice Chairperson, the Planning Board shall choose one of its number as Acting Chairperson. Such Chairperson, or the party acting as Chairperson in the Chairperson's absence, may administer oaths and compel the attendance of witnesses. The Planning Board may appoint a Secretary who shall take minutes of all its meetings and keep its records. C. The Planning Board shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this chapter and all its resolutions and orders shall be in accordance therewith. D. The Planning Board shall, in accordance with the provisions of this chapter and in accordance with the provisions of Town Law § 271 et seq. hear and determine site plan approval requests, special permit requests, subdivision applications, and such other matters as may be referred to such Board under this chapter or otherwise. E. The Planning Board, in making any determination shall have the powers granted to Planning Boards by, and shall apply the procedures and criteria set forth in, this chapter, the laws of the State of New York, and any other law, ordinance, or resolution duly adopted at any time by the Town Board or Planning Board. F. In granting site plan approvals, special permits, subdivision approvals, or in taking any other actions in response to any application, the Board may impose upon the applicant such reasonable conditions as are directly related to and incidental to the proposed use of the property or the period of time such special permit or other approval shall be in effect. 270:138 06-01-2004 § 270-236 ZONING § 270-237 Such conditions shall be consistent with the spirit and intent of the Zoning Ordinance or Local Law, and shall be imposed for the purpose of minimizing any adverse impact such permit or approval may have on the neighborhood or community. G. Unless work has commenced in accordance with the site plan approval or special permit given by the Planning Board within one year from the issuance of the building permit authorizing such work, or within 18 months of the granting of such approval or special permit, whichever is earlier, not only the building permit but the approval or special permit shall expire and the permissible uses and construction on the property shall revert to those in effect prior to the issuance of such approval or special permit. H. In making recommendations to the Town Board and the Zoning Board of Appeals, the Planning Board shall determine that: (1) There is a need for the proposed use in the proposed location. (2) The existing and probable future character of the neighborhood in which the use is to be located will not be adversely affected. (3) The proposed change or use is in accordance with a Comprehensive Plan of development of the Town. §270-237. Posting of notices. In addition to any other notice required by law, a public notice shall be posted by the applicant on the property that is the subject of certain applications as set forth in this section. A. The sign shall be so posted in the following circumstances: (1) If a variance, special approval, or determination is being sought from the Zoning Board of Appeals, the notice shall be posted before the initial Zoning Board of Appeals public hearing on the matter. (2) If a subdivision approval, a site plan approval, or special permit is being sought from the Planning Board, the notice shall be posted before the fust Planning Board public hearing on the application. (3) If a determination is being sought which requires affirmative action by both the Zoning Board of Appeals and the Planning Board, the notice shall be posted before the first public hearing before either Board occurs. (4) If the application is for rezoning of a parcel or parcels of land in conjunction with a proposed development on same a notice shall be posted and it shall be posted prior to the initial Planning Board hearing on the proposed rezoning. If the rezoning is a rezoning generally of the neighborhood independent of a particular application for a particular project, or is a rezoning of an area of more than 300 acres, there shall be no posting requirement unless the Town Board directs such posting. In such event the Town Board may designate the location and frequency of such posting, which may be different than otherwise required hereunder. 270:139 06-01-2004 § 270-237 ITHACA CODE § 270-239 B. The posting shall occur at least 14 and not more than 30 days before the first meeting of the Board at which the matter is to be heard as set forth above. C. The sign shall be posted in a location clearly visible from the roadway at or near the center of each of the property lines of the property under consideration which property line fronts on an existing public or private roadway. If the road frontage exceeds 1,000 feet, signs shall be posted at five-hundred-foot intervals along the frontage. When the Town Planner or Town Building Inspector and Zoning Enforcement Officer finds that the particular circumstances of an application warrants more signs than required by this provision, the applicant shall post such additional signs as may be directed by either of such officers. D. Such signs shall be continuously maintained by the applicant and displayed facing the roadway until final action has been taken by the Board involved approving or denying the application or appeal, or until the application is withdrawn. Signs shall be removed within 15 days of the final action or withdrawal of the application. E. The required signs shall be obtained from the Town Planner, Town Building Inspector and Zoning Enforcement Officer, or Town Clerk and shall contain the information set forth on the form of sign supplied by the Town. There shall be no fee for the first sign. If additional signs are required the applicant shall pay a nonrefundable fee for each subsequent sign or replacements thereof. The fee shall be $3 per sign. F. Failure to post or maintain the signs as provided in this section shall not be a jurisdictional defect and any action taken by any Board in connection with the application shall not be nullified or voidable by reason of the failure to comply with this section. However, the failure to post or maintain the sign may be grounds, should the Board involved in its discretion so determine, to deny the application sought or to decline to hear the matter at the scheduled meeting date by reason of the failure to have the appropriate signs installed and/or maintained. The appropriate Board may, on good cause shown, waive the requirement of the posting of signs as called for by this section. §270-238. Entry and inspection. The Code Enforcement Officer shall have the right to enter upon, examine and inspect, or cause to be entered, examined and inspected, any building or property, for the purpose of carrying out the provisions of this chapter after reasonable written notice of intent to examine or inspect has been provided to a property owner, and permission of the owner has been granted. If such permission is denied, access shall be pursued by the Attorney for the Town, who shall be notified by the Code Enforcement Officer of such denial. Pending the granting of such access or inspection, no further permits, certificates of occupancy or other approvals shall be granted by the Code Enforcement Officer or any other agency or board of the Town. §270-239. Violations and penalties. A. Pursuant to § 268 of the Town Law any person, firm, corporation or other entity violating any provision of this chapter shall be deemed guilty of an offense and upon 270:140 06-01-2004 § 270-239 ZONING § 270-243 conviction thereof shall be subject to a fine or to imprisonment as provided in § 268. Each week's continued violation shall constitute a separate offense. B. Notwithstanding any other provisions of this chapter the Planning Board or the Zoning Board of Appeals may refuse a special permit, special approval, preliminary or final site plan approval to an applicant as long as the applicant, or any person or entity under the control of or controlled by the applicant, is in default in the performance of any actions required of them pursuant to law or pursuant to conditions imposed in connection with a previously granted special permit, special approval, or final site plan approval in the Town of Ithaca. §270-240. Amendments. This chapter may be amended as provided by law. §270-241. Validity. The invalidity of any section or provision of this chapter shall not invalidate any other section or provision thereof. §270-242. EAsting Zoning Ordinance amended,readopted and reenacted. The existing Zoning Ordinance of the Town of Ithaca, New York, as amended, adopted October 25, 1954, is hereby reenacted, readopted and amended to read as set forth in this chapter, except as expressly provided otherwise in this chapter. This readoption and reenactment and the adoption of any amendment shall not affect any pending, or prevent any future prosecution of any, action to abate any violation existing at the time this chapter is readopted, reenacted and amended, if the use is in violation of the provisions of this chapter as readopted, reenacted and amended. Nothing herein shall be deemed to change the status of nonconforming uses created by virtue of the Zoning Ordinance adopted October 25, 1954, as amended, if such uses remain nonconforming under the provisions of this chapter, as readopted, reenacted and amended. §270-243. Fees. The fees, escrow deposits, review costs, public hearing fees and inspection fees for subdivision, variance, site plan and other similar applications and approvals, and for building permits, Use Permits, Operating Permits and any other similar permit, shall be as set forth in the most recent local law, ordinance, or resolution adopted by the Town Board establishing such fees, deposits and costs including, without limitation, Chapter 153, Fees, of the Code of the Town of Ithaca (i.e., the local law regarding same adopted on or about December 12, 1994, to be effective January 1, 1995), as the same may have been subsequently amended, together with the related schedule of application and review fees contained therein. 270:141 06-01-2004 § 270-244 ITHACA CODE § 270-245 §270-244. Effective date. This revised and restated ordinance shall become effective April 1, 2004, herein referred to as the "effective date." §270-245. Transition provisions. A. This revised, restated and amended chapter shall apply to all applications for building permits, site plan approvals, subdivision approvals, special approvals, special permits, or any other approval or authorization hereunder, submitted on or after the effective date. B. If a completed application is submitted prior to the effective date and if such application is diligently prosecuted to conclusion, the application shall be governed by the provisions of the Zoning Ordinance in effect immediately prior to the effective date, unless the applicant elects by written notice accompanying the application or delivered within a reasonable time after submission of the application to be governed by the provisions of this revised, restated and amended ordinance as in effect on and after the effective date. For the purposes of this section only, an application shall be deemed "completed" if it contains all required information, materials, and fees normally and reasonably required by the appropriate Town official(s) (e.g., Director of Planning with respect to subdivision, special permit, rezoning, planned development area, and site plan approval applications, the Director of Building and Zoning with respect to building permit, variance, and special approval applications, and the Director of Engineering with respect to fill permit applications) including initial SEQR forms, to commence the review process by the appropriate Town official or board. An 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 reviewing Town officials and/or boards, appears at all required scheduled public hearings, and otherwise cooperates so as to permit and enable the appropriate Town officials and/or boards 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 nine months of its submission. C. The Town Board may, with respect to a specific application, if an applicant demonstrates 1) severe, adverse economic impact will result to the applicant if this revised, restated chapter is applied to the applicant's application because of a substantial expenditure of funds by the applicant prior to the adoption of this revised, restated chapter and in reliance upon the provisions of the ordinance in effect prior to the effective date; or 2) delay in rendering a decision by the applicable official or board is due to the failure of such official or board to act within a reasonable period of time and not due to any failure or default by the applicant; extend by no more than four additional months the privilege of having the application be governed by the provisions of the zoning ordinance in effect prior to the effective date, or extend by no more than four additional months the nine-month period within which diligent prosecution of the application must be 270:142 06-01-2004 § 270-245 ZONING § 270-245 completed to obtain the benefit of utilizing the pre-effective-date ordinance provisions. An application for extension under this subsection must be made prior to, or within 30 days after, the end of any applicable period by written request to the Town Clerk or Town Supervisor setting forth the requested relief and the grounds for same. 270:143 06-01-2004 Chapter 271 ZONING: SPECIAL LAND USE DISTRICTS § 271-1. Special regulations applicable to § 271-7. Special Land Use District No. 5 stated special land use districts. (Limited Mixed Use,Chamber § 271-2. Special Land Use Districts: of Commerce). Limited Mixed Use. § 271-8. Special Land Use District No. 7 § 271-3. Special Land Use District No. 1 (Limited Mixed Use,Ithacare). (Wiggins). § 271-9. Special Land Use District No. 8 § 2714. Special Land Use District No. 2 (Limited Mixed Use, (Sapsucker Woods). EcoVillage). § 271-5. Special Land Use District No. 3 § 271-10.Special Land Use District No.9 (Limited Mixed Use,Biggs (Limited Mixed Use,Cornell Complex). Precinct 7)• § 271-6. Special Land Use District No. 4 § 271-11.Special Land Use District No. (Limited Mixed Use, Statler 10(Limited Mixed Use,Sterling West). House/Sterling Cottage). § 271-12.Special Land Use District No. 11 (Limited Mixed Use, Cornell Chilled Water Plant). [HISTORY: Adopted by the Town Board of the Town of Ithaca as indicated in section histories.Amendments noted where applicable.] GENERAL REFERENCES Zoning—See Ch.270. §271-1. Special regulations applicable to stated special land use districts. ' The following provisions, regulations and requirements shall apply to existing special land use districts (now considered planned development zones) and to specific special land use districts as stated in the following sections. §271-2. Special Land Use Districts: Limited Mixed Use. [Adopted 8-13-1984 by L.L. No. 2-1984] A. This section amends Section 1 of Article 11 of the Town of Ithaca Zoning Ordinance2 by adding to the list of permissible districts which may be designated as Special Land Use District (Limited Mixed Use). 1. Editor's Note:Added at time of adoption of Code(see Ch.1,General Provisions,Art.I). 2. Editor's Note: Numbering refers to the Zoning Ordinance as it eidsted in 1984,when this section was adopted.See now§270-6. 271:1 06-01-2004 § 271-2 ITHACA CODE § 271-2 B. The uses permitted in such district will be such a combination of the uses permitted in a residential and agricultural district and in Business Districts A, B, and E as the Town Board may permit. The diverse uses must be combined in a unified plan. C. The establishment of any such district shall lie in the sole discretion of the Town Board, as a legislative body. It shall be established by amending the Zoning Ordinance to permit such establishment. The enactment and establishment of such a district shall be a legislative act. No owner of land or other person having an interest in land shall be entitled as a matter of right to the enactment or establishment of any such district. D. The provisions of the Zoning Ordinance and Planning Board Regulations, as they may be amended from time to time, and any other regulations, orders, rules and resolutions shall apply to the establishment of any such district. In addition, the Town Board may impose such conditions and restrictions governing the establishment and regulating the use of land in any such district as the Town Board deems necessary and desirable. E. Subject to the provisions below, the procedures governing an application for site plan approval as provided in Section 46 and 46(a)3 shall apply except that: [Amended 6-9-1986 by L.L.No. 3-19861 (1) Before submitting a general site plan to the Planning Board, the applicant shall submit the general site plan to the Town Board. (2) The Town Board, in its discretion may require additional information, may refer the matter to the Planning Board for recommendation, or may establish a public hearing date on the proposed district. (3) No application for the establishment of any such district shall be referred to the Planning Board except by the Town Board. (4) The Town Board may impose other procedural requirements with respect to any application or with respect to a specific application as the Town Board may deem necessary and desirable. F. Projects such as the Wiggins "La Tourelle" Project, the Rocco Lucente Sapsucker Woods Project and the Lake Shore West Project which have been in the process of being reviewed by the Town Board and the Planning Board shall be deemed to have been referred to the Planning Board and the Town Board may amend the Zoning Law to establish such Special Land Use Districts, if final approval or recommendation has been made by the Planning Board. G. If any portion of this section is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. 3. Editor's Note: Numbering refers to the Zoning Ordinance as it existed in 1984,when this section was adopted and amended. 271:2 06-01-2004 § 271-3 ZONING: SPECIAL LAND USE DISTRICTS § 271-3 §271-3. Special Land Use District No. 1 (Wiggins). [Adopted 8-13-1984 by L.L. No. 3-1984] A. WHEREAS: (1) The Planning Board has extensively reviewed the proposed "La Tourelle" development of Walter J. and Joyce Y. Wiggins at public hearings duly and property held during the Winter and Spring of 1984. (2) On June 5, 1984, the project was granted final site plan approval by the Planning Board. (3) All necessary environmental reviews have been completed, after which it was determined that the project would have no significant impact on the environment. (4) The Planning Board has determined that: (a) There is a need for the proposed use in the proposed location. (b) The existing and probable future character of the neighborhood will not be adversely affected. (c) The proposed change is in accordance with a comprehensive plan of development in the Town. (5) The Planning Board has recommended that the Zoning Ordinance be amended to permit this development as proposed and reviewed. B. NOW THEREFORE BE IT RESOLVED: (1) That Article H, Section 1, of the Town of Ithaca Zoning Ordinance be and hereby is amended by adding to the permissible districts itemized in said section a district designated as "Special Land Use District No. 1." (2) In the event that the Town should further amend the Zoning Ordinance by adding to the list of permitted districts a Special Limited Mixed Use District, the district described by this section shall be designated as such a Mixed Use District. (3) The uses permitted in this Special Land Use District are: (a) Any use permitted in a Residential District R-15. (b) The operation of a hotel or motel to be used as a bed-and-breakfast inn, with site plan approval by the Planning Board. (c) The existing construction and use of that portion of the premises now used and occupied as the L'Auberge du Cochon Rouge Restaurant and the Barn Apartments as shown on the final site plans and/or the survey map of "A Portion of the Lands of Walter J. and Joyce Y. Wiggins," dated July 3, 1984. 4. Editor's Note: Numbering refers to the Zoning Ordinance as it existed in 1984,when this section was adopted. See now§270-6. 271:3 06-01-2004 § 271-3 TTHACA CODE § 271-3 (4) This Special Land Use District includes all lots and area requirements of Residential District R-15 except as modified below: (a) Side yards may not be less than 30 feet. (b) Spaces between buildings. The distance between any two structures shall be no less than the average height of both, except that a shorter distance may be allowed if the resulting space is to be used and maintained as a fire lane. (c) Height. No structure shall be greater than 55 feet from the lowest point at grade to the highest point on the roof line. (d) Stories: No more than two stories. However, as many as four dwelling units may be constructed in the basement of the first phase of the development. (5) Notwithstanding the provisions of Subsection B(3), above, the following particular covenants and restrictions shall govern the use of the lands in this Special Land Use District No. 1, otherwise known as "La Tourelle, A Bed and Breakfast Inn." (a) The only new construction and use permitted in the above district shall be a hotel or inn containing no more than 80 units for guests, and the following additional facilities, all of which construction may occur in phases: [Amended 11-10-1988 by L.L. No. 11-19881 [1] Tennis courts, enclosed or otherwise. [2] Swimming pools (for guests of the inn). [3] Cabanas or other similar accessory structures related to tennis courts and swimming. [4] Pond or other body of water. [5] Restaurant or other food service establishment. (b) The exterior design, specifications, and plans for the buildings and other improvements to be constructed on the premises and the development of the grounds and construction of all outside facilities including lighting and signs shall be limited to those shown on the final site plan approved by the Planning Board, June 5, 1984, and subsequent amendments thereto approved by the Planning Board, and on other designs, architects' drawings, plans, and other documents submitted to and approved by the Planning Board, and shall be in accordance with all such documents. [Amended 11-10-1988 by L.L. No. 11-19881 (c) A building permit is required for the construction of any structure or building on the premises included in the special land use district including construction of parking areas, swimming pools, signs and outdoor lighting facilities. Such permits shall not be issued until the Planning Board has approved the design, specifications and site plan for such structures or buildings. [Amended 11-10-1988 by L.L. No. 11-19881 271:4 06-01-2004 § 271-3 ZONING: SPECIAL LAND USE DISTRICTS § 271-3 (d) (Reserved)' (e) No portion of the outside area of the Special Land Use District shall be used for the service of food or beverages, nor any public assembly, nor dancing or musical activities; except as follows: [1] At any time subsequent to the adoption of this section the Town Board may adopt regulations by resolution or by amendment of the Town Zoning Law to implement the provisions of this section, which may also include a requirement that the owner or his duly authorized representative, obtain a special permit from a person designated by the Town Board for that purpose to permit the use of portions of the outdoors area in the immediate vicinity of the La Tourelle structure for limited, temporary or occasional serving of food and beverage for the guests of La Tourelle for special occasions such as weddings or other social occasions. Such regulations shall be adopted only after a public hearing has been held, notice of which has been published in the official newspaper, at least five days prior to such hearing and written notice thereof has been mailed or delivered personally to the owner of the above project, or to his duly authorized representative, and to such other owners of property, as the Town Board may direct. Until such time as such regulations may be adopted, the lands may be used for-the outdoor activities, as described above, without a permit. (f) All ambient noise associated with the use of this property shall be regulated by Article VIII, Section 42, of the Zoning Ordinance.6 (g) Ingress and egress shall be through the driveway leading to State Highway Route 96B past the restaurant as shown on the final site plan and survey map dated July 3, 1984. (h) All construction must comply with all applicable laws, codes, ordinances, rules and regulations. (i) These covenants may be enforced by the owner of any land lying within 500 feet of the boundaries of this district, and/or by the Town of Ithaca. 0) The above restrictive covenants shall run with the land and shall be incorporated in a document which shall be signed by the owner and recorded in the Tompkins County Clerk's office. No portion of the building shall be occupied or otherwise used unless a valid certificate of occupancy has been issued. (6) This Special Land Use District shall be added and hereby is added to the Official Zoning Map of the Town of Ithaca at the location given in Schedule A below. S. Editor's Note:Original Subsection 5(d),re:cooldng facilities,was repealed 11-10-1988 by L.L.No.11-1988. 6. Editor's Note:Numbering refers to the Zoning Ordinance as it e3dsted in 1984,when this section was adopted. 271:5 06-01-2004 § 271-3 ITHACA CODE § 271-4 (7) In the event that any portion of this section is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. (8) The Town reserves for itself, its agencies, and all other persons having an interest, all remedies and rights, to enforce the provisions of this section, including, without limitation, actions for an injunction or other equitable remedy, or action and damages, in the event the owner of the parcel covered by this section fails to comply with any of the provisions thereof. §271-4. Special Land Use District No. 2 (Sapsucker Woods). [Adopted 8-13-1984 by L.L. No. 4-19841 RESOLVED: That the Town Board of the Town of Ithaca enact and hereby does enact this section to amend the Zoning Ordinance of the Town of Ithaca to permit the 14 existing buildings located at 108 through 230 Sapsucker Woods Road, Town of Ithaca Tax Parcels No. 6-70-10-3.12 through 6-70-10-3.25, owned by Rocco Lucente and more particularly described in Schedule A of this section, ' to be modified to permit the conversion of each existing building to no more than four dwelling units subject to the following terms and conditions: A. Zone designation of area. The area covered by this section shall remain Residence District R-15 and all provisions of the Town Zoning Ordinance, as amended, shall govern, except as otherwise modified by this section or any law or ordinance adopted pursuant thereto. B. Conversion of dwelling units. Each of the 14 buildings may be converted into no more than four dwelling units, consisting specifically of two two-bedroom dwelling units and two one-bedroom dwelling units, as more particularly shown on the final building plan and final site plan approved by the Planning Board and subject to any other requirements of the Planning Board, and the Town Board. C. Conversion period. (1) The conversion of the 14 structures must be completed within five years of the adoption of this section. Any structure which has not been converted within this five-year period may not be later converted or remodeled to contain more than two dwelling units and the present owner, Rocco Lucente, or any of his successors, distributees, assigns, or other transferees, shall have waived and surrendered any prior right to rent and he or they are specifically prohibited from renting, such building to a greater number of occupants, including unrelated occupants, than is allowed in a Residence District R-15 for two-family houses, under the current provisions of the Town Zoning Ordinance as of the date of the adoption of this section. 7. Editor's Note:Said Sdedule A is included at the end of§2714. 271:6 06-01-2004 § 2714 ZONING: SPECIAL LAND USE DISTRICTS § 271-4 (2) The process of conversion shall be planned so that there shall be no more than four structures uncompleted at any time, except that the planting of trees and shrubbery on any lot may be postponed to a more favorable season, but no more than 12 months after completion of the conversion. D. Occupancy restrictions. (1) Except as stated in Subsection C(1), occupancy of each of the two one-bedroom dwelling units in any converted structure shall be limited to one household (or family), which is defined either as "any number of persons related by blood or marriage, including adopted children," or "no more than two unrelated persons occupying a single dwelling unit." (2) Except as stated in Subsection C(1), each of the two two-bedroom dwelling units in any converted structure shall be occupied by no more than one household or family, as described above, plus one unrelated person. (3) After the conversions, remodeling, or modification of any such structure has begun pursuant to a valid building permit, the structure shall not be occupied or leased other than in conformance with the requirements of this section. E. Conversion into less than four units. In the event any structure is, at any time, converted to less than four dwelling units, the conversion shall be final, and any such structure shall thereafter contain no more than such lesser number of units into which the building was converted and the number of such dwelling units in such structure shall not be thereafter increased. For, example, any structure converted into three or two dwelling units shall thereafter continue to be used and occupied only as a three- or a two-dwelling unit structure, as the case may be. F. Destruction of building. If any converted building is partially or substantially destroyed or damaged by fire or other "act of God," the owner may rebuild a structure of similar design and dimensions, having no more than the number of dwelling units it contained immediately prior to such damage or destruction. G. At least one dwelling unit in each of the structures, after any conversion as provided herein, shall, within 24 months of the issuance of a certificate of occupancy issued in connection with such conversion be owner-occupied. Such owner, however, must qualify as a household (or family) as defined herein. If, thereafter, a structure is not occupied by the owner then the structure may be occupied only as permitted by the regulations of a Residential District R-15 for a two-family dwelling as if this amendment to the Zoning Ordinance had not been adopted. Notwithstanding the foregoing, however, after the premises have been owner-occupied for at least four consecutive years, at the owner's option the premises may be leased and non-owner-occupied for a period of up to 12 months out of each consecutive periods of 60 months. [Amended 9-9-1985 by L.L. No. 6-1985] H. Parking. (1) Parking of automobiles may be permitted in the front yard in areas designated therefor. 271:7 06-01-2004 § 27174 ITHACA CODE § 271-4 (2) The number of automobiles and the spaces which shall be provided for each building shall be six, at least two of which shall be in an enclosed garage and the remainder of which shall be parked in the front yard. No more than one automobile shall be parked in each space. (3) The location and materials of each parking space and driveway shall be located and constructed in accordance with the requirements of the Town Planning Board as shown on the final, approved site plan, or as otherwise provided by the Planning Board. (4) Parking spaces and driveways must be maintained in good repair and neat condition at all times. I. Restrictive covenants and occupancy. (1) No building shall hereafter be occupied by any occupant either as an owner, or his household or family or his lessee, until: (a) A document containing restrictive covenants substantially as provided herein and containing such additional provisions as may be reasonably required to carry out the purposes of this section shall have been signed and acknowledged by the present owner, Rocco Lucente, and recorded in the Tompkins County Clerk's Office. (b) A certificate of occupancy has been issued by the Town for each dwelling unit in the structure. (2) Such covenants and restrictions shall run with the land and may be enforced by any one or more of the following: (a) The Town Board. (b) Any owner of any of the lots (2 - 15) covered by this section. (3) The restrictive covenants and all other provisions of this section shall bind Rocco Lucente, his heirs, distributees, successors, and assigns or any other person who may now have interest in the title of the land. J. Invalidity and severability. In the event that any portion of this section is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. K. Definitions. (1) The words "structure" and "building" may be used interchangeably. (2) The words 'owner-occupied" means occupancy by the deed owner of record of the premises. In any action to enforce any violations of these provisions, any relief obtained against the record owner of the premises, such as injunction, damages, or declarations, shall be binding upon all persons having any interest in the property, beneficial or otherwise, or any persons having a lien on the property derived through the record owner. [Added 9-9-1985 by L.L. No. 6-1985] 271:8 06-01-2004 § 271-4 ZONING: SPECIAL LAND USE DISTRICTS § 271-5 L. Enforcement. The Town reserves for its agencies, and all other persons having an interest, all remedies and rights, to enforce the provisions of this section, including without limitation, actions for any injunction or other equitable remedy, or action and damages, in the event the owner of any of the parcels covered by this section fails to comply with any of the provisions thereof. Schedule A Description of Land of Rocco Lucente on Sapsucker Woods Road The area to which the provisions of this law apply is located on the West side of Sapsucker Woods Road, and consists of 14 lots (Lots 2 to 15 inclusive), shown on the survey map of the "Rocco Lucente Subdivision on the West side of Sapsucker Woods Road" made by Carl Crandall, C.E., dated April 8, 1967, a copy of which is on file in the Office of the County Clerk. The area begins on the West side of Sapsucker Woods Road at a point which is the Northeast corner of Lot 1 as shown on said map, which is 250 feet North from the intersection of the West line of Sapsucker Woods Road and the North line of Hanshaw Road; thence North 1427 feet, more or less, along the street line to the Northeast corner of Lot 15; thence to the Northwest corner of Lot 15; thence South along the West line of Lots 15-11 inclusive, 497.5 feet, more or less, to the Southwest corner of Lot 11; thence East about 25 feet to the Northwest corner of Lot 10; thence South along the West line of Lots 2-10 inclusive, 950 feet, more or less, to the Northwest corner of Lot 1; thence East along the North line of Lot 1, 175 feet to the place of beginning. §271-5. Special Land Use District No. 3 (Limited Mixed Use, Biggs Complex). [Adopted 10-20-1986 by L.L.No. 4-19861 A. Article II, Section 1, of the Town of Ithaca Zoning Ordinance"be and hereby is amended by adding to the permissible districts itemized in said section a district designated as "Special Land Use District No. 3." B. The uses permitted in this Special Land Use District No. 3 are: (1) Any use permitted in an R9, R15, R30 or Multiple Residence District. (2) Any use permitted in an Agricultural District. (3) Any use permitted in an A, B, or E Business District (restaurant use only). C. Notwithstanding the foregoing, no uses otherwise permitted shall be allowed in such district if the uses produce offensive noise, odors, smoke, fumes, vibration, glare; electronic interference, radiation, or if the use involves substances or devices that may 8. Editor's Note: Numbering refers to the Zoning Ordinance as it existed in 1986,when this section was adopted. See now§270-6. 271:9 06-01-2004 § 271-5 ITHACA CODE § 271-5 cause harm due to their hazardous nature. No uses shall be permitted if not pursuant to and consistent with a unified plan for the entire Special Land Use District as the same may be initially approved by the Planning Board and subsequently amended with the approval of the Planning Board. D. Any use in this district shall be governed by all of the requirements, including side yards, setbacks, building coverage, accessory uses, and similar requirements, of the most restrictive district [other than this Special Land Use District (Limited Mixed Use)] in which such use is permitted by other terms of the Zoning Ordinance, except that the number of parking places required shall be the number presently provided unless the Planning Board, in its discretion, determines parking is inadequate in which event the number of parking places shall be increased to the number designated by the Planning Board up to the maximum that would otherwise be required by the most restrictive districts for which each use would be governed but for the existence of this Special Land Use District. E. In addition to the requirements and restrictions imposed by any other district, there shall be no new construction in this Special Land Use District unless and until all of the requirements of this section have been complied with and, in addition, the following requirements to the extent not required by other provisions of the Zoning Ordinance: (1) The exterior design, specifications, and plans for the buildings and other improvements to be constructed on the premises and the development of the grounds and construction of all outside facilities including lighting and signs shall have been shown on a final site plan approved by the Planning Board, and any construction thereafter shall be in accordance with said site plan as finally approved. In determining whether or not to approve the site plan, the Planning Board may employ the same considerations it would employ in approving a site plan pursuant to Sections 46 and 78 of the Zoning Ordinance.9 (2) Building permits shall be required for any construction, including construction of signs and outdoor lighting facilities. Such permits shall not be issued until the Planning Board has approved the design and specifications therefore. (3) No further construction will occur until a new access roadway has been built by Tompkins County from station 10+00 west of and through parcel P4 as shown on the map referred to in Schedule A to this section"to connect to the two-way driveway presently extending from the southeast corner of parcel P3 as shown on said map to Indian Creek Road according to a mutually agreeable location and specifications acceptable to the Town Board of the Town of Ithaca, and until utility easements to serve properties to the north and west of lands of Tompkins County be granted for water and sewer extensions from existing on-site utility locations and more specifically to the former Gilcher property and to Indian Creek Road at locations and upon terms and specifications satisfactory to the Town Board. 9. Editor's Note:Numbering refers to the Zoning Ordinance as it existed in 1986,when this section was adopted. 10. Editor's Note:Said Schedule A is included at the end of§271-5. 271:10 06-01-2004 § 271-5 ZONING: SPECIAL LAND USE DISTRICTS § 271-5 (4) No new construction and no additional occupancy of the existing buildings in this Special Land Use District shall be permitted if the Planning Board, in its discretion, determines that present arrangements for on-site parking are inadequate until sufficient on-site parking spaces are provided in an amount required by the Planning Board up to the maximum required by the most restrictive districts for which each use would be governed but for the existence of this Special Land Use District. (5) Any construction for which a permit is granted shall comply with all applicable laws, codes, ordinances, rules and regulations. F. The area encompassed and rezoned in accordance with this section to Special Land Use District No. 3 is described on Schedule A to this section."The Official Zoning Map of the Town of Ithaca is hereby amended by adding such district at the location described. G. In the event that any portion of this section is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Schedule A Description of Portion of Lands of Tompkins County Being Rezoned Special Land Use District No. 3 ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, Tompkins County, State of New York, more particularly described as follows: 11. Editor's Note:Said Schedule A is included at the end of§271-6. 271:11 06-01-2004 § 271-5 ITHACA CODE § 271-5 COMMENCING at a point in the access road to the Tompkins County Biggs facility which point of beginning is located 91.99 feet south 23 degrees 11 minutes 36 seconds east from a "PK" nail located in the center line of Indian Creek Road at the intersection of said center line with the center line of said access road; running thence south 76 degrees 49 minutes 53 seconds east 229.21 feet along the center line of a service road; running thence on a curve to the right along the center line of said service road with a chord direction of south 63 degrees 33 minutes 19 seconds east and a chord distance of 287.27 feet to a point; running thence south 50 degrees 49 minutes 47 seconds east along the center line of said service road 112.53 feet to where said center line intersects with the center line of another service road; running thence south 15 degrees 36 minutes 25 seconds east along the center line of a service road 26933 feet to a point; running thence south 74 degrees 37 minutes 45 seconds west 68.12 feet to an iron pipe; thence running south 15 degrees 21 minutes 36 seconds east 155.9 feet to an iron pipe; running thence north 74 degrees 29 minutes 53 seconds east 67.47 feet to a point; running thence on a curve to the left and then a slight curve back to the right with a combined chord distance of south 49 degrees 9 minutes 39 seconds east and a chord distance of 209.49 feet which line runs along the center line of said service road to its intersection with the center line of another service road; running thence northerly on the center line of the service road and past the gas regulating house on a curve first to the right and then slightly to the left, the combined chord being in a direction of north 16 degrees 40 minutes 5 seconds east with a chord distance of 344.8 feet to a point of juncture between the center lines of two service roads; running thence on a slight curve to the left along the center line of one of said service roads a chord direction of north 85 degrees 5 minutes 49 seconds east and a chord distance of 114.48 feet to a point; running thence along the center line of said road on a chord direction of north 69 degrees 42 minutes 24 seconds east and a chord distance of 99.87 feet to a point; 271:12 06-01-2004 § 271-5 ZONING: SPECIAL LAND USE DISTRICTS § 271-6 continuing along the same center line a chord direction of north 52 degrees 6 minutes 42 seconds east a chord distance of 99.89 feet to a point; running thence along the center line a further distance of 16.29 feet to a point; running thence south 3 degrees 42 minutes 28 seconds east 645.48 feet to a point; running thence south 32 degrees 41 minutes 49 seconds east 88.47 feet to an iron pipe; running thence south 74 degrees 38 minutes 43 seconds west 403.55 feet to the center line of a service road; running thence south 14 degrees 3 minutes 25 seconds east along the center line of said road approximately 20 feet to a nail set in the middle of the road; running thence south 74 degrees 34 minutes 8 seconds west south of the old Hospital Building a distance of 296.25 feet to an iron pipe; running thence south 15 degrees 22 minutes 41 seconds east on a line parallel to a wing of the old Hospital and approximately 40 feet distant therefrom a distance of 121.86 feet to an iron pipe; thence running north 74 degrees 23 minutes 51 seconds west and passing 3 feet southerly of the old Hospital Building a distance of 404.3 feet to an iron pipe; running thence north 22 degrees 38 minutes 46 seconds west approximately 260 feet to a monument; running thence north 19 degrees 0 minutes 26 seconds west 338.44 feet to an iron pipe; running thence on the same bearing a distance of 121.10 feet to an iron pipe; running thence north 81 degrees 15 minutes 52 seconds east 227.52 feet to an iron pipe; continuing on the same bearing 25 feet to the center line of a service road; running thence on a slight curve to the left with a chord bearing of north 15 degrees 32 minutes 48 seconds west and a chord distance of 273.27 feet, said course running along the center line of said service road to a point; thence north 23 degrees 11 minutes 36 seconds west along the center line of said service road 537.96 feet to the point or place of beginning. The description set forth above is based upon a map entitled "Subdivision Map of Lands of the County of Tompkins N.Y.S. Route 96, Trumansburg Road, Town of Ithaca, Tompkins County, New York" dated August 1, 1984, amended April 24, 1985, made by T. G. Miller Associates, P.C., marked to show Proposed Mixed Use Zone June 2, 1986 and is intended to include parcels designated P3, P4, P6, P7A, P8A, and P9, a copy of which map is on file with the Planning Department of the Town of Ithaca. Containing approximately 22.2 acres of land, more or less. §271-6. Special Land Use District No. 4 (Limited Mixed Use, Statler West). [Adopted 1-12-1987 by L.L. No. 1-19871 A. Article 11, Section 2, of the Town of Ithaca Zoning Ordinance 12 be and hereby is amended by adding to the permissible districts itemized in said section a district designated as "Special Land Use District No. 4." B. The uses permitted in Special Land Use District No. 4 are: [Amended 3-9-1987 by L.L. No. 5-1987; 7-26-1993 by L.L. No. 7-19931 12. Editor's Note. Numbering refers to the Zoning Ordinance as it es;sted in 1987,when this section was adopted. See now§270-6. 271:13 06-01 -2004 § 271-6 ITHACA CODE § 271-6 (1) Any use permitted in an R-15 Residence District; (2) Up to seven multiple-family dwellings provided that the same are included in the buildings presently on the premises known as Special Land Use District No. 4 and do not require construction that would enlarge the footprint or the bulk of the buildings presently on the premises. (3) Business offices or professional offices, such as medical offices and laboratories (subject to the further provisions stated herein); (4) Art gallery; (5) So long as all of the land in Special Land Use District No. 4 is owned by the same landowner, the following additional uses are permitted: (a) Off-premises catering subject to the following conditions: [1] The only facilities on the premises to be utilized for this purpose will be the existing kitchen and immediately adjacent areas and associated loading areas for bringing in and taking out of food, food products and other catering related goods. [2] No activity shall take place relating to the off-premises catering between the hours of 10:00 p.m. and 7:00 a.m. Sunday through Thursday nights (except for any nights before a recognized legal holiday in which event the 10:00 p.m. limitation can be extended until 12:00 midnight), and 12:00 midnight and 9:00 a.m. Saturday and Sunday mornings. (b) On-premises functions involving the serving for hire of food and beverages to private groups of people such as wedding receptions, retirement parties, and similar private functions, subject to the following conditions: [1] There will be no more than 30 such functions per year of which no more than 10 shall be on weekday evenings. [2] Such functions shall utilize only the existing kitchen, the associated dining area, and, weather permitting, the grounds adjacent to the large dining area. [3] No such functions shall occur or continue between the hours of 7:00 p.m. to 7:00 a.m. [4] The maximum number of people to be permitted at any one time in such on-premises functions shall be no more than approved by the Planning Board when it approves the final site plan but in no event shall the number exceed: [a] 150 or, [b] If less, the maximum permitted by the New York State Uniform Fire Prevention and Building Code. 271:14 06-01-2004 § 271-6 ZONING: SPECIAL LAND USE DISTRICTS § 271-6 [5] Regardless of the hours at which the function ends, there is to be no amplified music outside the building. [6] Any construction changes that would alter the size of the space presently existing in the buildings for kitchen facilities and associated dining and socializing facilities shall not occur until the same have been shown as a modified site plan and approved by the Planning Board. In determining whether to approve such modified site plan, the Planning Board shall consider all of the matters it is directed to consider pursuant to the terms of the Zoning Ordinance regarding site plan reviews and in addition the effects that the use of any modified structures may have on persons occupying other portions of the structures as residential facilities including noise, odors, parking, traffic, and other such matters. (c) Wholesale processing and distribution of seitan (a baked vegetarian wheat-based product), tofu, and soy milk, subject to the conditions that such uses, in the aggregate shall not: [Added 2-11-2002 by L.L. No. 2-2002] [1] Occupy more than 2,400 square feet of interior building space; and [2] Engender more than six vehicle trips (for this purpose a "vehicle trip" shall mean a round trip onto and off the premises) per week in connection with deliveries related to such uses, including all vehicle trips related to the delivery to the premises of raw materials used in such processing and all vehicle trips related to the delivery of the finished product to locations off of the premises; and [3] Involve more than four employees in the conduct of such uses. C. Notwithstanding the foregoing, no uses otherwise permitted shall be allowed in such district if the uses produce offensive noise, odors, smoke, fumes, vibration, glare, electronic interference, radiation, or if the use involves substances or devices that may cause harm due to their hazardous nature. No uses shall be permitted if not pursuant to and consistent with a unified plan for the entire Special Land Use District as the same may be initially approved by the Planning Board and subsequently amended with the approval of the Planning Board. D. Any use in this district shall be governed by all of the requirements, including parking, side yards, setbacks, building coverage, accessory uses, and similar requirements, of the most restrictive district [other than this Special Land Use District (Limited Mixed Use)] in which such use is permitted by other terms of the Zoning Ordinance. E. In addition to the requirements and restrictions imposed by any other district, there shall be no new construction in this Special Land Use District unless and until all of the requirements of the Zoning Ordinance have been complied with and, in addition, the following requirements to the extent not required by other provisions of the Zoning Ordinance: (1) The exterior design, specifications, and plans for the buildings and other improvements to be constructed on the premises and the development of the 271:15 06-01-2004 § 271-6 ITHACA CODE § 271-6 grounds and construction of all outside facilities including lighting and signs shall have been shown on a final site plan approved by the Planning Board, and any construction thereafter shall be in accordance with said site plan as finally approved. In determining whether or not to approve the site plan, the Planning Board may employ the same considerations it would employ in approving a site plan pursuant to Sections 46 and 78 of the Zoning Ordinance." (2) Building permits shall be required for any construction, including construction of signs and outdoor lighting facilities. Such permits shall not be issued until the Planning Board has approved the design and specifications therefore. (3) No new construction and no additional occupancy of the existing buildings in this Special Land Use District shall be permitted if the Planning Board, in its discretion, determines that present arrangements for on-site parking are inadequate until sufficient on-site parking spaces are provided in an amount required by the Planning Board up to the maximum required by the most restrictive districts for which each use would be governed but for the existence of this Special Land Use District. (4) Any construction for which a permit is granted shall comply with all applicable laws, codes, ordinances, rules and regulations. F. The area encompassed and rezoned in accordance with this section to Special Land Use District No. 4 is described on Schedule A to this section.10 The Official Zoning Map of the Town of Ithaca is hereby amended by adding such district at the location described. G. In the event that any portion of this section is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Schedule A Description of Portion of Lands of Cornell University Being Rezoned Special Land Use District No. 4 ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, Tompkins County, State of New York, being located on New York State Route 96 in said Township and being more particularly described as follows: 13. Editor's Note:Numbering refers to the Zoning Ordinance as it existed in 1987,when this section was adopted. 14. Editor's Note:Said Schedule A is included at the end of§271-6. 271:16 06-01-2004 § 271-6 ZONING: SPECIAL LAND USE DISTRICTS § 271-7 COMMENCING at the southwest corner of premises reputedly owned by Paleontological Research, Inc. (see deed recorded in the Tompkins County Clerk's Office in Book 464 of Deeds at Page 405), which point is also a northwest corner of premises reputedly owned by Cornell University as shown on a map entitled "Proposed Special Land Use District for J. Ciaschi and the Mayer School at the Cornell U. Statler West Complex," dated December 17, 1966, by J. W. Mayer, Map Source; "Final Plat, Proposed Subdivision, Lands of Cornell University, Lot No. 87, Town of Ithaca," dated August 26, 1986, by Milton A. Greene, P.L.S. 42000, which corner is an east line of New York State Route 96; running thence north 68 degrees, 48 minutes east along a southwesterly line of the Paleontological Research premises a distance of 710.22 feet to an iron pipe; running thence south 46 degrees 30 minutes east passing through an iron pipe at 317.18 feet a total distance of 405 feet to an iron pipe; running thence south 10 degrees 10 minutes east 241.76 feet to an iron pipe; running thence on a slight curve to the left with a chord distance of 230.24 feet on a bearing of south 64 degrees 57 minutes west with a radius of 448.26 feet to an iron pipe; running thence south 50 degrees 4 minutes west 321.76 feet to a point in the east line of New York State Route 96; running thence north 43 degrees 56 minutes west passing through an iron pipe at 438.88 feet a total distance of 784.08 feet to the point or place of beginning. The above description is based upon a map entitled "Proposed Special Land Use District for J. Ciaschi and the Mayer School at the Cornell U. Statler West Complex," dated December 17, 1986, by J.W. Mayer, Map Source: "Final Plat, Proposed Subdivision, Lands of Cornell University, Lot No. 87, Town of Ithaca," dated August 26, 1986, by Milton A. Greene, P.L.S. 42000, a copy of which map is on file with the Planning Department of the Town of Ithaca. Containing approximately 10.2 acres of land, more or less. §271-7. Special Land Use District No. 5 (Limited Mixed Use, Chamber of Commerce). [Adopted 2-8-1988 by L.L. No. 2-1988] A. Article II, Section 2, of the Town of Ithaca Zoning Ordinance's be and hereby is amended by adding to the permissible districts itemized in said section a district designated as "Special Land Use District No. 5." B. The uses permitted in Special Land Use District No. 5 are: (1) Any use permitted in a R-15 Residence District; (2) Professional offices for occupancy by nonprofit entities (subject to the further provisions stated herein); and (3) Visitors' information center or tourism center for the area, in either instance operated by a not-for-profit or municipal entity. 15. Editor's Note:Numbering refers to the Zoning Ordinance as it e3dsted in 1988,when this section was adopted See now§270-6. 271:17 06-01 -2004 § 271-7 ITHACA CODE § 271-7 C. Notwithstanding the foregoing, no uses shall be permitted if not pursuant to and consistent with a unified plan for the Special Land Use District (Limited Mixed Use) as such is initially approved by the Planning Board and subsequently amended with the approval of the Planning Board. D. Any use in this district shall be governed by all of the requirements, including parking, side yards, setbacks, building coverage, accessory uses, and similar requirements (except for permitted occupancies which shall be only as set forth above) relating to an R-15 Residence District. E. In addition to the requirements and restrictions imposed above there shall be no new construction in this Special Land Use District unless and until all of the requirements of the Zoning Ordinance have been complied with and, in addition, the following requirements to the extent not required by other provisions of the Zoning Ordinance: (1) The exterior design, specifications, and plans for the buildings and other improvements to be constructed on the premises and the development of the grounds and construction of all outside facilities including lighting, drainage plans, landscaping, signage, and traffic circulation approved by the New York State Department of Transportation shall have been shown on a final site plan approved by the Planning Board. Any construction thereafter shall be in accordance with said site plan as finally approved. In determining whether or not to approve the site plan, in addition to the requirements set forth specifically relating to this Special Land Use District No. 5, the Planning Board may employ the same considerations it would employ in approving a site plan pursuant to Sections 46 and 78 of the Zoning Ordinance.16 (2) Building permits shall be required for any construction, including construction of signs, walls, and outdoor lighting facilities. Such permits shall not be issued until the Planning Board has approved the design and specifications for any items for which a building permit is sought. (3) Any construction for which a permit is granted shall comply with all applicable laws, codes, ordinances,rules and regulations. F. In addition to the requirements and restrictions set forth above occupancy and use of the premises shall be further limited as follows: (1) No building permit shall be issued until a plan shall have been submitted to the Planning Board and approved by the Planning Board showing adequate parking and access to be maintained within the district. [Amended 4-11-1988 by L.L. No. 4-1988] (2) Once constructed, any building on the premises shall have no more than 10 persons employed in the building at any one time. (3) No activities will be conducted in the Special Land Use District between the hours of 10:30 p.m. and 7:00 a.m. 16. Editor's Note:Numbering refers to the Zoning Ordinance as it eidsted in 1988,when this section was adopted. 271:18 06-01-2004 § 271-7 ZONING: SPECIAL LAND USE DISTRICTS § 271-8 (4) No activities will be conducted in said Special Land Use District which will cause disturbing noise, odors, or glare to any adjacent landowners. G. The area encompassed and rezoned in accordance with this section to Special Land Use District No. 5 is described on Schedule A to this section."The Official Zoning Map of the Town of Ithaca is hereby amended by adding such district at the location described. H. In the event that any portion of this section is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Schedule A Description of Enlarged Special Land Use District No. 5 [Amended 4-11-1988 by L.L. No.4-1988] ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County of Tompkins and State of New York, bounded and described as follows: COMMENCING at a point in the center line of East Shore Drive, State Route 34, at or near the northeast corner of premises of the City of Ithaca (Liber 204 of Deeds at Page 274) which premises are known generally as the site of the Ithaca Youth Bureau; running thence northerly and along the center line of East Shore Drive 60 feet to the southeast corner of lands reputedly of Leo M. Wells (see 379 Deeds 410); continuing northerly along the center line of East Shore Drive a distance of 79.5 feet to the northeast corner of said Wells property and also the southeast comer of other premises reputedly owned by Wells (see Liber 466 of Deeds at Page 230); continuing northerly along the center line of East Shore Drive 117.3 feet to the northeast corner of said second Wells parcel; running thence southwesterly and along premises now or formerly reputedly of Signorelli (590 Deeds 1128) a distance of approximately 223 feet to the east line of premises now or formerly of the Lehigh Valley Railroad Company; thence southwesterly along the easterly line of said railroad company a distance of approximately 141 feet to a point; thence southerly running along the westerly line of the second Wells parcel described above; the first Wells parcel described above and the premises now or formerly of Bowman (see Book 585 of Deeds at Page 594) a total distance of 82.8 feet to a point, which point is the southwest corner of said Bowman parcel; running thence easterly and in part along the City of Ithaca Youth Bureau site and in total along the southerly line of said Bowman parcel a total distance of 264 feet to the east line of East Shore Drive; continuing thence in the same direction a distance of approximately 33 feet to the center line of East Shore Drive at the point or place of beginning. §271-8. Special Land Use District No. 7 (Limited Mixed Use, Ithacare). is[Adopted 1-13-1994 by L.L. No. 1-19941 17. Editor's Note:Said Schedule A is included at the end of§271-7. 18. Editor's Note:Special Land Use District No.6(Indian Creek Retirement Community),adopted 3-13-1989 by L.L.No. 2-1989,was repealed in 1995. 271:19 06-01-2004 § 271-8 ITHACA CODE § 271-8 A. Article 2, Section 1, of the Town of Ithaca Zoning Ordinance19 be and hereby is amended by adding to the permissible districts itemized in said section a district designated as "Special Land Use District No. 7." B. The uses permitted in Special Land Use District No. 7 are: (1) One multiple-family dwelling consisting of at least 40 dwelling units and up to 160 dwelling units aggregated with central dining, kitchen, activity, administration, and maintenance areas, and other related community service space, such multiple-family dwelling being intended to provide assisted living accommodations. Each dwelling unit in said multiple-family dwelling may be occupied by no more than two persons, related or otherwise. (2) Subject to special approval and site plan approval by the Planning Board the following accessory uses are permitted: [Amended 11-7-2002 by L.L. No.7-20021 (a) Off-street garage or parking spaces for the residents of, employees working at, and visitors to the permitted facilities. (b) One pavilion not exceeding 3,000 square feet in size. (c) Accessory buildings such as storage sheds, pavilions [in addition to the pavilion authorized in Subsection B(2)(b) above], gazebos, and other similar small buildings provided that no single building [other than the pavilion permitted by Subsection B(2)(b) above] exceeds more than 200 square feet in size and provided further that the size and location of each such building is approved by the Planning Board. (d) Common recreational areas including walkways, parks, community gardens, and other similar outdoor recreational facilities. (e) Any municipal or public utility structures necessary to the provision of utility services for the permitted facilities. (f) Signs, as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca. C. Any use in this district shall be governed by all of the requirements, including side yards, setbacks, building coverage, building height, and similar requirements, of a Residence District R-15, except as the same may be specifically modified by the terms of this section. D. In addition to the requirements and restrictions imposed by the Town of Ithaca Zoning Ordinance, the area being rezoned to Special Land Use District No. 7 shall be subject to the following conditions: (1) The exterior design, specifications, and plans for all buildings and other improvements to be constructed on the premises and the development of the grounds and construction of all outside facilities including lighting and signs shall 19. Editor's Note:Numbering refers to the Zoning Ordinance as it existed in 1994,when this section was adopted.See now§270.6. 271:20 06-01-2004 § 271-8 ZONING: SPECIAL LAND USE DISTRICTS § 271-8 have been shown on a final site plan and design drawings approved by the Planning Board, and any construction thereafter shall be in accordance with said site plan and drawings as finally approved. In determining whether or not to approve the site plan, the Planning Board shall employ the same considerations it would employ in approving the site plan pursuant to Article IX and Section 78 of the Town of Ithaca Zoning Ordinance 20 (2) Building permits shall be required for any construction, including construction of signs and outdoor lighting facilities. Such permits shall not be issued until the Planning Board has approved the design and specifications for such proposed construction. (3) Notwithstanding any provision of the Town of Ithaca Zoning Ordinance to the contrary, in Special Land Use District No. 7, no building shall be erected, altered, or extended to exceed 34 feet in height from the lowest interior grade or 30 feet in height from the lowest exterior grade, whichever is lower, except, however, that the one multifamily dwelling permitted pursuant to Subsection B(1) above may exceed said height limitations provided such building is constructed substantially in accordance with the elevations and plans numbered SK-L1J (Preliminary Site Plan - Alternative B.3), L-4 (Planting & Materials Plan), L-5 (Trail Plan), L-6 and L-7 (Details), and A-6R (Elevations), prepared by L. Robert Kimball &Associates and dated January 30, 1996, (hereinafter collectively referred to as the "January 30, 1996, Site Plan") copies of which are on file with the Town of Ithaca Planning Department. The heights shown on said plans shall constitute the maximum heights permitted for such building. Notwithstanding the foregoing, under no circumstances shall the highest point on the building exceed an elevation of 607 feet above City of Ithaca datum. No structure other than a building shall be erected, altered, or extended to exceed 30 feet in height. [Amended 3-11-19% by L.L.No.2-19961 (4) Except as specifically provided for herein any construction for which a permit is granted shall comply with all applicable laws, codes, ordinances, rules and regulations. (5) The dwelling units in this Special Land Use District No. 7 shall be occupied by persons over the age of 54 years requiring assisted living accommodations, except that adult persons under 55 years of age may reside in the units if because of disabling conditions said adult persons require the services provided by the owner, provided that no more than 10% of the occupants of the facility are under the age of 55. (6) All of the area rezoned pursuant to this section shall be owned by the same party and there shall be no subdivision of the area contained in Special Land Use District No. 7. (7) There shall be provided at least two parking spaces for every three dwelling units, except that the Planning Board may reduce the required number of spaces by no 20. Editor's Note:Numbering refers to the Zoning Ordinance as it existed in 1994,when this section was adopted. 271:21 06-01-2004 § 271-8 ITHACA CODE § 271-8 more than 20% in accordance with the criteria set forth in Section 38, subparagraph 1 of the Zoning Ordinance as amended by Local Law No. 10 for the year 1993,21 except that there need not be a finding that the occupancy of the building or buildings is intended to be a multiple use. If the Planning Board permits such a reduction, the Planning Board may impose such reasonable conditions, including the conditions set forth with respect to reductions of parking spaces in business districts, as may, in the judgment of the Planning Board, be necessary to assure that such reduction will not cause congestion, create undesirable traffic flows or hazards, or otherwise be adverse to the general welfare of the community. In any event, unless expressly waived by the Planning Board, such reduction shall be subject to the same mandatory conditions as are set forth with respect to business district parking area reductions. E. In accordance with the provisions of the Zoning Ordinance, a final site plan shall be submitted to and approved by the Town of Ithaca Planning Board before issuance of any building permits. A site plan that has received final site plan approval may be modified upon the application of the owner to the Planning Board for such modification. Such application shall be in accordance with the provisions of this section and the provisions of the Zoning Ordinance and the procedures applicable to such application shall be the same as are applicable to an initial application for site plan approval as set forth in the Zoning Ordinance. [Amended 3-11-19% by L.L. No. 2-19%; 11-7-2002 by L.L. No. 7-2002] (1) Notwithstanding the foregoing, Planning Board approval of a modification shall not be required: (a) If the modification does not involve: [1] Construction of an addition of more than 1,000 square feet of enclosed space attached to a residential building whether on one or more stories (provided such construction is in accordance with the height limitations and other requirements of this section and the Zoning Ordinance); nor [2] Construction or relocation of more than three parking spaces nor construction or relocation of any parking spaces to an area that is not adjacent to the original planned parking area; nor [3] Construction, alterations, or renovations affecting the exterior of a building or the site anticipated to cost more than $20,000; nor [4] Construction, alteration, or renovation of the interior of a building involving a change in occupancy or use; nor [5] Enlargement of an existing or previously approved building that involves an increase of square footage of more than 15% of the existing square footage of the existing or previously approved building; nor 21. Editor's Note:Numbering refers to the Zoning Ordinance as it easted in 1994,when this section was adopted. 271:22 06-01-2004 § 271-8 ZONING: SPECIAL LAND USE DISTRICTS § 271-8 [6] Reduction of an existing or previously approved building that involves a decrease of square footage of more than 15% of the existing or previously approved building; nor [7] Alteration of traffic flows and access nor a significant increase in the volume of traffic; nor [8] A significant (in the judgment of the Director of Planning) change in the aesthetic appearance of any structure or site plan element including landscape and lighting details from that presented at the time of the prior approval; nor [9] A change in the impacts of the project on surrounding properties, such as an increase in noise, water runoff, light illumination, or obstructions to views; nor [10] Violation of any express conditions (including, without limitation, buffer zones, setbacks, and similar restrictions) imposed by the Planning Board in granting prior site plan approval, or (b) If the modification does not involve a movement or shift of a location of one or more buildings more than two feet laterally or six inches vertically from the location or elevation shown on the final site plan where: [1] Such shift does not alter proposed traffic flows or access; and [2] Such shift does not directly violate any express conditions (including, without limitation, buffer zones, setbacks, etc.) imposed by the Planning Board in granting prior site plan approval. (2) The numerical criteria for the exceptions from the requirement of obtaining Planning Board approval are an aggregate maximum [i.e., if a 700 square foot addition is constructed without obtaining Planning Board approval pursuant to Subsection E(l)(a)[I] above, construction of a second addition larger than 300 square feet would require Planning Board approval of a modified site plan]. (3) This waiver of the requirement of Planning Board approval is not intended to permit construction in violation of any other provision of this section nor of the Zoning Ordinance including height, setback, side yard, and similar regulations, nor the requirement to obtain a building permit in those circumstances when otherwise required by the terms of this section, the Zoning Ordinance or the Building Code. (4) A demolition, or a proposed demolition, of an existing building, or of a previously approved building on a previously approved site plan, is a modification of a site plan subject to the terms of this section. F. The area encompassed and rezoned in accordance with this section to Special Land Use District No. 7 is described on Schedule A to this section.'The Official Zoning Map of the Town of Ithaca is hereby amended by adding such district at the location described. 22. Editor's Note:Said Schedule A is included at the end of§271-8. 271:23 06-01-2004 § 271-8 ITHACA CODE § 271-8 G. Any violations of the terms of this section shall constitute a violation of the Town of Ithaca Zoning Ordinance and shall be punishable as set forth in said ordinance and in § 268 of the Town Law of the State of New York. Each week's continued violation shall constitute a separate offense. Notwithstanding the foregoing, the Town reserves for itself, its agencies and all other persons having an interest, all remedies and rights to enforce the provisions of this section, including, without limitation, actions for any injunction or other equitable remedy, or action and damages, in the event the owner of the parcel covered by this section fails to comply with any of the provisions hereof. H. In the event that any portion of this section is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Schedule A Description of Property To Be Rezoned To Special Land Use District No.7 ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County of Tompkins, State of New York, bounded and described as follows: BEGINNING at an iron pin set at the intersection of the westerly highway line of the State of New York as appropriated for the Ithaca-Danby State Highway No. 5043 and delineated on Map 15 Parcel 22 and recorded in the Tompkins County Clerk's Office with the northerly line of lands reputedly of John M. Kelly as described in Liber 693 of Deeds at Page 255, said pin being located a perpendicular distance from the present center line of the Danby Road, State Highway Route No. 96B of 110.0 feet and is located 7.7 feet northerly from a granite highway monument found; Running thence westerly an average bearing of north 83 degrees 26 minutes 05 seconds west along the northerly line of lands reputedly of Kelly, reputedly of Payne as described in Liber 340 of Deeds at Page 365 and Liber 368 of Deeds at Page 371, and continuing along the lands reputedly of Cofer as described in Liber 611 of Deeds at Page 160, for a distance of 1,434.92 feet to an iron pipe found, said iron pipe marks the northeasterly corner of lands reputedly of Turk as described in Liber 458 of Deeds at Page 522; Running thence north an average bearing of north 04 degrees 26 minutes 55 seconds east along the easterly line of lands reputedly of Berggren as described in Liber 624 of Deeds at Page 79 and continuing along lands reputedly of Puerta as described in Liber 577 of Deeds at Page 613 and continuing along the lands reputedly of Goodloe as described in Liber 656 of Deeds at Page 590, for a distance of 714.42 feet to an existing iron pipe, said iron pipe marks the northeasterly corner of lands of Goodloe; Running thence north 89 degrees 57 minutes 24 seconds east along a proposed new division line through the lands of Ithaca College for a distance of 1,375.48 feet to an iron pin set; Running thence south 78 degrees 28 minutes 05 seconds east and continuing through the lands of Ithaca College for a distance of 230.0 feet to an iron pin set in the westerly highway line of New York State Route 9613, Danby Road; 271:24 06-01-2004 § 271-8 ZONING: SPECIAL LAND USE DISTRICTS § 271-9 Running thence south 11 degrees 31 minutes 55 seconds west along the westerly highway line of New York State Route 9613, the Danby Road for a distance of 525.0 feet to an iron pin set, said iron pin marks the northeasterly corner of the scenic overview area as appropriated by the State of New York; Running thence north 78 degrees 33 minutes 31 seconds west along the northerly line of the scenic overview area for a distance of 60.0 feet to an iron pin set; Running thence south 11 degrees 30 minutes 40 seconds west along the westerly line of the scenic overview area for a distance of 335.64 feet to an iron pin set, the point and place of beginning. Said parcel contains 28.010 acres of land to the highway line. §271-9. Special Land Use District No. 8 (Limited Mixed Use, EcoVillage). [Adopted 1-30-1995 by L.L.No. 1-19951 A. Findings. (1) The Town of Ithaca's Comprehensive Plan encourages the development of environmentally sound housing communities; and (2) A group, now known as First Residents Group, is in the process of forming a Cooperative Housing Corporation under the laws of the State of New York to be named EcoVillage Co-Housing Cooperative for the purpose of developing and owning such housing; and (3) EcoVillage at Ithaca, another entity, has agreed to sell approximately 33 acres to the First Residents Group or its successor cooperative, contingent upon the rezoning provided by this section and receipt of all other requisite approvals by the Town of Ithaca and Tompkins County; and (4) The proposed project will: (a) Contribute to the variety of housing styles and patterns of development available in the Town; (b) Develop and model a neighborhood design for pedestrians, with minimal traffic, attractive landscaping, and safe play areas for children; (c) Utilize clustering to create an aesthetic, quiet and safe neighborhood space to help foster a sense of community; (d) Utilize interior acreage for housing, which will allow preservation of better agricultural soils, avoid strip-type residential development along roadways, create a safer environment, preserve existing rural character and existing views along roadways; (e) Demonstrate the manner in which housing may be developed to conserve energy and water, by utilizing passive solar designs, super-insulation, careful landscaping for wind protection and low-flow water devices; 271:25 06-01-2004 § 271-9 ITHACA CODE § 271-9 (f) Demonstrate how housing may be developed which conserves energy by building smaller individual dwellings and concentrating otherwise-duplicated, energy-consuming spaces into a community center or "common house"; (g) Demonstrate how meaningful open space may be preserved in conjunction with construction of new housing at ordinarily-permitted densities. B. Purpose. It is the purpose and intent of this section to allow, by creation of a Special Land Use District, an opportunity for the implementation of the foregoing goals and objectives in an environmentally and ecologically sound manner. C. Amendments to Zoning Ordinance. The Zoning Ordinance of the Town of Ithaca, as readopted, amended and revised, effective February 26, 1968, and thereafter further amended, be further amended as follows: (1) Addition of Special Land Use District No. 8. Article II, Section 2, of the Town of Ithaca Zoning Ordinance'is amended by adding to the permissible districts itemized in said section a district designated as "Special Land Use District No. 8." D. Principal use regulations. In Special Land Use District No. 8 (the "SLUD") the following areas, as shown on document "EcoVillage Site Usage Areas 1998" on file with the Town of Ithaca Planning Department, are defined with their permitted uses: [Amended 9-10-2001 by L.L. No. 4-20011 I. Natural Area: This area is a permanently preserved natural, open space with the following permitted uses: forest, natural succession, forest management including logging in accordance with good forest management practices, no more than one retreat cabin not exceeding 500 square feet in floor area (unless up to two additional cabins are authorized by the Planning Board), outdoor areas for aquaculture, constructed wetland or other water cleansing demonstration projects, an auxiliary utility building, gardens, walking trails, and other similar non-intrusive types of uses. Structures other than related to the above are prohibited in the Natural area. For the purpose of this section, "aquaculture" means use of ponds for agricultural production to demonstrate how natural ecosystems can produce edible plants, fish and other aquatic species for domestic noncommercial consumption. II. Agricultural Area: Permitted uses shall include all principal and accessory agricultural uses (except residential uses) set forth below, except as the same may be limited by other restrictions placed upon the land by EcoVillage of Ithaca, Inc. or others. 23. Editor's Note:Numbering refers to the Zoning Ordinance as it effisted in 1995,when this section was adopted.See now§270-6. 271:26 06-01-2M § 271-9 ZONING: SPECIAL LAND USE DISTRICTS § 271-9 III. Residential Area: This area will be allowed to contain up to 150 dwelling units in up to five neighborhoods. Each neighborhood shall consist of a minimum parcel of five areas of land. Subdivisions of land (as defined in the Town's Subdivision Regulations) whether for sale, lease or other transfer shall be permitted only within the SLUD area designated as "Residential." In the Residential Area no building shall be erected or extended and no land or building or part thereof shall be used for other than any of the following purposes:" (1) A one-family dwelling. A one-family dwelling may be occupied by not more than: (a) One family, or (b) One family plus no more than one boarder, roomer, lodger, or other occupant. (2) A two-family dwelling. A two-family dwelling may be occupied by not more than two families and each dwelling unit in a two-family dwelling may be occupied by no more than: (a) One family, or (b) One family plus no more than one boarder, roomer, lodger, or other occupant. (3) A multifamily dwelling. Each dwelling unit in a multiple residence shall be occupied by no more than: [Added 9-10-2001 by L.L. No. 4-20011 (a) One family or (b) One family plus no more than two boarders, roomers, lodgers or other occupants. (4) Up to five community centers, also known as "common houses" which may house recreation, meeting, and dining space, children's playrooms, kitchen facilities, common laundry facilities, and other accessory uses permitted in this Special Land Use District and/or other community space, compatible with its purpose of being an extension of residents homes provided, however, that the community center is to be used primarily by the residents of the dwellings located within this Special Land Use District. At least one, but no more than one, community center shall be constructed for each 30 residences, unless the Planning Board issues a waiver of this requirement or limitation in the process of site plan review for good cause shown. [Amended 9-10-2001 by L.L. No. 4-20011 (5) Special approval uses. (a) The following uses but only upon receipt of a special approval for same by the Board of Appeals in accordance with the procedures described below: 271:27 06-01-2004 § 271-9 ITHACA CODE § 271-9 [1] Church or other places of worship, convent and parish house. [2] Public library, public museum, public, parochial and private schools, day-care center, and nursery school. [3] Publicly owned park or playground including accessory buildings and improvements. [4] Nursing or convalescent home, or medical clinics. (b) The application for approval of any of the foregoing uses shall be referred to the Planning Board and no final action by the Board of Appeals shall be taken until the Planning Board has reviewed at least a preliminary site plan and approved same. If the Zoning Board of Appeals approves same, and if only a preliminary site plan was approved by the Planning Board, the matter shall be returned to the Planning Board for final site plan approval. The site plan approval process shall be as set forth in Article IX of the Zoning Ordinance24 supplemented by the provisions of this section. No building permit shall be issued unless the proposed structure is in accordance with the final site plan approved by the Planning Board. (6) Garden, nursery, of farm, except there shall be no hog farm where the principal food is garbage and there shall be no commercial raising or sale of livestock or fish. Sale of other farm and nursery products shall be subject to the provisions of Section 18, Subdivision 7, of the Ordinance u Usual farm buildings are permitted, provided that: [Amended 9-10-2001 by L.L. No.4-20011 (a) Any building in which farm animals are kept shall be at least 100 feet from any dwelling or community center and any street right of way, and if subdivision approval is obtained, at least 100 feet from any lot line. (b) No manure shall be stored within 100 feet of any dwelling or community center or street right of way, and if subdivision approval is obtained, within 100 feet of any lot line. (7) Any municipal, public or private utility purpose necessary to the maintenance of utility services. (8) Cemetery and the buildings and structures incident thereto, but only upon special approval of the Board of Appeals. (9) A roadside stand or other structure for the display and sale of farm or nursery products incidental to farming and as a seasonal convenience to the owner or owners of the land. Any such stand shall be located a minimum of 15 feet from the street line, in such a manner as to permit safe access and egress for automobiles, and parking off the highway right of way and shall not be operated more than eight months out of any one year. 24. Editor's Note:Numbering refers to the Zoning Ordinance as it existed in 1995,when this section was adopted. 25. Editor's Note:Numbering refers to the Zoning Ordinance as it existed in 2001,wben this section was amended. 271:28 06-01-2004 § 271-9 ZONING: SPECIAL LAND USE DISTRICTS § 271-9 (10) Signs, as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca. (11) Day-care homes and group day-care facilities. (12) Group family day-care homes upon special approval by the Board of Zoning Appeals pursuant to Section 77, Subdivision 7 u E. Accessory uses. Permitted accessory uses in Special Land Use District No. 8 shall be limited to the following: (1) Office of a resident doctor, dentist, musician, engineer, teacher, lawyer, artist, architect, computer consultant, software consultant, or member of other recognized profession and quasi-profession where such office is a part of the residence building provided that not more than three additional persons not residing on the premises may be employed. (2) Customary home occupation. (a) A customary home occupation (such as dressmaking, hair dressing, laundering, home cooking, carpentry, electrical, and plumbing work or similar manual or mechanical trade) operated solely by a resident of the dwelling provided that: [1] No additional person not residing on the premises may be employed therein; and [2] No goods or products are publicly displayed or advertised for sale; and [3] There is no outside storage; and [4] No noise, dust, disorder, or objectionable odor is experienced beyond the dwelling where such use is conducted. (b) Any of the above mechanical trades that are conducted in the home shall be conducted within the confines of the dwelling or the basement of the dwelling or in a garage area not to exceed 200 square feet. (3) Offices or occupations as set forth in Subsection E(1) and (2) above may be conducted in the common house provided: (a) The person or persons conducting such profession or home occupation is a or are permanent residents of the Special Land Use District except, as to professions enumerated in Subsection E(1) above, no more than one additional nonresident person may be employed by any one professional or quasi-professional, and no more than four additional nonresident persons may be employed in the aggregate by all of the professionals and quasi-professionals occupying work space in the common house; and (b) No more than eight separate offices or work spaces are so occupied in the common house; and 26. Editor's Note:Numbering refers to the Zoning Ordinance as it eAsted in 1995,when this section was adopted. 271:29 06-01-2004 § 271-9 ITHACA CODE § 271-9 (c) The aggregate space of all the offices and occupation spaces combined does not exceed 20% of the total gross floor area of the common house; and (d) No goods or products are publicly displayed or advertised for sale; and (e) There is no outside storage; and (f) No noise, dust, disorder, or objectionable odor is experienced beyond the space where such occupation or use is conducted; and (g) No one office or trade authorized above shall be conducted in any space in excess of 200 square feet; and (h) The total number of offices or occupations set forth in Subsection E(1) and (2) located anywhere in this Special Land Use District, whether in common houses or in residences, shall not in the aggregate exceed the number of dwelling units. (i.e., there shall be no more home occupations or professional offices authorized within the Special land Use District than if the property were in a Residence District R30). [Amended 9-10-2001 by L.L. No. 4-2001] (4) Off-street garage or parking space for the occupants, users and employees in connection with uses specified above, but subject to provisions of Section 45 and Section 69 of the Ordinance,"and subject to the other provisions of this section. (5) A temporary building for commerce or industry, where such building is necessary or incidental to the development of the residential area. Such buildings may not be continued for more than one year except upon special approval of the Board of Appeals. (6) Accessory buildings such as dog houses, storage sheds, carports, gazebos, or other small structures clearly ancillary and related to dwelling uses in the Special Land Use District and subject to all other provisions of this section. (7) The keeping of domestic animals or fowl in accessory buildings, provided that no such building shall be nearer than 50 feet to any other dwelling and shall be located on land owned or leased by the person occupying the principal dwelling to which such building is accessory, and further provided that there shall be no raising of fur-bearing animals, keeping of horses for hire, or kennels for more than three dogs over six months old. (8) Signs, as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca. F. Manner of land ownership. (1) The property in this Special Land Use District may be owned in the following manners: 27. Editor's Note:Numbering refers to the Zoning Ordinance as it e:dsted in 1995,when this section was adopted. 271:30 06-01-2004 § 271-9 ZONING: SPECIAL LAND USE DISTRICTS § 271-9 (a) Each dwelling unit may be owned individually by more than one person or entity (with or without a homeowners' association or similar body) provided that there is compliance with Chapter 234, Subdivision of Land, of the Code of the Town of Ithaca (including the cluster subdivision regulations); or (b) As a cooperative (where there is one entity that owns the land and which leases land to individuals who then erect dwelling units on the leased land or where one entity owns the land and all buildings and leases specific dwelling units and associated accessory buildings to individuals or families); or (c) As a condominium; and [Amended 9-10-2001 by L.L. No. 4-20011 (d) Common land, facilities and infrastructure (roadways, water and sewer lines and other infrastructure) may be owned by a separate corporation controlled by the residents of all EcoVillage neighborhoods. [Added 9-10-2001 by L.L. No. 4-2001] (e) Open land with or without building structures may be owned by the nonprofit EcoVillage at Ithaca, Inc. [Added 9-10-2001 by L.L. No. 4-2001] (2) Regardless of the manner of ownership, before construction of any improvements anywhere in the Special Land Use District is commenced, except as otherwise specifically provided by this section, a site plan for such construction shall be submitted to and approved by the Planning Board. (3) In the event land is to be owned by a cooperative, a final site plan, providing such detail as is normally required for a subdivision and showing the dimensions and location, in such detail as the Planning Board may require, of the proposed leased areas, shall be submitted to, and approved by, the Planning Board before any building permits are issued. The criteria for approval of such site plan shall be the same criteria used by the Planning Board in approving site plans and subdivisions set forth elsewhere in the Zoning Ordinance and in the Planning Board's Subdivision Regulations (Chapter 234, Subdivision of Land). G. Density limitations. There shall be no more than 150 dwelling units constructed within this Special Land Use District. There shall be a maximum of 30 dwelling units per neighborhood unless otherwise authorized by the Planning Board. For every six dwelling units, a minimum of one acre of land will be designated as part of the neighborhood footprint, as defined in the approved site plan. [Amended 9-10-2001 by L.L. No. 4-2001] H. Yard regulations. The minimum distance between buildings shall be in compliance with the New York Uniform Fire Prevention and Building Code, except in the case of multifamily dwellings in which case the distance between any two buildings shall be no less than the height of the two buildings when averaged together, or 20 feet, whichever is greater. [Amended 9-10-2001 by L.L. No. 4-2001] I. Height regulations. In this Special Land Use District no building shall be erected, altered, or extended to exceed 40 feet in height from the lowest interior grade or 40 feet in height from the lowest exterior grade, whichever is lower. No structure other than a building 271:31 06-01-2004 § 271.-9 ITHACA CODE § 271-9 shall be erected, altered, or extended to exceed 30 feet in height. Notwithstanding the foregoing, the Planning Board may grant special approval for construction of accessory towers in excess of 40 feet but in no event shall any structure exceed 60 feet in height. J. Lot coverage. No structure or structures, including accessory buildings or structures and including parking area and other paved areas, shall be erected, constructed, altered or extended to cover, in the aggregate, more than 10% of the land area within the Special Land Use District or more than 50% of each neighborhood footprint. [Amended 9-10-2001 by L.L. No. 4-20011 K. Parking. [Amended 9-10-2001 by L.L.No. 4-2001] (1) There shall be provided paved parking, or parking spaces surfaced in such other manner as may be approved by the Town Planning Board and the Town Engineer, at the rate of at least 1 1/2 parking spaces for each dwelling unit plus one parking space for each 400 square feet of enclosed building space in any community center. (2) Notwithstanding the foregoing, if the Planning Board determines that a reduction in the required number of parking spaces will not adversely affect traffic flow on the proposed site, will leave adequate parking for all of the reasonably anticipated uses or occupancies on the site, and will not otherwise adversely affect the general welfare of the community, such Board may authorize the minimum number of parking spaces to be reduced by no more than 25%. If the Planning Board permits such a reduction, it may impose such reasonable conditions, including the conditions set forth with respect to reductions of parking spaces in business districts, as may, in the judgment of the Planning Board, be necessary to assure that such reduction will not cause congestion, create undesirable traffic flows or hazards, or otherwise be adverse to the general welfare of the community. In any event, unless expressly waived by the Planning Board, such reduction shall be subject to the same mandatory conditions as are set forth with respect to business district parking area reductions. L. Size limitations. The maximum square footage for any dwelling unit shall not exceed 2,000 square feet. However, these units may be attached in a duplex or townhouse configuration or as stacked units. [Added 9-10-2001 by L.L. No.4-20011 M. Buffer zones. No buildings or structures shall be located within 50 feet of the boundaries of the Special Land Use District. In addition, no buildings or structures shall be located within a twenty-five-foot buffer zone surrounding each neighborhood footprint, except for structures that are established for the joint benefit of contiguous neighborhoods. [Added 9-10-2001 by L.L. No. 4-2001] N. Building permits and site plan approval. (1) In accordance with the provisions of the Zoning Ordinance a final site plan shall be submitted to and approved by the Town of Ithaca Planning Board before issuance of any building permits. Any significant revisions to the Preliminary Site Plan ("Drawing No. 2A - Project Plan, EcoVillage Co-Housing Cooperative, Revised Road, Revised Property Lines" made by House Craft Builders dated 271:32 06-01-2004 § 271-9 ZONING: SPECIAL LAND USE DISTRICTS § 271-9 October 26, 1994, a copy of which is on file at the Town of Ithaca Planning Department), submitted to the Town Board at the time of the creation of this Special Land Use District, shall be submitted to and be approved by the Town Board before issuance of any building permits. (a) Notwithstanding the foregoing, the Planning Board is authorized to permit modifications of the Preliminary Site Plan in granting final site plan approval provided that: [1] As modified such site plan is in general conformity with the purposes and objectives of this section creating this Special Land Use District; and [2] The modifications are in accordance with the provisions of this section and other provisions of the Zoning Ordinance unless a variance for a deviation has been obtained from the Board of Appeals; and [3] The modifications do not significantly reduce the open space provided for on the preliminary site plan. (b) Each neighborhood's site plan shall show exact locations and dimensions of proposed buildings. [Added 9-10-2001 by L.L. No. 4-2001] (2) Building permits shall be required for any construction. Such permits shall not be issued unless and until the exterior design, specifications, and plans for the buildings and all other improvements to be constructed in the Special Land Use District and construction of all outside facilities including lighting and signs shall have been shown on the final site plan approved by the Planning Board, and any construction hereafter shall be in accordance with said site plan as finally approved. In determining whether to approve the site plan, the Planning Board shall employ the same considerations it would employ in approving a site plan pursuant to Sections 46 and 78 of this Ordinance. O. Primary ingress and egress to the Special Land Use District. [Amended 9-10-2001 by L.L. No. 4-2001] (1) No building permits shall be issued for construction of any structures within the Special Land Use District unless the following exist at the time of the issuance of such permit to assure adequate ingress and egress to the property: (a) A primary access road from Mecklenburg Road is legally available to all current and potential future residents, constructed, and maintained to the extent of providing, in the opinion of both the Town Engineer and Town Highway Superintendent, a usable, serviceable roadway for ingress and egress of residential, emergency and service vehicles, to all dwellings and community buildings in the Special Land Use District as shown on the final site plan. 28. Editor's Note:Numbering refers to the Zoning Ordinance as it eidsted in 1995,when this section was adopted. 271:33 06-01-2004 § 271-9 ITHACA CODE § 271-9 (b) Suitable provisions to assure continuing legal access and continuing maintenance of the road to a standard which will allow unimpeded passage of emergency vehicles at all times and in all seasons. (c) A sign posted at the intersection of the private road and Route 79 indicating that the road is not a Town road. (2) No certificates of occupancy shall be issued, and no permits for construction of more than ten dwelling units for any new neighborhood cluster within the Special Land Use District shall be issued, unless and until: (a) The road referred to above, plus any additional road necessary to provide fire and emergency protection for the new neighborhood cluster, has been completed in accordance with the applicable Town of Ithaca highway specifications in effect at the time immediately prior to the issuance of the first building permit for any such structure, except that if the Town of Ithaca highway specifications require paving of the road, paving may be omitted, and except that as to spur roads serving individual neighborhood groups from the main road (Rachel Carson Way) the Planning Board may waive the application of any part of the Town Highway specifications: [1] If it determines that full compliance with such specifications is not necessary to provide adequate traffic circulation; [2] If it determines that such waivers will not prevent the normal and reasonable access in all seasons of fire and medical emergency vehicles; and [3] The Town Highway Superintendent and the Town Engineer recommend such waiver, and [4] There is proof provided to the Town Engineer and Planning Board that there is adequate financial support available to the developer to complete the road, such proof being in the form of a dedicated escrow account, performance bond, letter of credit, or other proof satisfactory and acceptable to the Town Engineer, Attorney for the Town and the Planning Board; and [5] The Town Engineer and Town Highway Superintendent recommend granting the waiver. (b) If such a waiver is granted, the Planning Board may impose such reasonable conditions upon the grant as it may deem appropriate to assure completion of the road in a timely and workmanlike manner. P. Secondary ingress and egress to the Special Land Use District. No building permits and no certificates of occupancy shall be issued for any buildings constructed in the Special Land Use District unless there is in existence at the time of such issuance: [Amended 9-10-2001 by L.L. No. 4-20011 271:34 06-01-2004 § 271-9 ZONING: SPECIAL LAND USE DISTRICTS § 271-9 (1) A secondary access road from West Haven Road with a surface at least 10 feet wide over a strip of land at least 30 feet wide legally available to emergency fire, rescue, and medical vehicles (in fee or by easement), constructed, and maintained to the extent of providing, in the opinion of both the Town Engineer and Town Highway Superintendent, a usable, serviceable emergency roadway for ingress and egress of residential, emergency and service vehicles, to a point where it joins the primary access road at a point no further than 1,200 feet from any dwelling unit and community center proposed to be constructed as shown on the final site plan. The surface need not be asphalt provided that the surface constructed is, in the opinion of the Town Engineer and the Town Highway Superintendent, sufficient to provide year-round access for emergency vehicles. (2) Suitable provisions to assure continuous rights of access and continuous maintenance of the road to a standard which will allow unimpeded passage of emergency vehicles at all times and in all seasons. Q. Limitation of culs-de-sac. No cul-de-sac of greater than 1,200 feet from a point providing two means of access to and from public roads (Mecklenburg Road and/or West Haven Road) existing at the effective date of this section shall be constructed in the Special Land Use District. [Amended 9-10-2001 by L.L. No. 4-2001] R. Dedication of road to the Town of Ithaca. The road or roads may be offered for dedication to the Town provided that the road is constructed or reconstructed to Town specifications as in effect at the time of said proposed dedication except that, at the option of the Town, the Town may waive the requirement for paving provided that arrangements satisfactory to the Town, either by assessment, agreement, or otherwise, are provided such that if the Town paves the road, the cost of such paving shall be recouped within a reasonable period of time, satisfactory to the Town, from the owners or lessees of land in the Special Land Use District and any other users of the land. Said arrangements may, at the option of the Town, include letters of credit, bonds, deposits of funds, and/or personal guarantees of the owner and/or residents of the Special Land Use District. Nothing in this provision is intended to compel the Town to accept such dedication. S. Maintenance of open space. All the open space shown on the site plan will be owned, maintained, and the use thereof controlled by a residents association or duly formed cooperative housing corporation or the nonprofit EcoVillage at Ithaca, Inc., primarily for the enjoyment, passive and active recreation, and agricultural purposes of the residents of the Special Land Use District provided, however, that if any land is dedicated to the Town as part of any required park or open space recreation dedication, those areas owned by the Town will be owned, maintained, and the use thereof controlled by the Town. [Amended 9-10-2001 by L.L. No. 4-2001] T. Construction requirements. All construction for which a permit is required or granted shall comply with all applicable laws, codes, ordinances, rules and regulations. U. Ownership of ingress and egress roads. The primary road providing access to the property running from Mecklenburg Road to the area within the Special Land Use District shall be owned in fee title by the cooperative, homeowners' association, 271:35 06-01-2004 § 271-9 ITHACA CODE § 271-9 condominium association, or all of the owners of any individual lots contained within the Special Land Use District, as approved by the Planning Board upon the advice of the Attorney for the Town to assure continued access to and from public roads for the property in the Special Land Use District. This provision shall terminate at such time, if ever, as the road is conveyed to the Town or other public road access approved by the Planning Board is provided to the property within the District. Lots subdivided within the Residential Area do not have to have frontage or minimum lot width on a public street, so long as access and the necessary cross-easements for access to the primary EcoVillage road is guaranteed to the satisfaction of the Town. [Amended 9-10-2001 by L.L. No. 4-2001] V. Provision of sewer facilities. No certificates of occupancy will be issued, and no permits for construction of more than 10 dwelling units per neighborhood cluster within the Special Land Use District shall be issued, unless and until the following shall have occurred: [Amended 9-10-2001 by L.L.No.4-2001] (1) Sewer easements for the benefit of the Town for a public sewer line running from a presently existing public sewer to the location of the proposed dwelling units and community center as shown on the finally approved site plan are obtained in the form normally required by the Town of Ithaca from all landowners over which said sewer line must run and the same recorded in the Tompkins County Clerk's Office; and (2) A sewer line is constructed by the developer or other owner of land in the Special Land Use District, at such party's expense, in accordance with all applicable specifications and requirements (including the Town of Ithaca and Tompkins County specifications) to the satisfaction of the Tompkins County Health Department and the Town of Ithaca Town Engineer and the line is transferred and dedicated to the Town of Ithaca. (a) The developer may request a waiver from the requirement of this Subsection V(2) to the extent of obtaining additional building permits earlier than would otherwise be authorized by applying for such a waiver to the Planning Board. The Planning Board may, but is not required to, authorize the issuance of more than ten building permits if the Planning Board finds: [1] The plans for the sewer line have been approved by all applicable agencies; [2] Work has been commenced on the construction of the line and is progressing with sufficient rapidity that it is reasonable to expect that it will be completed before any certificates of occupancy for any dwelling units are issued; [3] It would be a substantial hardship to one or more individuals to delay construction of more than 10 of dwelling units; and [4] There is proof provided to the Town Engineer and Planning Board that there is adequate financial support available to the developer to complete the line, such proof being in the form of a dedicated escrow 271:36 06-01-2004 § 271-9 ZONING: SPECIAL LAND USE DISTRICTS § 271-9 account, performance bond, letter of credit, or other proof satisfactory and acceptable to the Town Engineer, Attorney for the Town and the Planning Board; and [5] The Town Engineer recommends granting the waiver. (b) If such a waiver is granted, the Planning Board may impose such reasonable conditions upon the grant as it may deem appropriate to assure completion of the sewer line in a timely and workmanlike manner. W. Provision of adequate water facilities. (1) No certificates of occupancy will be issued, and no permits for construction of more than 10 dwelling units per neighborhood cluster within the Special Land Use District shall be issued, unless the following exist at the time of the issuance of such permit or certificate to assure adequate water supply for the proposed development: [Amended 9-10-2001 by L.L. No. 4-2001] (a) Water lines built by the developer at the developer's expense in accordance with the requirements of all applicable governing authorities and laws including the requirements of the Tompkins County Health Department, and applicable plumbing and building codes, as the same pertain to a private water system; and (b) A pump station owned and maintained by the owner(s) or residents of the Special Land Use District providing pumping capacity adequate, in the reasonable judgment of the Town Engineer, the Town Planning Board, and the Tompkins County Health Department, to provide sufficient flows of water at the dwelling sites for domestic household use and at the common houses for lavatory, kitchen, fire protection (unless other fire protection mechanisms have been approved by the appropriate officials of the Town), and any other proposed use requiring water. (c) A meter installed by the developer at the developer's expense at the point on West Haven Road where said private line intersects the public main for purposes of metering consumption within the Special Land Use District in accordance with the Town of Ithaca, Southern Cayuga Lake Intermunicipal Water Commission, and any other municipal agency's requirements for water supply purposes. (2) The developer may request a waiver from the requirements of one or more of the subsections above to the extent of obtaining additional building permits earlier than would otherwise be permitted by applying for such a waiver to the Planning Board. The Planning Board may, but is not required to, authorize the issuance of more than ten building permits if the Planning Board finds: (a) The plans for the water line have been approved by all applicable agencies; (b) Work has been commenced on the construction of the line and station and is progressing with sufficient rapidity that it is reasonable to expect that it will 271:37 06-01-2004 § 271-9 ITHACA CODE § 271-9 be completed before any certificates of occupancy for any dwelling units are issued; (c) It would be a substantial hardship to one or more individuals to delay construction of more than 10 of dwelling units; and (d) There is proof provided to the Town Engineer and Planning Board that there is adequate financial support available to the developer to complete the line and associated facilities, such proof being in the form of a dedicated escrow account, performance bond, letter of credit, or other proof satisfactory and acceptable to the Town Engineer, Attorney for the Town and the Planning Board; and (e) The Town Engineer recommends granting the waiver. (3) If such a waiver is granted, the Planning Board may impose such reasonable conditions upon the grant as it may deem appropriate to assure completion of the water line and associated facilities in a timely and workmanlike manner. X. Modification of site plan. Any change in the site plan as finally approved by the Town Planning Board shall not be made until an application for a modification of site plan is provided to and approved by the Town Planning Board. Y. Area rezoned. The area encompassed and rezoned in accordance with this section to be Special Land Use District No. 8 is described on Schedule A to this section"The Official Zoning Map of the Town of Ithaca is hereby amended by adding such district at the location described. Z. Reversion. (1) Unless work has materially commenced in accordance with a final site plan within one year from the issuance of the building permit authorizing such work, or within 36 months of the date the Planning Board gave final site plan approval, or within four years of the effective date of this section, whichever is earlier, any building permit shall lapse, the site plan approval (both final and preliminary, if any) shall expire, and the zoning change effected by this section shall terminate and the zoning shall revert to that in effect prior to the adoption of this section, unless in the interim there has been a general rezoning of the area surrounding the area being rezoned by this section, in which event the zoning shall revert to the same zoning as then in effect along a majority of the perimeter of the land being rezoned as a Special Land Use District by this section. The Planning Board, upon request of the applicant, after a public hearing, and upon a finding that the imposition of the time limits set forth above would create an undue hardship on the applicant, may extend the time limits for such additional periods as the Planning Board may reasonably determine. An application for such extension may be made at the time of filing of the original application for site plan approval or at any time thereafter up to, but no later than, six months after the expiration of the time limits set forth above. 29. Editor's Note:Said Schedule A is included at the end of§271-9. 271:38 06-01-2004 § 271-9 ZONING: SPECIAL LAND USE DISTRICTS § 271-9 (2) For the purposes of this section, work will not have "materially commenced" unless, at a minimum, i) a building permit, if required, has been obtained; ii) construction equipment and tools consistent with the size of the proposed work have been brought to and been used on the site; and iii) substantial excavation (where excavation is required) or significant framing, erection, or construction (where excavation is not required) has been started and is being diligently pursued. AA. Invalidity. If any provision of this section is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this section which shall remain in full force and effect. Schedule A Description of Area Rezoned Special Land Use District No. 8 2001 Amendment [Amended 9-10-2001 by L.L. No. 4-2001] All that tract or parcel of land situate in the Town of Ithaca, County of Tompkins, State of New York,bounded and described as follows: 271:39 06-01-2004 § 271-9 ITHACA CODE § 271-9 Beginning at a point in the center line of Mecklenburg Road which point is approximately 225 feet westerly from the intersection of such center line with the center line extended of West Haven Road; thence southerly on a line parallel with and 225 feet westerly from the center line of West Haven Road a total distance of approximately 1282.15 feet to the northwesterly corner of lands now or formerly of Robert A. and Elizabeth Hesson (L. 603, P. 564); thence S P 48' 31 E along the westerly line of said lands of Hesson, passing through a point at the southwesterly corner of said lands of Hesson and continuing a total distance of 482.53 feet to a point located in the centerline of a creek; thence along the center line of said creek, being also the northerly line of lands now or formerly of Frank & Rose V. Flacco (L. 548, P. 9), the following six (6) courses and distances: (1) N 76° 25' 16" W, a distance of 76.65 feet to a point; (2) thence S 83° 51' 07" W, a distance of 185.05 feet to a point; (3) thence S 87° 57' 22" W, a distance of 106.21 feet to a point; (4) thence N 40° 30' 59" W, a distance of 117.33 feet to a point; (5) thence N 8° 36' 54" W, a distance of 47.43 feet to a point; (6) thence N 52° 59' 10" W, a distance of 119.59 feet to a point being a northerly corner in said Flacco premises; thence S 3° 49' 6" W along the westerly line of said lands of Flacco a total distance of 716.89 feet to an iron pin located at the southwesterly corner of said lands of Flacco; thence S 86° 57' 21" W, along a northerly line of lands now or formerly of Donald F. & Genevieve W. Henry (L. 737, P. 141), a distance of 84.76 feet to an iron pin located at a northwesterly corner of said lands of Henry; thence S 6° 49' 6" E, along a westerly line of premises of Helen DeGraff (L. 310, P. 15 & L. 448, P. 1027), a distance of 1066.73 feet to an iron pin; thence S 87° 37' 09" W, along a northerly line of lands of DeGraff, and continuing along the northerly line of lands now or formerly of Longhouse Cooperative, Inc. (L. 546, P. 742), a total distance of 2072.73 feet to an iron pin located at a corner of lands now or formerly of Longhouse Cooperative, Inc. (L. 635, P 482 7 L 635, P. 492); thence N 03° 14' 12" W, along the easterly line of said lands of Longhouse Cooperative, Inc.," a distance of 400.29 feet to an iron pin located at a northeasterly corner of said lands of Longhouse Cooperative, Inc.; thence N 86° 45' 49" W along a northerly line of said lands of Longhouse Cooperative, Inc. a distance of 1047.69 feet to an iron pin located at a northwesterly corner of said lands of Longhouse Cooperative, Inc. being also an easterly line of lands reputedly owned by Cornell University; thence N P 17' 37" W, along an easterly line of said lands of Cornell, a distance of 700.38 feet to an iron pin located at a northeasterly corner of said lands of Cornell, being also a southerly line of lands now or formerly of YMCA of Ithaca and Tompkins County (L. 606, P. 172); thence N 88° 01' 30" E, along a southerly line of said lands of YMCA, a distance of 421.59 feet to an iron pin located at a southeasterly comer of said lands of YMCA; thence N 2° 23' 46" W, along an easterly line of said lands of YMCA, a distance of 965.44 feet to an iron pipe; thence N 87° 36' 14" E along a southerly line of said lands of YMCA, and continuing along the southerly line of lands now or formerly of Robin Bottie and David Warden (L. 633, P. 728) a total distance of 1725.73 feet to an iron pin located at the southeasterly corner of said lands of Bottie and Warden; 271:40 06-01 -2004 § 271-9 ZONING: SPECIAL LAND USE DISTRICTS § 271-10 thence N 01° 49' 46" W, along the easterly line of said lands of Bottie and Warden and continuing along the easterly line of the lands now or formerly of Joseph and Daisy Schimmenti (L. 557, P. 454) and the easterly line of the lands now or formerly of Sadegn Deljoo and Ngem Puang (L. 656; P. 235) a total distance of 1281.8 feet to a point in the said center line of Mecklenburg Road; thence N 87° 50' 16" E, along the said center line of Mecklenburg Road a total distance of 563.93 feet to a point; thence S 01° 48' 31" E, along the westerly line of lands now or formerly of Michael Carroll (L. 732, P. 330) a total distance of 721.5 feet to an iron pin; thence N 87° 50' 16" E, along the southerly line of said lands of Carroll a distance of 404.0 feet to an iron pin; thence N 0V 48' 31" W, along an easterly line of the said lands of Carroll a distance of 139.74 feet to a point; thence N 88° 11' 29" E, along a southerly line of the said lands of Carroll a distance of 125.00 feet to a point; thence N 01' 48' 31" W, along an easterly line of said lands of Carroll a distance of 300.00 feet to a point; thence S 88° 11' 29" W, along a northerly line of the said lands of Carroll a distance of 125.00 feet to a point; thence N 01' 48' 31" W, along an easterly line of said lands of Carroll a distance of 281.76 feet to a point in the said center line of Mecklenburg Road; thence N 88° 05' 53" E, along the said center line of Mecklenburg Road, a distance of approximately 522.14 feet to the point or place of beginning, being net 165.72 acres more or less. The above description is in accordance with a map entitled "SUBDIVISION MAP ECOVILLAGE COHOUSIING COOPERATIVE MECKLENBURG ROAD - N.Y.S. RTE. 79 TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK" with a sheet title of "SUBDIVISION PLAN MAP" Sheet 1, dated June 11, 2001, made by T.G. Miller P.C., a copy of which is on file with the Town of Ithaca Planning Office. §271-10. Special Land Use District No. 9 (Limited Mixed Use, Cornell Precinct 7). [Adopted 12-11-1995 by L.L. No. 14-1995] A. Preamble. (1) WHEREAS, Cornell University has plans for long term development of a portion of the Cornell University Campus known generally as "Precinct 7" of the recent Planning Study done by Cornell; and (2) WHEREAS, the plans are for development of this are solely for educational purposes and to further the education mission of the University; and (3) WHEREAS, in order to assess the short- and long-term environmental and other effects of development of this area, the University voluntarily undertook to prepare a Draft Generic Environmental Impact Statement ("DGEIS"); and (4) WHEREAS, the Town, Cornell, and many residents of the Town have participated in the analysis of the proposed development and the drafting of the DGEIS; and (5) WHEREAS, the DGEIS has now been completed and a Final Generic Environmental Impact Statement ("FGEIS") has been prepared by the Town, taking into account the concerns and comments expressed at several public hearings on the proposed development; and 271:41 06-01-2004 § 271-10 ITHACA CODE § 271-10 (6) WHEREAS, the Town's Planning Board and Town Board have issued findings relating to the proposed development and the FGEIS which, among other matters, set forth steps to mitigate, in part, some of the potential effects of the proposed development; and (7) WHEREAS, it has been concluded that a rezoning of the area from R-30 to a Special Land Use District would provide the most flexibility for the University to achieve its goals while preserving to the Town the ability to continue to regulate the proposed development to assure compliance with the Town's overall comprehensive plan and environmental requirements; and (8) WHEREAS, it is the intent of Cornell and the Town in connection with such regulation to continue to evaluate both the individual impacts of site speck projects as well as the cumulative impacts of all development taking place in Precinct 7; (9) NOW, THEREFORE, in view of the recitals set forth above, the information and materials contained in the FGEIS and related findings, in furtherance of the Town's Comprehensive Plan, and upon the request of Cornell University, the Zoning Ordinance of the Town of Ithaca as readopted, amended, effective February 26, 1968, and subsequently amended, be further amended as follows: B. Ordinance amended. Article 2, Section 1, of the Town of Ithaca Zoning Ordinance be and hereby is amended by adding to the permissible districts itemized in said section a district designated as "Special Land Use District No. 9," which Special Land Use District is shown on a map entitled "Site Plan Cornell University Precinct No. 7 Town of Ithaca Special Land Use District No. 9" dated August 10, 1995, a copy of which map was filed with the Town of Ithaca Planning Department (which map is hereinafter referred to as the "Special Land Use District Map") and which District consists of all of the lands bounded as follows: (1) North of the center line of Cascadilla Creek; (2) South of the center line of Route 366; (3) East of the intersection of the above; and (4) West of Town of Dryden line. C. Uses permitted. The uses permitted in this Special Land Use District are set forth below, all of which uses shall be conducted by an educational institution or an agency or third party affiliated with an educational institution. The permitted uses are: (1) Classroom, assembly, seminar and studio buildings. (2) Offices for or associated with educational purposes. (3) Libraries. 30. Editor's Note:Numbering refers to the Zoning Ordinance as it eadsted in 1995,when this section was adopted. See now§270-6. 271:42 06-01-2M § 271-10 ZONING: SPECIAL LAND USE DISTRICTS § 271-10 (4) Greenhouses for or associated with educational purposes. (5) Gardens, natural areas, agricultural plots and fields, and orchards for or associated with educational purposes. (6) Laboratories for or associated with educational purposes. (7) No more than one retail store which sells primarily orchard products and other products produced on or by Cornell facilities and which store is largely an ancillary activity to the Cornell Orchards. D. Educational uses permitted with a special approval. In addition the following uses, as part of, associated with, or in support of educational purposes conducted by an educational institution or an agency or third party affiliated with an educational institution and not primarily intended for the general public, are permitted but only upon receipt of a special approval for same by the Planning Board in accordance with the procedures described below: (1) Conference centers. (2) Restaurants, cafeterias or other food service uses. (3) The following convenience, service, or business facilities provided the same are in buildings owned by an educational institution and provide services principally to the students, staff and employees of the same educational institution and are not provided primarily for the general public's use and are contained in areas of 2,000 square feet of floor area or less: (a) Bookstore; (b) Travel agency; (c) Bank; (d) Parcel pickup and delivery; (e) Printing or copying facilities; (f) Convenience food markets. (4) Athletic, health, recreational or cultural facilities. (5) Child day-care or elder day-care center, medical center. (6) Maintenance, repair, servicing, utility, supply and storage facilities provided the same are owned by, and are provided solely to service, an educational institution and are not provided for the general public's use. (7) Barns and other animal handling facilities used in the furtherance of the teaching and/or research functions of an educational institution. (8) Antennae, ray domes, satellite dishes, and similar technical or scientific structures provided the same are used solely by an educational institution in furtherance of its 271:43 06-01-2004 § 271-10 ITHACA CODE § 271-10 teaching or research programs and are not permitted accessory uses set forth below. (9) Offices, laboratories, or greenhouses owned by third parties but sponsored by, affiliated with or cooperating with an educational institution for mutual benefit. (10) Off-street parking lots or garages which are not permitted accessory uses set forth below. E. Other uses permitted with a special approval. In addition, the following public and quasi-public offices and facilities are permitted but only upon receipt of a special approval for same from the Planning Board in accordance with the procedures described below: (1) Post office; (2) Fire station; (3) Local, state or federal governmental offices. F. Accessory uses. Permitted accessory uses shall include the following: (1) Off-street garage or parking spaces for employees, occupants, users or visitors in connection with a use permitted above, but subject to the provisions governing parking set forth in Subsection H(15) of this section and: (a) Providing parking for no more than 20 cars; or (b) Providing parking accessory to a building for which site plan approval has been obtained and the parking arrangements were shown on the site plan as so approved. (2) Parking garages primarily for employees, occupants, users or visitors to a use specified in Subsection C above, and located wholly within or underneath such structure or use specified in Subsection C above, and not occupying more than 25% of the structure's total floor area nor involving spaces for more than 20 cars. (3) Outdoor recreational areas including walkways, parks, trails, picnic tables, and other similar recreational facilities. (4) The following accessory buildings no larger than 2,000 square feet of floor area: (a) Storage sheds; (b) Pavilions; (c) Gazebos; (d) Bus shelters; or (e) Storage tanks. 271:44 06-01-2M § 271-10 ZONING: SPECIAL LAND USE DISTRICTS § 271-10 (5) Accessory uses within a use permitted above, such as employee or student cafeteria, and lunch room but not larger than 2,000 square feet in size unless included in the original plans of a structure: i) for which site plan or a special approval is being sought; or ii) for which such approvals were previously obtained; in which event the size may be as approved by the Planning Board, even if larger than 2,000 square feet. (6) Any municipal, public, or privately owned utility facility, 2,000 square feet or less in size, necessary to the development or maintenance of utility services for a principal use permitted above. (7) Signs, associated with the above uses but only in accordance with Chapter 221, Signs, of the Code of the Town of Ithaca or similar law as then in effect. (8) Antennae, ray domes, satellite dishes, and similar technical or scientific structures provided the same are used solely by an educational institution in furtherance of its teaching or research programs and are not more than 12 feet in height nor more than 12 feet in diameter. (9) Upon receipt of special approval from the Planning Board, any municipal, public, or privately owned utility facility, larger than 2,000 square feet in size, necessary to the development or maintenance of utility services for a principal use permitted above. G. Overall density limitation. No more than 4,000,000 square feet of enclosed space (including space below, at, and above grade level) shall be permitted within the boundaries of this Special Land Use District. H. Performance standards. Notwithstanding the foregoing, any use permitted in this Special Land Use District shall be in conformity with the following additional standards: (1) Density: Total maximum floor area ratio (FAR) of 0.9 for each site as well as for the aggregate of all developed sites in the Special Land Use District exclusive of the Natural Area. "FAR" is building floor area above grade divided by the total ground area of the site as hereinafter defined. "Ground area" is any given piece of land of any size so long as all buildings on it are counted and a given piece, or any part of a piece of land is not counted more than once. For example a building one story above grade, having a ground area defined as the size of its footprint, has a FAR of 1.0. The same amount of floor space in two stories above grade, that is covering half of the ground area of the original lot, would also be FAR 1.0. The same amount of floor space in 8 stories, covering 1/8 of the original lot, is also FAR 1.0. However, a building with half the square feet of floor space placed on the same lot would have a FAR of 0.5 regardless of the number of stories into which the floor area is divided. (2) Height: The maximum height of buildings and structures shall be as follows: (a) No building shall be erected, altered, or extended to exceed a maximum height of 50 feet measured from the lowest point of grade at the exterior building wall to the highest point of the roof of the building, but excluding 271:45 06-01-2004 § 271-10 ITHACA CODE § 271-10 rooftop appurtenances such as mechanical equipment, exhaust pipes, radio antenna provided such appurtenances do not themselves exceed an additional 12 feet in height. Upon special approval of the Planning Board, the height limitation of 50 feet may be increased to a maximum of 70 feet. If the lowest point of grade at the exterior building wall is an exterior entrance to a basement, or a loading dock, or some other form of access to a basement area, or a combination thereof, and if in the aggregate such basement access and loading docks do not exceed more than 10% of the entire perimeter of the building, such basement access or loading dock area may be excluded in determining the lowest point of grade at the exterior building wall. The Planning Board may, in its discretion, grant a special approval excluding up to an additional 10% of building perimeter dedicated to basement access or loading docks for purposes of height calculations if it determines that in so doing (in addition to the other criteria or considerations governing the granting of special approvals): [1] The overall visual impact of the mass of the building will not be significantly increased; and [2] The building will be adequately screened by berms, landscaping, or other methods to maintain a visual impact from all perspectives substantially consistent with the impacts that would be the result had the building been constructed without excluding additional perimeter footage from the height calculation; and [3] The proposed use of the building requires additional basement access and/or loading dock space; and [4] The increased height will not adversely affect the visual character of the general area surrounding the proposed building. (b) No structure, other than a building, shall be erected, altered, or extended to exceed 50 feet in height. (3) Ground coverage: Total coverage of ground by structures, road pavement, parking lots and pedestrian area pavements shall not exceed 45% of the site nor 45% of the aggregate of all developed sites in the Special Land Use District. Total maximum ground coverage by buildings alone shall not exceed 25% of the site nor 25% of the aggregate of all developed sites of the Special Land Use District. For the purpose of this subsection, the area contained in the Natural Area shall be not be included in any calculation of ground coverage (i.e., the 55% of open space shall be in addition to the lands contained in the Natural Area). (4) Road setback: Road setbacks shall be as follows: (a) From Route 366, Game Farm Road, and any other publicly owned road, a front setback of at least 75 feet from the road right of way line. In addition, if a building exceeds 30 feet in height above grade, the setback from a public road shall be increased one foot for each one foot of height in excess of 30 feet. 271:46 06-01-2004 § 271-10 ZONING: SPECIAL LAND USE DISTRICTS § 271-10 (b) From a privately owned road that provides access to facilities within the Special Land Use District but which roads are not conveyed to or maintained by a governmental entity, a front setback of at least 60 feet from the center line of such road. (5) Noise: (a) No use shall operate or cause to be operated any source of sound in such a manner as to create a sound level which exceeds the limits set forth for the land use category stated below when measured at the boundary of the site nearest the receiving land use. Receiving Land Use Time Sound Level Limit Category Residential use 7:00 a.m. - 7:00 p.m. 65 dBa 7:00 p.m. - 7:00 a.m. 55 dBa Natural areas 7:00 a.m. to 7:00 p.m. 60 dBa 7:00 p.m. to 7:00 a.m. 50 dBa All other 7:00 a.m. to 7:00 p.m. 68 dBa 7:00 p.m. to 7:00 a.m. 58 dBa (b) For any source of sound which emits a pure tone, a discrete tone or impulsive sound, the maximum sound limits set forth above shall be reduced by five dBa. (6) Vibration: No activity shall cause or create a discernible steady state or impact vibration at or beyond the boundary of the site. (7) Atmospheric emissions: There shall be no emission of dust, dirt, smoke, fly ash, or noxious gases or other noxious substances which could cause damage to the health of persons, animals, or plant life. (8) Odor: There shall be no emission of any offensive odor discernible at the boundary of the site. This standard is not intended to restrict customary agricultural practices. (9) Glare and heat: No glare or heat shall be produced that is perceptible beyond the boundaries of the site. Exterior illumination shall be shaded and directed to prevent glare or traffic hazard on surrounding properties and streets. (10) Radioactivity and electromagnetic interference: No activities shall be permitted which emit dangerous radioactivity. No activities shall be permitted which produce any electromagnetic disturbance adversely affecting the operation of any equipment outside the boundary of the site. (11) Fire and explosion hazards: All activities involving, and all storage of, inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and with adequate fire-fighting and fire-suppression equipment and devices standard in the industry and as may be 271:47 06-01-2004 § 271-10 ITHACA CODE § 271-10 required by any applicable codes, laws, or regulations. All burning of such waste materials in open fires is prohibited. (12) Vermin: There shall be no storage of material, either indoors or out, in such a manner that it attracts or facilitates the breeding of vermin or endangers public health or the environment in any way. (13) Natural Areas Protection: No new structure shall be built within a Natural Area (Cascadilla Creek Stream Corridor, McGowan Woods) as shown on the Special Land Use District Map, or within 75 feet of a Natural Area, without first obtaining the special approval of the Planning Board. In addition to the other criteria governing granting of special approvals, the Planning Board shall not grant special approval for such a structure unless the Board finds the proposed structure and its proposed location: (a) Is related to, can be made an integral part of, and enhances the recreational or educational use and enjoyment of, the Natural Area (such as a trail, bench, or observation platform), or (b) Is a necessary addition to a structure that had already been constructed within the Natural Area or the seventy-five-foot buffer at the effective date of the creation of this Special Land Use District; or (c) In the case of Cascadilla Creek is: [1] Necessary to provide a pedestrian or bicycle (but not motorized vehicle) connection between the Special Land Use District and the East Hill Plaza area; or [2] Necessary to provide utility connections for water, sewer, electricity, telephone or natural gas between the Special Land Use District and the East Hill Plaza area; and in any event (d) Accomplishes its purpose in the least intrusive manner to the environment of the Natural Area and is compatible with the natural and undeveloped character of the lands sought to be protected as the Natural Area. This last criteria is applicable to all of the construction referred to in Subsection H(13)(a) through (c) above. (14) View Area protection: (a) No new structure shall be built within the View Area (an area bounded on the north by Route 366, on the east by Town of Dryden line, and on the south by the a line commencing at a point approximately 2,100 feet southwesterly along the center line of Route 366 from its intersection with the center line of Game Farm Road (which point is at the intersection of the center line of Route 366 and the center line of a service road to the Boyce 271:48 06-01-2004 § 271-10 ZONING: SPECIAL LAND USE DISTRICTS § 271-10 Thompson research facility running southeast) and running east southeast to the northwest corner of McGowan Woods and then easterly along the north line of McGowan Woods to the Dryden Town line) as shown on the Special Land Use District Map except: [1] Roads for serving existing facilities in or adjacent to the View Area; and [2] Upon receipt of site plan approval and special approval from the Planning Board such structures as are: [a] Necessary additions to the existing Foundation Seed building; or [b] Small [less than 15 feet in height (as defined in Section 1.4-c and 1.4-d of the Zoning Ordinance31 ) and, in the aggregate less than 2,000 square feet in area (whether one or more buildings, the total square footage of all of the buildings will not exceed 2,000 square feet)] structures and are integral to the agricultural or recreational use of the land in the View Area; or [c] Lampposts of up to 25 feet in height provided the same are located within one hundred feet of the existing Foundation Seed building or are streetlights adjacent to a presently existing road or road approved as part of a site plan approval of the Planning Board; and in any event [d] Appropriate for accomplishing their purpose in the least intrusive manner to the view of Mount Pleasant and its environs and to the open space character sought to be protected by the View Area. (b) Any structures constructed pursuant to site plan and special approval shall be screened by vegetation, such as shrubs, as may be approved by the Planning Board provided such screening shall not exceed 20 feet in height, not interfere with the view of Mount Pleasant and its environs from Route 366, and not interfere with the open space character of the View Area. (15) Parking: (a) Off-street parking for vehicles and bicycles shall be provided to serve each facility constructed within this Special Land Use District which are occupied by human beings for more than four hours a day. The standards which follow are intended to provide a basis for determining a minimal amount of off-street parking for uses that are expected to occur in the Special Land Use District. In applying these standards, the Planning Board should recognize that shared parking will be common and desirable for educational uses within the Special Land Use District because peak demands will often occur at 31. Editor's Note:Numbering refers to the Zoning Ordinance as it eidsted in 1995,when this section was adopted. 271:49 06-01-2004 § 271-10 ITHACA CODE § 271-10 different times. In addition, the site plan procedures listed in Subsection J of this section provide alternative procedures for determining the number of required parking spaces based on the submission of a parking needs assessment and parking management plan. Unless the alternative procedures in Subsection J are applied, or unless another number of spaces are specified below or elsewhere in this section or the Zoning Ordinance, the amount of parking to be provided shall be a minimum of i) one parking space for each 1,200 square feet of enclosed space, or ii) two spaces per three occupants intended to be assigned to the facility, whichever of items i) or ii) results in the greater number of parking spaces. (b) In the case of the following uses a minimum number of off-street parking spaces shall be provided in accordance with the following schedule: [1] Classroom, assembly, seminar and studio buildings: two spaces for each classroom, seminar room or studio, and one space for each five seats in any large assembly room (containing more than 200 seats) not used exclusively for classroom teaching. [2] Offices: one space for each 300 square feet of office area, excluding hallways and common areas, or, where the number of assigned occupants is known, two spaces for each three occupants assigned to the facility, whichever results in the greater number of spaces. [3] Libraries: either: a) one space for each 300 square feet of office area and one space for each 400 feet of other enclosed floor space; or b) one space for each three occupants assigned to the facility plus one space for each eight seats assigned to public, faculty, or student reading or research areas; whichever results in the greater number of spaces. [4] Restaurant (where service is provided to persons seated at tables): one space for each five seats. [5] Cafeterias or other food service uses (where service is buffet or cafeteria style): one space for each three occupants assigned to the facility plus one space for each 10 seats. [6] Retail store and convenience, service and business facilities listed in Subsection D(3) of this section and not otherwise enumerated in this section: one space for each 200 square feet of ground floor sales space plus one space for each 500 square feet of any other floor area in the facility. [7] Maintenance, storage and repair facilities; barns and other animal handling facilities: one space for each three occupants assigned to the facility. [8] Greenhouses: one space for each three occupants assigned to the facility. 271:50 06-01-2004 § 271-10 ZONING: SPECIAL LAND USE DISTRICTS § 271-10 [9] Conference centers: one space for each guest room for overnight occupancy, plus one space for each three employees assigned to the facility, plus additional spaces for any accessory restaurant, retail, office, meeting room, auditorium or other use, based upon the standards for those uses established in this section. [10] Research facilities or laboratories: two spaces for each three occupants assigned to the facility. (c) For the purposes of the above parking standards, the term "occupants" shall include employees, student interns, research associates, faculty, or any other person occupying the facility. The term "assigned to the facility" means those occupants normally occupying the facility on a regular basis, whether full-time or part-time. However, a student who merely attends a class on a regular basis shall not, by reason of such attendance alone, be deemed "assigned" to the facility. (d) The number of parking spaces, the manner of construction of parking spaces, and the permitted location of parking spaces shall be as set forth in this section. Where no specific provision is made herein, parking spaces shall be regulated as set forth in Sections 45 and 69 of the Zoning Ordinance'Z Where there is a conflict between the provisions of such sections and the provisions of this section, the provisions of this section shall control. (e) In the event that a federally or state owned or funded project is constructed in the Special Land Use District, and by reason of such ownership of funding such project at the time of its construction is not subject to the requirements of this section and such project was constructed with fewer parking spaces than would have otherwise been required to comply with this ordinance, the Planning Board, in conjunction with any subsequent project that is subject to this section, may require construction of additional parking spaces or may require alternative traffic management plans satisfactory to such Board to compensate for the deficit. I. Site plan approval. A site plan for a proposed use must be submitted and approved by the Planning Board before a building permit may be issued, in conformance with site plan requirements set forth at Section 46 a et seq. of the Zoning Ordinance"Unless specifically requested by the Planning Board, property lines and adjacent public streets need not be shown on the site plan submitted if in excess of 300 feet distant from the proposed site, but shall be shown on a location map. Further, Subparagraph 4 of Section 46 b shall be modified as to site plan approvals previously granted to structures in the special land use district, or to structures not required to have had a site plan approval at the time of original construction, to provide that no approval of the modified site plan by the Planning Board shall be required if the modification: 32. Editor's Note:Numbering refers to the Zoning Ordinance as it existed in 1995,when this section was adopted 33. Editor's Note:Numbering refers to the Zoning Ordinance as it exdsted in 1995,when this section was adopted. 271:51 06-01-2004 § 271-10 ITHACA CODE § 271-10 (1) Involves: (a) Construction of a new building or structure with a footprint of 2,000 square feet or less; or (b) Alteration of an existing structure involving the addition or modification of less than [1] 10,000 square feet, or [2] 10% of the enclosed space of any structure of greater than 20,000 square feet of enclosed space, whether on one or more stories, whichever is less; or (c) Construction or relocation of fewer than 20 parking spaces provided there is no net reduction in parking spaces; or (d) Any maintenance or repairs not materially affecting the appearance of the site, or construction, repairs, alterations, or renovations materially affecting the exterior of a building or the site where exterior work is anticipated to cost less than $100,000 (1993 price, subject to Cost of Living Index adjustment); and in any event (2) Does not alter proposed traffic flows and access; and (3) Does not directly violate any express conditions imposed by the Planning Board in granting any prior site plan approval. J. Procedures related to site plans. In considering whether or not to grant site plan approval, the Planning Board: (1) Shall, to the extent appropriate, utilize the considerations set forth in Section 46 d and other provisions of the Zoning Ordinance,"or any successor statute, and, in addition, consider whether: (a) The proposed project and such designated area meet the requirements of this Special Land Use District such as density, ground coverage, noise, etc., set forth above [e.g., sufficient land area should be included and designated for this site so that the proposed building(s) on the site do not exceed 25% of the site]; and (b) Adequate measures, such as traffic demand management control, exist so as to minimize or eliminate the addition of vehicular traffic on neighborhood roads used to access the proposed project in the Special Land Use District taking into account any cumulative increases which may have resulted from previous development of Precinct 7 (Trip generating characteristics of proposed projects shall be evaluated on the basis of each project's potential 34. Editor's Note:Numbering refers to the Zoning Ordinance as it eidsted in 1995,when this section was adopted. 271:52 06-01-2004 § 271-10 ZONING: SPECIAL LAND USE DISTRICTS § 271-10 to generate additional vehicle trips on the surrounding road network and may include consideration of trip generating characteristics presented in the then current Institute of Transportation Engineers Trip Generation Manual, other trip generation data from sources such as the American Planning Association's Planning Advisory Service, and the Urban Land Institute as well as local project data as may be available from the Ithaca-Tompkins County Transportation Council, Cornell University or other agencies, institutions or sources); and in any event: (2) Shall, to the extent appropriate, impose upon the applicant such reasonable conditions as it deems necessary to protect the general welfare of the community, to assure adequate compliance with all applicable provisions of this section or the Zoning Ordinance, or to minimize or eliminate any significant adverse environmental effects (including traffic impacts referred to above) that may occur as a result of the approval of the site plan. (3) May authorize the required minimum number of parking spaces to be reduced to a number determined by the Planning Board if the following circumstances exist: (a) The occupancy of the building or buildings is such that fewer than the number of spaces required by this section would be needed to accommodate the reasonably anticipated number of cars that will be traveling to, and/or parking at, the buildings; or (b) Adequate traffic demand management control plans are or will be in place to assure fewer parking spaces than otherwise required by this section will be needed at the project; and in either event (c) The reduction in the number of parking spaces will not adversely affect traffic flow on the project site or elsewhere, will leave adequate parking for all of the reasonably anticipated uses or occupancies in the project, and will not otherwise adversely affect the general welfare of the community. If the owner seeks a reduction in the required number of spaces, unless waived by the Planning Board the owner shall submit a parking needs assessment and parking management plan for the specific facility, demonstrating that some lesser number of parking spaces would be appropriate for that facility, taking into consideration the overall parking situation and plans for both the Special Land Use District and the overall Cornell University Campus, as well as the projected reductions in parking spaces that could be expected to occur as a result of any transportation demand management program in effect or planned by the owner. 271:53 06-01 -2004 § 271-10 ITHACA CODE § 271-10 If the Planning Board permits a reduction in the required number of parking spaces, the Planning Board may impose such reasonable conditions as may, in the judgment of the Planning Board, be necessary to assure that such reduction will meet the criteria set forth above. In any event, unless expressly waived by the Planning Board, such reduction shall be subject to the following additional conditions: (d) Any space that is made available by the reduction in the required number of parking spaces may not be used for construction of any structures, other than those specifically approved by the Planning Board. (e) Any land made available by virtue of such reduction be landscaped with grass or other vegetation approved by the Planning Board, or developed with such other amenities approved by the Planning Board as would allow relatively easy conversion to parking spaces. (f) If, any time within five years after construction of the project is completed (completion of construction to be the date a permanent certificate of occupancy has been issued by the Town for the entire project) or at any time after completion when an application for modification of the site plan is submitted, the parking is found to be inadequate because: [1] The demand for parking to serve the subject facility exceeds on more than four occasions annually the amount of parking (temporary or permanent)provided; or [2] The traffic flow creates an undesirable or hazardous condition by reason of the reduction of parking spaces; or [3] There is repeatedly undue congestion in the parking areas by reason of the reduction of parking spaces; 271:54 06-01-2004 § 271-10 ZONING: SPECIAL LAND USE DISTRICTS § 271-10 then the owner of the project will submit to the Planning Board for its approval a plan that will eliminate the noted adverse effects resulting from the reduction in the required number of parking spaces and implement such plan within the time period directed by the Planning Board. Such plan may include increasing the number of parking spaces, creating or modifying any traffic demand management control plans, increasing public transportation, or any other corrective measures deemed appropriate by the owner. Such plan shall be presented to the Planning Board within 30 days of the notification to the owner of the existence of the adverse effects, and the Planning Board shall review and approve or disapprove (or, with the consent of the owner, modify) said plan within 60 days of its receipt. If approved, the plan shall be implemented within the time period specified by the Planning Board, but in any event within 90 days of its adoption. If no plan is submitted, or if it is not approved or subsequently implemented within the required time periods or such extended time periods as may be agreed to by the owner and the Planning Board, the owner shall install additional parking spaces up to the minimum number that would have been otherwise required by the terms of this section without granting any reduction. Unless waived by the Planning Board, the granting of the requested reduction in parking shall be conditioned on the applicant executing an agreement in form acceptable to the Planning Board and acceptable for recording in the Tompkins County Clerk's office agreeing to install the additional parking spaces as may be required by the above conditions. In the event there is (whether before or after the five-year period set forth above) any significant change in use, or a subdivision of the project site, or a sale of a portion of the site, with respect to which a reduction in the required number of parking spaces has been granted, such change, subdivision, or sale may be conditioned upon a requirement that additional parking spaces be required up to the minimum that would have otherwise been required but for the reduction granted pursuant to these provisions. (4) May, notwithstanding the provisions of this section and Sections 45 and 69 of the Zoning Ordinance,'s authorize the placement of parking spaces in the front yard of any building or in a buffer area (except for any buffer area adjacent to a Natural Area) when the Planning Board finds that such location will be preferable to locations outside of the front yard or buffer area. K. Completion or updating of Special Land Use District Map. Without limiting the foregoing, the Planning Board may require, as a condition of approval of any site plan, 35. Editor's Note:Numbering refers to the Zoning Ordinance as it eadsted in 1995,when this section was adopted. 271:55 06-01-2004 § 271-10 ITHACA CODE § 271-10 that the Special Land Use District Map be completed and updated to show the approved site plan, together with all other sites that are related to buildings in the Special Land Use District in existence on the effective date of this section. L. Special approval. (1) In granting special approval in any instance specked above, and in addition to the criteria for site plan approval, the Planning Board shall, to the extent appropriate, determine that: (a) The health, safety, morals and general welfare of the community in harmony with the general purpose of this section shall be promoted. (b) The premises are reasonably adapted to the proposed use. (c) The proposed use and the location and design of any structure shall be consistent with the character of the district in which it is located. (d) Consideration has been given to minimizing adverse impacts of the proposed use upon any Natural Area or View Area. (e) The proposed use shall not be detrimental to the general amenity or neighborhood character in amounts sufficient to devaluate neighboring property or seriously inconvenience neighboring inhabitants. (f) The proposed access and egress for all structures and uses shall be safely designed. (g) The general effect of the proposed use upon the community as a whole, including such items as traffic load upon public streets and load upon water and sewerage systems is not detrimental to the health, safety and general welfare of the community. Without limiting any of the foregoing, in determining whether the effect of traffic generated by the project is so adverse as to preclude construction of the project, the Board shall consider whether adequate measures such as traffic demand management control, exist so as to minimize or eliminate the addition of vehicular traffic on neighborhood roads used to access the proposed project in the Special Land Use District. (2) The Planning Board may impose upon the applicant such reasonable conditions as it deems necessary to protect the general welfare of the community. M. Definitions. For the purposes of this Special Land Use District, the following terms shall have the following meanings and shall be subject to the following procedures: EDUCATIONAL INSTITUTION — An "educational institution" is a corporation, foundation, or other generally recognized entity organized and operated principally for the purpose of educating persons with essentially three components: 1) a curriculum; 2) a plant consisting of adequate physical facilities; and 3) a properly qualified and accredited 271:56 06-01-2004 § 271-10 ZONING: SPECIAL LAND USE DISTRICTS § 271-10 staff to carry out its educational objectives. The following are included as educational institutions: (1) A college or university chartered by the State of New York. (2) A college or university or postgraduate institution providing a recognized course of study and accredited by a recognized accrediting organization. (3) A public school operated by a state-recognized Board of Education. (4) A private school having received appropriate approval from the Board of Regents or Department of Education of the State of New York to operate as a school. OWNED— Property is "owned" by the person(s) or entity(ies) holding the fee title to at least a 51% interest in the property, except that if the property is leased under a written, bona fide, recorded lease for a term of more than 35 years, the property shall be deemed "owned" by the person(s) or entity(ies) holding at least a 51% interest as tenant in such lease. If a requirement for a permitted use in this Special Land Use District is ownership by an educational institution, at least 51% of the interest in the property must be held by such institution to qualify (i.e., the educational institution must 'own" the property). SITE— (1) A site shall be initially the area of land designated by the applicant to be allocated to a proposed project (or, in the case of existing structures, to the existing project or structure). If the applicant desires: i) after having previously obtained site plan and/or special approval to: a) decrease or reconfigure such site; or b) add one or more structures to such site; or ii) to add one or more structures to an area presently in existence for which no site plan or special approval has been heretofore obtained, the applicant may apply for a modification to the previous site plan and/or special approval and may, at the applicant's discretion, request that the site previously approved be reconfigured, enlarged, or reduced in size so that the proposed modified site with any proposed additional structures would be in compliance with the performance standards and other requirements set forth above or elsewhere in this section. The criteria applicable to the review of initial site plan and or special approval applications shall be equally applicable to the application for a modification of a site plan or site. However, in reconfiguring, enlarging or reducing the area of a site, no piece of land shall be designated as part of more than one site (i.e., no piece of land may be counted for compliance purposes for two sites). (2) Notwithstanding the foregoing, no site shall exceed 30 acres in size, nor shall any site include any land within a Natural Area. N. Amendment of Zoning Map. The Official Zoning Map of the Town of Ithaca is hereby amended by adding this Special Land Use District in the area described above. O. Invalidity of portion of local law. In the event that any portion of this section is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. 271:57 06-01-2004 § 271-10 ITHACA CODE § 271-11 P. Effective date. This section shall take effect 20 days after its adoption or the date it is filed in the Office of the Secretary of State, whichever is later. §271-11. Special Land Use District No. 10 (Limited Mixed Use, Sterling House/Sterling Cottage). [Adopted 6-8-1998 by L.L. No. 6-1998] A. The Zoning Ordinance of the Town of Ithaca as readopted, amended and revised effective February 26, 1968, and subsequently amended, be further amended as follows: (1) Article II, Section 2, of the Town of Ithaca Zoning Ordinance'6be and hereby is amended by adding to the listed permissible districts thereunder to include a district designated as "Special Land Use District No. 10." (2) The uses permitted in Special Land Use District No. 10 are: (a) Two multiple-family dwellings as follows: [1] One multiple-family dwelling consisting of no more than 46 dwelling rooms with associated bath facilities which shall house at least no more than 53 beds, aggregated with central dining, kitchen, activity, administration, and maintenance areas, and other related community service space, and [2] A second multiple-family dwelling consisting of no more than 32 dwelling rooms with associated bath facilities which shall house no more than 36 beds, aggregated with central dining, kitchen, activity, administration, and maintenance areas, and other related community service space. (b) Subject to site plan approval by the Planning Board, the following accessory uses are permitted: [1] Off-street garage or parking spaces for the residents of, employees working at, and visitors to the permitted facilities. [2] Accessory buildings such as storage sheds, refuse enclosures, pavilions, gazebos, and other similar small buildings. [3] Common recreational areas including walkways, sitting areas, courtyards, parks, community gardens, and other similar outdoor recreational facilities. [4] Any municipal or public utility structures necessary to the provision of utility services for the permitted facilities. [5] Signs, as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca. 36. Editor's Note: Numbering refers to the Zoning Ordinance as it e3dsted in 1998,when this section was adopted.See now§270-6. 271:58 06-01-2004 § 271-11 ZONING: SPECIAL LAND USE DISTRICTS § 271-11 (3) Any use in this district shall be governed by all of the requirements, including side yards, setbacks, building coverage, building height, and similar requirements, of a Residence District R-15, except as the same may be specifically modified by the terms of this section. (4) Consistent with the requirements and restrictions imposed by the Town of Ithaca Zoning Ordinance, the area being rezoned to Special Land Use District No. 10 shall be subject to the following conditions: (a) The exterior design, specifications, and plans for all buildings and design, specifications, and plans for all other improvements to be constructed on the premises and all the development of the grounds and construction of all outside facilities including lighting and signs shall have been shown on a final site plan and design drawings approved by the Planning Board, and any construction thereafter shall be in accordance with said site plan and drawings as finally approved. In determining whether or not to approve the site plan, the Planning Board shall employ the same considerations it would employ in approving the site plan pursuant to Article IX and Section 78 of the Town of Ithaca Zoning Ordinance3' (b) Building permits shall be required for any construction, including construction of signs and outdoor lighting facilities. Such permits shall not be issued until the Planning Board has approved the design and specifications for such proposed construction. (c) Any construction for which a permit is granted shall comply with this section and all other applicable laws, codes, ordinances, rules and regulations. (d) The area being rezoned to Special Land Use District No. 10 shall not be subdivided into more than two parcels. Any subdivision of the area so rezoned shall be accomplished in compliance with all applicable subdivision regulations, ordinances, rules, and statutes. (e) The dwelling rooms in this Special Land Use District No. 10 shall be occupied by adult persons requiring assisted living services or adult persons suffering from dementia, Alzheimer's disease, or other similar disabling conditions. (f) The operation of the facilities in this Special Land Use District shall comply with all applicable federal, state, county, and local statutes, rules and regulations related to the operation of facilities providing assisted living services and/or care for persons afflicted by dementia and like conditions. (g) There shall be provided at least two parking spaces for every three dwelling rooms, except that the Planning Board may reduce required number of spaces by no more than 25% in accordance with the criteria set forth in Section 38, subparagraph 1 of the Zoning Ordinance as amended by Local Law No. 10 37. Editor's Note:Numbering refers to the Zoning Ordinance as it existed in 1998,when this section was adopted. 271:59 06-01-2004 § 271-11 ITHACA CODE § 271-11 for the year 19931 except that there need not be a finding that the occupancy of the building or buildings is intended to be a multiple use. If the Planning Board permits such a reduction, the Planning Board may impose such reasonable conditions, including the conditions set forth with respect to reductions of parking spaces in business districts, as may, in the judgment of the Planning Board, be necessary to assure that such reduction will not cause congestion, create undesirable traffic flows or hazards, or otherwise be adverse to the general welfare of the community. In any event, unless expressly waived by the Planning Board, such reduction shall be subject to the same mandatory conditions as are set forth with respect to business district parking area reductions. (5) Any significant revisions to the preliminary site plan, submitted to the Planning Board May 5, 1998, shall be submitted to and be approved by the Planning Board before issuance of any building permits. In accordance with the provisions of the Zoning Ordinance a final site plan shall be submitted to and approved by the Town of Ithaca Planning Board before issuance of any building permits. B. The area encompassed and rezoned in accordance with this section to Special Land Use District No. 10 is described on Schedule A to this section."The Official Zoning Map of the Town of Ithaca is hereby amended by adding such district at the location described. C. Expiration of approval. (1) Unless work has materially commenced in accordance with a final site plan within one year from the issuance of the building permit authorizing such work, or within 36 months of the date the Planning Board gave final site plan approval, or within four years of the effective date of this section, whichever is earlier, any building permit shall lapse, the site plan approval (both final and preliminary, if any) shall expire, and the zoning change effected by this section shall terminate and the zoning shall revert to that in effect prior to the adoption of this section, unless in the interim there has been a general rezoning of the area surrounding the area being rezoned by this section, in which event the zoning shall revert to the same zoning as then in effect along a majority of the perimeter of the land being rezoned as a Special Land Use District by this section. The Planning Board, upon request of the applicant, after a public hearing, and upon a finding that the imposition of the time limits set forth above would create an undue hardship on the applicant, may extend the time limits for such additional periods as the Planning Board may reasonably determine. An application for such extension may be made at the time of filing of the original application for site plan approval or at any time thereafter up to, but no later than, six months after the expiration of the time limits set forth above. (2) For the purposes of this section, work will not have "materially commenced" unless, at a minimum, i) a building permit, if required, has been obtained; ii) construction equipment and tools consistent with the size of the proposed work 38. Editor's Note:Numbering refers to the Zoning Ordinance as it existed in 1998,when this section was adopted. 39. Editor's Note:Said Schedule A is included at the end of§271-11. 271:60 06-01-2004 § 271-11 ZONING: SPECIAL LAND USE DISTRICTS § 271-11 have been brought to and been used on the site; and iii) substantial excavation (where excavation is required) or significant framing, erection, or construction (where excavation is not required) has been started and is being diligently pursued. D. Any violations of the terms of this section shall constitute a violation of the Town of Ithaca Zoning Ordinance and shall be punishable as set forth in said ordinance and in § 268 of the Town Law of the State of New York. Each week's continued violation shall constitute a separate offense. Notwithstanding the foregoing, the Town reserves for itself and its agencies all remedies and rights to enforce the provisions of this section, including, without limitation, actions for any injunction or other equitable remedy, or action and damages, in the event the owner of the parcel covered by this section fails to comply with any of the provisions hereof. E. In the event that any portion of this section is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. F. This section shall take effect 10 days after its publication. Schedule A DESCRIPTION OF PROPERTY TO BE REZONED TO SPECIAL LAND USE DISTRICT NO. 10 ALL THAT CERTAIN TRACT OR PARCEL OF LAND, situated in the Town of Ithaca, County of Tompkins, and State of New York, more particularly bounded and described as follows: BEGINNING at a point at the intersection of the southwesterly line of Trumansburg Road - New York State Route 96 with the southerly line of Bundy Road; thence north 82 degrees 22 minutes 0 seconds west along the southerly line of Bundy Road 238.05 feet to a point; thence south 7 degrees 59 minutes 28 seconds west 337.41 feet to a point; thence south 37 degrees 0 minutes 32 seconds east 247.49 feet to a point; thence continuing in the same direction an additional distance of 141.85 feet to a point; thence south 82 degrees 0 minutes 32 seconds east 329.03 feet to a point; thence north 50 degrees 32 minutes 53 seconds east 315.55 feet to the southwesterly line of Trumansburg Road, New York State Route 96; thence north 40 degrees 29 minutes 44 seconds west along the southwesterly line of Route 96 369.21 feet to a point; thence north 34 degrees 44 minutes 6 seconds west along the southwesterly line of Route 96 a distance of 169.41 feet to a point or place of beginning. Said premises are shown as "Proposed Parcel A" and 'Proposed Parcel B" on a map entitled "Preliminary Subdivision Plat" made by T. G. Miller, P. C. Engineers and Surveyors, dated 3/9/1998 on Sheet SK-2, a copy of which map is on filed in the Town of Ithaca Planning Department. i 271:61 06-01-2004 § 271-12 ITHACA CODE § 271-12 §271-12. Special Land Use District No. 11 (Limited Mixed Use, Cornell Chilled Water Plant). [Adopted 6-8-1998 by L.L.No. 7-1998] WHEREAS, Cornell University has plans to replace the outdated, energy-intensive, electric-powered chillers that now provide central cooling for Cornell University through a project known as Lake Source Cooling; and WHEREAS, Cornell University is proposing to pump the naturally cold Cayuga Lake water from a depth of approximately 250 feet, transferring some of its chill to campus water piped from the campus to heat exchangers to be located in with a Chilled Water Plant at 983 East Shore Drive in the Town of Ithaca, which Chilled Water Plant will utilize water from Cayuga Lake to chilled water that is piped to the campus to cool University laboratories and other buildings; and WHEREAS, Cornell University has represented that the Lake Source Cooling Project will provide significant environmental benefits by reducing energy use needed for central cooling by 80%; and WHEREAS, the plans for Lake Source Cooling are solely for educational purposes and to further the education mission of the University; and WHEREAS, in order to assess the short and long term environmental and other effects of the Lake Source Cooling Project, the University prepared a Draft Environmental Impact Statement, from which the New York State Department of Environmental Conservation in accordance with applicable law and regulation prepared and issued a Final Environmental Impact Statement (FEIS) taking into account the concerns and comments expressed by the public; and WHEREAS, the Town, Cornell University, and many residents of the Town have participated in the analysis of the proposed project and the drafting of the FEIS; and WHEREAS, the Town's Planning Board and Town Board have issued findings relating to the proposed project and the FEIS which, among other matters, set forth steps to mitigate, in part, some of the potential effects of the proposed project; and WHEREAS, the Lake Source Cooling Project's Chilled Water Plant is proposed to be constructed at 983 East Shore Drive to house the heat exchangers, pumps, and other equipment necessary to transfer heat from the campus chilled water system to the lake water; and WHEREAS, it has been concluded that a rezoning of the site of the Chilled Water Plant from Business E to a Special Land Use District would provide the most flexibility for the University to implement the Lake Source Cooling Project, while preserving to the Town the ability to continue to regulate the proposed development of the Chilled Water Plant site to assure compliance with the Town's overall Comprehensive Plan and environmental requirements. NOW, THEREFORE, in view of the recitals set forth above, the information and materials contained in the FEIS, and related findings in furtherance of the Town's Comprehensive Plan, and upon the request of Cornell University, the Zoning Ordinance of the Town of Ithaca as readopted, amended and revised effective February 26, 1968, and subsequently amended, be further amended as follows: 271:62 06-01-2004 § 271-12 ZONING: SPECIAL LAND USE DISTRICTS § 271-12 A. Ordinance amended. Article 11, Section 1, of the Town of Ithaca Zoning Ordinance40 be and hereby is amended by adding to the permissible districts itemized in said section a district designated as "Special Land Use District No. 11," which Special Land Use District is shown on a map entitled "Noah's Boat Club, East Shore Drive, Town of Ithaca and Village of Cayuga Heights, Tompkins Co., NY, dated July 25, 1965, last revised November 6, 1997," by Allen T. Fulkerson, L.S., a copy of which map was filed with the Town of Ithaca Planning Department and which district consists of the lands described in Schedule "A" attached hereto and made a part hereof."' B. Uses permitted. The uses permitted in this Special Land Use District are set forth below, all of which uses shall be conducted by an educational institution or an agency or third-party affiliated with or under contract with an educational institution for educational purposes. The permitted uses are: (1) One chilled water plan consisting of not more than 15,000 square feet in building footprint, containing heat exchangers, pumps, pipes, and other equipment and fixtures, together with control rooms, offices, reception, and other related spaces. (2) Upon receipt of a special approval and site plan approval by the Planning Board: (a) Greenhouse, aquaculture facility, or laboratory, together with associated office and seminar room, for or associated with educational purposes and associated with, or a by-product of, the process of the chilled water plant. (b) Maintenance, repair, servicing, utility, communications, supply and storage facilities provided the same are owned by, or are provided solely to service, an educational institution in connection with a permitted use, and are not provided for the general public's use. C. Accessory uses. Permitted accessory uses shall include the following: (1) Off-street parking spaces for the employees, occupants, and users working at, and visitors to, the permitted facilities. (2) Accessory buildings such as storage sheds, garages, pavilions, gazebos, bus shelters, and other similar small buildings, provided that no single building exceeds more than 2,000 feet in size. (3) Antennae, ray domes, satellite dishes, and similar technical or scientific structures. (4) Outdoor recreational areas including walkways, parks, trails, picnic tables, and other similar recreational facilities. (5) Any municipal, public, or privately owned utility facility, 2,000 square feet or less in size, necessary to the development or maintenance of utility services for a principal use permitted above. 40. Editor's Note: Numbering refers to the Zoning Ordinance as it e7dsted in 1998,when this section was adopted. See now§270-6. 41. Editor's Note:Said Schedule A is included at the end of§271-12. 271:63 06-01-2004 § 271-12 ITHACA CODE § 271-12 (6) Upon receipt of special approval from the Planning Board, any municipal, public, or privately owned utility facility, greater than 2,000 square feet in size, necessary to the development or maintenance of utility services for a principal use permitted above. (7) Signs associated with the above uses but only in accordance with Chapter 221, Signs, of the Code of the Town of Ithaca or similar law as then in effect. D. Applicable requirements. Except as expressly otherwise set forth in this section creating this Special Land Use District, the requirements of the Zoning Ordinance governing Light Industrial Districts shall be applicable to the Special Land Use District. If there is a conflict between the Special Land Use District provisions and those governing the Light Industrial District, the provisions of this Special Land Use District shall prevail. E. Performance standards. Notwithstanding the foregoing, any use permitted in this Special Land Use District shall be in conformity with the following additional standards: (1) Height. The maximum height of buildings and structures shall be as follows: (a) No building shall be erected, altered, or extended to exceed 38 feet in height from the lowest interior grade nor 36 feet in height from the lowest exterior grade measured from the lowest point of grade at the exterior building wall to the highest point of the roof of the building, but excluding rooftop appurtenances such as mechanical equipment, exhaust pipes, radio antenna provided such appurtenances do not themselves exceed an additional 12 feet in height. (b) No structure, other than a building, shall be erected, altered, or extended to exceed 30 feet in height. (2) Ground coverage. Total coverage of ground by structures, road pavement, parking lots and pedestrian area pavements shall not exceed 30°10 of the Special Land Use District. Total maximum ground coverage by buildings alone shall not exceed 20% of the Special Land Use District. (3) Yards. (a) Unless a deviation is authorized by the Planning Board, for good cause shown, the yard requirements shall be as follows: [1] Front yard shall be not less than 50 feet. [2] Side yards shall be not less than 60 feet. [3] Rear yard shall be not less than 50 feet. (b) The foregoing yard requirements may include any required buffer areas and shall not be in addition to any required buffer areas. (4) Noise. 271:64 06-01 -2004 § 271-12 ZONING: SPECIAL LAND USE DISTRICTS § 271-12 (a) No use shall operate or cause to be operated any source of sound in such a manner as to create a sound level which exceeds the limits set forth for the land use category stated below when measured at the boundary of the Special Land Use District nearest the receiving land use. Receiving Land Use Time Sound Level Limit Category Residential Use 7:00 a.m. — 7:00 p.m. 65 dBa 7:00 p.m. — 7:00 a.m. 55 dBa All other 7:00 a.m. — 7:00 p.m. 68 dBa 7:00 p.m. — 7:00 a.m. 58 dBa (b) For any source of sound which emits a pure tone, a discrete tone or impulsive sound, the maximum sound limits set forth above shall be reduced by five dBa. (5) Vibration. No activity shall cause or create a discernible steady state or impact vibration at or beyond the boundary of the Special Land Use District. (6) Atmospheric emissions. There shall be no emission of dust, dirt, smoke, fly ash, or noxious gases or other noxious substances which could cause damage to the health of persons, animals, or plant life. (7) Odor. There shall be no emission of any offensive odor discernible at the boundary of the Special Land Use District. (8) Glare and heat. No glare or heat shall be produced that is perceptible beyond the boundaries of the Special Land Use District. Exterior illumination shall be shaded and directed to prevent glare or traffic hazard on surrounding properties and streets. (9) Radioactivity and electromagnetic interference. No activities shall be permitted which emit dangerous radioactivity. No activities shall be permitted which produce any electromagnetic disturbance adversely affecting the operation of any equipment outside the boundary of the Special Land Use District. (10) Fire and explosion hazards. All activities involving, and all storage of, inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and with adequate fire-fighting and fire-suppression equipment and devices standard in the industry and as may be required by any applicable codes, laws, or regulations. All burning of such waste materials in open fires is prohibited. (11) Vermin. There shall be no storage of material, either indoors or out, in such a manner that it attracts or facilitates the breeding of vermin or endangers public health or the environment in any way. 271:65 06-01-2004 § 271-12 ITHACA CODE § 271-12 (12) Parking. Off-street parking for vehicles and bicycles shall be provided to serve the facility constructed within this Special Land Use District. Unless the Planning Board reduces the required number of parking spaces, for good cause shown, in the process of reviewing a site plan for a special approval, the minimum parking spaces will be one parking space for each 1,200 square feet or fraction thereof of enclosed building space. (13) Buffer zone. No structure shall be placed nearer than 60 feet from any residence district. A strip of at least 10 feet wide within such buffer area shall be planted or suitable fenced so as to screen the Special Land Use District from present or future residences. (14) Additional requirement. In addition to the performance standards set forth above, the buildings and structures in the Special Land Use District shall comply with the other requirements of the Light Industrial Zone including, without limitation, the provisions relating to off-street loading, access and sidewalks, and additional screening. (15) Waiver of requirements. Notwithstanding any other provisions of these performance standards, no screening shall be required along the portion of the east side of the Special Land Use District that is adjacent to the New York State Route 13 right-of-way. F. Prohibition of subdivision. There shall be no subdivision of the land in the Special Land Use District. G. Site plan approval. The exterior design, specifications, and plans for all buildings and other improvements, including any accessory buildings, to be constructed in the Special Land Use District, and the development of the grounds and construction of all outside facilities shall have been shown on a final site plan and design drawings approved by the Planning Board before a building permit will be issued. Any construction shall be in accordance with a final site plan and drawings as finally approved by the Planning Board. Any modification to a final site plan shall be approved by the Planning Board, except that the Planning Board shall not be required to approve any de minimus modifications described in subdivision 4 of Section 46-b of the Zoning Ordinance.42 H. Procedures related to site plans. In considering whether or not to grant site plan approval, the Planning Board: (1) Shall, to the extent appropriate, utilize the considerations set forth in Section 46-d and other provisions of the Zoning Ordinance"or any successor statute, and, in addition, consider whether the proposed project meets the requirements of this Special Land Use District and the Zoning Ordinances and the requirements of any other statute, rule, or regulation; and (2) Shall, to the extent appropriate, impose upon the applicant such reasonable conditions as it deems necessary to protect the general welfare of the community, 42. Editor's Note:Numbering refers to the Zoning Ordinance as it eadsted in 1998,wlen this section was adopted. 43. Editor's Note:Numbering refers to the Zoning Ordinance as it eristed in 1998,when this section was adopted. 271:66 06-01-2004 § 271-12 ZONING: SPECIAL LAND USE DISTRICTS § 271-12 to assure adequate compliance with all applicable provisions of this section or the Zoning Ordinance, or to minimize or eliminate any significant adverse environmental effects (including traffic impacts referred to above) that may occur as a result of the approval of the site plan. (3) May authorize the required minimum number of parking spaces to be reduced to a number determined by the Planning Board if the following circumstances exist: (a) The occupancy of the building or buildings is such that fewer than the number of spaces required by this section would be needed to accommodate the reasonably anticipated number of cars that will be traveling to, and/or parking at, the buildings; or (b) Adequate traffic demand management control plans are or will be in place to assure fewer parking spaces than otherwise required by this section will be needed at the project; and in either event (c) The reduction in the number of parking spaces will not adversely affect traffic flow on the project site or elsewhere, will leave adequate parking for all of the reasonably anticipated uses or occupancies in the project, and will not otherwise adversely affect the general welfare of the community. If the Planning Board permits a reduction in the required number of parking spaces, the Planning Board may impose such reasonable conditions as may, in the judgment of the Planning Board, be necessary to assure that such reduction will meet the criteria set forth above. In any event, unless expressly waived by the Planning Board, such reduction shall be subject to the same conditions that would be imposed in the event of a reduction in parking spaces in a business zone pursuant to Section 38 of the Zoning Ordinance,44 or any successor similar provision. (4) May, notwithstanding the provisions of this section and Sections 45 and 69 of the Zoning Ordinance45(or any successor similar provisions), authorize the placement of parking spaces in the front yard of any building or in a buffer area (except for any buffer area adjacent to a residence district) when the Planning Board finds that such location will be preferable to locations outside of the front yard or buffer area. I. Special approval. 44. Editor's Note:Numbering refers to the Zoning Ordinance as it eidsted in 1998,when this section was adopted. 45. Editor's Note:Numbering refers to the Zoning Ordinance as it eadsted in 1998,when this section was adopted. 271:67 06-01-2004 § 271-12 ITHACA CODE § 271-12 (1) In granting special approval in any instance specified above, and in addition to the criteria for site plan approval, the Planning Board shall, to the extent appropriate, determine that: (a) The health, safety, morals and general welfare of the community in harmony with the general purpose of this section shall be promoted. (b) The premises are reasonably adapted to the proposed use. (c) The proposed use and the location and design of any structure shall be consistent with the character of the district in which it is located. (d) Consideration has been given to minimizing adverse impacts of the proposed use upon any adjoining residential area or Cayuga Lake Shore frontage. (e) The proposed use shall not be detrimental to the general amenity or neighborhood character in amounts sufficient to devaluate neighboring property or seriously inconvenience neighboring inhabitants. (f) The proposed access and egress. for all structures and uses shall be safely designed. (g) The general effect of the proposed use upon the community as a whole, including such items as traffic load upon public streets and load upon water and sewerage systems is not detrimental to the health, safety and general welfare of the community. (2) The Planning Board may impose upon the applicant such reasonable conditions as it deems necessary to protect the general welfare of the community. J. Definitions. For the purposes of this Special Land Use District, the following terms shall have the following meanings: EDUCATIONAL INSTITUTION — An "educational institution" is a corporation, foundation, or other generally recognized entity organized and operated principally for the purpose of educating persons with essentially three components: 1) a curriculum; 2) a plant consisting of adequate physical facilities; and 3) a properly qualified and accredited staff to carry out its educational objectives. The following are included as educational institutions: (1) A college or university chartered by the State of New York. (2) A college or university or postgraduate institution providing a recognized course of study and accredited by a recognized accrediting organization. (3) A public school operated by a state-recognized Board of Education. (4) A private school having received appropriate approval from the Board of Regents or Department of Education of the State of New York to operate as a school. OWNED— Property is 'owned" by the person(s) or entity(ies) holding the fee title to at least a 51% interest in the property, except that if the property is leased under a written, 271:68 06-01-2004 § 271-12 ZONING: SPECIAL LAND USE DISTRICTS § 271-12 bona fide, recorded lease for a term of more than 35 years, the property shall be deemed "owned" by the person(s) or entity(ies) holding at least a 51% interest as tenant in such lease. Property is also 'owned" by an entity which holds 100% of the issued and outstanding shares of a corporation which is the fee title holder to at least a 51% interest in the property. K. Amendment of Zoning Map. The Official Zoning Map of the Town of Ithaca is hereby amended by adding this Special Land Use District in the area described above. L. Invalidity of portion of local law. In the event that any portion of this section is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. M. Effective date. This section shall take effect 20 days after its adoption or the date it is filed in the Office of the Secretary of State, whichever is later. Schedule A Description of SLUD for Cornell University Chilled Water Plant, Town of Ithaca ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Ithaca, County of Tompkins and State of New York, more particularly bounded and described as follows: BEGINNING at a point in the easterly highway line of East Shore Drive (see Highway Appropriation C.H. No. 1330 Map, No. 1.3), at a point located North 25 degrees 57 minutes 42 seconds West, a distance of 357.47 feet from a pin with cap set at the northwesterly corner of premises now or formerly of Lowery (Liber 512 at page 771); and RUNNING THENCE along said easterly highway line North 25 degrees 57 minutes 42 seconds West, a distance of 270.00 feet to a concrete highway monument; and RUNNING THENCE North 01 degrees 52 minutes 26 seconds East, a distance of 51.00 feet to a concrete highway monument; and RUNNING THENCE North 43 degrees 22 minutes 38 seconds West, a distance of 78.50 feet to a pin with cap set in the easterly line of said highway at the northern extreme of a triangular Highway Appropriation (see C.H. No. 1330 Map, No. 1.2) bounded by this and the previous course; and RUNNING THENCE North 26 degrees 02 minutes 59 seconds West, a distance of 152.44 feet to a point in the easterly line of said highway; and RUNNING THENCE North 85 degrees 49 minutes 58 seconds East, a distance of 345.95 feet to a point in the easterly line of the Town of Ithaca and westerly line of the Village of Cayuga Heights; and RUNNING THENCE South 23 degrees 04 minutes 18 seconds East, a distance of 264.78 feet along the said corporation line of the Village of Cayuga Heights and the line of the Town of Ithaca, to a point; and RUNNING THENCE South 32 degrees 45 minutes 11 seconds West, a distance of 112.96 feet to a point with a monument found 6.6 feet southwesterly thereof; and RUNNING THENCE South 11 degrees 03 minutes 04 seconds East, a distance of 104.00 feet to a point with a monument found 1.0 feet southerly thereof; and 271:69 06-01-2004 § 271.-12 ITHACA CODE § 271-12 RUNNING THENCE South 73 degrees 14 minutes 16 seconds West, a distance of 97.86 feet to a point; and RUNNING THENCE South 60 degrees 05 minutes 46 seconds West, a distance of 88.27 feet, to the point or place of beginning. Containing 3.12 acres, be the same more or less. Being a portion of the lands of Noah's Boat Club, Inc., described in a deed to it recorded in Book 555 of Deeds at page 126. 271:70 06-01 -2004