Date: 05-05-2021 COMMON COUNCIL Time: 6:00 PM Location: City of Ithaca Public AGENDA ITEMS Meetings YouTube Channel
Item Voting Presenter(s) Time Allotted Item
Call to Order No Mayor Svante L. Myrick 10 Mins 1.1 Additions to or Deletions from the Agenda 1.2 Proclamations/Awards 1.3 Special Presentations Before Council No Deputy Director of 15 Mins - Report on the status of the City’s economic Economic Development – development efforts including pandemic response Knipe and recovery. 1.4 Reports of Municipal Officials
2.1 Petitions and Hearings of Persons before Council No *Note: See instructions 60 Mins 2.2 Privilege of the Floor – Mayor and Council No on how to participate on page 2 of the agenda.
Consent Agenda Items 3.1 DPW – Reallocation of Position – Chief Water Yes Common Council 5 Mins Treatment Plant Operator 3.2 DPW - Request to Allocate Contingency Funds to Community Beautification Program 3.3 IFD - Amendment to Personnel Roster 3.4 IURA – Community Housing Development Fund, Round #20 – Authorize Disbursement of Funds Pursuant to an Executed MOU 3.4A Third MOU with Tompkins County and Cornell University to Continue the Community Housing Development Fund Thru 2027 – Declaration of Lead Agency 3.4B IURA - Third MOU with Tompkins County and Cornell University to Continue the Community Housing Development Fund Thru 2027 – Environmental Review 3.4C IURA – Third MOU with Tompkins County and Cornell University to Continue the Community Housing Development Fund Thru 2027 – Action
Item Voting Presenter(s) Time Allotted Item
Consent Agenda Items- Continued Yes Common Council 5 Mins 3.5 DPW – Walkable Ithaca: Giles Street Sidewalk Project 3.6 DPW – South Albany Street Bridge Project 3.7 WWTP – Approval of Permanent Water and Access Easements and Rights-of-Way for City of Ithaca Water Main 3.8 Mayor – Increase in Hours for Certain Positions 3.9 A Local Law to Amend Section C-24 of the City of Ithaca Charter Regarding the Examining Board of Electricians
City Administration Committee Items 4.1 Resolution for Ithaca Area Wastewater Treatment Yes Asst. Supt. of W&S 5 Mins Facility Emergency Repairs – Activated Sludge Blowers Gibson 4.2 Resolution for Ithaca Area Wastewater Treatment Yes Asst. Supt. of W&S 5 Mins Facility Emergency Repairs – Primary Digester Gibson 4.3 Common Council - Extension of TCAT Yes 10 Mins Transportation Agreement for One Year 4.4 Report of the City Controller No City Controller Thayer 10 Mins
Planning & Economic Development Committee Items 5.1 An Ordinance to Amend Chapter 146 of the City of Planning Division Staff 30 Mins Ithaca Municipal Code Entitled “Building Code Enforcement” A. Declaration of Lead Agency Yes B. Negative Declaration of Environmental Significance Yes C. An Ordinance to Establish the Ithaca Energy Code Yes Supplement 5.2 An Ordinance to Exchange Lands for and Lease Yes City Attorney Lavine 20 Mins Exchanged Lands to the Ithaca Community Gardens 5.3 East Hill Fire Station Discussion of RFEI No Planning Division Staff 20 Mins Responses-Possible Executive Session
Individual Member Filed Resolutions 6.1 Resolution in Support of the NY Health Act Yes Alderperson Murtagh 5 Mins
Item Voting Presenter(s) Time Allotted Item
Reports from Council and Staff 7.1 Reports of Special Committees No Common Council 15 Mins 7.2 Reports of Common Council Liaisons 7.3 Report of City Clerk Staff 7.4 Report of City Attorney
Meeting Wrap-Up 8.1 Approval of Minutes No Common Council 5 Mins 8.2 Adjournment No
How to Participate in Public Comment Virtually You are welcome to participate in the public comment portion of the meeting in one of the following ways:
Email Common Council Through the Agenda Link Written comments can be submitted to Common Council using this form: Common Council Public Comment Form Comments should be submitted no later than 5:00 pm on the day of the meeting. These comments will not be read into the record but will be included as an attachment to the meeting minutes. Any comments received after 5:00 pm will be saved for the next meeting.
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Get Creative: Send us a Social Media Link Send us a social media video with your thoughts and ideas. You can send it in using the public comment link found on each agenda and then the URL to your video will also be included in the public record.
Questions about the meeting protocol can be forwarded to City Clerk Julie Conley Holcomb at (607) 274-6570 or [email protected] in advance of the meeting.
CONSENT AGENDA: CITY ADMINISTRATION COMMITTEE: 3.1 DPW – Reallocation of Position – Chief Water Treatment Plant Operator
WHEREAS, the Superintendent of Public Works requested a review of the Chief Water Treatment Plant Operator position pursuant to the terms of the City Executive Association labor contract, and
WHEREAS, the review determined that a permanent and material growth in the position’s responsibilities has occurred, and
WHEREAS, the Human Resources Department reviewed the point factor evaluation of the Chief Water Treatment Plant Operator position and determined that the growth in responsibilities merits an increased point factor rating, which results in the reallocation of the position to a higher salary grade; now, therefore, be it
RESOLVED, That the position of Chief Water Treatment Plant Operator be reallocated from Grade 7 to Grade 8 of the City Executive Association Compensation Plan, and, be it further
RESOLVED, That funding in the amount of $5,820.85 to cover the resulting salary increase retroactive to February 3, 2021 shall be derived from Account # F8330-5110
3.2 DPW - Request to Allocate Contingency Funds to Community Beautification Program
WHEREAS, the aesthetics of our community are important for the quality of life for City of Ithaca residents as well as providing a positive impression for tourists to our city, and
WHEREAS, Public Works projects in the City often have a landscaping component as part of the design and these additions have outpaced the City staff’s ability to keep up with the associated need for skilled maintenance, and
WHEREAS, Park and greenspace use has seen a vast increase during this past year and it is imperative these areas of respite remain attractive, inviting, well maintained and safe spaces, and
WHEREAS, the City has partnered with the Tompkins County Community Beautification Program for years in the maintenance of public green spaces and gardens, however their budget is largely dependent on Tourism tax funding which has drastically decreased since 2020 and they are unable to provide additional maintenance to City gardens without additional financial support, and
WHEREAS, contributing financially to this program in return for additional support in City gardens is the most efficient use of City funds to solve this maintenance need, and
WHEREAS, the current City Parks and Forestry Budget does not have funds available to contribute to said program, and
WHEREAS, the current balance in the Unrestricted Contingency Account is $120,000; now, therefore, be it
RESOLVED, That Common Council hereby transfers an amount not to exceed $7000 from Account A1990-5000 Unrestricted Contingency to Account A7111-5435 Parks Contracts to contribute to the County Beautification Program for the purpose of adding one seasonal staff position to incorporate maintenance of 10 gardens locations (38 garden beds) in City parks, along the waterfront trail, or within traffic calming features around the City.
CITY OF ITHACA 245 Pier Rd., Ithaca, New York 14850
DEPARTMENT OF PUBLIC WORKS, STREETS & FACILITIES Telephone: 607/272-1718 Fax: 607/272-4374
From: Jeanne Grace, City Forester
To: City Administration
Date: 3/30/2021
Re: Additional Funding for City Gardens
The aesthetics of our community are important for the quality of life for City of Ithaca residents as well as providing a positive impression for visitors to our city. Public Works projects in the City often have a landscaping component as part of the project. Everything from bridge projects and traffic calming measures to trail installation and park improvements have a garden component in the design. As these features have been added, there has been no resources allocated for maintaining these new amenities. No matter what the garden design, regardless of the plants selected for a garden, no garden is truly without maintenance. Routine weeding and mulching is required to keep out the invasive weeds that overtake a planted garden if not managed. Over the past year our parks have seen a vast increase in use and it is imperative the parks remain attractive, inviting, well maintained safe spaces.
I have worked with existing parks seasonal staff and the County Beautification Program to try to maintain these areas but the number of areas in need of regular maintenance has outpaced city staff’s ability to keep these gardens well maintained. There are several locations where gardens were installed as part of a project but due to inadequate maintenance, the gardens have been removed and replaced with turf. The County Beautification Program staff already maintains many gardens within the City and asking them to increase involvement in additional locations without providing funding to expand their program staff, is not possible. In addition, the reduction of tourism tax revenues in 2020 has resulted in a reduction in the Community Beautification Program budget of nearly 40% .
One option to solve the problem of garden maintenance would be to add seasonal City staff specifically tasked with garden maintenance which would require an increase in seasonal staff funds, as well as purchase of a pick-up truck and tools. Alternatively, City funds could be contributed to the County Beautification Program to enable the hiring of additional staff to take on the additional City garden sites. Contributing financially to this program in return for additional support in City gardens is the most efficient use of City funds. The County Beautification Program has trained staff, vehicles, equipment and dedicated volunteers, as well as familiarity with the gardens that need attention.
“An Equal Opportunity Employer with a commitment to workforce diversification.”
After meeting with Beautification staff it was determined that for $7000, additional staff could be hired this season to increase maintenance in some of these sites. I am requesting council allocate $7000 from 2021 contingency funds to contribute to the County Beautification Program for this purpose.
Recently added garden areas in need of maintenance:
Floral Ave Cayuga Waterfront Trail extension -3 garden beds (A fourth was dismantled in 2020) Baker Park – point of park near traffic circle- 1 garden bed Cayuga Waterfront Trail phase 2 (Stewart Park to Farmer’s Market) – 15 garden beds Cayuga Waterfront Trail phase 3 (Farmers Market to Cass Park) – 6 garden beds Lake St / Ithaca Falls Park – 2 garden beds Bryant Park – 1 garden bed Dewitt Park – E Buffalo St sidewalk improvements- 3 garden beds West End Route 79 pedestrian refugee island Green St / Seneca St -traffic calming bump outs Brindley St Bridge (completed construction 2020)
Gardens which Beautification already maintains in City parks and ROW: Purity point Traffic triangles E of Commons Commons planters Planters on W State St and 100 N & S Cayuga St Van Horn Park (Taughannock Blvd) Stewart Park entrance garden Spencer St traffic circle Dryden Rd Park gardens
Jeanne Grace Ithaca City Forester
3.3 IFD - Amendment to Personnel Roster
WHEREAS, a Fire Lieutenant has been on an extended injury leave and is not expected to be able to return to duty, and
WHEREAS, the Ithaca Fire Department maintains minimum staffing levels in which this position plays a critical supervisory role, and
WHEREAS, the interim practice of filling this vacancy through the use of temporary appointments is not sustainable on a long term basis; now, therefore, be it
RESOLVED, That the personnel roster of the Ithaca Fire Department be amended as follows:
Add: One (1) Fire Lieutenant and, be it further
RESOLVED, That one Fire Lieutenant position shall automatically be deleted from the Ithaca Fire Department personnel roster upon the retirement of the injured Fire Lieutenant, and, be it further
RESOLVED, That funding for this change shall come from within the approved 2021 Ithaca Fire Department budget.
To: Common Council
From: Tom Parsons, Fire Chief
cc: Svante Myrick, Mayor
Date: April 16th, 2021
Re: Amendment to the 2021 Fire Department Roster
An Ithaca Fire Department Fire Lieutenant has been on injury leave for over two years. The Fire Lieutenant’s injury appears to be permanent and we are moving forward with filing for disability retirement for the Fire Lieutenant. In the interim, we have been replacing the Fire Lieutenant with an assortment of temporary Fire Lieutenants. This is a short-term solution and is not sustainable.
I am therefore requesting that a ninth Fire Lieutenant position be added to the 2021 Fire Department roster. This new position will allow us to permanently promote a Firefighter into this critical supervisory position and restore the supervisory stability that we need operationally. Once the injured Fire Lieutenant retires, the ninth Fire Lieutenant position will be eliminated.
Funding for the position will be from the reduction of one Firefighter position and adjustments to the A3410-5110 account from savings due to Firefighter vacancies that were funded but not filled for the entirety of 2021.
3.4 IURA – Community Housing Development Fund, Round #20 – Authorize Disbursement of Funds Pursuant to an Executed MOU
WHEREAS, the Community Housing Development Fund (CHDF) was established in 2009, and renewed in 2015, by Memorandum of Understanding (MOU) among and between the City of Ithaca, Tompkins County and Cornell University to raise and award funds to increase the supply of permanently affordable housing in the County, and
WHEREAS, for 2019, Cornell University contributed $300,000 to the CHDF and the City of Ithaca and Tompkins County each contribute $200,000 available for Round #20, and
WHEREAS, the Common Council determined that City contributions to the CHDF should be used solely to assist those projects located within the City of Ithaca, and
WHEREAS, the Program Oversight Committee, which includes three City appointees, reviews, and recommends projects for awards, including the amount and funding source, and
WHEREAS, the City of Ithaca Common Council retains authority to approve, modify or reject the POC’s recommendation for use of City funds, and
WHEREAS, action to authorize disbursement of City funds requires prior completion of environmental review for housing projects, and
WHEREAS, the POC recommends the following affordable housing projects for funding:
Community Housing Development Fund
Round #20 Recommended Funding Awards
Funding ($1,000s) Applican Municipali Project # Units t ty Corne Count City Total ll y
Founders 75 INHS (C) Ithaca 60 0 240 300 Way rentals
(V) Village Grove 46 INHS Trumansb 300 0 0 300 Apartments rentals urg
Park Carpenter 42 Grove Park (C) Ithaca 100 200 0 300 rentals Realty Apartments
163 Totals 460 200 240 900 units and,
WHEREAS, pursuant to the MOU, Tompkins County administers the CHDF, including collection of contributions to the CHDF and distribution of funds to project sponsors, and
WHEREAS, the Founders Way project completed environmental review by the City Planning and Development Board, and
WHEREAS, annual City contributions to the CHDF are placed in Restricted Contingency; now, therefore, be it
RESOLVED, That the Common Council for the City of Ithaca hereby authorizes an expenditure of up to $240,000 to Tompkins County for the following affordable housing project to implement the recommended funding award for rounds #20 of the Community Housing Development Fund:
Project Name: Founders Way (previously known as Immaculate Conception School Redevelopment)
Location: 320 W. Buffalo Street, Ithaca, NY
Applicant: INHS
Project Summary: Conversion of former school to 75-unit rental housing and, be it further
RESOLVED, That Common Council hereby transfers an amount not to exceed $200,000 from the Restricted Contingency Account A1990-5000 Housing Funds to Account A8020-5435 Planning Contracts, and, be it further
RESOLVED, That $240,000 be appropriated from the current balance in the Housing fund of $422,200, to fund the $240,000 City portion of the City/County/Cornell Housing Trust for the above listed project, and, be it further
RESOLVED, That the Mayor, subject to advice of the City Attorney, is hereby authorized to execute a fiscal agency agreement with Tompkins County to implement this resolution.
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3DJH 3.4A Third MOU with Tompkins County and Cornell University to Continue the Community Housing Development Fund Thru 2027 – Declaration of Lead Agency
WHEREAS, the State Environmental Quality Review Act (“SEQRA”) and Chapter 176 of the City Code, the City Environmental Quality Review Ordinance (“CEQRO”), require that a lead agency be established for conducting environmental review of any action subject to such review, in accordance with state and local environmental law, and
WHEREAS, SEQRA specifies that the lead agency shall be that agency which has primary responsibility for approving, funding or carrying out the proposed action, and
WHEREAS, the proposed action is execution of a third consecutive 6-year Memorandum of Understanding (“MOU”) among and between Tompkins County, the City of Ithaca and Cornell University to continue the Housing Fund program to increase the supply of affordable housing, and the commitment of funding under the MOU, which is an “Unlisted” Action pursuant to CEQRO, thereby requiring environmental review, and
WHEREAS, Tompkins County has conducted a separate environmental review on their authorization to execute the proposed MOU, and
WHEREAS, no other agency has jurisdiction to fund, approve or undertake the action; now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself as lead agency for the environmental review of this proposed action.
3.4B IURA - Third MOU with Tompkins County and Cornell University to Continue the Community Housing Development Fund Thru 2027 – Environmental Review
WHEREAS, the Common Council is considering execution of a third consecutive 6-year Memorandum of Understanding (“MOU”) among and between Tompkins County, the City of Ithaca and Cornell University to continue the Housing Fund program to increase the supply of affordable housing, and the commitment of funding under the MOU, and
WHEREAS, the City of Ithaca Common Council declared itself Lead Agency for the environmental review of this proposed action, and
WHEREAS, the proposed action is categorized as an “Unlisted” action under the City Environmental Quality Review Ordinance (CEQRO), and
WHEREAS, each housing project assisted through the Housing Fund program will undergo a separate environmental review as a condition of receipt of financial assistance, and
WHEREAS, the City of Ithaca Common Council, acting as Lead Agency for the environmental review, has reviewed and accepted as adequate a Short Environmental Assessment Form, prepared by Ithaca Urban Renewal Agency staff; now, therefore, be it
RESOLVED, That the City of Ithaca Common Council hereby determines that the proposed action will result in no significant impact on the environment and that a Negative Declaration for purposes of Article 8 of the Environmental Conservation Law be filed in accordance with the provisions of Part 617 of the State Environmental Quality Review Act.
3.4C IURA – Third MOU with Tompkins County and Cornell University to Continue the Community Housing Development Fund Thru 2027 – Action
WHEREAS, in 2009 and 2015, the Common Council authorized the Mayor to execute 6-year Memorandums of Understanding (MOU) among and between the City of Ithaca, Tompkins County and Cornell University to establish the Community Housing Development Fund (CHDF) and provide financial assistance for the creation of affordable housing units, and
WHEREAS, since its inception the CHDF has awarded approximately $5.4 million to assist 815 affordable housing units with an estimated total project cost of $247 million, and
WHEREAS, per the third MOU, the parties agree to the following minimum funding contributions over six years:
$1,200,000 Cornell University
$600,000 Tompkins County
$600,000 City of Ithaca
$2,400,000 Total and,
WHEREAS, the City of Ithaca continues to experience a severe housing affordability problem where 63% of all renter households, and 17% of homeowner households, are financially stressed by paying more than 30% of income for housing, and
WHEREAS, the CHDF funding has proven to be an effective tool to expand the supply of quality, affordable housing units located near services, jobs, and transit, and
WHEREAS, the CHDF is managed by the Program Oversight Committee (POC) made up of representatives from each signatory; and
WHEREAS, current POC representatives of the City are:
• Chris Proulx • Ducson Nguyen • Seph Murtagh • George McGonigal
and,
WHEREAS, the POC recommends approval of the third MOU, and
WHEREAS, environmental review of this matter has been completed; now, therefore, be it
RESOLVED, The Mayor is hereby authorized, subject to review by the City Attorney, to execute the third Memorandum of Understanding to continue the Community Housing Development Fund program through 2027, and, be it further
RESOLVED, That upon full execution of the MOU, the City’s annual funding commitment under the MOU shall be derived from an annual appropriation included the municipal budget and/or from other funding sources as determined by Common Council, and, be it further
RESOLVED, That the Common Council shall separately approve each funding award of City funds provided pursuant to the MOU.
HF 2021-1-8695
MEMORANDUM OF UNDERSTANDING AMONG THE COUNTY OF TOMPKINS, THE CITY OF ITHACA, AND CORNELL UNIVERSITY WITH REGARD TO THE COMMUNITY HOUSING DEVELOPMENT FUND
This Memorandum of Understanding (“MOU” or “Agreement”) is made by and between the COUNTY OF TOMPKINS, a municipal corporation of the State of New York, having offices at 125 East Court Street, Ithaca, New York 14850 (“COUNTY"); the CITY OF ITHACA, a municipal corporation of the State of New York, having offices at 108 East Green Street, Ithaca, New York 14850 (“CITY”); and CORNELL UNIVERSITY, a not-for-profit educational corporation, having offices in Ithaca, New York 14850 (“CORNELL”) (each a Party and collectively the “Parties”).
WHEREAS, the Parties established the Tompkins County Housing Fund in 2009 for a six-year term, executed a second agreement in 2015 extending the program for a second six-year term and designating it the Community Housing Development Fund (“the Fund”), and amended that agreement in 2020, and have successfully administered the Fund through 2021, assisting the construction of 486 affordable housing units to date and with an additional 324 units expected to proceed to construction, and
WHEREAS, the Parties wish to further develop the Fund to meet affordable housing needs throughout Tompkins County, the goal of the Fund being to assist communities, organizations, and housing developers throughout Tompkins County to respond to the diverse affordable housing needs of its residents, and
WHEREAS, the Parties recognize the value of producing and retaining mixed-income housing that is available to a diversity of residents with a range of incomes, and that mixed-income housing projects that include affordable units should be encouraged and eligible for program assistance, particularly to support projects complying with local inclusionary zoning ordinances,
WHEREAS, in administering the Fund, the Parties recognize the benefits of providing funds to for-profit and not-for-profit developers for the cost of land and other costs associated with the development, rehabilitation, and retention of affordable housing units, provided that the housing units assisted with those funds remain permanently affordable for those earning up to 80% of Area Median Income (AMI) or up to 120% of AMI provided a project also contains a significant proportion of housing units for households earning 80% or less of AMI, and
WHEREAS, the Parties further recognize that the understanding of the challenges to affordable housing development and preservation, and best practices to improve and expand the supply of affordable housing, continue to evolve as both Tompkins County and communities throughout the nation continue to face complex and persistent affordable housing challenges,
NOW, THEREFORE, in consideration of the promises, covenants, and agreements contained herein, the Parties agree as follows:
A. Purpose. The Fund is a locally funded and administered program that assists with the development costs associated with residential and mixed-use real estate development projects. The Fund is intended to ensure that newly constructed or rehabilitated homes, as well as existing affordable housing units, remain permanently affordable to future generations of renters and buyers.
1 HF 2021-1-8695 B. Notices of Funding Availability. In accordance with the objectives set forth in the whereas clauses above, a Notice of Funding Availability (“NOFA”) will be drafted for funding rounds released under the Fund to describe available funding opportunities and application procedures. Applicants for funding consideration will be required to submit detailed evidence of their qualifications and capabilities in completing similar projects and successfully delivering new or adaptive-reuse housing, or preserving existing affordable units that conform to the affordability objectives described in the NOFA. Funds shall be awarded as described below in Section E. Applicants will be required to comply with certain measurements and performance criteria intended to ensure that disbursed funds fulfill the Parties’ objectives.
C. Program Oversight Committee. 1. The Parties shall continue to jointly operate a Program Oversight Committee (“POC”) made up of three representatives appointed by each Party, for a total of nine members. Each Party shall endeavor to appoint at least one representative from its elected body or senior administration. Any remaining City and County seats should be drawn from community members with relevant expertise such as those representing a financial institution with housing lending experience; a real estate development firm or organization; or a representative from an economic development firm or organization. Any remaining Cornell seats may be Cornell representatives with housing, lending, real estate, or economic development experience. Each Party shall also appoint one alternate member and may also appoint one staff member as an ex- officio non-voting member. Alternate members may attend all POC meetings but may not vote unless attending in the place of one of the Party’s members. 2. The POC will be responsible for (1) administering the Fund (including but not limited to finalizing and administering the NOFA document and process) with assistance from staff of the Tompkins County Department of Planning and Sustainability; (2) appointing members to and reviewing recommendations from the Application Review Committee (further detailed in Section D); and (3) making final funding recommendations to the Parties. In addition, the POC will be responsible for (4) monitoring the use of funds, (5) overseeing the allocation of funds contributed or paid by any non-Parties, and (6) identifying and proposing other opportunities to advance affordable housing within Tompkins County, subject to the approval of the Parties. 3. The POC will review the NOFA process, POC bylaws, and its operating procedures as needed. When the POC has discussed a particular programmatic change, final approval of language can be obtained by email with all committee members. If an objection is raised by any voting member within 10 business days, said change must be brought to the next POC meeting for a final decision. Should no objections be raised within 10 business days, the change will take effect. 4. The POC shall adopt, by agreement of at least seven committee members, bylaws that minimally define a quorum as 6 members including at least 2 voting members from each Party, and specify the minimum number of votes required to take action. The bylaws may also permit voting and meeting participation to occur by remote means, including but not limited to by video conference or telephone. Amendments to the bylaws shall require agreement of at least seven duly appointed committee members.
D. Application Review Committee. The Application Review Committee (“ARC”) shall consist of members appointed by the POC to evaluate and rate applications for funding and provide recommendations to the POC on such funding applications. ARC membership may include a housing professional from outside Tompkins County and should include appointed local professionals with experience in relevant fields such as real estate development, housing, the building industry, planning, sustainable development, human service needs, or real estate finance. 2 HF 2021-1-8695
E. Funding Awards. The Parties understand that funds will be provided based on the recommendations of the POC, and agree to review recommendations and to release funds following approval of these recommendations and enter into any necessary agreements to do so in a timely fashion. However, notwithstanding the above, each Party shall have the right, at its sole discretion, to decline use of its own funds for an application recommended for approval by the POC that it determines does not match its housing initiative priorities. In recognition that City residents pay property taxes to the County, the County agrees not to decline an application for funding solely because the housing project is located within the City, to the extent permitted by applicable laws and regulations governing use of County funds paid toward the funding of the NOFA. A Party’s decision to decline use of its funds for a project cannot be overruled by the POC.
F. Party Contributions. Each Party shall contribute funds in the amounts specified below to be used to capitalize the Fund. Each Party will have custody of, and track and manage, its individual contributions, at its own expense. Funds not expended in one year by a Party will be rolled over to the following year and will be available in addition to the Party’s annual contribution. Each Party shall agree that funds contributed under the second MOU in 2015 but not expended by the start of this agreement will roll over to the following funding year(s) as an addition, and not a substitution, to the funds committed under this third MOU agreement.
Table 1: Sources of Funds for the NOFA.
Term of MOU Tompkins County City of Ithaca Cornell University Total Year 1 $100,000 $100,000 $200,000 $400,000 (11/10/21-12/31/22) Year 2 (2023) $100,000 $100,000 $200,000 $400,000 Year 3 (2024) $100,000 $100,000 $200,000 $400,000 Year 4 (2025) $100,000 $100,000 $200,000 $400,000 Year 5 (2026) $100,000 $100,000 $200,000 $400,000 Year 6 (2027) $100,000 $100,000 $200,000 $400,000 Total Contribution $600,000 $600,000 $1,200,000 $2,400,000
G. The COUNTY agrees to: 1. Contribute $600,000 ($100,000 annually per Table 1 during the term of the MOU) toward the funding of the NOFA and any affordable housing related efforts approved by the POC. Contributions designated to fall in a later funding year of this agreement may be committed to projects in earlier years should the viable funding requests in earlier years require the acceleration of contributions. 2. Provide assistance from Tompkins County Department of Planning and Sustainability staff to support the administration of the Fund, POC, ARC, and assistance to applicants. 3. Track all funds contributed or paid to the Fund, invoice the Parties for the funds awarded from their contributions to particular projects, disburse the funding awards as appropriate for projects awarded funding, and provide reports to the POC as needed to inform the commitment and distribution of funds and review of project applications. 4. Participate in the POC to prepare a NOFA consistent with the COUNTY’s housing goals, and otherwise participate throughout the NOFA process. 5. Determine a process by which the COUNTY will determine whether or not it grants approval of using the Fund to support additional affordable housing-related activities suggested by the
3 HF 2021-1-8695 POC. No COUNTY contributions to the Fund will be used for these additional activities without COUNTY approval.
H. The CITY agrees to: 1. Contribute $600,000 ($100,000 annually per Table 1 during the term of the MOU) toward the funding of the NOFA, on the condition that all disbursements of funding made from its contributions are used on proposed housing projects or related efforts approved by the POC, consistent with the municipal program requirements for the sources of funding. 2. Participate in the POC to prepare a NOFA consistent with CITY housing goals, and otherwise participate throughout the NOFA process. 3. Draft and enter into any necessary agreement(s) with the COUNTY to make funds available for disbursement to approved recipients receiving support from the City’s contribution to the Fund. 4. Track City funds committed to the Fund. 5. Determine a process by which the CITY will determine whether or not it grants approval of using the Fund to support additional affordable housing-related activities suggested by the POC, and notify the COUNTY of its approval or disapproval. No CITY contributions to the Fund will be used for these additional activities without CITY approval.
I. CORNELL agrees to: 1. Contribute $1,200,000 ($200,000 annually per Table 1 during the term of the MOU) toward the funding of the NOFA, on the condition all disbursements of funding made from its contributions are used on proposed housing projects or related efforts approved by the POC, consistent with Cornell’s workforce development and housing goals. 2. Participate in the POC to prepare a NOFA consistent with Cornell University’s workforce development and housing goals, and otherwise participate throughout the NOFA process. 3. Make funds available for disbursement to approved recipients receiving support from Cornell’s contribution to the Fund. 4. Determine a process by which CORNELL will determine whether or not it grants approval of using the Fund to support additional affordable housing-related activities suggested by the POC. No CORNELL contributions to the Fund will be used for these additional activities without CORNELL approval.
J. Non-Party Contributions. Additional municipalities, major employers, charitable foundations, or private entities are encouraged to contribute to the Fund. The POC shall oversee the contributions from these entities. The POC, in its sole discretion, may accept or reject these contributions, and will determine recommendations for the commitment of these funds from additional entities. 1. Contributions less than $50,000. Should the POC wish to accept a contribution that is less than $50,000 annually from a non-Party, the Tompkins County Legislature must approve acceptance of the funds by the COUNTY and said funds will be deposited with the COUNTY and treated as an addition to the COUNTY’s regular annual CHDF contributions with regards to use and disbursement, subject to the same processes and regulations which govern COUNTY funds. Contributors may designate an individual to attend POC meetings until such funds are allocated, meaning the POC has voted to commit those funds to applicant project(s), but any such individuals are not members of the POC and may not vote. 2. Contributions of $50,000 or more. Contributions of $50,000 or more to the Fund by an interested municipality, major employer or charitable foundation will make it eligible as an
4 HF 2021-1-8695 associate member to appoint one representative to the POC beginning in the program year in which the contribution is made in accordance with this section.
Such contributions of $50,000 or more must, after acceptance by the POC, be formalized through an agreement between the COUNTY and the new entity to incorporate their funds into the program. The agreement will require the contributing entity to review and seriously consider funding recommendations from the Program Oversight Committee in good faith and in the spirit of accomplishing the purposes of the Fund, and upon approval by its administrative process, disburse funding awards for proposal(s) receiving funding as directed by the POC. Upon full execution of such agreement, the contributing entity may appoint an associate member to the POC. Associate members will have voting privileges limited to project application approvals and final funding recommendations to participating funders, but will not be counted towards quorum.
Any such contribution that is not fully allocated, meaning the POC has voted to commit contributions to applicant project(s), during a program year may roll forward for use in a subsequent program year. Any Associate Member appointed to the POC by a contributing entity may continue to serve on the POC until the contributing entity’s funds are fully allocated or are otherwise made unavailable for allocation.
K. Non-Party Payments. Payments to the Fund by developers pursuant to the Tompkins County Industrial Development Authority’s Workforce Housing Policy, dated July 8, 2020, or any successor policy requiring payment to the Fund, or as agreed to by a developer as a condition of a municipal approval related to housing or land development (including but not limited to approval of planned unit development or planned development zones), will be deposited with the COUNTY and treated as an additional contribution beyond the COUNTY’s annual CHDF contributions with regards to use and disbursement, subject to the same processes and regulations which govern COUNTY funds. Such payments by the developer shall not entitle the developer to Associate Member status or to appoint an individual to attend POC meetings. Such developer shall have no role in deciding how, where, or when the payments are committed to projects.
L. Term; Termination.
1. This MOU shall be effective upon execution by all the participating entities and shall have a term beginning November 10, 2021 and ending on the later of i) December 31, 2027 or ii) the disbursement of all funds encumbered by each of the Parties for use in the Fund. However, after the initial program year, all subsequent program years are understood to follow the calendar years of 2023 through 2027. 2. Any Party may terminate its participation in this MOU for any reason upon thirty (30) days written notice to the other Parties. Upon termination, the terminating Party shall honor the funding obligations from any agreements made by it with funding recipients prior to the date of termination. Any contributions committed to the Fund by the terminating Party for the year within which the written notice of termination was issued will remain available for use on Fund projects following termination. The terminating Party may continue to fully participate in the POC concerning the use of such funds until they are disbursed. 3. If the Fund is completely terminated, the COUNTY will direct the use of any remaining contributions from non-Parties or payments from developers pursuant to the TCIDA Workforce Housing Policy for the provision or preservation of affordable housing in Tompkins County. 5 HF 2021-1-8695 M. Defense and Indemnification. To the extent permitted by law, each Party hereby agrees to indemnify, hold harmless and defend the other Parties and their respective officers, employees, agents, trustees and elected officials from and against any and all claims and actions brought against the other Parties and their respective officers, employees, agents or elected officials, for injury or death to any person or persons, or for damage to property, arising out of the performance of this MOU by the Party, and its employees, subcontractors, or agents.
N. Non-Discrimination. The Parties will not discriminate against any employee, applicant for employment, sub-contractor, supplier of materials or services, or program participant because of actual or perceived: age, creed, color, disability, ethnicity, familial status, gender, height, immigration or citizenship status, marital status, national origin, race, religion, sexual orientation, perceived gender identity, socio-economic status, domestic violence victim status, or weight and will take affirmative action to ensure that they are afforded equal employment opportunities without discrimination.
O. Miscellaneous Terms. 1. The Parties agree to comply with all Federal, State, and Local laws and regulations governing the provision of services under this Agreement. 2. This Agreement may be modified at any time in writing by mutual agreement of all three Parties. 3. This Agreement supersedes all prior agreements between the Parties concerning the Fund, and any other prior representations or agreements whether oral or written are deemed merged herein.
Tompkins County
Name: ______
Title: ______
Signature: ______
Date: ______
6 HF 2021-1-8695 City of Ithaca
Name: ______
Title: ______
Signature: ______
Date: ______
Cornell University
Name: ______
Title: ______
Signature: ______
Date: ______
7 Short Environmental Assessment Form Part 1 - Project Information
Instructions for Completing
Part 1 – Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information.
Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item.
Part 1 – Project and Sponsor Information
Name of Action or Project:
Project Location (describe, and attach a location map):
Brief Description of Proposed Action:
Name of Applicant or Sponsor: Telephone:
E-Mail: Address:
City/PO: State: Zip Code:
1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, NO YES administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no, continue to question 2. 2. Does the proposed action require a permit, approval or funding from any other government Agency? NO YES If Yes, list agency(s) name and permit or approval:
3. a. Total acreage of the site of the proposed action? ______acres b. Total acreage to be physically disturbed? ______acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? ______acres
4. Check all land uses that occur on, are adjoining or near the proposed action: 5. Urban Rural (non-agriculture) Industrial Commercial Residential (suburban) □ Forest Agriculture Aquatic Other(Specify): □ Parkland
Page 1 of 3 SEAF 2019 5. Is the proposed action, NO YES N/A a. A permitted use under the zoning regulations?
b. Consistent with the adopted comprehensive plan?
NO YES 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape?
7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? NO YES If Yes, identify: ______
NO YES 8. a. Will the proposed action result in a substantial increase in traffic above present levels?
b. Are public transportation services available at or near the site of the proposed action?
c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed action? 9. Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements, describe design features and technologies:
______
______
10. Will the proposed action connect to an existing public/private water supply? NO YES
If No, describe method for providing potable water: ______
______
11. Will the proposed action connect to existing wastewater utilities? NO YES
If No, describe method for providing wastewater treatment: ______
______
12. a. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district NO YES which is listed on the National or State Register of Historic Places, or that has been determined by the Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places?
b. Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory? 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain NO YES wetlands or other waterbodies regulated by a federal, state or local agency?
b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody?
If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: ______
______
______
Page 2 of 3 14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: □Shoreline □ Forest Agricultural/grasslands Early mid-successional Wetland □ Urban Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or NO YES Federal government as threatened or endangered?
16. Is the project site located in the 100-year flood plan? NO YES
NO YES 17. Will the proposed action create storm water discharge, either from point or non-point sources? If Yes,
a. Will storm water discharges flow to adjacent properties?
b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: ______
______
18. Does the proposed action include construction or other activities that would result in the impoundment of water NO YES or other liquids (e.g., retention pond, waste lagoon, dam)? If Yes, explain the purpose and size of the impoundment:______
______
19._ Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste NO YES management facility? If Yes, describe: ______
______
20.Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or NO YES completed) for hazardous waste? If Yes, describe: ______
______
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE
Applicant/sponsor/name: ______Date: ______
Signature: ______Title:______
Page 3 of 3 Agency Use Only [If applicable] Project Date:
Short Environmental Assessment Form Part 2 - Impact Assessment
Part 2 is to be completed by the Lead Agency. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept “Have my responses been reasonable considering the scale and context of the proposed action?”
No, or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land?
3. Will the proposed action impair the character or quality of the existing community?
4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a. public / private water supplies? b. public / private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)?
10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health?
Page 1 of 2 SEAF 2019 Agency Use Only [If applicable] Project: Date:
Short Environmental Assessment Form Part 3 Determination of Significance
For every question in Part 2 that was answered “moderate to large impact may occur”, or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short- term, long-term and cumulative impacts.
Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts.
______Name of Lead Agency Date ______Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer ______Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from Responsible Officer)
Page 2 of 2 3.5 DPW – Walkable Ithaca: Giles Street Sidewalk Project
WHEREAS, a Project for the Walkable Ithaca: Giles Street Sidewalk Project, NYS DEC Contract#DEC01-C01073GG-3350000 (the “Project”) has been awarded a Climate Smart Community Grant through the NYS DEC, and
WHEREAS, the City of Ithaca desires to advance the Project by making a commitment of 100% of the costs of Construction and Construction Inspection, and
WHEREAS, the Board of Public Works, acting as the lead agency, declared on December 15, 2020, that the project would not have a significant negative environmental impact in accordance with the City Environmental Quality Review Ordinance and the New York State Environmental Quality Review Act, and
WHEREAS, on November 4, 2020, Common Council approved the 2021 SID #2 Work Plan, which included creating $250,000 SID#2 Capital Project, and
WHEREAS, on May 10, 2021, construction bids will be opened and the qualified, low-bidder will be selected, and in order to award the contract, the City needs to create a capital project; now, therefore, be it
RESOLVED, That the Common Council hereby approves the above-subject project, and, be it further
RESOLVED, That the Common Council hereby authorizes the City of Ithaca to pay in the first instance 100% of the cost of Construction and Inspection work for the Project or portions thereof, and, be it further
RESOLVED, That the sum of $800,000 be hereby appropriated from the issuance of serial bonds and made available to cover the cost of participation in the above phase of the Project; and, be it further
RESOLVED, That Common Council hereby creates Capital Project #886, to be funded from the following sources:
• $266,500 NYS DEC Grant • $250,000 approved via 2021 SID#2 Capital Project • $250,000 from CHIPS reimbursement • $33,500 SID#2 fund balance and, be it further
RESOLVED, That the Superintendent of Public Works of the City of Ithaca be and is hereby authorized to execute all necessary Agreements, certifications or reimbursement requests on behalf of the City of Ithaca in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality’s first instance funding of
Project costs and permanent funding of the local share of state-aid and state-aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible, and be it further
RESOLVED, That this project be undertaken with the understanding that the final cost of the Project to the City of Ithaca General Funds will be roughly 0% of said portion, currently estimated at $0.00 of the $800,000 authorized for this portion of the project, in monies and in- kind services as managed by the Superintendent of Public Works and monitored by the City Controller.
CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-5690
Office of City Engineer Telephone: 607 / 274-6530 Fax: 607 / 274-6415
To: City Administration Committee From: John Licitra, Sidewalk Program Manager Date: April 12, 2021 Re: Walkable Ithaca: Giles Street Sidewalk Project
Please find enclosed a resolution authorizing the Capital Project funding for the Walkable Ithaca: Giles Street Sidewalk Project. This project was authorized by Common Council during the budget approval process in Nov 4, 2020 as part of the SID 2021 Work Plan. The SEQR Negative Declaration by BPW occurred on Dec 15, 2020.
This project has been funded in part by the Climate Smart Community Grant Program, Title 15 of the Environmental Protection Fund through the NYS Department of the Environmental Conservation (NYS DEC). Sidewalk Improvement District #2 funded the design plans.
Through community meetings and Public Works staff, the scope of work has been redefined. The project also includes filling-in missing sidewalk along the 1100 block of E. State St. and complete replacement of the stormwater system along 500-900 Giles St. Of the original $5330,000 grant (50/50), costs estimates have been updated, pushing expected total project costs higher due to significant improvements to drainage, retaining walls, and curb. The current construction cost estimate is $800,000; paid via the following sources:
• $266,500 NYS DEC Grant • $250,000 approved via 2021 SID#2 Capital Project • $250,000 from CHIPS reimbursement • $33,500 SID#2 fund balance
The attached resolution authorizes the Mayor to sign the Supplemental Agreement with the New York State DEC for the total project funding in the first instance.
To more generally update you on the project, the project will open construction bids on April 27, 2021. We are looking to complete construction by Fall 2021 or Spring 2022. If you have any specific questions about the project, please let me know. You can reach me directly at 274-6534 or [email protected]
"An Equal Opportunity Employer with a commitment to workforce diversification."
3.6 DPW – South Albany Street Bridge Project
WHEREAS, a project for the rehabilitation of the South Albany Street Bridge over Six Mile Creek, P.I.N. 375668 (“the Project”) is eligible for funding under Title 23 U.S. Code as administered by the Federal Highway Administration (FHWA), as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 80% Federal funds and 20% non-Federal funds, and
WHEREAS the City of Ithaca desires to advance the Project by making a commitment of 100% of the non-Federal share of the costs of Scoping, Preliminary Design, and Detailed Design, and
WHEREAS this project constitutes a reconstruction of facility in-kind on the same site as well as maintenance or repair involving no substantial change in an existing facility, and is therefore a Type II action under the National Environmental Policy Act (NEPA) Regulation and in accordance with 6 NYCRR Part 617 requiring no environmental review, and
WHEREAS, on March 4, 2020, Common Council authorized $155,000 to cover the cost of participation in Scoping and Preliminary Design, and
WHEREAS, on February 26,2021, an additional $210,000 project funding made available by the New York State Department of Transportation to cover the cost of participation in Detailed Design; now, therefore be it
RESOLVED, That the Common Council hereby authorizes the City of Ithaca to pay in the first instance 100% of the Federal and non-Federal share of the cost of Detailed Design thereof, and, be it further
RESOLVED, That Common Council hereby amends Capital Project #879 by an amount not to exceed of $210,000 for a total project authorization of $365,000 for the purpose of covering the cost of participation in the above phase of the project, and, be it further
RESOLVED, That in the event the full Federal and non-Federal share costs of the project exceeds the amount appropriated above, Common Council of the City of Ithaca shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the NYSDOT thereof, and, be it further
RESOLVED, That funds needed for said project shall be derived from the issuance of Serial Bonds with the City’s estimated share of the project cost not to exceed 5% or $18,250, and be it further
RESOLVED, That the Mayor of the City of Ithaca of the County of Tompkins be and is hereby authorized to sign all necessary Agreements with New York State Department of Transportation to secure Federal Aid and Marchiselli Aid on behalf of the City of Ithaca and the Superintendent of Public Works is authorized to sign all necessary construction documents, contracts, certifications, and reimbursement requests, and, be it further
RESOLVED, That the Superintendent of Public Works be and is hereby authorized to administer the above project, and, be it further
RESOLVED, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and, be it further
RESOLVED, That this Resolution shall take effect immediately.
CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590
DEPARTMENT OF PUBLIC WORKS Michael J. Thorne, P.E. Superintendent Telephone: 607/274-6527 Fax: 607/274-6587
MEMORANDUM
TO: City Administration Committee FROM: Addisu Gebre, Bridge Systems Engineer DATE: April 12, 2021 RE: South Albany Street Bridge Project
Please find attached a resolution seeking Common Council authorization to pay in the first instance 100% of the Federal and non-Federal share of the project cost.
On February 26, 2021, an additional $210,000 in federal funding for the project was made available by the New York State Department of Transportation to cover the cost of participation in Detailed Design. The City of Ithaca will be reimbursed for 95% of the eligible project cost up to $199,500. Any additional cost after that up to the total authorization will be the City's responsibility.
I want to use this opportunity to inform you in advance that the estimated construction cost for this project is significantly increased due to a change in project scope. We had originally scoped this project as a rehabilitation project, but as we have studied the existing bridge in more detail, the scope has turned into a replacement project due to structural capacity issues and advanced age/condition. The original construction phase budget for this project was $1,735,000.
The two alternatives that meet the project objectives are: Alternative A – Bridge Replacement (2 - 13' Shared Travel Lanes): This alternative will replace the existing bridge with a new 85-foot, a single-span structure consisting of two 13-foot shared travel lanes (to accommodate both vehicles and bicycles) and new sidewalks on both sides of the bridge. The estimated construction phase budget for this alternative is $2,836,302. Alternative B – Bridge Replacement (2 - 11' Travel Lanes and 5' Bike Lanes): This alternative will replace the existing bridge with a new 85-foot, single-span structure consisting of two 11-foot travel lanes with 5-foot bike lanes and new sidewalks on both sides of the bridge. The estimated construction phase budget for this alternative is $3,032,881.
Staff will work to see if we can secure additional state or federal funding for the project's construction phase, which is scheduled to be in 2022. No action is required at this time, but I wanted to make you aware of this project scope change. If you have a preference between the
“An Equal Opportunity Employer with a commitment to workforce diversification.” Page 2 of 2 two alternatives above, I would appreciate your input. We will also be holding a public meeting in May to solicit feedback on the two viable alternatives for this bridge.
If you have any questions, please call me @ 607-274-6530 or email me at [email protected]. You can also find the draft design report posted on the city website under current city project (or here). cc: Tim Logue, Director of Engineering Services
3.7 WWTP – Approval of Permanent Water and Access Easements and Rights-of-Way for City of Ithaca Water Main
WHEREAS, pursuant to the Joint Sewer Agreement (revised December 31, 2003, and last amended February 20, 2019) among the City of Ithaca, Town of Ithaca and Town of Dryden (collectively, the “Municipal Owners”), the Municipal Owners presently own, operate and maintain the Ithaca Area Wastewater Treatment Facility (“IAWWTF”), located at 525 Third Street in the City of Ithaca, on property owned by them and described in the Warranty Deed with Lien Covenant dated December 22, 2011, which was recorded in the Tompkins County Clerk’s Office on December 27, 2011 as Instrument Number 585279-001, Tax Map Parcel Number 24.-1-1.2 (“IAWWTF Property”), and
WHEREAS, the City has requested permission to construct and install a water main on IAWWTF Property from the northern IAWWTF Property boundary on Cascadilla Creek to Station 2+05, and from Station 2+05 to Station 0+00 (“New Water Main”), which New Water Main will connect to an existing water main owned by the City and located on the IAWWTF Property, all as depicted in the Utility Plan Sheet C402 drawing titled “Phase 1 City Harbor Development, City Harbor, LLC and the Guthrie Clinic, 101 Pier Road, Ithaca, New York” initially dated July 14, 2020, and last revised on April 9, 2021, and
WHEREAS, the New Water Main benefits the IAWWTF and Municipal Owners because the New Water Main will (a) create a loop in the City’s water distribution system that will provide water service redundancy to the IAWWTF; (b) eliminate water quality issues at the existing dead-end City water main located on the IAWWTF Property; and (c) significantly increase fire flows to the IAWWTF Property, and
WHEREAS, at its April 14, 2021, meeting, the Special Joint Committee of the IAWWTF (“SJC”) reviewed, discussed, and approved the proposed Permanent Water and Access Easements and Rights-of-Way for City of Ithaca Water Main; now, therefore, be it
RESOLVED, That Common Council hereby approves the attached Permanent Water and Access Easements and Rights-of-Way for City of Ithaca Water Main.
PERMANENT WATER AND ACCESS EASEMENTS AND RIGHTS-OF-WAY FOR CITY OF ITHACA WATER MAIN
THIS PERMANENT WATER AND ACCESS EASEMENTS AND RIGHTS-OF-WAY FOR CITY OF ITHACA WATER MAIN (this “Easement”) is made this ___ day of ______, 2021, by and among CITY OF ITHACA, TOWN OF ITHACA and TOWN OF DRYDEN, all New York municipal corporations (collectively, “Municipal Owners”), and the CITY OF ITHACA (“City”).
RECITALS:
WHEREAS, pursuant to the Joint Sewer Agreement (revised December 31, 2003, and last amended February 20, 2019) among the City of Ithaca, Town of Ithaca and Town of Dryden, the Municipal Owners presently own, operate and maintain the Ithaca Area Wastewater Treatment Facility (“IAWWTF”), located at 525 Third Street, City of Ithaca, County of Tompkins, State of New York, on property owned by them and described in the Warranty Deed with Lien Covenant dated December 22, 2011, which was recorded in the Tompkins County Clerk’s Office on December 27, 2011 as Instrument Number 585279-001, Tax Map Parcel Number 24.-1-1.2 (“IAWWTF Property”); and
WHEREAS, the City has requested permission to construct and install a water main on IAWWTF Property from the northern IAWWTF Property boundary on Cascadilla Creek to Station 2+05, and from Station 2+05 to Station 0+00 (“New Water Main”), which New Water Main will connect to an existing water main owned by the City and located on the IAWWTF Property, all as depicted in the Utility Plan Sheet C402 drawing titled “Phase 1 City Harbor Development, City Harbor, LLC and the Guthrie Clinic, 101 Pier Road, Ithaca, New York” initially dated July 14, 2020, and last revised on April 9, 2021, attached and incorporated as Exhibit A; and
WHEREAS, the New Water Main benefits the IAWWTF and Municipal Owners because the New Water Main will (a) create a loop in the City’s water distribution system that will provide water service redundancy to the IAWWTF; (b) eliminate water quality issues at the existing dead- end City water main located on the IAWWTF Property; and (c) significantly increase fire flows to the IAWWTF Property; and
WHEREAS, the parties wish to execute this Easement to establish and confirm the rights of the City to construct and maintain the New Water Main;
NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. Grant of the New Water Main Easement. Municipal Owners hereby grant and convey to the City a nonexclusive twenty (20) foot wide permanent easement and right-of-way, centered on the as-built New Water Main, over, across and under the IAWWTF Property in the locations described in the second Whereas clause above and as depicted on Exhibit A (the “Easement Area”) for the lawful construction, reconstruction, location, relocation, maintenance,
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repair, replacement, extension, operation, and inspection of the New Water Main and its ancillary facilities (the “New Water Facilities”), which the City shall require from time to time for the provision of water services and related infrastructure to the IAWWTF Property and adjoining properties. It is agreed that the New Water Facilities shall be the property of and shall be under the control and supervision of the City. Except in emergency situations, City shall not undertake construction until Municipalities’ engineers approve in writing the City’s construction plans.
2. Access. Municipal Owners grant and convey to the City an easement and right-of- way for persons, vehicles and equipment to pass over and across the IAWWTF Property to the extent reasonably necessary to access and undertake actions permitted under this Easement that are within the Easement Area. The City shall provide the IAWWTF’s Chief Operator (or the person in any successor position) not less than twenty-four (24) hours written notice prior to entry except that, in cases of emergency, the City shall be permitted to access the Easement Area without any prior written notice to the Chief Operator, so long as the City provides the Chief Operator with verbal notice of such access as soon as practicable after the onset of the emergency. To the greatest extent reasonably possible, the City shall schedule and carry out its activities and operations within and about the Easement Area so as to limit any interruption of or interference with the IAWWTF’s activities and operations. If such interruption or interference is necessary, it shall be temporary in nature and designed to limit any restriction of access to and from the remaining lands of the IAWWTF.
3. Grant and Acceptance of Water and Access Easements Only. The above-described grants to the City of the New Water Main and access easements are for the limited purposes set forth in paragraphs 1 and 2 above. This Easement is not an offer of dedication to the City, or City acceptance of dedication, of any vehicular travel lane or paved areas within the Easement Area.
4. Environmental Compliance.
(a) The City agrees to comply with all applicable requirements set forth in any work plan, site management plan or environmental easement affecting the IAWWTF Property both as may be required and approved by the New York State Department of Environmental Conservation (“NYSDEC”) (collectively, the “Environmental Documentation”); in each case to the extent the Environmental Documentation incorporates requirements governing the City’s activities regarding the New Water Facilities (including the City’s construction, maintenance, repair, replacement and operation of the New Water Facilities). The City recognizes that compliance with the Environmental Documentation may include, but not be limited to: the use of a qualified environmental professional provided and paid for by the New York State Electric and Gas Corporation (“NYSEG”) to design and submit a work plan for approval to the NYSDEC in advance of the City’s disturbing the ground surface for the City’s activities under this Easement; the City’s compliance with the NYSDEC-approved work plan; oversight of the work by the NYSEG-provided qualified environmental professional; and noninterference with NYSEG’s proper management, testing, characterization, monitoring, investigation, treatment, remediation, transport, and disposal of wastes. Notwithstanding the foregoing, nothing in this Section 4(a) shall be deemed to shift any liability or responsibility to the City that is NYSEG’s liability or responsibility under applicable laws, orders, settlements or contracts, including the multi-site Order on Consent between NYSEG and the NYSDEC (“NYSEG Consent Order”), which was
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executed on March 30, 1994, Index #DO-0002-9309 (NYSDEC, 1994, amended and restated November 2016), pursuant to which NYSEG is responsible for implementing a full remedial program, including tests for, and investigations and remediation of, contamination related to a former First Street Manufactured Gas Plant that was previously located on the IAWWTF Property.
(b) If during excavation for purposes related to this Easement the City encounters visible or olfactory evidence of contaminated soil, fill material or groundwater, the City will immediately cease excavation and contact Municipal Owners and the NYSEG-provided qualified environmental professional as soon as practicable. The City will not recommence its excavation until Municipal Owners authorize recommencement.
5. Restoration of Surface. Upon completion of any activities the City undertakes pursuant to this Easement that disturb the surface of the Easement Area, the City shall (a) leave the Premises in a neat and presentable condition, (b) place and compact to 95% modified Proctor density engineered backfill (or other backfill as approved in writing by the Municipal Owners’ engineers), and (c) restore at the City’s expense the surface and any improvements thereon as nearly as practicable to at least as good a condition as existed prior to the City activities. The City shall provide Municipal Owners with reasonable notice and the opportunity to remove, at the City’s expense, any surface facilities and improvements prior to surface disturbance of the Easement Area.
6. Reserved Rights of Municipal Owners. Municipal Owners expressly reserve the right to use and install improvements (except buildings with foundations) on, in and under the surface and subsurface of the Easement Area, to cross and recross the Easement Area, and to grant future easements in the Easement Area, provided that any construction of improvements within, or any other use of, the Easement Area by Municipal Owners shall not interfere with, obstruct, or endanger any rights of the City under or with respect to the easements, cause injury or damage to the New Water Facilities, or affect the New Water Facilities’ physical integrity or function. Municipal Owners further expressly reserve the right to relocate said easements and rights-of-way and the New Water Facilities, in whole or in part, at Municipal Owners’ sole expense, in accordance with plans and specifications approved by the City.
7. Insurance. The City shall maintain insurance coverage in the form and not less than the amounts contained in the Insurance Requirements, attached and incorporated herein as Exhibit B. Each policy of insurance maintained pursuant to this paragraph by the City shall name the Town of Ithaca and Town of Dryden as additional insureds in connection with the easements granted to the City herein. Upon request of the Town of Ithaca or the Town of Dryden, the City shall furnish to them current certificates of insurance evidencing maintenance of the insurance policies required hereunder. The parties hereby agree that they shall deposit any insurance proceeds for IAWWTF damage or IAWWTF liabilities arising from the insurance provided herein into the IAWWTF’s joint activity account. The parties further agree that any insurance proceeds for IAWWTF damage or IAWWTF liabilities arising from the insurance provided herein shall first be used to repair, replace or pay for the IAWWTF facilities or IAWWTF liabilities.
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8. Indemnification.
(a) In connection with the grant of the easements herein, and to the fullest extent permitted by law, the City of Ithaca agrees to fully defend, indemnify, and hold harmless the Town of Ithaca, Town of Dryden, the Special Joint Committee established to oversee the operation of the Ithaca Area Wastewater Treatment Facility, and their respective elected officials, public officers, boards, employees, members and agents (collectively, the “Municipal Indemnified Parties”) from and against all claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs, and expenses (including, without limitation, reasonable attorneys’ and experts’ fees and costs), whether or not involving a third party claim, which any or all of them may incur, resulting from bodily injuries (or death) to any person, damage (including loss of use) to any property, other damages, contamination of or adverse effects on the environment, or Ithaca Area Wastewater Treatment Facility SPDES permit violations, caused by the acts or omissions of the City of Ithaca or of the City of Ithaca’s employees, agents, subcontractors, guests and invitees related to or arising out of their municipal work, activities, facilities or other improvements performed or located within the Easement Area or within areas the City uses to exercise its access rights hereunder. Notwithstanding the foregoing, to the extent the Municipal Indemnified Parties are negligent or act with willful misconduct, the City’s duty to indemnify them shall not extend to the proportion of loss attributable to the Municipal Indemnified Parties’ negligence or willful misconduct.
(b) In connection with the grant of the easements herein, and to the fullest extent permitted by law, Municipal Owners agree to fully defend, indemnify, and hold harmless the City of Ithaca and its respective elected officials, public officers, boards, employees, members, and agents (collectively, the “City of Ithaca Indemnified Parties”) from and against all claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs, and expenses (including, without limitation, reasonable attorneys’ and experts’ fees and costs), whether or not involving a third party claim, which any or all of them may incur, resulting from bodily injuries (or death) to any person, damage (including loss of use) to any property, other damages, contamination of or adverse effects on the environment, caused by the acts or omissions of Municipal Owners or of their employees, agents, or subcontractors, related to or arising out of Municipal Owners’ work, activities, facilities, or other improvements performed or located within or without the Easement Area. Notwithstanding the foregoing, to the extent the City of Ithaca Indemnified Parties are negligent or act with willful misconduct, the Municipal Owners’ duty to indemnify them shall not extend to the proportion of loss attributable to the City of Ithaca Indemnified Parties’ negligence or willful misconduct.
(c) Notwithstanding the foregoing, nothing in this Section 8 shall be deemed to shift to a party any liability or expense that is NYSEG’s liability or expense under the NYSEG Consent Order.
9. Liens and Encumbrances. The City shall not allow any claim, lien or other encumbrance arising from its use of the Easement Area to accrue against or attach to the easement premises or any other portion of the IAWWTF Property, but if any lien or notice of lien is so filed, the responsible party shall promptly bond and discharge any lien or notice of lien that may be so filed. Municipal Owners shall send to the City timely written notice of any lien so filed of which
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Municipal Owners have notice, and the City shall send to Municipal Owners timely written notice of any lien so filed of which the City has notice.
10. Notices. All notices, requests, consents, claims, demands, waivers, and other communications under this Easement (each, a “Notice”) must be in writing and addressed to the receiving party at its address set forth below (or at such other address as the receiving party may designate from time to time in accordance with this Section). Unless otherwise agreed herein, all Notices must be delivered by: personal delivery; nationally recognized overnight courier; certified mail, return receipt requested, postage prepaid; or e-mail. A Notice sent by e-mail shall be effective only if it requests a “return receipt” confirmation and the recipient sends the return receipt to the sender upon the recipient’s opening of the message, or if the recipient responds to the e- mail. All Notices shall be effective upon the date of receipt.
Notices to City of Ithaca are to be addressed to:
City of Ithaca 108 East Green Street Ithaca, New York 14850 [email protected]
with a copy to:
Ithaca City Attorney 108 East Green Street Ithaca, New York 14850 [email protected]
Notices to Municipal Owners are to be addressed to:
Ithaca Area Wastewater Treatment Facility Attention: Chief Operator 525 Third Street Ithaca, New York 14850 [email protected]
with a copy to:
Special Joint Committee Chair Ithaca Area Wastewater Treatment Facility 525 Third Street Ithaca, New York 14850 [email protected]
11. Severability. If any term or provision of this Easement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity,
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illegality, or unenforceability shall not affect any other term or provision of this Easement or invalidate or render unenforceable such term or provision in any other jurisdiction.
12. Amendments. No amendment to or modification of this Easement shall be effective unless it is in writing, identified as an amendment to or modification of this Easement, and signed by an authorized representative of each party hereto.
13. Waiver. No waiver by any party of any of the provisions of this Easement shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Easement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Easement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
14. Assignment; Successors and Assigns. City of Ithaca and its successors and assigns are hereby expressly granted the right to assign this Easement, or any part thereof, or interest therein, without any prior consent and without prejudice or recourse. The easements and related rights-of-way shall at all times be deemed to be and shall run with the land, be permanent and perpetual, and inure to and be binding upon the successors, heirs, legal representatives, and assigns of the parties named in this Easement.
15. Governing Law; Choice of Forum. This Easement and all matters arising out of or relating to this Easement shall be governed by and construed in accordance with the laws of the State of New York, without regard to or giving effect to the conflict of laws provisions thereof. Each party irrevocably and unconditionally agrees that it shall not commence any action, litigation, or proceeding of any kind whatsoever against any other party in any way arising from or relating to this Easement in any forum other than the courts of the State of New York sitting in the County of Tompkins. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of such courts.
16. Entire Agreement. This Easement constitutes the entire agreement of the parties hereto with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.
17. Counterparts. This Easement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall be deemed to be one and the same instrument.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the parties have caused this instrument to be duly executed as of the date first written above.
City of Ithaca:
CITY OF ITHACA
By: ______Name: ______Title: ______
Municipal Owners:
CITY OF ITHACA
By: ______Name: ______Title: ______
TOWN OF ITHACA
By: ______Name: ______Title: ______
TOWN OF DRYDEN
By: ______Name: ______Title: ______
[add additional signature lines for Dryden Town Board members]
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STATE OF NEW YORK ) : ss. COUNTY OF ______)
On the ___ day of ______, 2021, before me, the undersigned, a Notary Public in and for said State, personally appeared ______, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same, and that by his/her signature on the instrument, the individual or the person(s) upon behalf of which the individual acted, executed the instrument.
______Notary Public
STATE OF NEW YORK ) : ss. COUNTY OF ______)
On the ___ day of ______, 2021, before me, the undersigned, a Notary Public in and for said State, personally appeared ______, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same, and that by his/her signature on the instrument, the individual or the person(s) upon behalf of which the individual acted, executed the instrument.
______Notary Public STATE OF NEW YORK ) : ss. COUNTY OF ______)
On the ___ day of ______, 2021, before me, the undersigned, a Notary Public in and for said State, personally appeared ______, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same, and that by his/her signature on the instrument, the individual or the person(s) upon behalf of which the individual acted, executed the instrument.
______Notary Public
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EXHIBIT A
[Insert Utility Plan Sheet 402]
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EXHIBIT B
INSURANCE REQUIREMENTS
The City shall procure and maintain insurance against any and all losses, costs, expenses, claims, liabilities, actions, or damages, including liability for death or injuries to any person or persons, damage to property, or contamination of or adverse effects on the environment, arising at any time during and/or arising out of or in any way connected with the City’s use or occupancy of the Easement Area.
The following are the minimum required insurance coverages:
a. Commercial General Liability
Bodily Injury and Property Damage: $1,000,000 Each Occurrence Products/Completed Operations: $2,000,000 Aggregate Personal Injury & Advertising Injury: $1,000,000 Each Person/Organization General Aggregate: $2,000,000 Per Location Basis Damage to Rented Premises: $1,000,000
b. Business Automobile Liability
Combined Single Limit applicable to all Owned, Non-Owned and Hired Autos $1,000,000 Each Accident
c. Excess "Umbrella" Liability
Bodily Injury and Property Damage: $5,000,000 Each Occurrence General Aggregate: $5,000,000 Per Location Basis
d. Workers' Compensation & Employers' Liability
Workers Compensation Limits: Statutory Limits Employers Liability Limits: • Each Accident $1,000,000 • Disease Each Employee $1,000,000 • Disease Policy Limit $1,000,000
1. The insurance carriers providing the required coverages shall be licensed to do so in New York State, and shall be rated no lower than "A- X" by the most recent Best's Key Rating Guide unless otherwise agreed to by the City of Ithaca.
2. All policies must be endorsed to include the Town of Ithaca and Town of Dryden as additional insureds on a primary and non-contributory basis.
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3. The City shall deliver upon request of the Town of Ithaca or Town of Dryden a Certificate of Insurance (including copies of the Additional Insured) acceptable to the requesting party certifying that policies of insurance for the required coverages have been issued and are in effect. Upon expiration or cancellation of any policy, the City shall immediately deliver to the Town of Ithaca and Town of Dryden a Certificate of Insurance evidencing proper renewal or replacement of the policy.
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3.8 Mayor – Increase in Hours for Certain Positions
WHEREAS, the significant loss of City revenues due to the COVID-19 pandemic necessitated cuts to 2021 department budgets, and
WHEREAS, several departments reduced their budgets by cutting weekly hours worked for some of their employees, and
WHEREAS, the American Rescue Plan, signed into law by President Biden on March 11, 2021, included billions of dollars in emergency funding to state, local and tribal governments to compensate for the revenue losses stemming from COVID-12, and
WHEREAS, these rescue funds will allow the City of Ithaca to make significant adjustments to the 2021 budget, and
WHEREAS, the Finance and Human Resource departments have an immediate need to increase hours for employees whose hours were reduced; now, therefore, be it
RESOLVED, That Common Council hereby amends the 2021 Personnel Roster effective May 10, 2021, for the Finance Department and the Human Resources Department as follows:
Increase hours of Deputy Controller by 10 to 30 hours
Increase hours of Manager of Organizational Development by 8 to 40 hours
and, be it further
RESOLVED, That Common Council hereby amends the 2021 Authorized Budget as follows:
Increase Revenue Accounts:
A1315-4389 Federal Aid Finance Dept. 19,456 A1430-4389 Federal Aid HR Dept. 14,280 $33,736
Increase Appropriation Accounts:
A1315-5105 Admin Salaries Finance Dept. 15,411 A1315-9000 Fringe Benefits Finance Dept. 4,045 A1430-5105 Admin Salaries HR Dept. 11,311 A1430-9000 Fringe Benefits HR Dept. 2,969 $33,736
3.9 A Local Law to Amend Section C-24 of the City of Ithaca Charter Regarding the Examining Board of Electricians
Local Law # 2021 -
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. Section C-24 of the City of Ithaca Charter, entitled Examining Board of Electricians, is hereby amended to read as follows:
§ C-24Examining Board of Electricians. A. Membership. There is hereby established for the City of Ithaca an Examining Board of Electricians. One member of this Board shall be the Electrical Inspector; one shall be the Director of Planning and Development or his/her designee; and the remaining three, who shall be residents of [the City of Ithaca] Tompkins County, shall be appointed by the Mayor subject to the approval of the Common Council, namely, two master electricians licensed by the City of Ithaca and one member at large. The first appointments shall be for one, two and three years respectively, and afterwards for terms of three years.
B. Licensing power. Said Board shall be empowered to examine, license, and regulate master and special electricians and others engaging or contracting in electrical work for hire in the City of Ithaca.
C. Functions pursuant to Electrical Code. Said Board shall perform its functions pursuant to the Electrical Code of the City of Ithaca as adopted by the Common Council.
Section 2. Severability Clause. Severability is intended throughout and within the provisions of this Local Law. If any section, subsection, sentence, clause, phrase, or portion of this Local Law is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this Local Law.
Section 3. Effective Date. This Local Law shall take effect upon the filing of the Local Law in the office of the Secretary of State.
CITY ADMINISTRATION COMMITTEE ITEMS: 4.1 Resolution for Ithaca Area Wastewater Treatment Facility Emergency Repairs – Activated Sludge Blowers
WHEREAS, the activated sludge process is a secondary treatment component at the Ithaca Area Wastewater Treatment Facility, and
WHEREAS, biological growth in the activated sludge tanks is maintained through aeration, the process of mixing compressed air (oxygen) with settled wastewater in the process tanks to sustain biological treatment, and
WHEREAS, the Ithaca Area Wastewater Treatment Facility has two (2) Turblex and two (2) Hoffman industrial grade blower(s) to provide compressed air to treatment processes, and
WHEREAS, both of the Turblex blowers suffered catastrophic bearing and impeller failures in December 2020, and March 2021, respectively, eliminating system redundancy, and
WHEREAS, a recent failure analysis, diagnostic and service report provided by BCV Systems substantiated these catastrophic failures, and
WHEREAS, in accordance with State standards, the facility cannot operate as designed without having a redundant means for aeration, and
WHEREAS, in a recent April 23, 2021 MRB Group consultants draft report to evaluate a replacement blower alternative, the Turblex Blowers are identified as a type which need to typically operate at 50 – 100% of their rated airflow to perform within specifications, and
WHEREAS, in that same report, Attachment 1 shows that the high speed turbo Turblex Blowers likely operated below their rated airflow on a regular basis, which could have caused mechanical concerns including surging, and
WHEREAS, a rotary screw design blower is a recommended replacement which is a different mechanical design which would operate within IAWWTF efficiency parameters, and
WHEREAS, in comment 4 of the report, MRB notes that the need for replacement is “urgent” and states many operational concerns which constitute an “emergency,” including lack of aeration redundancy, lack of fine aeration control, potential SPDES permit exceedances, growth of filaments, and other problems which require additional maintenance, and
WHEREAS, a factory rebuild of the two (2) Turblex blowers, along with associated programming, and mechanical modifications would allow the reinstatement of the Turblex blowers at a cost significantly below the cost of replacement, and
WHEREAS, MRB evaluated three vendors as options for recommended replacement of the Turblex Blowers with an estimated average cost of $328,000; now, therefore be it
RESOLVED, That the Special Joint Committee recommended at a special meeting on April 28, 2021, to its municipal boards that they approve the rebuild or replacement of two (2) Turblex blowers for a cost, including contingencies, not to exceed the sum total of Four Hundred Thousand Dollars ($400,000), and, be it further
RESOLVED, That Common Council hereby approves the rebuild or replacement of the two (2) Turblex blowers at the IAWWTF at a cost not to exceed $400,000, and, be it further
RESOLVED, That funds necessary for said repairs be derived from the following sources as determined by the City Controller; operating funds, fund balance, serial bonds, capital reserves, grants and Federal stimulus.
4.2 Resolution for Ithaca Area Wastewater Treatment Facility Emergency Repairs – Primary Digester
WHEREAS, primary and secondary sludge digestion is a vital process at the Ithaca Area Wastewater Treatment Facility (IAWWTF), and
WHEREAS, digestion is necessary in dewatering and stabilizing solids for disposal, biogas production for heating and electrical generation, and in the receipt of trucked in wastes, a revenue generating service, and
WHEREAS, on the night of March 11-12, 2021, a blockage caused by excessive debris in the primary digester overflow line caused the liquid level in the tank to surge upwards and lift the digester cover approximately 18 inches, breaking anchor bolts, mounts, and concrete, and
WHEREAS, the immediate blockage was relieved by Drain Brain sewer service and the excess liquid was drained, allowing the primary digester cover to settle back into place but it is no longer anchored in place, and
WHEREAS, the digester will need extensive repairs to the cover, anchorage system, and sludge piping and valves to remove further blockages and restore reliable digester operations, and
WHEREAS, in accordance with standards, the facility cannot operate as designed without the primary digester in operation, and
WHEREAS, the loss of sludge management and treatment provided by this facility presents many concerns including, but not limited to, the inability to adequately maintain appropriate sludge treatment standards, the potential inability to meet plant SPDES permit requirements, the inability to adequately process sludge, increases in trucking, hauling, and disposal costs,
the inability to properly receive trucked in waste from regional sources that rely on the IAWWTF for treatment, the potential loss of revenue, and increases in costly plant energy consumption, and
WHEREAS, in a draft April 26, 2021 letter by GHD Consultants hired to evaluate emergency repairs for the primary digester, the opening narrative states that the issues with the Primary Digester and associated equipment constitute an “emergency situation” which requires immediate action on the part of the IAWWTF, and
WHEREAS, the letter identifies several actions for the Primary Digester including removal of contents, repair of the anchoring system, evaluation, cleaning, and inspection of the piping system(s), along with potential work on the supporting appurtenances as well as Secondary Digester cleaning, inspections and repairs; and WHEREAS, GHD verbally estimates the costs for these repairs to be at least $1.5 million pending further evaluation and the issuance of a subsequent memo; now, therefore be it
RESOLVED, That the Special Joint Committee recommended at a special meeting on April 28, 2021, to its municipal boards that they approve said project not to exceed the sum total of One Million Six Hundred Fifty Thousand Dollars ($1,650,000) for removal of primary digester contents, repair of the anchoring system, evaluation, cleaning, and inspection of the piping system(s), along with critical work on the supporting appurtenances as well as Secondary Digester cleaning, inspections and repairs, and a ten percent contingency, and, be if further
RESOLVED, That Common Council hereby approves the repair to the Primary and Secondary Digesters at the IAWWTF at a cost not to exceed $1,650,000, and, be it further
RESOLVED, That capital project CP #422J, IAWWTF Various Improvements, be hereby amended by an amount not to exceed $1,650,000 for a total project authorization of $13,191,850, for the purpose of funding said Primary and Secondary Digester repairs, and, be it further
RESOLVED, That funds necessary for said project shall be derived from the following sources as determined by the City Controller; insurance recovery, serial bonds, grants and Federal stimulus funds.
4.3 Common Council - Extension of TCAT Transportation Agreement for One Year
WHEREAS, on November 7, 1990, the City of Ithaca, Tompkins County, and Cornell University entered into an agreement for the design of a regional transit facility, and
WHEREAS, on October 9, 1991, the City, County and Cornell entered into a 20-year construction and operation agreement for the new transit facility, and
WHEREAS, on April 1, 1998, the City, County and Cornell entered into an agreement to create a TCAT joint venture to provide public transportation services, and
WHEREAS, on January 1, 2005, a Transportation Agreement was signed among the three parties and TCAT to end the TCAT joint venture and have the operations assumed by a single employer, TCAT, Inc., with the agreement running through October 9, 2021, and
WHEREAS, on February 12, 2018, an agreement was signed between the City and County regarding the ownership of the transit facility, and
WHEREAS, the Transportation Agreement is set to expire in October of this year, and
WHEREAS, the City, County and Cornell would like to extend the Transportation Agreement for twelve months, to allow time for negotiation of a successor agreement; now, therefore, be it
RESOLVED, That Common Council authorizes the Mayor to sign an extension of the current Transportation Agreement for a period of one year, and, be it further
RESOLVED, That the Mayor will name members to a negotiating team to meet with the County and Cornell and negotiate a successor transportation agreement, with the new agreement to be brought back to Common Council for approval before the expiration date of the extended Transportation Agreement.
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE ITEMS: 5.1 An Ordinance to Amend Chapter 146 of the City of Ithaca Municipal Code Entitled “Building Code Enforcement” A. Declaration of Lead Agency for the City of Ithaca Energy Code Ordinance
WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and
WHEREAS, State Law specifies that, for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and
WHEREAS, the proposed action is an Unlisted Action under the City of Ithaca Environmental Quality Review Ordinance and under 6 NYCRR Part 617 of the NYS State Environmental Quality Review now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the proposal to amend the Municipal Code of the City of Ithaca, Chapter 146, entitled “Building Code Enforcement”.
B. Negative Declaration of Environmental Significance for the City of Ithaca Energy Code Ordinance
WHEREAS, in May 2018 Common Council adopted the Green Building Policy Report, which contained recommendations for code requirements and served as the basis for the Ithaca Energy Code Supplement, and
WHEREAS, the City of Ithaca Common Council has demonstrated its desire and commitment to be a leader in sustainability as most recently affirmed by its unanimous adoption of the Ithaca Green New Deal on June 5, 2019 which sets forth a goal to achieve carbon-neutrality community-wide by 2030, and
WHEREAS, in support of the Ithaca Green New Deal and the City’s ongoing sustainability goals and efforts to reduce greenhouse gas emissions, the City is interested in introducing this green building policy for new structures by amending the Building Code Enforcement provisions set forth in Chapter 146 of the City of Ithaca Municipal Code to insert a new Article VII, entitled, “Establishment and Implementation of the Ithaca Energy Code Supplement”, and
WHEREAS, 6 NYCRR, Part 617, of the State Environmental Quality Review Law and Chapter 176.6 of the City Code, Environmental Quality Review require a Lead Agency be established for conducting Environmental Review of projects in accordance with local and state environmental law, and
WHEREAS, this is an Unlisted Action under the City of Ithaca Environmental Quality Review Ordinance (“CEQRO”) and the State Environmental Quality Review Act (“SEQRA”), and is subject to Environmental Review, and
WHEREAS; the City of Ithaca Common Council, being the agency which has primary responsibility for approving and funding or carrying out this action, has, on March 3, 2021, declared itself to be lead agency for the adoption of the City of Ithaca Energy Code Ordinance, amending the Municipal Code of the City of Ithaca, Part II: General Legislation, Chapter 146, and
WHEREAS, the City of Ithaca Common Council, acting as Lead Agency in Environmental Review, did on May 5, 2021, review and accept as adequate: a Short Environmental Assessment Form (SEAF), Parts 1 and 2, prepared by Planning staff; now, therefore, be it
RESOLVED, That the City of Ithaca Common Council determines that adoption of an ordinance amending the Municipal Code of the City of Ithaca Part II: General Legislation, Chapter 146, Building Code Enforcement, will result in no significant impact on the environment and a Negative Declaration for purposes of Article 8 of the Environmental Conservation Law be filed in accordance with the provisions of Part 617 of the State Environmental Quality Review Act.
C. An Ordinance to Amend Chapter 146 of the City of Ithaca Municipal Code Entitled “Building Code Enforcement” to Establish the Ithaca Energy Code Supplement
WHEREAS, the City of Ithaca Common Council has demonstrated its desire and commitment to be a leader in sustainability as most recently affirmed by its unanimous adoption of the Ithaca Green New Deal on June 5, 2019 which sets forth a goal to achieve carbon-neutrality community-wide by 2030, and
WHEREAS, locally, the building sector is responsible for more than half of greenhouse gas (GHG) emissions, and the most affordable and cost‐effective time to reduce GHG emissions is when a building is built, and
WHEREAS, pursuant to section 11-109 of the New York State Energy Law, and subject to the provisions and requirements of that section, municipalities may promulgate local energy conservation construction codes more stringent than the NYS Energy Code, and
WHEREAS, in 2017, in partnership with the Town of Ithaca, the City engaged an outside consultant in development of a green building code supplement to reduce GHG emissions in new construction, and
WHEREAS, the proposed energy code supplement assigns point values for various green building construction methods and components, assesses minimum point aggregates or paths for new residential and commercial construction to meet the proposed green building goals and requirements, and includes an implementation schedule governing when projects must meet these requirements, and
WHEREAS throughout the development process, the Planning Division convened regular meetings with internal and external stakeholder committees, which included representatives from the development community, major local institutions, and sustainability advocates, and
WHEREAS between 2017 and 2020, the Planning Division held numerous public outreach sessions resulting in hundreds of comments and public feedback, which have been incorporated into the proposed energy code supplement, and
WHEREAS in May 2018 Common Council adopted the Green Building Policy Report, which contained recommendations for code requirements and served as the basis for the Ithaca Energy Code Supplement, and
WHEREAS, in support of the Ithaca Green New Deal and the City’s ongoing sustainability goals and efforts to reduce greenhouse gas emissions, the City is interested in introducing this green building policy for new structures by amending the Building Code Enforcement provisions set forth in Chapter 146 of the City of Ithaca Municipal Code to insert a new Article VII, entitled, “Establishment and Implementation of the Ithaca Energy Code Supplement”; now, therefore
ORDINANCE NO. 2021-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. Findings of Fact. The Common Council finds that:
1. The City of Ithaca has long demonstrated its commitment to sustainability and related environmental concerns. 2. On June 5, 2019, the City established a goal of achieving a carbon neutral city by 2030 including a requirement that all new buildings in Ithaca produce 40% fewer greenhouse gas emissions than required by state code. 3. Buildings within the City of Ithaca are the most significant contributor to local greenhouse gas emissions. 4. It is more cost effective to design and build new structures to have lower greenhouse gas emissions than to retrofit existing buildings. 5. In recognition of the above findings of fact, the enactment of this Article is intended to establish a green building policy or local energy code supplement for new buildings.
Section 2. Creation of a new Article VII, Chapter 146. Chapter 146 of the City of Ithaca Municipal Code entitled “Building Code Enforcement” is hereby amended to add a new Article VII entitled “Establishment and Implementation of the Ithaca Energy Code Supplement.” Such Article shall read as follows:
Article VII – Establishment and Implementation of the Ithaca Energy Code Supplement
§ 146-50. Title, legislative purpose, intent, and effective date.
This Article shall be known and cited as the “Establishment and Implementation of the Ithaca Energy Code Supplement.” The purpose and intent of this Article is to establish a green building code for all new construction, certain additions, and major renovations, as specified and defined in this Article, of any buildings, structures, or premises, regardless of use or occupancy with requirements above and beyond the state energy code. The requirements set forth give priority to electrification, renewable energy, and affordability.
The intent of this Article is to: (1) deliver measurable and immediate reductions in greenhouse gas emissions from new buildings, major renovations, and new additions; (2) advance best practices in the design of affordable buildings to deliver reduced greenhouse gas emissions; and (3) provide a rapid but orderly transition to alternative sources of energy, e.g., not fossil fuel based, to supply major building energy needs, such as space heating and hot water heating, by 2026.
The regulatory structure set forth in this Article and requirements of the Article are effective upon enactment. Additional requirements to further reduce greenhouse gas emissions become effective in 2023 and 2026.
§ 146-51. Definitions
Addition - An extension or increase in heated floor area, number of stories or height of a building or structure.
Building - Any structure utilized or intended for supporting or sheltering any occupancy.
Construction - Work subject to the provisions of City Code Section 146 “Building Code Enforcement.”
Director or Director of Planning – Shall refer to the Director of Planning and Development, or where not noted, but in the Director’s discretion, may also include the Director’s designee.
Directly Heated Space - An area or room that is enclosed within the building thermal envelope and is directly heated using fossil fuel, electricity, or biomass as the energy source. Spaces are indirectly heated (and not directly heated) where they connect through openings with heated spaces, where they are separated from heated spaces by uninsulated walls, floors or ceilings, or where they contain uninsulated ducts, piping or other sources of heating using fossil fuel, electricity, or biomass.
Final approved IECS Plan – A Project’s final plan for compliance with the Ithaca Energy Code Supplement, as approved by the Director of Planning or designee.
Floor Area – The total square footage of all levels as measured from the inside finished surface of the walls, but excluding outside courts, unconditioned garages, and uninhabitable crawl spaces and attics.
Fossil Fuels – An energy source formed in the Earth's crust from decayed organic material. The common fossil fuels are petroleum, coal, and natural gas. For purposes of this IECS, fossil fuels shall also include common extracts, derivatives, and products of fossil fuels, including but not limited to propane, kerosene, and gasoline.
Heated Floor Area – The horizontal projection of the floors associated with the heated space.
Ithaca Energy Code Supplement -The regulations governing implementation of this Article setting forth the point requirements and criteria and compliance paths. Also referred to as the IECS or Supplement.
Major Renovation - Construction or renovation to an existing structure other than a repair or addition, where (a) the Work Area exceeds 75 percent of the floor area, and (b) two or more of the following occur: 1. Replacement or new installation of a heating plant or system (e.g. boiler, furnace, or other major system). Changes to ventilation and air conditioning systems are not considered renovations of the heating system. 2. Construction that involves disassembly of greater than 50% of the area of the above-grade portion(s) of the building thermal envelope.
3. Changes to, including but not limited to new installation, replacement, relocation, or removal of, lamps, lighting, or other illumination fixtures in greater than 50% of the building floor area. Space within a building that is not currently lit, and is not proposed to be lit, shall not count toward the 50% calculation.
Project - Any land use activity or construction which requires a building permit from the Building Division and will result in changes to the physical condition, appearance or type of use, or intensity of use, of property.
Renewable Energy Credit - A tradable instrument that represents the environmental attributes of one megawatt-hour of renewable electricity generation and is transacted separately from the electricity generated by the renewable energy source. Also known as REC, renewable energy certificate, energy attribute and energy attribute certificate.
Renewable Energy Systems – Includes any energy systems producing electricity from solar, wind, or hydroelectric, or thermal energy from solar, geothermal, or hydrothermal resources, but shall not include systems producing thermal energy absorbed from or rejected to outdoor air/ground/water and used in conjunction with heat pumps.
Thermal Envelope -- The insulated exterior walls (above and below grade), floors, ceilings, roofs, and any other building element assemblies that enclose heated space or provide a boundary between heated space and unheated space.
Work Area - That portion or portions of a building consisting of all reconfigured spaces as indicated on the construction documents. Work area excludes other portions of the building where incidental work entailed by the intended work must be performed and portions of the building where work not initially intended by the owner is specifically required by the provisions of state Existing Building code.
§ 146-52. Application of Ithaca Energy Code Supplement
A. Application. This Article shall apply to the following Construction: 1. New construction, excluding additions and major renovations not specified in this section; 2. Additions 500 square feet or larger to one-family dwellings or two-family dwellings; 3. Additions 1,000 square feet or larger to buildings other than one- family dwellings or two-family dwellings; and 4. Major Renovations;
B. Notwithstanding the provisions of (A) above, this Article shall not apply to any Project or Construction that does not include directly heated space.
C. Projects or Construction subject to this Article must comply with the standards and methods of compliance set forth in the Ithaca Energy Code Supplement, which is hereby made a part of this Chapter by reference, and as may be updated from time to time. The Ithaca Energy Code Supplement is available on the City’s website, and in hardcopy from the
Planning Department. Building permit applicants must comply with the most current version at the time of submission of the building permit application.
D. Except as specified in this Article or in the Ithaca Energy Code Supplement, this Article shall not be used to require the removal, alteration or abandonment of, nor prevent the continued use and maintenance of, an existing building or building system lawfully in existence at the time of adoption of this chapter.
§ 146-53 Compliance Standards.
A. Compliance Standards. All buildings, structures or premises must be designed to comply with the New York State Energy Code and the Ithaca Energy Code Supplement, and any other referenced standards, in effect at the time of submission of the building permit application.
B. As of the date of submission of the building permit application and based on the type of construction as determined by the Building Division (e.g. commercial or residential), all projects or construction subject to this Article must also demonstrate the means by which the project or construction will comply with the applicable standards and methods of compliance set forth in the IECS. Each project must submit documentation with the submission of a building permit application demonstrating the Project’s proposed compliance with the applicable requirements of the Ithaca Energy Code Supplement.
C. The Code Inspector shall review the proposed compliance plan. Upon satisfactory receipt of all documentation and other materials necessary to evaluate the plan and assess its compliance with the IECS, the Code Inspector shall determine whether the plan fulfills the applicable IECS requirements, and if so, approve the IECS plan as final. The final approved IECS plan shall be the basis for evaluating compliance with this Article and issuance of certificate(s) of compliance or occupancy and shall be maintained in the Building Division property file.
D. Any Project using Renewable Energy Credits and/or Renewable Energy Systems to fulfill the compliance requirements established by this Article shall have additional document production and record keeping requirements as set forth in the Supplement. Production of the required documents or record keeping data, upon the City’s inspection request, as well as conformity with the requirements set forth in the final approved IECS plan, shall be considered a basis for evaluating compliance with this Article and issuance of certificate(s) of compliance or occupancy.
§ 146-54 Enforcement, inspection and violations
A. Enforcement. The Director of Planning or designee shall be the enforcement official for the Ithaca Energy Code Supplement, responsible for inspection and enforcement of the standards set forth therein. In accordance with such responsibility, the Director
or designee shall have the power to stop work or enforce as otherwise authorized in Article II of this Chapter for any work not conforming to the Ithaca Energy Code Supplement or being done in a generally careless or hazardous manner.
B. Inspection. Compliance with the Project’s approved building permit and relevant Ithaca Energy Code Supplement provisions shall be periodically inspected for conformance with the final approved IECS plan and building permit, including the maintenance, in accordance with all other certificates, inspections or other approvals required by the City Code or State law. If there is nonconformance, or if any of the final approved IECS plan items are not fulfilled, no certificate of occupancy or certificate of completion shall be issued. Where a property reverts to nonconformance after the issuance of a certificate of occupancy or certificate of completion, current owners shall be notified in writing and given the opportunity to correct the situation. If the Director determines that the corrective measures are inadequate, the City may impose a fine in accordance with Section 146-59 "Penalties for Offenses" for any violations of the provisions of this chapter or of the Ithaca Energy Code Supplement.
C. Violations. It shall be a violation of this Article to violate any provision or standard of the Ithaca Energy Code Supplement, including specifically, but not limited to, construction without and/or failure to maintain any element required by the project- specific approved IECS plan.
§ 146-55 Unreasonable Hardship Exemption.
A. If compliance with this Chapter presents an unreasonable hardship, the applicant may apply for an exemption as set forth in this section. In applying for an exemption, the burden is on the applicant to demonstrate the unreasonable hardship, and that the proposed exemption fulfills alternative energy conservation standards or otherwise achieves to the maximum extent practicable the purposes of this Article, reduction of greenhouse gas emissions. Approval or denial of an unreasonable hardship exemption is at the discretion of the Director of Planning. In the Director of Planning’s discretion, the exemption application may be referred to the Building Code Board of Appeals for determination or further input on the exemption application. Unreasonable hardship exemptions will only be granted in unusual circumstances based upon a showing of good cause and a determination that the public interest is not substantially prejudiced by the exemption or other compelling circumstances.
B. An applicant for an exemption shall publish notice twice in the official newspaper of the City of Ithaca, which notice shall state the relief sought, the applicant's name and the location of the property and that comments may be sent to the City Director of Planning and Development. The Director’s decision shall not be made or become effective sooner than ten days from date of the first publication. The applicant is responsible for providing proof of publication.
C. The determination of the Director of Planning shall become final ten calendar days after the date of decision unless appealed to the City Building Code Board of Appeals. For
construction subject to City Code Chapter 228 “Landmarks Preservation,” the Director of Planning may, at his or her discretion, refer the request for an unreasonable hardship exemption to the Ithaca Landmarks Preservation Commission for advisory decision to the Director of Planning.
D. If the Director of Planning or designee grants an exemption, the Director shall make a determination as to the maximum compliance requirements reasonably achievable for the project and shall confirm the exemption compliance plan, which shall be marked "Approved with Exemption," and maintained with the Building Division property file. The construction shall be subject to the IECS approval and compliance process in this Article, based on the final approved with exemption IECS Plan.
§ 146-56 Appeals. A. Any determination or interpretation by the Director of Planning or designee concerning the application of the provisions of this Article and/or the Ithaca Energy Code Supplement, and any enforcement thereof may be appealed to the Director of Planning within 30 days of the written notification. Any person aggrieved by any decision of the Director may appeal to the Building Code Board of Appeals.
B. Any person aggrieved by any decision of the Building Code Board of Appeals may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules.
§ 146-57 Authority to Update.
The Director of Planning or designee is hereby authorized to make minor amendments and non-substantive revisions to the Ithaca Energy Code Supplement as deemed necessary from time to time, which may include clarifications concerning point values or additional point classifications of individual energy criteria. Substantive changes to point values or the classifications or amendments to the Phases, as described above, shall require Common Council approval.
§ 146-58 Severability.
If any section, paragraph or provision of this Article shall be determined to be invalid, such invalidity shall apply only to the section, paragraph or provision adjudged invalid, and the rest of this Article shall remain valid and effective. Section 3. To incorporate the new Ithaca Energy Code Supplement set forth in the new Article VII, the City of Ithaca Municipal Code is further amended as follows with any sections or subsections not modified below remaining unchanged:
§ 146-1 Legislative purpose and intent.
A. Title. This chapter shall be known and may be cited as the "Building Code Enforcement Ordinance of the City of Ithaca, New York."
B. Purpose and intent. The purpose of this chapter is to provide for enforcement procedures in the City of Ithaca for the New York State Uniform Fire Prevention and Building Code (Uniform Code) and the New York State Energy Conservation Construction Code (Energy Code), which were heretofore made applicable in the City of Ithaca by New York State Executive Law § 381, Subdivision 2, and regulations and standards made applicable in the City of Ithaca by the Common Council pertaining to the licensing, examining, registering, inspecting and enforcement thereof of contractors, plumbers, electricians, heating and ventilating installers and their work, and the Ithaca Energy Code Supplement, incorporated into this Chapter as Article VII. Except as otherwise provided in the Uniform Code, other state law, or other section of this chapter, all buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions of this chapter.
§ 146-2 Compliance required.
No person shall construct, alter, repair, move, remove, demolish, equip, occupy, use or maintain any building, structure or portion thereof in violation of any provision of this chapter, the New York State Uniform Fire Prevention and Building Code, the Energy Code, the Ithaca Energy Code Supplement, this Municipal Code, laws, ordinances, rules and regulations of any agency having jurisdiction over the subject matter nor fail to comply with lawful orders of the Director of Planning and Development or his/her designee, nor shall any person engage in any trade or occupation required to be licensed pursuant to the provisions of this chapter without first obtaining the proper license provided for hereunder, nor shall any person engage in any trade or occupation required to be registered pursuant to the provisions of this chapter without first properly registering as provided for hereunder.
§ 146-4 Administrative officers and functions.
F. Enforcement 1. The Director of Planning and Development or his/her designee shall be responsible for the enforcement of the New York State Uniform Fire Prevention and Building Code, hereafter referred to as the "Uniform Code.," Tthe New York State Energy Conservation Construction Code, the City of Ithaca Zoning Ordinance, the Ithaca Energy Code Supplement, and all other codes and ordinances applicable to building construction and land use, and shall have the power to stop work not conforming to the Building Code or being done in a generally careless or hazardous manner. The City of Ithaca Fire Marshal shall be responsible for enforcement of the Fire Code of NYS (see Chapter 181).
K. Compliance orders. (1) The Director of Planning and Development or his/her designee is authorized to order in writing the remedying of any condition or activity found to exist in, on or about any building, structure, or premises in violation of the Uniform Code, the Energy Code, the Ithaca Energy Code Supplement, or this chapter. Upon finding that any such condition or activity exists, the Director of Planning and Development or his/her designee shall issue a compliance order. The compliance order shall:
§ 146-5 Building permits.
C. Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code, the Energy Code, the City of Ithaca Zoning Ordinance, Ithaca Energy Code Supplement or other applicable codes and ordinances.
D. Applications for building permits. Applications shall be made in writing on a form provided by the Building Department. The application shall be signed by the owner of the property where the work is to be performed or an authorized agent of the owner. The application shall include such information sufficient to permit a determination by code enforcement personnel that the intended work complies with all applicable requirements of the Uniform Code, the Energy Code, the City of Ithaca Zoning Ordinance, Ithaca Energy Code Supplement and other applicable codes and ordinances. The application shall include or be accompanied by the following information and documentation:
…
(4) Where applicable, a statement of special inspections or certifications prepared in accordance with the provisions of the Uniform Code and/or Ithaca Energy Code Supplement; and
H. Issuance of building permits. (1) An application for a building permit shall be examined to ascertain whether the proposed work is in compliance with the applicable requirements of the Building Code, the Energy Code, the City of Ithaca Zoning Ordinance, the Ithaca Energy Code Supplement, and other applicable codes and ordinances. The Code Enforcement Officer shall issue a building permit only if the proposed work is in compliance with the applicable requirements of the applicable codes and ordinances.
O. Time limits. Building permits shall become invalid unless the authorized work is commenced within six months following the date of issuance. Building permits shall expire two years after the date of issuance, except that building permits that authorize work with a construction value of more than $15,000,000 shall remain in effect for a period of three years. A building permit may be renewed prior to the expiration date for one additional two-year period upon application by the permit holder, payment of the applicable fee, and approval of the application by the Code Enforcement Officer, provided that: (1) The permit has not been revoked at the time of the application for renewal; (2) The relevant information supplied on the original permit application is current; and (3) All changes to the scope of work, or methods and materials to be used are in accordance the construction documents submitted and with the Uniform Code, the Energy Code, the City of Ithaca Zoning Ordinance, the Ithaca Energy Code Supplement and other applicable codes.
P. Revocation or suspension of building permits. If the Code Enforcement Officer determines that a building permit was issued in error because of incorrect, inaccurate or incomplete information, or that the work for which a building permit was issued violates the Uniform Code, the Energy Code, the City of Ithaca Zoning Ordinance, the Ithaca Energy Code Supplement or other applicable code or provision of this Chapter, the Code Enforcement Officer shall revoke the building permit, or suspend the building permit until such time as the permit holder demonstrates that:
(1) All completed work is in compliance with all applicable provisions of the Uniform Code, the Energy Code, the City of Ithaca Zoning Ordinance, the Ithaca Energy Code Supplement or other applicable code or provision of this Chapter; and (2) All work proposed to be performed shall be in compliance with all applicable provisions of the Energy Code, the City of Ithaca Zoning Ordinance, the Ithaca Energy Code Supplement, or other applicable code or provision of this Chapter.
§ 146-6 Construction inspections.
F. After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the permit holder shall be notified as to where the work fails to comply with the applicable code. Work not in compliance shall remain exposed until such work shall have been brought into compliance with all applicable provisions of the Uniform Code, the Energy Code, Ithaca Energy Code Supplement, or other applicable code, reinspected, and found satisfactory as completed.
§ 146-7 Stop-work orders. A. The Code Enforcement Officer is authorized to issue stop-work orders pursuant to this section. The Code Enforcement Officer shall issue a stop-work order to halt: (1) Any work that is determined by Code Enforcement Officer to be contrary to any provision of the Uniform Code, the Energy Code, or the City of Ithaca Zoning Ordinance, or the Ithaca Energy Code Supplement without regard to whether such work is or is not work for which a building permit is required, and without regard as to whether a building permit has or has not been issued; or
§ 146-8. Certificates of occupancy and certificates of completion.
C. Issuance of certificates of occupancy and certificates of completion. The Director of Planning and Development or authorized code enforcement personnel shall issue a certificate of occupancy or certificate of completion if the work which was the subject of the building permit was completed in accordance with all applicable provisions of the Uniform Code, the Energy Code, the Ithaca Energy Code Supplement and the City of Ithaca Zoning Ordinance and/or, if applicable, that the structure, building or portion thereof that was converted from one use or occupancy classification or subclassification to another complies with all provisions of the Uniform Code, the Energy Code, the Ithaca Energy Code Supplement and the City of Ithaca Zoning Ordinance. The Code Enforcement Officer shall inspect the building, structure or work prior to the issuance of a certificate of occupancy or
certificate of completion. In addition, where applicable, the following documents prepared in accordance with the provisions of the Uniform Code or other requirements set forth by applicable Code or provisions of this Chapter by such person or persons as may be designated by or otherwise acceptable to the Code Enforcement Officer, at the expense of the applicant for a certificate of occupancy or a certificate of completion shall be provided to the Code Enforcement Officer prior to the issuance of the certificate of occupancy or certificate of completion:
E. Temporary certificates. (2) The Code Enforcement Officer may include in a temporary certificate such terms and conditions as he or she deems necessary or appropriate to ensure safety. A temporary certificate shall be effective for a period of time, not to exceed six months, which shall be determined by the Code Enforcement Officer and specified in the temporary certificate. During the specified period of effectiveness of the temporary certificate, the permit holder shall undertake to bring the building or structure into full compliance with all applicable provisions of the Uniform Code, the Energy Code, the Ithaca Energy Code Supplement, the City of Ithaca Zoning Ordinance and the conditions of site plan approval, if any, and any additional requirements set forth by applicable Code or provisions of this Chapter. Temporary certificates of occupancy may be renewed for one additional period of not more than six months upon application and payment of the fee provided for in § 146-5K at the discretion of the Code Enforcement Officer.
§ 146-49. Compliance required.
All new installations of heating and/or ventilating apparatus repairs, alterations or additions thereto must be made in strict compliance with the regulations set forth in the Building Code, the New York State Energy Code, and Ithaca Energy Code Supplement.
Section 4. Existing Article VII “Penalties” shall be amended and renumbered as Article VIII, and starting with Section 146-59 with no other amendments to the Article.
Section 5. As required by Energy Law Section 11-109, Common Council directs the Director of Planning or designee to file a copy of this ordinance and Supplement with the New York State Fire Prevention and Building Code Council within thirty days after promulgation or adoption of this ordinance.
Section 6. Severability. Severability is intended throughout and within the provisions of this ordinance. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portion.
Section 7. Effective date. This ordinance shall take effect 90 days after approval by Common Council and in accordance with law upon publication of notices as provided in the Ithaca City Charter.
ITHACA ENERGY CODE SUPPLEMENT 04/29/2021
Three Documents work together: • IECS o A local energy code supplement with requirements above and beyond the Energy Conservation Construction Code of New York State o Town of Ithaca and City of Ithaca versions to be as similar as possible
• IECS Reference Manual o Contains non-essential information to help understand and use the IECS, such as background information and commentary
• IECS Ordinance o IECS-enabling legislation as adopted by Common Council o To be codified in Chapter 146 of City Code o Enacts the IECS as the regulatory document containing requirements for compliance o Town will incorporate similar language as needed into IECS
Chapter 1 PURPOSE
SECTION 101 PURPOSE
101.1 This Ithaca Energy Code Supplement establishes a local energy code supplement with requirements above and beyond the state energy code. A separate Ithaca Energy Code Supplement Reference Manual provides commentary, examples, and other resources to support the requirements set forth in this document.
101.2 The requirements set forth give priority to electrification, renewable energy, and affordability. Objectives include: ● To deliver measurable and immediate reductions in greenhouse gas (GHG) emissions from new buildings, major renovations, and new additions. ● To promote best practices in the design of affordable buildings to deliver reduced GHG emissions. ● To provide a rapid but orderly transition to buildings that do not use fossil fuels for major building energy needs such as space heating and hot water heating, by 2026. For construction subject to the Ithaca Energy Code Supplement, requirements for reductions in GHGs go into effect in three steps: 2021, 2023, and 2026.
Chapter 2 SCOPE AND APPLICATION SECTION 201
201.1 This energy code supplement provides requirements that are in addition to the requirements of the Energy Conservation Construction Code of New York State (ECCCNYS). This chapter shall be enforced in addition to the ECCCNYS.
SECTION 202 APPLICABILITY
202.1 Applicability The requirements of this Ithaca Energy Code Supplement shall apply to the following construction: 1) All new construction, excluding additions and renovations that are not specified in this list 2) All additions 500 square feet or larger to single family dwellings or two-family dwellings 3) All additions 1,000 square feet or larger to buildings other than single family dwellings or two-family dwellings 4) All MAJOR RENOVATIONS, as defined in Chapter 3.
Exception to 202.1 Applicability The requirements of the IECS shall not apply to construction that does not include directly heated space.
202.2 Compliance Code compliance as applied to types of buildings: • Commercial Buildings shall meet the provisions of Chapter 4, Commercial Building Provisions. • Residential Buildings shall meet the provisions of Chapter 5, Residential Building Provisions. • Mixed-use buildings where more than 50% of the heated floor area is residential shall meet the requirements for residential buildings set forth in Chapter 5. Mixed-use buildings where 50% or more of the heated floor area is commercial shall meet the requirements for commercial buildings set forth in Chapter 4. In mixed-use buildings, the whole building shall comply with all applicable requirements; no portion is exempt from requirements. • Additions – The applicant shall demonstrate compliance for additions in either of the following two ways: 1. Independent of the existing building: All applicable requirements shall be met for the addition alone, without considering the existing building. If the addition is complying independent of the existing building, then all references to “building” in Chapters 4, 5 and 6 shall refer to the addition. 2. Together with the existing building: All applicable requirements shall be met for the addition and the existing building together, as a whole. If the addition is complying together with the existing
building, then all references to “building” in Chapters 4, 5, and 6 shall refer to the addition and the existing building together. • In MAJOR RENOVATIONS, the whole building, including space outside of the work area, shall comply with all applicable requirements.
Chapter 3 DEFINITIONS SECTION 301 GENERAL
301.1 Terms Defined in Other Codes Where terms are not defined in this code and are defined in the Energy Conservation Construction Code of New York State, such terms shall have the meanings ascribed to them as in that code. Where terms are not defined in this code and are defined in a New York State code other than the Energy Conservation Construction Code, and the applicable code is specifically referenced in relation to the terms, such term shall have the meanings ascribed to them in relation to the referenced code.
SECTION 302 GENERAL DEFINITIONS
ACCREDITED PASSIVE HOUSE CERTIFIER - An organization accredited by Passive House Institute or Passive House Institute US as a Passive House Certifier. A list of Accredited Passive House Certifiers can be found at www.passivehouse.com and www.phius.org.
ADAPTIVE REUSE – The repurposing of a building for a new permitted use or change in occupancy type.
ASHRAE 90.1. The publication entitled "ANSI/ASHRAE/IES Standard 90.1, Energy Standard for Buildings Except Low-rise Residential Buildings" published by ASHRAE, the American Society of Heating, Refrigerating and Air- Conditioning Engineers. In several provisions, a specific printing of the standard is specified, for example, ASHRAE 90.1-2013.
BIOMASS – Organic material that is processed and burned to provide energy, particularly for space heating, through direct thermal energy. Biomass for space heating purposes includes cord wood, pellets, and chips.
BUILDING THERMAL ENVELOPE – The insulated exterior walls (above and below grade), floors, ceilings, roofs, and any other building element assemblies that enclose heated space or provide a boundary between heated space and unheated space.
COMMERCIAL BUILDING – See also MIXED-USE BUILDING. Any building that is not included in the definition of RESIDENTIAL building.
COMMUNITY RENEWABLE ENERGY FACILITY: An off-site renewable energy system or facility that is qualified as a community energy facility under applicable New York state and local utility statutes and rules.
DESIGN PROFESSIONAL – A Professional Engineer (PE) or a Registered Architect (RA) licensed to practice in the State of New York.
DIRECTLY HEATED FLOOR AREA – The horizontal projection of the floors associated with the directly heated space.
DIRECTLY HEATED SPACE - An area or room that is enclosed within the building thermal envelope and is directly heated using fossil fuel, electricity, or biomass as the energy source. Spaces are indirectly heated (and not directly heated) where they connect through openings with heated spaces, where they are separated from heated spaces by uninsulated walls, floors or ceilings, or where they contain uninsulated ducts, piping or other sources of heating using fossil fuel, electricity, or biomass.
DORMITORY - A multiple dwelling which provides sleeping accommodations and domestic facilities and services for a group of college, university or secondary school students.
EASY PATH – Also known as PRESCRIPTIVE COMPLIANCE PATH. One possible compliance path for this Code, under which a certain number of points must be earned.
ELECTRIC VEHICLE CHARGING STATION (ELECTRIC VEHICLE SUPPLY EQUIPMENT [EVSE], EV CHARGING STATION, CHARGING POINT) - The element in an infrastructure that supplies electric energy for the recharging of plug-in electric vehicles.
ELECTRIC VEHICLE PARKING SPACE (EV PARKING SPACE) – A parking space that includes access to a dedicated electric vehicle charging port and supporting electrical infrastructure, collectively referred to as Electric Vehicle Supply Equipment (EVSE).
ENERGY USE – All references to energy use in this document refer to site energy use, which is the heat and electricity consumed by a building as reflected at the meter and/or in the utility bills.
ENERGY PROFESSIONAL - A professional holding a current accreditation in the energy field from BPI, AEE, ASHRAE, RESNET, or other body approved by the Director of Planning and Development or their designee.
FLOOR AREA – The total square footage of all levels as measured from the inside finished surface of the walls, but excluding outside courts, unconditioned garages, and uninhabitable crawl spaces and attics.
FOSSIL FUELS – An energy source formed in the Earth's crust from decayed organic material. The common fossil fuels are petroleum, coal, and natural gas. For purposes of this IECS, fossil fuels shall also include common extracts, derivatives, and products of fossil fuels, including but not limited to propane, kerosene, and gasoline.
GREENHOUSE GAS (GHG) – Any of several gases, including carbon dioxide (CO2), methane (CH4), nitrous oxide
(N2O), and fluorinated gases, that trap heat in the atmosphere.
HEATED FLOOR AREA – The horizontal projection of the floors associated with the heated space.
HEATED SPACE - An area or room that is enclosed within the building thermal envelope and is directly or indirectly heated using fossil fuel, electricity, or biomass as the energy source. Spaces are indirectly heated where they connect through openings with heated spaces, where they are separated from heated spaces by uninsulated walls, floors or ceilings, or where they contain uninsulated ducts, piping or other sources of heating using fossil fuel, electricity, or biomass.
HEAT PUMP, AIR SOURCE – Air source heat pumps extract heat from the ambient air. Water loop boiler/tower heat pumps are not considered air source heat pumps.
HEAT PUMP, GROUND SOURCE – Ground source heat pumps, also known as geothermal heat pumps, are heat pumps that extract heat from the earth, groundwater, a body of water, or similar sources. Water loop boiler/tower heat pumps are not considered ground source heat pumps.
HOTEL – As defined in City Code Section 325, and shall include hotel, motel, bed-and-breakfast inn, as those terms are defined in Section 325.
LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN (LEED) – A green building rating/certification system, developed by the U.S. Green Building Council (USGBC) and administered by Green Business Certification, Inc. (GBCI).
LIGHTING POWER ALLOWANCE (LPA) - Maximum allowed lighting power density. Lighting Power Allowances for use in Prescriptive Compliance Path/Easy Path point AI4 Right Lighting are given in Table AA1 (Appendix A).
LIGHTING POWER DENSITY (LPD) - Lighting power consumption per square foot of floor area, measured in watts per square foot.
LIVABLE SPACE - A space in a building for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered livable spaces.
MAJOR RENOVATION – Any construction or renovation to an existing structure other than a repair or addition, where (1) the WORK AREA exceeds 75 percent of the FLOOR AREA and (2) two or more of the following occur: A) Replacement or new installation of a heating plant or system (e.g. boiler, furnace, or other major system). Changes to ventilation and air conditioning systems are not considered renovations of the heating system. B) Construction that involves disassembly of greater than 50% of the area of the above-grade portion(s) of the BUILDING THERMAL ENVELOPE in the building. C) Changes to lighting, including but not limited to new installation, replacement, relocation, or removal, of lamps, lighting, or other illumination fixtures in greater than 50% of the building FLOOR AREA. Space within a building interior that is not currently lit, and is not proposed to be lit, shall not count toward the 50% calculation.
MIXED-USE BUILDING – See also RESIDENTIAL BUILDING and COMMERCIAL BUILDING. Any building in which a portion of the use is residential, and a portion of the use is commercial. For purposes of this Supplement, any mixed-
use building in which more than 50% of the HEATED FLOOR AREA is for residential use shall be classified as a RESIDENTIAL BUILDING. Any other mixed-use building shall be classified as a COMMERCIAL BUILDING. When determining the size of residential spaces, include all dwelling units, as well as all shared amenity spaces (common areas) that serve only the dwelling units, including but not limited to shared lobbies, hallways, stairways, gyms and laundry areas.
NATIONAL GREEN BUILDING STANDARD (NGBS, OR ICC/ASHRAE 700) – A green building rating/certification system approved by the American National Standards Institute (ANSI), under which points can be earned for energy efficiency; water efficiency; resource efficiency; lot development; operation and maintenance; and indoor environmental quality.
OCCUPIABLE SPACE - A room or enclosed space designed for human occupancy in which individuals congregate for amusement, educational or similar purposes or in which occupants are engaged at labor, and which is equipped with means of egress and light and ventilation facilities meeting the requirements of the Building Code of New York State.
ON-SITE RENEWABLE ENERGY SYSTEM: a renewable energy system located on any of the following: a. The building b. The property upon which the building is located c. A property that shares a boundary with and is under the same ownership or control as the property on which the building is located d. A property that is under the same ownership or control as the property on which the building is located and is separated only by a public right-of-way from the property on which the building is located
PASSIVE HOUSE CERTIFICATION – A certification program for buildings, including commercial buildings, constructed to high-performance “passive building standards.”
PERFORMANCE-BASED COMPLIANCE PATH – Also known as WHOLE BUILDING PATH. A compliance path for the Ithaca Energy Code Supplement, under which a building must comply with specified standards of one of several certification programs and/or use modeling to show compliance.
PLUG LOAD - A device that is powered by means of an electrical plug and matching socket or receptacle. This excludes devices that are accounted for as part of major building end uses such as HVAC, lighting systems, and water heating.
PRESCRIPTIVE COMPLIANCE PATH – Also known as Easy Path. A compliance path for the Ithaca Energy Code Supplement, under which a certain number of points must be earned for the building to show compliance.
PROCESS ENERGY - Energy consumed in support of a manufacturing, industrial, commercial, research, or educational process other than space heating, ventilating, air conditioning, service water heating, plug loads, lighting, and appliances. Examples of process loads include commercial cooking, commercial refrigeration, energy used by machinery in manufacturing, energy used by medical equipment, emergency generators, and
energy used for agricultural needs. Examples of loads that are not considered process loads include electricity required for exhaust fans, heating and cooling for ventilation makeup air for any purpose including kitchen and lab hoods, and energy used for clothes drying.
REC: See Renewable Energy Credit (REC)
RENEWABLE ENERGY CREDIT (REC): a tradable instrument that represents the environmental attributes of one megawatt-hour of renewable electricity generation and is transacted separately from the electricity generated by the renewable energy source. Also known as REC, renewable energy certificate, energy attribute and energy attribute certificate.
RESIDENTIAL BUILDING – See also MIXED-USE BUILDING. Any building covered by the Residential Code of New York State, as well as any building that is classified in accordance with Chapter 3 of the Building Code of New York State in Group R-2, R-3, or R-4, including any residential building that has more than three stories above grade plane.
RESTAURANT – Any restaurant, fast food establishment, food production facility or tavern as those terms are used and defined in Section 325 of the City of Ithaca Code.
SERVICE WATER HEATING - Also known as domestic hot water heating. Supply of hot water for purposes other than comfort heating.
SPANDREL PANEL - The area of a curtain wall or screen located between vision areas of windows, which conceals structural building components such as columns, floors, HVAC equipment, and plumbing.
SPLIT SYSTEM - A heat pump or air conditioner in which one component is located outdoors and the other component(s) indoors, and which components are connected by refrigerant piping.
WHOLE BUILDING PATH – Also known as PERFORMANCE-BASED COMPLIANCE PATH. One possible compliance path for the Ithaca Energy Code Supplement, under which a building must comply with specified standards of one of several certification programs and/or use modeling to show compliance.
WINDOW-TO-WALL RATIO – The total area of exterior glazing (windows) in a building divided by the total area of the above-grade walls, expressed as a percentage.
WORK AREA – That portion or portions of a building consisting of all reconfigured spaces as indicated on the construction documents. Work area excludes other portions of the building where incidental work entailed by the intended work must be performed, and portions of the building where work not initially intended by the owner is specifically required by the provisions of the New York State Existing Building Code.
Chapter 4 COMMERCIAL BUILDING PROVISIONS
SECTION C401 GENERAL
C401.1 Scope The provisions in this chapter are applicable to COMMERCIAL BUILDINGS and MIXED-USE BUILDINGS where 50% or more of the heated floor area is commercial, their building sites, and associated systems and equipment.
C401.2 Application COMMERCIAL BUILDINGS shall comply with one of the following: 1. Prescriptive Compliance Path/Easy Path: The requirements of Section C402 a. As part of the application packet, the applicant shall submit a checklist and worksheet which the City shall use as the basis for verifying and showing compliance with the IECS. 2. Performance-based Compliance Path/Whole Building Path: The requirements of Section C403 a. As part of the application packet, the applicant shall submit the relevant documentation, which is detailed in C403, which the City shall use as the basis for verifying and showing compliance with the IECS.
Section C402 PRESCRIPTIVE COMPLIANCE PATH/EASY PATH
C402.1 General To meet the requirements of this section C402, a building must achieve a minimum of six (6) of the points described in this section. A summary table is provided in 402.6.
C402.2 Efficient Electrification (EE)
C402.2.1 EE1 Heat Pumps for Space Heating Two points shall be earned for using air source heat pumps or three points shall be earned for using ground source heat pumps, as described in C402.2.1.
C402.2.1.1 Only air source heat pumps or ground source heat pumps shall be used for all space-heating needs, with exceptions for electric resistance heating as described in section 402.2.1.4. A heating system that uses only ground source heat pumps (and electric resistance heating as allowed) shall earn three points. A heating system
that uses only air source heat pumps or uses a combination of air source and ground source heat pumps (and electric resistance heating as allowed) shall earn two points.
C402.2.1.2 Fossil fuels shall not be used for any space heating, space cooling or ventilation systems in the building, including backup heating systems. Water loop boiler/tower heat pumps that use fossil fuels shall not earn credit under this point.
C402.2.1.3 Except as stated in the second sentence of this provision C402.2.1.3, air source heat pumps shall be listed in the Northeast Energy Efficiency Partnerships (NEEP) Cold Climate Air Source Heat Pump Product List, for the product types and sizes covered. For any air source heat pump not covered by NEEP, the heat pump shall use a variable speed compressor(s) and the heat pump compressor(s) shall operate in temperatures below zero (0) degrees Fahrenheit (the compressor may be supplemented by electric resistance heat in accordance with the exceptions described in section 402.2.1.4).
C402.2.1.4 To allow flexibility, electric resistance heat is allowed for a portion of space heating needs. Applicants shall submit documentation showing that at least one of the following conditions is met. 1) Stand-alone electric resistance heating (not associated with heat pumps) is used to heat 10% or less of the building’s heated floor area. 2) Stand-alone electric resistance heating (not associated with heat pumps) is used to meet 10% or less of the building’s projected annual space heating load.
C402.2.2 EE2 Heat Pumps for Service Water Heating One point shall be earned for meeting the requirements of C402.2.2. Restrictions: This point may only be earned when all commercial portions of the building meet one of the following criteria. a) Are classified as hotel, restaurant, or inpatient healthcare b) Collectively use more than 40 gallons of water per square foot on an annual basis, as cited in the latest Commercial Buildings Energy Consumption Survey (CBECS) or comparable source
C402.2.2.1 All service water heating systems shall use heat pumps and shall not use fossil fuels. All heat pump water heaters shall be set on heat pump-only mode.
Exception: In commercial kitchens, booster heat units for dishwashing must be electric, but shall be exempt from the heat pump requirement. Units used to pre-heat water for dishwashing shall use heat pumps.
C402.2.3 EE3 Commercial Cooking Electrification Three points shall be earned for meeting the requirements of C402.2.3.
Restrictions: 1) Points may only be earned for buildings or portions thereof that are restaurants or other food service establishments that use a commercial kitchen hood, and 2) Points may only be earned if the building does not use fossil fuels, except for PROCESS ENERGY. For this point, PROCESS ENERGY shall exclude commercial cooking.
C402.2.3.1 All cooking equipment, including but not limited to ranges, griddles, and fryers, shall be electric.
C402.3 Affordability Improvements (AI):
C402.3.1 AI1 Smaller Building/Room Size One or two points may be earned according to the requirements below. Restrictions: a. This point may only be earned for Hotels. b. For additions, this point may only be earned if the applicant demonstrates IECS compliance for the addition together with the existing building. This point may not be earned when considering the addition independent of the existing building.
C402.3.1.1 For hotels, the average DIRECTLY HEATED FLOOR AREA of all guest rooms in the building shall not be greater than the maximum average guest room size listed in Table C402.3.1.1. Individual guest rooms may exceed the maximum size.
Table C402.3.1.1 Area Requirements for Hotels and Motels Maximum average guest room size 280 allowed to receive one point (SF) Maximum average guest room size 230 allowed to receive two points (SF)
C402.3.2 AI2 Heating System in Heated Space One point may be earned according to the requirements below.
C402.3.2.1 All components of heating systems shall be installed inside space that meets all the following criteria: 1) Inside the BUILDING THERMAL ENVELOPE 2) DIRECTLY HEATED SPACE 3) LIVABLE SPACE, OCCUPIABLE SPACE or contiguous to LIVABLE SPACE or OCCUPIABLE SPACE 4) On a building level where at least 50% of the FLOOR AREA is DIRECTLY HEATED FLOOR AREA
For purposes of this section, heating system includes all parts of the system except for exhaust components and dedicated air intake components, including but not limited to mechanical equipment and the distribution network. Examples of spaces that are not allowed for heating system installation include but are not limited to: unheated or unfinished basements and attics, crawl spaces, outdoors, roofs, and exterior wall cavities. Rooftop systems, window-mounted systems, and “through-the wall” equipment such as packaged terminal equipment shall not be used.
Exceptions: 1) Outdoor units of split system heat pumps may be located outdoors. 2) There are no limitations on the location of refrigerant piping.
C402.3.3 AI3 Efficient Building Shape One point may be earned according to the requirements below.
C402.3.3.1 The exterior surface area divided by the DIRECTLY HEATED FLOOR AREA shall be less than the maximum value provided in Table C402.3.3.1.
C402.3.3.2 The exterior surface area shall be measured along the above-grade portion(s) of the BUILDING THERMAL ENVELOPE, including but not limited to walls, roofs/ceilings (depending on the location of insulation), and exposed floors (such as those below a cantilever). The area of windows, doors, and skylights shall be included as part of the exterior surface area. The areas of the BUILDING THERMAL ENVELOPE between directly heated spaces and indirectly heated spaces or unheated spaces, such as the wall between a heated building and an attached unheated garage, shall be included as part of the exterior surface area.
C402.3.3.3 For additions, the area of the thermal envelope between directly heated space in the addition and directly heated space in the original building (including shared walls and, if the addition is above the original building, floors/ceilings) shall not be counted as part of the exterior surface area.
Table C402.3.3.1
Maximum Value of: Maximum Value of: Exterior Surface Area (SF) Exterior Surface Area (SF) Directly Heated divided by Directly Heated Directly Heated divided by Directly Heated Floor Area (SF) Floor Area (SF) Floor Area (SF) Floor Area (SF) 199 or less 4.69 3,000 - 3,999 1.60 200 - 299 3.88 4,000 - 4,999 1.48 300 - 399 3.45 5,000 - 5,999 1.39 400 - 499 3.17 6,000 - 6,999 1.31 500 - 599 2.98 7,000 - 7,999 1.25 600 - 699 2.83 8,000 - 8,999 1.19 700 - 799 2.71 9,000 - 9,999 1.15 800 - 899 2.68 10,000 - 14,999 1.05 900 - 999 2.57 15,000 - 19,999 0.94 1,000 - 1,099 2.47 20,000 - 29,999 0.84 1,100 - 1,199 2.38 30,000 - 39,999 0.75 1,200 - 1,299 2.31 40,000 - 49,999 0.68 1,300 - 1,399 2.24 50,000 - 59,999 0.64 1,400 - 1,499 2.18 60,000 - 69,999 0.61 1,500 - 1,599 2.13 70,000 - 79,999 0.58 1,600 - 1,699 2.08 80,000 - 89,999 0.55 1,700 - 1,799 2.04 90,000 - 99,999 0.53 1,800 - 1,899 2.00 100,000 - 199,999 0.46 1,900 - 1,999 1.96 200,000 - 299,999 0.39 2,000 - 2,499 1.86 300,000 - 399,999 0.35 2,500 - 2,999 1.74 400,000 or more 0.33
C402.3.4 AI4 Right Lighting One point may be earned according to the requirements below.
C402.3.4.1. Mixed-Use Buildings For mixed-use buildings classified as Commercial, the entire commercial portion and all common areas serving the residential portion (all areas outside of dwelling units, e.g. hallways, lobbies) shall comply with the requirements in this section. Lighting inside the dwelling units does not need to comply with the requirements in this section.
C402.3.4.2 Lighting Power Allowance The total connected interior lighting power shall not be greater than the interior lighting power allowance. The total connected interior lighting power shall be calculated using the method described in the Energy Conservation Construction Code of NYS. (Informative note: the method can be found in the 2020 ECCCNYS in section C405.3.1 Total Connected Interior Lighting Power.) The total interior lighting power allowance, in watts, shall be determined according to Table AA1 (Appendix A), for all areas of the building covered in this permit. The lighting power allowance shall be determined by multiplying the floor area of each space times the lighting power density (LPD) value for the space type in Table AA1 that most closely represents the proposed use of the
space, and then summing the lighting power allowances for all spaces to calculate the total interior lighting power allowance. Trade-offs among spaces are permitted. Construction documents shall include a table of space-by-space as-designed lighting power densities along with the lighting power allowances from Table AA1.
C402.3.4.3 Additional interior lighting power. An increase in the interior lighting power allowance is permitted for specific lighting functions. Additional power shall be permitted only where the specified lighting is installed and automatically controlled separately from the general lighting, to be turned off during non-business hours. This additional power shall be used only for the specified luminaires and shall not be used for any other purpose. An increase in the interior lighting power allowance is permitted in the following cases: 1. For lighting equipment to be installed in sales areas specifically to highlight merchandise, the additional lighting power shall be determined in accordance with Equation 4-1. Equation 4-1: Additional interior lighting power allowance = 250 watts + (Retail Area 1 * 0.3 W/ft2) + (Retail Area 2 * 0.3 W/ft2) + (Retail Area 3 * 0.7 W/ft2) + (Retail Area 4 * 1.3 W/ft2) Where: Retail Area 1 = The floor area for all products not listed in Retail Area 2, 3 or 4 Retail Area 2 = The floor area used for the sale of vehicles, sporting goods, and small electronics. Retail Area 3 = The floor area used for the sale of furniture, clothing, cosmetics, and artwork. Retail Area 4 = The floor area used for the sale of jewelry, crystal, and china.
Exception: Other merchandise categories are permitted to be included in Retail Areas 2 through 4, provided that justification documenting the need for additional lighting power based on visual inspection, contrast, or other critical display is approved by the code official.
2. For spaces in which lighting is specified to be installed in addition to the general lighting for the purpose of decorative appearance or for highlighting art or exhibits, provided that the additional lighting power shall be not more than 0.5 w/ft2 of such spaces.
C402.3.4.4 Lighting Controls Except where lighting is required to stay on by New York State or local code, motion sensors are required for interior lighting in the following space types: office, conference room, kitchenette, corridor, stairwell, restroom, lobby. Short off-delay (1 minute or less) is required for motion sensors. Manual control that allows lights to be kept off shall be provided. Except where lighting is required to stay on by New York State or local code, all exterior lighting shall be controlled by motion sensors, as well as photocells that ensure lighting stays off during daylight hours.
Exception: Lighting for signs is exempt from the requirements of C402.3.4.4
C402.3.4.5 Other Lighting Standards Exterior lighting shall comply with Dark Sky standards.
C402.3.4.6 Commissioning Commissioning of lighting and lighting controls is required. A commissioning plan shall be developed by a DESIGN PROFESSIONAL or an ENERGY PROFESSIONAL or approved agency (as defined in the state energy code) and shall include the following items: 1. A narrative description of the activities that will be accomplished during each phase of commissioning, including the personnel intended to accomplish each of the activities. 2. A listing of specific lighting and controls to be tested and a description of the tests to be performed. 3. Functions to be tested, including but not limited to, lighting power density (to show compliance with lighting power allowance requirements) and control settings. 4. Conditions under which the tests will be performed. 5. Measurable criteria for performance. The DESIGN PROFESSIONAL or ENERGY PROFESSIONAL shall execute the commissioning plan. A commissioning report, consistent with the commissioning plan, shall be submitted prior to the Certificate of Occupancy being issued.
C402.3.5 AI5 Modest Window-to-Wall Ratio One point may be earned according to the requirements below.
C402.3.5.1 The vertical fenestration area, not including opaque doors and opaque spandrel panels, shall be not greater than 20 percent of the gross above-grade wall area.
C402.3.5.2 For additions, the area of above-grade walls that were part of the building thermal envelope of the original building but are not part of the building thermal envelope of the new building shall be counted towards the above-grade wall area of the addition.
C402.4 Renewable Energy (RE):
C402.4.1 RE1 Renewable Energy Systems Up to three points may be earned according to the requirements below.
C402.4.1.1 Points available On-site and off-site renewable energy systems that meet the requirements of this section shall earn up to three points based on their annual electrical or thermal energy production. Multiple renewable energy systems may be used to earn points, but no more than three total points may be earned for any combination of renewable energy systems.
C402.4.1.2 Determining the number of points earned The number of points earned shall be determined according to the steps below. The applicant shall submit documentation of all related assumptions and calculations.
Step 1: Calculate Renewable Energy Production The Renewable Energy Production (REP) is the projected annual energy production of the renewable energy system, expressed in kilowatt-hours per year (kWh/yr). For thermal systems, the conversion 1 kWh = 3.412 kBtu shall be used. Step 2: Calculate the Number of Points Earned The number of points earned for a renewable energy system is based on the directly heated floor area of the building it serves. Points shall be earned based on a weighted average related to residential and commercial floor area, as described in Equation 4-2. For purposes of this section C402.4.1, residential space shall include dwelling units and common areas that only serve dwelling units.
Equation 4-2: Minimum Renewable Energy Production needed to earn each point = (1.2 kWh/ft2 x RA) + (2.4 kWh/ft2 x CA) CA = Directly heated floor area of Commercial space (ft2) RA = Directly heated floor area of Residential space (ft2) Note: For buildings that have no residential space, set RA equal to zero. For buildings that have no commercial space, set CA equal to zero.
Example Calculation - for informational purposes only Assumptions: Mixed-use building with 2,000 ft2 of residential directly heated floor area and 5,000 ft2 of commercial directly heated floor area. A 25 kW solar array is being used.
Step 1: Using the PVWatts Calculator, it is projected that the 25 kW solar array will produce 30,000 kWh/year. Renewable Energy Production is 30,000 kWh/year
Step 2: Using Equation 4-2: Minimum REP needed for each point = (1.2 kWh/ft2 x RA) + (2.4 kWh/ft2 x CA) Minimum REP needed for each point = (1.2 kWh/ft2 x 2,000 ft2) + (2.4 kWh/ft2 x 5,000 ft2) Minimum REP needed for each point = 2,400 kWh + 12,000 kWh Minimum REP needed for each point = 14,400 kWh
Using the assumptions for this building and renewable energy system, two (2) points may be earned.
C402.4.1.3 Energy Sources Renewable energy systems shall produce electricity from solar, wind, or hydropower resources, or produce thermal energy from solar, geothermal, or hydrothermal resources. Thermal energy absorbed from or rejected to outdoor air/ground/water and used in conjunction with heat pumps does not count as renewable energy for the purposes of this section. Hydropower shall be from new generation capacity on a nonimpoundment or new generation capacity on an existing impoundment. Hydropower shall meet one of the following conditions: a. The hydropower facility complies with the Low Impact Hydropower Certification Handbook and is certified by a nationally recognized accreditation organization.
b. The hydropower facility complies with UL 2854 and is certified by an organization that has the standard in its ISO 17065 scope of accreditation. c. The hydropower facility consists of a turbine in a pipeline or a turbine in an irrigation canal. For facilities falling under condition (a) or (b), only output generated during the period of certification is eligible for RECs sale in accordance with the provisions of this section. Renewables from new impoundments of water are not eligible.
C402.4.1.4 Qualifying Renewable Energy Systems Renewable energy systems producing electricity or thermal energy that is delivered to or credited to the building to comply with Section C402.4.1 shall meet the following requirements:
a. Renewable energy systems shall satisfy one of the following criteria: 1. ON-SITE RENEWABLE ENERGY SYSTEM i. Self-generation ii. Purchase Contract such as a Power Purchase Agreement 2. Off-site renewable energy system i. Self-generation (an off-site renewable energy system owned by the building owner) ii. COMMUNITY RENEWABLE ENERGY FACILITY iii. Purchase Contract such as a Power Purchase Agreement
a. The renewable energy system shall be located in New York Independent System Operator (NYISO) territory and shall be located where the energy can be delivered to the building site by any of the following: 1. Direct connection to the renewable energy system 2. The local utility or distribution entity 3. An interconnected electrical network where energy delivery capacity between the generator and the building site is available (Informative Note: Examples of interconnected electrical networks include regional power pools and regions served by Independent System Operators or Regional Transmission Organizations.)
b. The renewable energy system must have commenced operation on or after January 1, 2015 and before the date the certificate of occupancy for the building is issued.
Exception to C402.4.1.4 (c) If the building owner can provide evidence that, for the duration of the planning process, it has made a good faith effort to have the renewable energy system constructed and operational by the time of certificate of occupancy, and due to circumstances out of the control of or not otherwise due to any negligence or willful misconduct on behalf of the building owner, the renewable energy system is not constructed or is not operational, then the building owner shall be allowed up to one year after the certificate of occupancy is issued to meet C402.4.1.4 (c).
d. Where the renewable energy system ceases operation, or the owner cannot legally claim the associated energy or RECs for any reason, the building owner shall produce or procure alternative qualifying renewable energy in an amount equal to or greater than the amount needed to earn the same number of points under the requirements of C402.4.1.2.
C402.4.1.5 Reporting and Documentation a. The building owner shall submit documentation of renewable energy system ownership or renewable energy procurement. Records on power and thermal energy produced or purchased by the building owner from the renewable energy producer shall be retained by the building owner on behalf of the entity demonstrating financial or operational control over the building seeking compliance to this standard and submitted to the Code Enforcement Officer on an annual basis for no less than 15 years.
b. For systems generating electricity, documentation shall be provided to the CODE ENFORCEMENT OFFICER that indicates an exclusive chain of custody and ownership of the RECs from the renewable energy system to the building owner, on an annual basis for no less than 15 years. RECs supplied from the renewable energy system shall be conveyed to and retired on behalf of the entity who has financial or operational control over the building's electricity consumption. The annual generation vintage date of delivered RECs shall be allocated to the same 12-month reporting year, up to six months prior, or up to three months after the calendar year in which the electricity is used in the building.
Exceptions to C402.4.1.5 (b) 1) If the total capacity of all renewable energy systems being used to earn points under C402.4.1 is less than 25 kW, the requirements of C402.4.1.5(b) shall be waived.
2) Where the building owner cannot provide documentation on the chain of custody or ownership of the RECs from the renewable energy system, the building owner shall provide documentation to the CODE ENFORCEMENT OFFICER of an alternate supply contract for replacement RECs from an alternate renewable energy source. The quantity of RECs contracted for shall be equal to or greater than the amount needed to earn the desired number of points under the requirements of C402.4.1.2. These RECs shall comply with the Green-e® Renewable Energy Standard for Canada and the United States (latest edition) and shall be conveyed to and retired on behalf of the entity who has financial or operational control over the building's electricity consumption.
c. Electricity, thermal energy and RECs from renewable energy systems may not be counted more than once for purposes of demonstrating compliance with this section C402.4.1. The reporting and documentation required in C402.4.1.4 shall clearly state how the energy and RECs are allocated to specific buildings. The City may request additional documentation to provide reasonable proof of ownership/procurement, and fulfillment of RECS and allocation requirements.
d. In the case of full or partial transfer of ownership of the building, the following must be provided: proof of transfer of ownership; a signed statement from the new owner stating they understand the requirements of this section C402.4.1 and the duty to fulfill them; and contact information for the person(s) responsible for submitting annual reporting.
C402.4.1.6 Penalties for non-compliance If a building uses this section C402.4.1 for compliance with the IECS and, for any reason, the requirements of this section are not met in full, as determined by a Code Enforcement Officer, the City may impose a fine in accordance with Code Section 146-59 for each day the building remains out of compliance. In no instance shall the applicable 15-year energy production and allocation requirements, the 15-year RECs requirements, or other requirements detailed in this section C402.4.1 be shortened or waived.
C402.4.2 RE2 Biomass Space Heating Three points may be earned according to the requirements below.
C402.4.2.1 Only biomass systems shall be used for all space-heating needs, with exceptions for electric resistance heating as described in C402.4.2.4.
C402.4.2.2 Fossil fuels shall not be used for any space heating, space cooling or ventilation systems in the building, including backup heating systems.
C402.4.2.3 All biomass equipment must comply with the NYSERDA Renewable Heat NY program guidelines, available at www.nyserda.ny.gov/All-Programs/Programs/Renewable-Heat-NY.
C402.4.2.4 To allow flexibility, electric resistance heat is allowed for a portion of space heating needs. Applicants shall submit documentation showing that at least one of the following conditions is met. 1) Stand-alone electric resistance heating is used to heat 10% or less of the building’s heated floor area. 2) Stand-alone electric resistance heating is used to meet 10% or less of the building’s projected annual space heating load.
C402.5 Other Points (OP):
C402.5.1 OP1 Development Density One point may be earned according to the requirements below. Restrictions: A maximum of two points total may be earned for points OP1 Development Density, OP2 Walkability, and OP3 Electric Vehicle Parking Spaces combined.
C402.5.1.1 One point shall be earned if (DU + CA) > (7 x Acreage), where: DU = the number of all Residential dwelling units on the entire parcel occupied by the building CA = the floor area of all Commercial space, measured in units of 1,000 square feet, on the entire parcel occupied by the building Acreage = the land area, measured in acres, of the entire parcel occupied by the building.
C402.5.1.2 DU shall include all dwelling units on the parcel occupied by the building, including those in existing buildings. CA shall include all Commercial space on the parcel occupied by the building, including that in existing buildings. CA shall not include common areas serving only dwelling units or other Residential space. Acreage shall include all land area on the parcel occupied by the building.
Example Calculation - for informational purposes only Mixed Use Development Residential units: 12 apartments DU = 12 Commercial space: 10,000 sq ft CA = 10 Parcel acreage: 1.5 acres Acreage = 1.5
DU + CA = 12 + 10 = 22 7 x Acreage = 7 x 1.5 = 10.5 22 > 10.5 1 point may be earned.
C402.5.2 OP2 Walkability One point may be earned according to the requirements below. Restrictions: A maximum of two points total may be earned for points OP1 Development Density, OP2 Walkability, and OP3 Electric Vehicle Parking Spaces combined.
C402.5.2.1 This point shall be earned when the following condition is met, in addition to the other requirements in this section C402.5.2. 1) The building is within one quarter (0.25) mile of at least five of the Neighborhood Amenity Types listed in Table C402.5.2.1. a. No single Amenity Type shall be counted more than twice, even when more than two examples of the Amenity Type exist. For example, a building on Aurora Street’s “Restaurant Row” could count two restaurants maximum. b. At least two Amenity Categories shall be represented. c. The one quarter mile measurement(s) may be taken from any part(s) of the building.
C402.5.2.2
For all buildings, at the time of project completion, sidewalks, walkways and/or trails must be present on the property and connect to an existing network of pedestrian infrastructure.
Table C402.5.2.1 Neighborhood Amenity Types and Categories
Amenity Category Amenity Type Food retail Supermarket Grocery with produce section
Community-serving retail Convenience store Farmers market Hardware store Pharmacy Other retail
Services Bank Family entertainment venue (e.g., theater, sports) Gym, health club, exercise studio Hair care Laundry, dry cleaner Restaurant, café, diner (excluding those with only drive- thru service)
Civic and community facilities Adult or senior care (licensed) Child care (licensed) Community or recreation center Cultural arts facility (museum, performing arts) Education facility (e.g., K–12 school, university, adult education center, vocational school, community college) Government office that serves public on-site Medical facility that treats patients Place of worship Post office Public library Public park Social services center
C402.5.3 OP3 Electric Vehicle Parking Spaces One point may be earned for installing electric vehicle parking space(s) and related infrastructure that meet the requirements of this section. Restrictions: A maximum of two points total may be earned for points OP1 Development Density, OP2 Walkability, and OP3 Electric Vehicle Parking Spaces combined.
C402.5.3.1 Required Number of EV Parking Spaces The number of required EV parking spaces shall be determined using Table C402.5.3.1(1), based on the number of Residential Dwelling Units (DU) and the area of Commercial space (CA). DU = the number of Residential dwelling units in the building. CA = the area of all Commercial space, measured in units of 1,000 square feet, in the building. CA shall not include common areas serving only dwelling units or other portions of Residential space. When determining the total number of required spaces in mixed-use buildings, EV space requirements for Residential Dwelling Units and for Commercial space shall be calculated separately and summed.
Table C402.5.3.1 (1) Required Number of Electric Vehicle Parking Spaces Residential Buildings Commercial Buildings Number of EV Number of EV Number of Area in units of 1,000 Sq. Spaces Required for Spaces Required for Dwelling Units (DU) Ft (CA) Residential Portion (SR) Commercial portion (SC) 1 to 6 1 5 2 7 to 13 2 10 3 14 to 20 3 15 5 21 to 24 4 20 6 25 to 30 5 25 7 31 to 38 6 30 9 39 to 46 7 35 10 47 to 53 8 40 12
For up to 25 Dwelling Units, use table. The numbers listed above are examples. For 26 or more Dwelling Units: For all building sizes use the equation: SR = (0.13 x DU) + 1 SC = 0.28 x CA
Complete Residential and Commercial calculations Complete Residential and Commercial calculations separately, add results, and round up to nearest separately, add results, and round up to nearest whole number: whole number. SR + SC = ST (Total EV Parking Spaces) SR + SC = ST (Total EV Parking Spaces)
Table C402.5.3.1 (2) Sample Calculation for required number of EV Parking Spaces
Sample Calculation 44,300 sq ft mixed-use building. 26 Dwelling Units (DU) and 6,000 sq ft Commercial Area (CA)
SR = (0.13 x 26) + 1 SR = 3.4 + 1 = 4.4 4.4 EV spaces are required for Residential portion
SC = 0.28 x 6 SC = 1.7 1.7 EV spaces are required for Commercial portion
ST = SR + SC rounded up ST = 4.4 + 1.7 = 6.1, round up 7 EV spaces are required for the building to earn a point.
C402.5.3.2 The requirements for this point as set forth here and in Table C402.6 are NOT intended to override or supplant existing zoning code provisions regarding parking requirements. To the extent that zoning permissible parking spaces cannot be accommodated on the building site, the building must seek off-site spaces in accordance with the provisions of this point and applicable zoning laws.
C402.5.3.3 All Electric Vehicle Parking Spaces shall be located on the same parcel as the building, in the same parking facilities as those used by one or more of the following target user groups: customers/clients; employees; and fleet vehicles. If no parking facilities exist on the same parcel, and off-site parking facilities do exist for one or more of the user groups, then EV parking spaces may be installed in those off-site parking facilities. Off-site parking must be within 0.25 miles of the building.
C402.5.3.4 All Electric Vehicle Parking Spaces shall be served by a dedicated Electric Vehicle Charging port. Electric Vehicle Charging Stations may have any number of ports.
C402.5.3.5 At least one Accessible Electric Vehicle parking space is required in any parking facility that includes more than 10 Electric Vehicle parking spaces. Any parking facility with more than 50 Electric Vehicle parking spaces must provide at least two Accessible Electric Vehicle parking spaces. The associated space(s) are not required to be designated only for accessible parking, as defined by the Building Code of NYS, but must meet all other accessibility requirements contained in New York State law.
C402.5.3.6 All buildings must install Level 2 EV charging stations that operate on a 240-volt AC circuit and/or Direct Current Fast Chargers.
C402.5.3.7 Electric vehicle charging spaces shall be provided with a dedicated branch circuit, raceways, and all other electric vehicle charging equipment. The branch circuit shall be identified for electric vehicle service in the service panel or subpanel directory. Electrical room(s) serving areas with EV parking spaces shall be designed to accommodate the electrical equipment and distribution required to serve all of the electric vehicle charging stations.
C402.5.3.8 Electric vehicle charging station equipment shall be maintained in all respects, including the functioning of the charging equipment. A phone number or other contact information shall be provided on the charging station equipment for reporting when the equipment is not functioning, or other problems are encountered.
C402.5.3.9 The Electric Vehicle Charging Station, including the charging cord, shall be installed so as to not interfere with pedestrian walkways at any time.
C402.5.3.10 Except for Accessible EV parking spaces, each EV parking space shall be posted with signage indicating that the space is only to be used for electric vehicle charging purposes. Days and hours of operations and any other restrictions on use of the parking space shall be included if time limits or tow-away provisions are to be enforced.
C402.5.4 OP4 Adaptive Reuse One point may be earned according to the requirements below.
C402.5.4.1 The building must maintain 50% or more of the existing building structure and building thermal envelope, based on measurement of the surface area. The existing building structure must be retained in place and re-purposed for a different permitted use (for example, when an old school is adapted for use as apartments). A major renovation of a building and re-use for the same purpose shall not be eligible for this point.
C402.5.5 OP5 NY Stretch Code One point may be earned according to the requirements below.
C402.5.5.1 The building shall comply with all requirements of the NYStretch Energy Code - 2020 Version 1.0, which is available at: www.nyserda.ny.gov/All-Programs/Programs/Energy-Code-Training/NYStretch-Energy-Code-2020
C402.5.6 OP6 Custom Energy Improvement Up to two points may be earned according to the requirements below.
C402.5.6.1
To earn one point, both of the following conditions must be met: 1. Reduce energy use by 1.2 kWh/SF/year or 4.1 kbtu/SF/year for all residential HEATED FLOOR AREA in the building. 2. Reduce energy use by 2.4 kWh/SF/year or 8.2 kbtu/SF/year for all commercial HEATED FLOOR AREA in the building.
C402.5.6.2 To earn two points, both of the following conditions must be met: 1. Reduce energy use by 2.4 kWh/SF/year or 8.2 kbtu/SF/year for all residential HEATED FLOOR AREA in the building. 2. Reduce energy use by 4.8 kWh/SF/year or 16.4 kbtu/SF/year for all commercial HEATED FLOOR AREA in the building.
C402.5.6.3 Multiple improvements may be combined to achieve each point under this improvement. Improvements may be made anywhere in the building as long as they meet the thresholds of energy use reduction. The proposed energy improvement(s) shall be submitted to the Code Enforcement Officer in writing, signed by the DESIGN PROFESSIONAL or ENERGY PROFESSIONAL. Energy reduction must be shown through energy analysis performed by a DESIGN PROFESSIONAL or ENERGY PROFESSIONAL. Simplified calculations (e.g., spreadsheet) are acceptable.
C402.5.6.4 For a baseline, use the 2016 Energy Conservation Construction Code of New York State. If the baseline condition is not addressed by the ECCCNYS, use baseline conditions as defined in Appendix G of ASHRAE Standard 90.1- 2013.
C402.5.6.5 Production of renewable energy shall not count toward energy reduction. Energy reduction must be calculated after applying all other proposed energy improvements to the proposed design. In other words, interactive energy savings must be performed. Savings cannot be taken for improvements made with other points, such as right-lighting or the NY Stretch Energy Code.
C402.6 Summary Table for Prescriptive Compliance Path / Easy Path The following Table C402.6 is a summary of the Prescriptive Compliance Path / Easy Path for commercial buildings. This is a summary for informational purposes only. To earn points, all applicable requirements in sections C402.1, C402.2, C402.3, C402.4 and C402.5 must be met. In case of discrepancies between Table C402.6 and the requirements in sections C402.1, C402.2, C402.3, C402.4 and C402.5, the latter shall hold precedence.
Table C402.6
Commercial Compliance Summary for Easy Path/Prescriptive Path Projects must earn at least six points Cate- Improvement Points Details gory EFFICIENT ELECTRIFICATION Heat pumps for space 2 points for air source heat pumps. EE1 2 - 3 heating 3 points for ground source heat pumps. Heat pumps for domestic hot 1 point for water heating systems that use heat pumps. Available EE2 1 water heating to hotels and restaurants only. 3 points for electric cooking equipment in restaurants and other Commercial cooking EE3 3 food service buildings. Prerequisite: no fossil fuel use in the electrification building.
AFFORDABILITY IMPROVEMENTS Up to 2 points for smaller room sizes. Available for Hotel and AI1 Smaller building/room size 1 - 2 Residential portions only. Heating systems in heated AI2 1 1 point for installing heating systems in directly heated spaces. space 1 point if exterior surface area divided by directly heated floor AI3 Efficient building shape 1 area is less than the maximum allowed value. 1 point for reducing overlighting and implementing other AI4 Right-lighting 1 lighting improvements. Modest window-to-wall 1 point for overall window-to-wall ratio less than 20% AI5 1 ratio (individual spaces may exceed 20%). RENEWABLE ENERGY Up to 3 points for on-site or off-site renewable electric systems RE1 Renewable energy systems 1 - 3 or on-site renewable thermal systems. RE2 Biomass systems 3 3 points for biomass space heating systems. OTHER POINTS 1 point for achieving sufficient development density on the OP1 Development density 1 building parcel. A maximum of two points total may be earned for points OP1, OP2, and OP3 combined. 1 point if the building meets the walkability criteria. A OP2 Walkability 1 maximum of two points total may be earned for points OP1, OP2, and OP3 combined. 1 point for installing electric vehicle parking spaces and related Electric Vehicle Parking OP3 1 infrastructure. A maximum of two points total may be earned for Spaces points OP1, OP2, and OP3 combined. OP4 Adaptive reuse 1 1 point for substantial re-purpose of existing building. OP5 Meet NY Stretch Code 1 1 point for complying with NYStretch Energy Code
OP6 Custom energy improvement 1 - 2 Up to 2 points for reduction in energy use.
SECTION C403 PERFORMANCE-BASED COMPLIANCE PATH/WHOLE BUILDING PATH
C403.1 General To meet the requirements of this section C403, a BUILDING must comply with any one of the high-performance building approaches described in C403.2, C403.3, C403.4, and C403.5.
C403.2 LEED-based and Energy Calculation-based Compliance C403.2.1 Buildings shall comply with one of the following: 1. Using LEED v4 for Building Design + Construction, the building shall earn no less than 17 LEED points total in the Optimize Energy Performance credit and the Renewable Energy Production credit of the Energy and Atmosphere section. a. LEED certification is not necessary. b. Renewable energy generation that meets all applicable requirements for renewable energy systems described in C402.4.1 may be used to meet the requirements of the Renewable Energy Production credit. 2. Demonstrate 40% savings relative to ASHRAE Standard 90.1-2013, using the energy cost budget method OR Demonstrate 46% savings relative to ASHRAE Standard 90.1-2010, using the energy cost budget method. a. Renewable energy generation may be used. All applicable requirements for renewable energy systems described in C402.4.1 must be met. Renewable energy generation used to achieve the 40%/46% savings is capped at 25% of the baseline energy use. b. The energy cost reduction assessment and requirement shall exclude energy use by PROCESS LOADS. However, the energy model shall include the energy used for PROCESS LOADS because energy used by heating, cooling, and ventilation (including exhaust fans/hoods, makeup air fans, and heating/cooling for makeup air) is subject to the energy cost reduction requirement. After the baseline and proposed energy models are run, for the energy cost reduction calculation, subtract out the process energy use from both the baseline and the proposed building energy model results, and use the resulting without-process-energy results for the energy cost calculations.
C403.2.2 Documentation shall include either: 1. Design approval by Green Business Certification Inc.TM (GBCI), through the Split Review process, that shows the building is eligible to receive no less than 17 LEED points as described in C403.2.1 (1). OR both of the following: 2. Complete input and output reports of the energy model showing that the energy model meets the requirements of this section C403
3. Approval of the energy model by NYSERDA, U.S. DOE, Energize NY, or another agency approved by the Code Enforcement Officer.
C403.3 Passive House-based Compliance C403.3.1 Buildings shall meet the design requirements of one of the following. 1. PHIUS+ Passive Building Standard from Passive House Institute US 2. Passive House Classic Standard from Passive House Institute Actual certification is not required. The most recent version of the chosen standard in effect at the time of building permit application shall be used.
C403.3.2 Documentation shall include at least one of the following: 1. Pre-certification letter (or other formal communication) from an Accredited Passive House Certifier, stating that Design Review has been completed and the building is designed to meet all requirements of the chosen Standard. All documentation used to show achievement of the requirements must be submitted to the Code Enforcement Officer. 2. Documentation of Passive House certification. All documentation used to achieve certification must be submitted to the Code Enforcement Officer.
C403.4 Greenhouse Gas Emissions Calculation-based Compliance The building shall demonstrate a reduction in greenhouse gas (GHG) emissions of not less than 40% as compared to the baseline building.
C403.4.1 Energy Modeling Standards GHG emissions reductions shall be shown through energy modeling that complies with Appendix G of ASHRAE Standard 90.1-2013.
C403.4.2 Process Loads The GHG emissions reduction assessment and requirement shall exclude energy use by PROCESS LOADS. However, the energy model shall include the energy used for PROCESS LOADS because energy used by heating, cooling, and ventilation (including exhaust fans/hoods, makeup air fans, and heating/cooling for makeup air) is subject to the GHG emissions reduction requirement. After the baseline and proposed energy models are run, for the GHG emissions reduction calculation, subtract out the process energy use from both the baseline and the proposed building energy model results, and use the resulting without-process-energy results for the GHG emissions calculations.
C403.4.3 Renewable Energy Renewable energy generation may be used. All applicable requirements for renewable energy systems described in C402.4.1 must be met. Renewable energy generation used to achieve the 40% reduction in GHG
emissions is capped at 25% of the baseline energy use. The GHG emissions factor for electricity produced by renewable energy systems shall be 0 (zero) lb CO2e/MWh.
C403.4.4 GHG Emissions Factor for Electricity For buildings not served by combined heat and power plants, the GHG emissions factor for electricity used for all calculations shall be 548.37 lb CO2e/MWh.
C403.4.5 GHG Emissions Factor for Electricity for Buildings Served by Combined Heat and Power Plants For buildings using electricity generated by combined heat and power (CHP) plants, the GHG emissions factor for electricity shall be determined in one of the following ways: a. The most recent heat rate data available at the time of building permit application shall be used from www.eia.gov/electricity/annual/html/epa_08_02.html, for the specific type of generation plant used, for electricity to be used in the proposed building, and the heat rate shall be multiplied by the EPA emissions factor for the fuel used at the CHP plant. The result shall be used as the GHG emissions factor for electricity from CHP plants. b. Data gathered from actual operation of the CHP plant and its distribution network shall be used to determine the site-specific GHG emissions factor for electricity to be used in the building. All data used shall be made publicly available before the time of building permit application.
For buildings served by CHP plants, the baseline (reference building) electricity use GHG emissions factor shall be the same as for buildings not served by a CHP plant.
C403.4.6 If a facility uses electricity from a combination of sources (e.g., utility, off-site renewable energy system, and CHP plant), a weighted average of GHG emissions factors shall be used.
C403.4.7 Documentation The following documentation shall be submitted to show compliance with C403.4 in sufficient clarity and detail: 1. A report, signed and stamped by an accredited third-party ENERGY PROFESSIONAL, showing the results of all calculations, assumptions, inputs, and outputs for the energy model 2. A letter, signed and stamped by an accredited third-party ENERGY PROFESSIONAL, stating that proposed total GHG emissions for the building are at least 40% less than the GHG emissions of the baseline building. 3. The City reserves the right to require additional documentation and/or additional third-party review and analysis by a consultant selected by the City, at the expense of the applicant. All such documentation shall be submitted and fee shall be paid prior to issuance of a building permit.
C403.5 Greenhouse Gas Emissions Calculation-based Compliance for Additions Compliance using the requirements of this provision C403.5 may only be used for additions that are showing compliance together with the existing building. See also 202.2.
C403.5.1 The addition and the existing building, together as a whole, shall be shown to have lower total GHG emissions than the original existing building.
C403.5.2 Current and proposed GHG emissions shall be calculated following the requirements of the GHG emissions Calculation Method (C403.4).
C403.5.3 Documentation The following documentation shall be submitted to show compliance with C403.5 in sufficient clarity and detail: 1. An energy study of the existing building that includes energy use from at least 12 consecutive months of the most recent 24 months at the time of building permit application. 2. An energy study that shows anticipated energy use for the new addition and modified existing building. 3. A report, signed and stamped by an accredited ENERGY PROFESSIONAL, showing the results of all calculations, assumptions, inputs, and outputs for the energy model, and 4. A letter, signed and stamped by an accredited third-party ENERGY PROFESSIONAL, stating that proposed total GHG emissions for the building and addition together are less than the GHG emissions for the existing building. 5. The City reserves the right to require additional documentation and/or additional third-party review and analysis by a consultant selected by the City, at the expense of the applicant. All such documentation shall be submitted and fee shall be paid prior to issuance of a building permit.
SECTION C404 FUTURE REQUIREMENTS C404.1 General On January 1, 2023, the requirements of Sections C402 and C403 shall change as described in C404.2, C404.3, C404.4, and C404.6. Where no changes are listed, the requirements shall remain as described in Sections C402 and C403.
On January 1, 2026, the requirements of Sections C401, C402 and C403 shall change as described in C404.7. Where no changes are listed, the requirements shall remain as described in Sections C401, C402 and C403.
C404.2 Changes in 2023 to General Requirements of Prescriptive Compliance Path/Easy Path Effective January 1, 2023, to meet the requirements of section C402, a building must achieve a minimum of twelve (12) of the points described in section C402. A summary table is provided in C404.5
C404.3 Changes in 2023 to Efficient Electrification Points Effective January 1, 2023, all points awarded from C402.2 Efficient Electrification shall be doubled.
C404.3.1 Four points shall be earned for using air source heat pumps and meeting the requirements of C402.2.1 - Heat Pumps for Space Heating. Six points shall be earned for using ground source heat pumps and meeting the requirements of C402.2.1 - Heat Pumps for Space Heating.
C404.3.2 Two points shall be earned for meeting the requirements of C402.2.2 EE2 - Heat Pumps for Service Water Heating.
C404.3.3 Six points shall be earned for meeting the requirements of C402.2.3 EE3 - Commercial Cooking Electrification.
C404.4 Changes in 2023 to RE1 Renewable Energy Systems Effective January 1, 2023, the maximum number of points allowed under 402.4.1 RE1 Renewable Energy Systems shall increase to six (6) points. The criteria for earning points shall remain as described in C402.4.1.
C404.5 Changes in 2023 to Summary Table for Prescriptive Compliance Path/Easy Path Commercial Compliance Summary for Easy Path/Prescriptive Path Projects must earn at least 12 points Cate- Improvement Points Details gory EFFICIENT ELECTRIFICATION Heat pumps for space 4 points for air source heat pumps. EE1 4 - 6 heating 6 points for ground source heat pumps. Heat pumps for domestic hot 2 point for water heating systems that use heat pumps. Available EE2 2 water heating to hotels and restaurants only. 6 points for electric cooking equipment in restaurants and other Commercial cooking EE3 6 food service buildings. Prerequisite: no fossil fuel use in the electrification building.
AFFORDABILITY IMPROVEMENTS Up to 2 points for smaller room sizes. Available for Hotel and AI1 Smaller building/room size 1 - 2 Residential portions only. Heating systems in heated AI2 1 1 point for installing heating systems in directly heated spaces. space 1 point if exterior surface area divided by directly heated floor AI3 Efficient building shape 1 area is less than the maximum allowed value. 1 point for reducing overlighting and implementing other AI4 Right-lighting 1 lighting improvements. Modest window-to-wall 1 point for overall window-to-wall ratio less than 20% AI5 1 ratio (individual spaces may exceed 20%). RENEWABLE ENERGY Up to 6 points for on-site or off-site renewable electric systems RE1 Renewable energy systems 1 - 6 or on-site renewable thermal systems. RE2 Biomass systems 3 3 points for biomass space heating systems. OTHER POINTS 1 point for achieving sufficient development density on the OP1 Development density 1 building parcel. A maximum of two points total may be earned for points OP1, OP2, and OP3 combined. 1 point if the building meets the walkability criteria. A OP2 Walkability 1 maximum of two points total may be earned for points OP1, OP2, and OP3 combined. 1 point for installing electric vehicle parking spaces and related Electric Vehicle Parking OP3 1 infrastructure. A maximum of two points total may be earned for Spaces points OP1, OP2, and OP3 combined. OP4 Adaptive reuse 1 1 point for substantial re-purpose of existing building. OP5 Meet NY Stretch Code 1 1 point for complying with NYStretch Energy Code
OP6 Custom energy improvement 1 - 2 Up to 2 points for reduction in energy use.
C404.6 Changes in 2023 to Performance-Based Compliance Path/Whole Building Path Effective January 1, 2023, the requirements of Section C403 Performance-Based Compliance Path/Whole Building Path shall change as described in C404.6.1, and C404.6.2. Where no changes are listed, the requirements shall remain as described in Section C403.
C404.6.1 Changes to LEED-based and Energy Calculation-based compliance Effective January 1, 2023: 1. Compliance method 1 (LEED points): In addition to all existing requirements, seven IECS points from Section C402 Prescriptive Compliance Path/Easy Path must be earned. Points from AI4 Right-Lighting and OP5 Meet NY Stretch Code may not be counted toward the seven IECS points. 2. Compliance method 2 (savings relative to ASHRAE 90.1-2013): An 80% savings relative to ASHRAE Standard 90.1-2013 shall be required. a. Renewable energy generation used to achieve the savings shall be capped at 50% of the baseline energy use. 3. Compliance method 3 (savings relative to ASHRAE 90.1-2010): A 92% savings relative to ASHRAE Standard 90.1-2010 shall be required. a. Renewable energy generation used to achieve the savings shall be capped at 50% of the baseline energy use.
C404.6.2 Changes to Greenhouse Gas Emissions Calculation-based Compliance Effective January 1, 2023, the building shall demonstrate a reduction in greenhouse gas (GHG) emissions of not less than 80% as compared to the baseline building.
C404.6.2.1 Renewable energy generation used to achieve the 80% reduction in GHG emissions is capped at 50% of the baseline energy use.
C404.6.2.2 For buildings not served by combined heat and power plants or renewable energy systems, the GHG emissions factor for electricity used for all calculations shall be 295.9 lb CO2e/MWh.
C404.7 Changes in 2026 Effective January 1, 2026, all buildings shall be built to have net-zero GHG emissions and shall not use fossil fuels for space heating, water heating, or clothes drying.
C404.7.1 The language in C401.2 Application shall be replaced with:
COMMERCIAL BUILDINGS shall comply with the requirements of the ZERO Code, using the most recent version of the ZERO Code available at the time of permit application. The ZERO Code, an Architecture 2026 initiative, is available at https://zero-code.org.
An IECS Compliance Plan shall be the basis for evaluating compliance.
C404.7.2 Fossil fuels shall not be used for space heating, water heating or clothes drying. Fossil fuels may be used for PROCESS ENERGY and for cooking.
Chapter 5 RESIDENTIAL BUILDING PROVISIONS
Section R501 GENERAL
R501.1 Scope The provisions in this chapter are applicable to RESIDENTIAL BUILDINGS and MIXED-USE BUILDINGS where more than 50% of the heated floor area is residential, their building sites, and associated systems and equipment.
R501.2 Application RESIDENTIAL BUILDINGS shall comply with one of the following: 1. Prescriptive Compliance Path/Easy Path: The requirements of Section R502 a. As part of the application packet, the applicant shall submit a checklist and worksheet which the City shall use as the basis for verifying and showing compliance with the IECS. 2. Performance-based Compliance Path/Whole Building Path: The requirements of Section R503 a. As part of the application packet, the applicant shall submit the relevant documentation, which is detailed in R503, which the City shall use as the basis for verifying and showing compliance with the IECS.
SECTION R502 PRESCRIPTIVE COMPLIANCE PATH/EASY PATH
R502.1 General To meet the requirements of this Section R502, A building must achieve a minimum of six (6) of the points described in this section. A summary table is provided in R502.6.
R502.2 Efficient Electrification (EE):
R502.2.1 EE1 Heat Pumps for Space Heating Three points shall be earned for using air source heat pumps or five points shall be earned for using ground source heat pumps, as described in R502.2.1.
R502.2.1.1 Only air source heat pumps or ground source heat pumps shall be used for all space-heating needs, with exceptions for electric resistance heating as described in R502.2.1.4. A heating system that uses only ground source heat pumps (and electric resistance heating as allowed) shall earn five points. A heating system that uses
only air source heat pumps or uses a combination of air source and ground source heat pumps (and electric resistance heating as allowed) shall earn three points.
R502.2.1.2 Fossil fuels shall not be used for any space heating, space cooling or ventilation systems in the building, including backup heating systems. Water loop boiler/tower heat pumps that use fossil fuels shall not earn credit under this point.
R502.2.1.3 Except as stated in the second sentence of this provision R502.2.1.3, air source heat pumps shall be listed in the Northeast Energy Efficiency Partnerships (NEEP) Cold Climate Air Source Heat Pump Product List, for the product types and sizes covered. For any air source heat pump not covered by NEEP, the heat pump shall use a variable speed compressor(s) and the heat pump compressor(s) shall operate in temperatures below zero (0) degrees Fahrenheit (the compressor may be supplemented by electric resistance heat in accordance with the exceptions described in R502.2.1.4).
R502.2.1.4 To allow flexibility, electric resistance heat is allowed for a portion of space heating needs. Applicants shall submit documentation showing that at least one of the following conditions is met. 1) Stand-alone electric resistance heating (not associated with heat pumps) is used to heat 10% or less of the building heated floor area. 2) Stand-alone electric resistance heating (not associated with heat pumps) is used to meet 10% or less of the building’s projected annual space heating load.
R502.2.2 EE2 Heat Pumps for Service Water Heating One point shall be earned for meeting the requirements of R502.2.2.
R502.2.2.1 All service water heating systems shall use heat pumps and shall not use fossil fuels. All heat pump water heaters shall be set on heat pump-only mode.
Exception: In commercial kitchens, booster heat units for dishwashing must be electric, but shall be exempt from the heat pump requirement. Units used to pre-heat water for dishwashing shall use heat pumps.
R502.2.3 EE3 Commercial Cooking Electrification Three points shall be earned for meeting the requirements of R502.2.3. Restrictions: 1) Points may only be earned for portions of buildings that are restaurants or other food service establishments that use a commercial kitchen hood, and
2) Points may only be earned if the building does not use fossil fuels, except for PROCESS ENERGY. For this point, PROCESS ENERGY shall exclude commercial cooking.
R502.2.3.1 All commercial cooking equipment in the building, including but not limited to ranges, ovens, griddles, and fryers, shall be electric.
R502.2.4 EE4 Residential Cooking and Clothes Drying Electrification One point shall be earned for meeting the requirements of R502.2.4 Restrictions: Point may only be earned if the building does not use fossil fuels except for PROCESS ENERGY.
R502.2.4.1 All residential cooking equipment in the building, including but not limited to ranges, cooktops and ovens, shall be electric.
R502.2.4.2 All clothes drying equipment in the building shall be ventless heat pump clothes dryers.
R502.3 Affordability Improvements (AI)
R502.3.1 AI1 Smaller building/room size One or two points may be earned according to the requirements below. Restrictions: a. For mixed-use buildings, this point may only be earned when all portions of the building are classified as Residential or Hotel. b. Dormitories are not eligible for this point. c. For additions, this point may only be earned if the applicant demonstrates IECS compliance for the addition together with the existing building. This point may not be earned when considering the addition independent of the existing building.
R502.3.1.1 For single family dwellings, the DIRECTLY HEATED FLOOR AREA of the building shall not be greater than the maximum home size listed in Table R502.3.1.1 relating to the number of bedrooms in the dwelling. For two-family dwellings and townhouses, the total DIRECTLY HEATED FLOOR AREA of the building shall not be greater than the Total Building Size Allowance. The Total Building Size Allowance, in square feet, shall be determined by multiplying the quantity of each type of dwelling unit (1-BR, 2-BR etc.) times the ‘maximum home size’ value for that dwelling unit type in Table R502.3.1.1, and then summing the home size allowances for all unit types to calculate the Total Building Size Allowance. This method is summarized in Equation 5-1.
Equation 5-1: Total Building Size Allowance = [(Number of 1-BR units in the building) x (Maximum home size for 1-BR units listed in Table R502.3.1.1)] + [(# of 2-BR units in the building) x (Maximum home size for 2-BR units)] + … + [(# of 6-BR units in the building) x (Maximum home size for 6-BR units)]
Individual dwelling units may exceed the maximum home size allowance for that unit type given in Table R502.3.1.1.
Table R502.3.1.1 Size Allowances for Single Family Dwellings, Two-family Dwellings, and Townhouses Number of Bedrooms 1 2 3 4 5 6 7 or more Maximum home size allowed to +510 for each 850 1,360 1,870 2,380 2,890 3,400 receive one point (SF) additional bedroom Maximum home size allowed to +420 for each 700 1,120 1,540 1,960 2,380 2,800 receive two points (SF) additional bedroom
Example Calculation - for informational purposes only Duplex, building contains 3,100 sq ft of directly heated floor area, two dwelling units (3 bedrooms each)
From Table R502.3.1.1 Maximum home size allowed to receive one point for 3-BR units: 1,870 sq ft Total Building Size Allowance = (2 x 1,870 sq ft) = 3,740 sq ft Building size of 3,100 sq ft does not exceed size allowance, so one point can be earned.
From Table R502.3.1.1 Maximum home size allowed to receive two points for 3-BR units: 1,540 sq ft Total Building Size Allowance = (2 x 1,540 sq ft) = 3,080 sq ft Building size of 3,100 sq ft exceeds size allowance, so two points cannot be earned.
R502.3.1.2 For Residential buildings other than single family dwellings, two-family dwellings, and townhouses, the total DIRECTLY HEATED FLOOR AREA of all dwelling units in the building shall not be greater than the Total Unit Size Allowance. The area of dwelling units refers to in-unit areas only and shall not include common areas. The Total Unit Size Allowance, in square feet, shall be determined by multiplying the quantity of each type of dwelling unit (studio, 1-BR, etc.) times the ‘Dwelling unit size allowance’ value for that dwelling unit type in Table R502.3.1.2, and then summing the unit size allowances for all unit types to calculate the Total Unit Size Allowance. This method is summarized in Equation 5-2.
Equation 5-2: Total Unit Size Allowance =
[(Number of studio units in the building) x (Dwelling unit size allowance for studio units listed in Table R502.3.1.2)] + [(# of 1-BR units in the building) x (Dwelling unit size allowance for 1-BR units)] + [(# of 2-BR units in the building) x (Dwelling unit size allowance for 2-BR units)] + … + [(# of 7-BR units in the building) x (Dwelling unit size allowance for 7-BR units)]
Individual dwelling units may exceed the allowance for that unit type given in Table R502.3.1.2.
Table R502.3.1.2 Dwelling Unit Size Allowances for Residential Buildings other than Single Family Dwellings, Two-family Dwellings, and Townhouses Number of Bedrooms Studio 1 2 3 4 5 6 7 Dwelling unit size allowance to 408 600 842 986 1,156 1,326 1,496 1,666 receive one point (sq ft) Dwelling unit size allowance to 336 490 693 812 952 1,092 1,232 1,372 receive two points (sq ft)
R502.3.1.3 For HOTELS, the average DIRECTLY HEATED FLOOR AREA of all guest rooms in the building shall not be greater than the maximum average guest room size listed in Table R502.3.1.3. Individual guest rooms may exceed the maximum size.
Table R502.3.1.3 Area Requirements for Hotels and Motels Maximum average guest room size 280 allowed to receive one point (SF) Maximum average guest room size 230 allowed to receive two points (SF)
R502.3.2 AI2 Heating System in Heated Space One point may be earned according to the requirements below.
R502.3.2.1 All components of heating systems shall be installed inside space that meets all the following criteria: 1) Inside the BUILDING THERMAL ENVELOPE 2) DIRECTLY HEATED SPACE 3) LIVABLE SPACE, OCCUPIABLE SPACE or contiguous to LIVABLE SPACE or OCCUPIABLE SPACE 4) On a building level where at least 50% of the FLOOR AREA is DIRECTLY HEATED FLOOR AREA
For purposes of this section, heating system includes all parts of the system except for exhaust components and dedicated air intake components, including but not limited to mechanical equipment and the distribution network. Examples of spaces that are not allowed for heating system installation include but are not limited to: unheated or unfinished basements and attics, crawl spaces, outdoors, roofs, and exterior wall cavities. Rooftop systems, window-mounted systems, and “through-the wall” equipment such as packaged terminal equipment shall not be used.
Exceptions: 1) Outdoor units of split system heat pumps may be located outdoors. 2) There are no limitations on the location of refrigerant piping.
R502.3.3 AI3 Efficient Building Shape One point may be earned according to the requirements below.
R502.3.3.1 The exterior surface area divided by the DIRECTLY HEATED FLOOR AREA shall be less than the maximum value provided in Table R502.3.3.1.
R502.3.3.2 The exterior surface area shall be measured along the above-grade portions of the BUILDING THERMAL ENVELOPE, including but not limited to walls, roofs/ceilings (depending on the location of insulation), and exposed floors (such as those below a cantilever). The area of windows, doors, and skylights shall be included as part of the exterior surface area. The areas of the BUILDING THERMAL ENVELOPE between directly heated spaces and indirectly heated spaces or unheated spaces, such as the wall between a heated building and an attached unheated garage, shall be included as part of the exterior surface area.
R502.3.3.3 For additions, the area of the thermal envelope between directly heated space in the addition and directly heated space in the original building (including shared walls and, if the addition is above the original building, floors/ceilings) shall not be counted as part of the exterior surface area.
Table R502.3.3.1
Maximum Value of: Maximum Value of: Exterior Surface Area (SF) Exterior Surface Area (SF) Directly Heated divided by Directly Heated Directly Heated divided by Directly Heated Floor Area (SF) Floor Area (SF) Floor Area (SF) Floor Area (SF) 199 or less 4.69 3,000 - 3,999 1.60 200 - 299 3.88 4,000 - 4,999 1.48 300 - 399 3.45 5,000 - 5,999 1.39 400 - 499 3.17 6,000 - 6,999 1.31 500 - 599 2.98 7,000 - 7,999 1.25 600 - 699 2.83 8,000 - 8,999 1.19 700 - 799 2.71 9,000 - 9,999 1.15 800 - 899 2.68 10,000 - 14,999 1.05 900 - 999 2.57 15,000 - 19,999 0.94 1,000 - 1,099 2.47 20,000 - 29,999 0.84 1,100 - 1,199 2.38 30,000 - 39,999 0.75 1,200 - 1,299 2.31 40,000 - 49,999 0.68 1,300 - 1,399 2.24 50,000 - 59,999 0.64 1,400 - 1,499 2.18 60,000 - 69,999 0.61 1,500 - 1,599 2.13 70,000 - 79,999 0.58 1,600 - 1,699 2.08 80,000 - 89,999 0.55 1,700 - 1,799 2.04 90,000 - 99,999 0.53 1,800 - 1,899 2.00 100,000 - 199,999 0.46 1,900 - 1,999 1.96 200,000 - 299,999 0.39 2,000 - 2,499 1.86 300,000 - 399,999 0.35 2,500 - 2,999 1.74 400,000 or more 0.33
R502.3.4 AI5 Modest Window-to-Wall Ratio One point may be earned according to the requirements below.
R502.3.4.1 The vertical fenestration area, not including opaque doors and opaque spandrel panels, shall be not greater than 20 percent of the gross above-grade wall area.
R502.3.4.2 For additions, the area of above-grade walls that were part of the BUILDING THERMAL ENVELOPE of the original building but are not part of the BUILDING THERMAL ENVELOPE of the new building shall be counted towards the above-grade wall area of the addition.
R502.4 Renewable Energy (RE):
R502.4.1 RE1 Renewable Energy Systems Up to three points may be earned according to the requirements below.
R502.4.1.1 Points available On-site and off-site renewable energy systems that meet the requirements of this section shall earn up to three points based on their annual electrical or thermal energy production. Multiple renewable energy systems may be used to earn points, but no more than three total points may be earned for any combination of renewable energy systems.
R502.4.1.2 Determining the number of points earned The number of points earned shall be determined according to the steps below. The applicant shall submit documentation of all related assumptions and calculations.
Step 1: Calculate Renewable Energy Production The Renewable Energy Production (REP) is the projected annual energy production of the renewable energy system, expressed in kilowatt-hours per year (kWh/yr). For thermal systems, the conversion 1 kWh = 3.412 kBtu shall be used.
Step 2: Calculate the Number of Points Earned The number of points earned for a renewable energy system is based on the directly heated floor area of the building it serves. Points shall be earned based on a weighted average related to residential and commercial floor area, as described in Equation 5-2. For purposes of this section R502.4.1, residential space shall include dwelling units and common areas that only serve dwelling units.
Equation 5-2: Minimum Renewable Energy Production needed to earn each point = (1.2 kWh/ft2 x RA) + (2.4 kWh/ft2 x CA) CA = Directly heated floor area of Commercial space (ft2) RA = Directly heated floor area of Residential space (ft2) Note: For buildings that have no residential space, set RA equal to zero. For buildings that have no commercial space, set CA equal to zero.
Example Calculation - for informational purposes only Assumptions: Mixed-use building with 2,000 ft2 of residential directly heated floor area and 5,000 ft2 of commercial directly heated floor area. A 25 kW solar array is being used.
Step 1: Using the PVWatts Calculator, it is projected that the 25 kW solar array will produce 30,000 kWh/year. Renewable Energy Production is 30,000 kWh/year
Step 2: Using Equation 5-2: Minimum REP needed for each point = (1.2 kWh/ft2 x RA) + (2.4 kWh/ft2 x CA) Minimum REP needed for each point = (1.2 kWh/ft2 x 2,000 ft2) + (2.4 kWh/ft2 x 5,000 ft2) Minimum REP needed for each point = 2,400 kWh + 12,000 kWh Minimum REP needed for each point = 14,400 kWh
Using the assumptions for this building and renewable energy system, two (2) points may be earned.
R502.4.1.3 Energy Sources Renewable energy systems shall produce electricity from solar, wind, or hydropower resources, or produce thermal energy from solar, geothermal, or hydrothermal resources. Thermal energy absorbed from or rejected to outdoor air/ground/water and used in conjunction with heat pumps does not count as renewable energy for the purposes of this section. Hydropower shall be from new generation capacity on a nonimpoundment or new generation capacity on an existing impoundment. Hydropower shall meet one of the following conditions: a. The hydropower facility complies with the Low Impact Hydropower Certification Handbook and is certified by a nationally recognized accreditation organization. b. The hydropower facility complies with UL 2854 and is certified by an organization that has the standard in its ISO 17065 scope of accreditation. c. The hydropower facility consists of a turbine in a pipeline or a turbine in an irrigation canal. For facilities falling under condition (a) or (b), only output generated during the period of certification is eligible for RECs sale in accordance with the provisions of this section. Renewables from new impoundments of water are not eligible.
R502.4.1.4 Qualifying Renewable Energy Systems Renewable energy systems producing electricity or thermal energy that is delivered to or credited to the building to comply with Section R502.4.1 shall meet the following requirements:
a. Renewable energy systems shall satisfy one of the following criteria: 1. ON-SITE RENEWABLE ENERGY SYSTEM i. Self-generation ii. Purchase Contract such as a Power Purchase Agreement 2. Off-site renewable energy system i. Self-generation (an off-site renewable energy system owned by the building owner) ii. COMMUNITY RENEWABLE ENERGY FACILITY iii. Purchase Contract such as a Power Purchase Agreement
b. The renewable energy system shall be located in New York Independent System Operator (NYISO) territory and shall be located where the energy can be delivered to the building site by any of the following: 1. Direct connection to the renewable energy system 2. The local utility or distribution entity 3. An interconnected electrical network where energy delivery capacity between the generator and the building site is available (Informative Note: Examples of interconnected electrical networks include regional power pools and regions served by Independent System Operators or Regional Transmission Organizations.)
c. The renewable energy system must have commenced operation on or after January 1, 2015 and before the date the certificate of occupancy for the building is issued.
Exception to R502.4.1.4 (c) If the building owner can provide evidence that, for the duration of the planning process, it has made a good faith effort to have the renewable energy system constructed and operational by the time of certificate of occupancy, and due to circumstances out of the control of, or not otherwise due to the negligence or willful misconduct on behalf of the building owner, the renewable energy system is not constructed or is not operational, then the building owner shall be allowed up to one year after the certificate of occupancy is issued to meet R502.4.1.4 (c).
d. Where the renewable energy system ceases operation, or the owner cannot legally claim the associated energy or RECs for any reason, the building owner shall produce or procure alternative qualifying renewable energy in an amount equal to or greater than the amount needed to earn the same number of points under the requirements of R502.4.1.2.
R502.4.1.5 Reporting and Documentation a. The building owner shall submit documentation of renewable energy system ownership or renewable energy procurement. Records on power and thermal energy produced or purchased by the building owner from the renewable energy producer shall be retained by the building owner on behalf of the entity demonstrating financial or operational control over the building seeking compliance to this standard and submitted to the Code Enforcement Officer on an annual basis for no less than 15 years.
b. For systems generating electricity, documentation shall be provided to the CODE ENFORCEMENT OFFICER that indicates an exclusive chain of custody and ownership of the RECs from the renewable energy system to the building owner, on an annual basis for no less than 15 years. RECs supplied from the renewable energy system shall be conveyed to and retired on behalf of the entity who has financial or operational control over the building's electricity consumption. The annual generation vintage date of delivered RECs shall be allocated to the same 12-month reporting year, up to six months prior, or up to three months after the calendar year in which the electricity is used in the building.
Exceptions to R502.4.1.5 (b) 1) If the total capacity of all renewable energy systems being used to earn points under R502.4.1 is less than 25 kW, the requirements of R502.4.1.5(b) shall be waived.
2) Where the building owner cannot provide documentation on the chain of custody or ownership of the RECs from the renewable energy system, the building owner shall provide documentation to the CODE ENFORCEMENT OFFICER of an alternate supply contract for replacement RECs from an alternate renewable energy source. The quantity of RECs contracted for shall be equal to or greater than the amount needed to earn the desired number of points under the requirements of R502.4.1.2. These RECs shall comply with the Green-e® Renewable Energy Standard for Canada and the United States (latest edition) and
shall be conveyed to and retired on behalf of the entity who has financial or operational control over the building's electricity consumption.
c. Electricity, thermal energy and RECs from renewable energy systems may not be counted more than once for purposes of demonstrating compliance with this section R502.4.1. The reporting and documentation required in R502.4.1.4 shall clearly state how the energy and RECs are allocated to specific buildings. The City may request additional documentation to provide reasonable proof of ownership/procurement, and fulfillment of RECS and allocation requirements.
d. In the case of full or partial transfer of ownership of the building, the following must be provided: proof of transfer of ownership; a signed statement from the new owner stating they understand the requirements of this section R502.4.1 and the duty to fulfill them; and contact information for the person(s) responsible for submitting annual reporting.
R502.4.1.6 Penalties for non-compliance If a building uses this section R502.4.1 for compliance with the IECS and, for any reason, the requirements of this section are not met in full, as determined by a Code Enforcement Officer, the City may impose a fine in accordance with Code Section 146-59 for each day the building remains out of compliance. In no instance shall the applicable 15-year energy production and allocation requirements, the 15-year RECs requirements, or other requirements detailed in this section R502.4.1 be shortened or waived.
R502.4.2 RE2 Biomass Space Heating Five points may be earned according to the requirements below.
R502.4.2.1 Only biomass systems shall be used for all space-heating needs, with exceptions for electric resistance heating as described in R502.4.2.4.
R502.4.2.2 Fossil fuels shall not be used for any space heating, space cooling or ventilation systems in the building, including backup heating systems.
R502.4.2.3 All biomass equipment must comply with the NYSERDA Renewable Heat NY program guidelines, available at www.nyserda.ny.gov/All-Programs/Programs/Renewable-Heat-NY.
R502.4.2.4 To allow flexibility, electric resistance heat is allowed for a portion of space heating needs. Applicants shall submit documentation showing that at least one of the following conditions is met. 1) Stand-alone electric resistance heating is used to heat 10% or less of the building heated floor area. 2) Stand-alone electric resistance heating is used to meet 10% or less of the building’s projected annual space heating load.
R502.5 Other Points (OP):
R502.5.1 OP1 Development Density One point may be earned according to the requirements below. Restrictions: A maximum of two points total may be earned for points OP1 Development Density, OP2 Walkability, and OP3 Electric Vehicle Parking Spaces combined.
R502.5.1.1 One point shall be earned if (DU + CA) > (7 x Acreage), where: DU = the number of all Residential dwelling units on the entire parcel occupied by the building CA = the floor area of all Commercial space, measured in units of 1,000 square feet, on the entire parcel occupied by the building Acreage = the land area, measured in acres, of the entire parcel occupied by the building.
R502.5.1.2 DU shall include all dwelling units on the parcel occupied by the building, including those in existing buildings. CA shall include all Commercial space on the parcel occupied by the building, including that in existing buildings. CA shall not include common areas serving only dwelling units or other Residential space. Acreage shall include all land area on the parcel occupied by the building.
Example Calculation - for informational purposes only Mixed Use Development Residential units: 12 apartments DU = 12 Commercial space: 10,000 sq ft CA = 10 Parcel acreage: 1.5 acres Acreage = 1.5
DU + CA = 12 + 10 = 22 7 x Acreage = 7 x 1.5 = 10.5 22 > 10.5 1 point may be earned.
R502.5.2 OP2 Walkability One point may be earned according to the requirements below. Restrictions: A maximum of two points total may be earned for points OP1 Development Density, OP2 Walkability, and OP3 Electric Vehicle Parking Spaces combined.
R502.5.2.1 This point shall be earned when the following condition is met, in addition to the other requirements in this section R502.5.2.
1) The building is within one quarter (0.25) mile of at least five of the Neighborhood Amenity Types listed in Table R502.5.2.1. a. No single Amenity Type shall be counted more than twice, even when more than two examples of the Amenity Type exist. For example, a building on Aurora Street’s “Restaurant Row” could count two restaurants maximum. b. At least two Amenity Categories shall be represented. c. The one quarter mile measurement(s) may be taken from any part(s) of the building.
R502.5.2.2 For all buildings, at the time of project completion, sidewalks, walkways and/or trails must be present on the property and connect to an existing network of pedestrian infrastructure.
Table R502.5.2.1
Neighborhood Amenity Types and Categories
Amenity Category Amenity Type Food retail Supermarket Grocery with produce section
Community-serving retail Convenience store Farmers market Hardware store Pharmacy Other retail
Services Bank Family entertainment venue (e.g., theater, sports) Gym, health club, exercise studio Hair care Laundry, dry cleaner Restaurant, café, diner (excluding those with only drive- thru service)
Civic and community facilities Adult or senior care (licensed) Child care (licensed) Community or recreation center Cultural arts facility (museum, performing arts) Education facility (e.g., K–12 school, university, adult education center, vocational school, community college) Government office that serves public on-site Medical facility that treats patients Place of worship Post office Public library Public park Social services center
R502.5.3 OP3 Electric Vehicle Parking Spaces One point may be earned for installing electric vehicle parking space(s) and related infrastructure that meet the requirements of this section. Restrictions: A maximum of two points total may be earned for points OP1 Development Density, OP2 Walkability, and OP3 Electric Vehicle Parking Spaces combined.
R502.5.3.1 Required Number of EV Parking Spaces The number of required EV parking spaces shall be determined using Table R502.5.3.1(1), based on the number of Residential Dwelling Units (DU) and the area of Commercial space (CA). DU = the number of Residential dwelling units in the building.
CA = the area of all Commercial space, measured in units of 1,000 square feet, in the building. CA shall not include common areas serving only dwelling units or other portions of Residential space. When determining the total number of required spaces in mixed-use buildings, EV space requirements for Residential Dwelling Units and for Commercial space shall be calculated separately and summed.
Table R502.5.3.1 (1) Required Number of Electric Vehicle Parking Spaces Residential Buildings Commercial Buildings Number of EV Number of EV Number of Area in units of 1,000 Sq. Spaces Required for Spaces Required for Dwelling Units (DU) Ft (CA) Residential Portion (SR) Commercial portion (SC) 1 to 6 1 5 2 7 to 13 2 10 3 14 to 20 3 15 5 21 to 24 4 20 6 25 to 30 5 25 7 31 to 38 6 30 9 39 to 46 7 35 10 47 to 53 8 40 12
For up to 25 Dwelling Units, use table. The numbers listed above are examples. For 26 or more Dwelling Units: For all building sizes use the equation: SR = (0.13 x DU) + 1 SC = 0.28 x CA
Complete Residential and Commercial calculations Complete Residential and Commercial calculations separately, add results, and round up to nearest separately, add results, and round up to nearest whole number: whole number. SR + SC = ST (Total EV Parking Spaces) SR + SC = ST (Total EV Parking Spaces)
Table R502.5.3.1 (2) Sample Calculation for required number of EV Parking Spaces
Sample Calculation 44,300 sq ft mixed-use building. 26 Dwelling Units (DU) and 6,000 sq ft Commercial Area (CA)
SR = (0.13 x 26) + 1 SR = 3.4 + 1 = 4.4 4.4 EV spaces are required for Residential portion
SC = 0.28 x 6 SC = 1.7 1.7 EV spaces are required for Commercial portion
ST = SR + SC rounded up ST = 4.4 + 1.7 = 6.1, round up 7 EV spaces are required for the building to earn a point.
R502.5.3.2 The requirements for this point as set forth here and in Table R502.6 are NOT intended to override or supplant existing zoning code provisions regarding parking requirements. To the extent that zoning permissible parking spaces cannot be accommodated on the building site, the building must seek off-site spaces in accordance with the provisions of this point and applicable zoning laws, where zoning allows off-site parking spaces.
R502.5.3.3 All Electric Vehicle Parking Spaces shall be located on the same parcel as the building, in the same parking facilities as those used by one or more of the following target user groups: customers/clients; employees; and fleet vehicles. If no parking facilities exist on the same parcel, and off-site parking facilities do exist for one or more of the user groups, then EV parking spaces may be installed in those off-site parking facilities. Off-site parking must be within 0.25 miles of the building.
R502.5.3.4 All Electric Vehicle Parking Spaces shall be served by a dedicated Electric Vehicle Charging port. Electric Vehicle Charging Stations may have any number of ports.
R502.5.3.5 At least one Accessible Electric Vehicle parking space is required in any parking facility that includes more than 10 Electric Vehicle parking spaces. Any parking facility with more than 50 Electric Vehicle parking spaces must provide at least two Accessible Electric Vehicle parking spaces. The associated space(s) are not required to be designated only for accessible parking, as defined by the Building Code of NYS, but must meet all other accessibility requirements contained in New York State law.
R502.5.3.6 All buildings must install Level 2 EV charging stations that operate on a 240-volt AC circuit and/or Direct Current Fast Chargers.
R502.5.3.7 Electric vehicle charging spaces shall be provided with a dedicated branch circuit, raceways, and all other electric vehicle charging equipment. The branch circuit shall be identified for electric vehicle service in the service panel or subpanel directory. Electrical room(s) serving areas with EV parking spaces shall be designed to accommodate the electrical equipment and distribution required to serve all of the electric vehicle charging stations.
R502.5.3.8 Electric vehicle charging station equipment shall be maintained in all respects, including the functioning of the charging equipment. A phone number or other contact information shall be provided on the charging station equipment for reporting when the equipment is not functioning, or other problems are encountered.
R502.5.3.9 The Electric Vehicle Charging Station, including the charging cord, shall be installed so as to not interfere with pedestrian walkways at any time.
R502.5.3.10 Except for Accessible EV parking spaces, each EV parking space shall be posted with signage indicating that the space is only to be used for electric vehicle charging purposes. Days and hours of operations and any other restrictions on use of the parking space shall be included if time limits or tow-away provisions are to be enforced.
R502.5.4 OP4 Adaptive Reuse One point may be earned according to the requirements below.
R502.5.4.1 The building must maintain 50% or more of the existing building structure and building thermal envelope, based on measurement of the surface area. The existing building structure must be retained in place and re-purposed for a different permitted use (for example, when an old school is adapted for use as apartments). A major renovation of a building and re-use for the same purpose shall not be eligible for this point.
R502.5.5 OP5 NY Stretch Code Two points may be earned according to the requirements below.
R502.5.5.1 The building shall comply with all requirements of the NYStretch Energy Code - 2020 Version 1.0, which is available at: www.nyserda.ny.gov/All-Programs/Programs/Energy-Code-Training/NYStretch-Energy-Code-2020
R502.5.6 OP6 Custom Energy Improvement Up to two points may be earned according to the requirements below.
R502.5.6.1
To earn one point, both of the following conditions must be met: 1. Reduce energy use by 1.2 kWh/SF/year or 4.1 kbtu/SF/year for all residential HEATED FLOOR AREA in the building. 2. Reduce energy use by 2.4 kWh/SF/year or 8.2 kbtu/SF/year for all commercial HEATED FLOOR AREA in the building.
R502.5.6.2 To earn two points, both of the following conditions must be met: 1. Reduce energy use by 2.4 kWh/SF/year or 8.2 kbtu/SF/year for all residential HEATED FLOOR AREA in the building. 2. Reduce energy use by 4.8 kWh/SF/year or 16.4 kbtu/SF/year for all commercial HEATED FLOOR AREA in the building.
R502.5.6.3 Multiple improvements may be combined to achieve each point under this improvement. Improvements may be made anywhere in the building as long as they meet the thresholds of energy use reduction. The proposed energy improvement(s) shall be submitted to the Code Enforcement Officer in writing, signed by the DESIGN PROFESSIONAL or ENERGY PROFESSIONAL. Energy reduction must be shown through energy analysis performed by a DESIGN PROFESSIONAL or ENERGY PROFESSIONAL. Simplified calculations (e.g. spreadsheet) are acceptable.
R502.5.6.4 For a baseline, use the 2016 Energy Conservation Construction Code of New York State. If the baseline condition is not addressed by the ECCCNYS, use baseline conditions as defined in Appendix G of ASHRAE Standard 90.1- 2013, or RESNET HERS (latest edition).
R502.5.6.5 Production of renewable energy shall not count toward energy reduction. Energy reduction must be calculated after applying all other proposed energy improvements to the proposed design. In other words, interactive energy savings must be performed. Savings cannot be taken for improvements made with other points, such as right-lighting or the NY Stretch Energy Code.
R502.6 Summary Table for Prescriptive Compliance Path / Easy Path The following Table R502.6 is a summary of the Prescriptive Compliance Path / Easy Path for RESIDENTIAL BUILDINGS. This is a summary for informational purposes only. To earn points, all applicable requirements in sections R502.1, R502.2, R502.3, R502.4 and R502.5 must be met. In case of discrepancies between Table R502.6 and the requirements in sections R502.1, R502.2, R502.3, R502.4 and R502.5, the latter shall hold precedence.
Table R502.6
Residential Compliance Summary for Easy Path/Prescriptive Path Projects must earn at least six points Cate- Improvement Points Details gory EFFICIENT ELECTRIFICATION Heat pumps for space 3 points for air source heat pumps. EE1 3 - 5 heating 5 points for ground source heat pumps. Heat pumps for domestic hot EE2 1 1 point for water heating systems that use heat pumps. water heating 3 points for electric cooking equipment in restaurants and other Commercial cooking EE3 3 food service buildings. Prerequisite: no fossil fuel use in the electrification building. Residential cooking and 1 point for electric stoves and ventless heat pump clothes dryers. EE4 1 clothes drying electrification Prerequisite: no fossil fuel use in the building. AFFORDABILITY IMPROVEMENTS Up to 2 points for smaller room sizes. Available for Hotel and AI1 Smaller building/room size 1 - 2 Residential portions only. Heating systems in heated AI2 1 1 point for installing heating systems in directly heated spaces. space 1 point if exterior surface area divided by directly heated floor AI3 Efficient building shape 1 area is less than the maximum allowed value.
Modest window-to-wall 1 point for overall window-to-wall ratio less than 20% AI5 1 ratio (individual spaces may exceed 20%). RENEWABLE ENERGY Up to 3 points for on-site or off-site renewable electric systems RE1 Renewable energy systems 1 - 3 or on-site renewable thermal systems. RE2 Biomass systems 5 5 points for biomass space heating systems. OTHER POINTS 1 point for achieving sufficient development density on the OP1 Development density 1 building parcel. A maximum of two points total may be earned for points OP1, OP2, and OP3 combined. 1 point if the building meets the walkability criteria. A OP2 Walkability 1 maximum of two points total may be earned for points OP1, OP2, and OP3 combined. 1 point for installing electric vehicle parking spaces and related Electric Vehicle Parking OP3 1 infrastructure. A maximum of two points total may be earned for Spaces points OP1, OP2, and OP3 combined. OP4 Adaptive reuse 1 1 point for substantial re-purpose of existing building. OP5 Meet NY Stretch Code 2 2 points for complying with NYStretch Energy Code
OP6 Custom energy improvement 1 - 2 Up to 2 points for reduction in energy use.
SECTION R503 PERFORMANCE-BASED COMPLIANCE PATH/WHOLE BUILDING PATH
R503.1 General To meet the requirements of this section R503, A BUILDING must comply with any one of the high-performance building approaches described in R503.2, R503.3, R503.4, R503.5 and R503.6.
R503.2 Energy Rating Index-based Compliance Restrictions: This compliance method may only be used for Residential Buildings of not more than three stories.
R503.2.1 The building shall comply with all requirements of Section R406 Energy Rating Index Compliance Alternative of the 2020 Energy Conservation Construction Code of NYS (ECCCNYS R406). Where the requirements of this Ithaca Energy Code Supplement are more stringent than the requirements of ECCCNYS R406, IECS requirements shall prevail.
R503.2.2 The rated design shall be shown to have an Energy Rating Index (ERI) less than or equal to 40 when compared to the ERI reference design.
R503.2.3 Renewable energy generation that meets all applicable requirements for renewable energy systems described in R502.4.1 may be used to meet the requirements.
R503.2.4 Documentation Compliance documentation shall be submitted as detailed in ECCCNYS R406.
R503.3 National Green Building Standard-based compliance R503.3.1 Using the National Green Building Standard (“NGBS”, also known as ICC/ASHRAE 700-2015), the building shall earn no less than 80 NGBS Energy Efficiency points. NGBS certification is not necessary.
R503.3.2 Renewable energy generation that meets all applicable requirements for renewable energy systems described in R502.4.1 may be used to meet the requirements.
R503.3.3 Documentation The DESIGN PROFESSIONAL or ENERGY PROFESSIONAL documenting compliance will provide a signed statement that the design meets the requirements of this section, and documentation showing compliance.
R503.4 Passive House-based Compliance R503.4.1 Buildings shall meet the design requirements of one of the following. 1. PHIUS+ Passive Building Standard from Passive House Institute US 2. Passive House Classic Standard from Passive House Institute Actual certification is not required. The most recent version of the chosen standard in effect at the time of building permit application shall be used.
Documentation shall include at least one of the following: 1. Pre-certification letter (or other formal communication) from an Accredited Passive House Certifier, stating that Design Review has been completed and the building is designed to meet all requirements of the chosen Standard. All documentation used to show achievement of the requirements must be submitted to the Code Enforcement Officer. Documentation of Passive House certification. All documentation used to achieve certification must be submitted to the Code Enforcement Officer.
R503.5 Greenhouse Gas Emissions Calculation-based Compliance The building shall demonstrate a reduction in greenhouse gas (GHG) emissions of not less than 40% as compared to the baseline building.
R503.5.1 Energy Modeling Standards GHG emissions reductions shall be shown through energy modeling. 1. For Residential Buildings four stories and greater and for mixed-use buildings classified as residential, energy modeling shall comply with Appendix G of ASHRAE Standard 90.1-2013. 2. For Residential buildings of not more than three stories, energy modeling shall comply with RESNET- HERS.
R503.5.2 Process Loads The GHG emissions reduction assessment and requirement shall exclude energy use by PROCESS LOADS. However, the energy model shall include the energy used for PROCESS LOADS because energy used by heating, cooling, and ventilation (including exhaust fans/hoods, makeup air fans, and heating/cooling for makeup air) is subject to the GHG emissions reduction requirement. After the baseline and proposed energy models are run, for the GHG emissions reduction calculation, subtract out the process energy use from both the baseline and the proposed building energy model results, and use the resulting without-process-energy results for the GHG emissions calculations.
R503.5.3 Renewable Energy Renewable energy generation may be used. All applicable requirements for renewable energy systems described in R502.4.1 must be met. Renewable energy generation used to achieve the 40% reduction in GHG emissions is capped at 25% of the baseline energy use. The GHG emissions factor for electricity produced by renewable energy systems shall be 0 (zero) lb CO2e/MWh.
R503.5.4 GHG Emissions Factor for Electricity For buildings not served by combined heat and power plants, the GHG emissions factor for electricity used for all calculations shall be 548.37 lb CO2e/MWh
R503.5.5 GHG Emissions Factor for Electricity for Buildings Served by Combined Heat and Power Plants For buildings using electricity generated by combined heat and power (CHP) plants, the GHG emissions factor for electricity shall be determined in one of the following ways: a. The most recent heat rate data available at the time of building application shall be used from www.eia.gov/electricity/annual/html/epa_08_02.html, for the specific type of generation plant used, for electricity to be used in the proposed building, and the heat rate shall be multiplied by the EPA emissions factor for the fuel used at the CHP plant. The result shall be used as the GHG emissions factor for electricity from CHP plants. b. Data gathered from actual operation of the CHP plant and its distribution network shall be used to determine the site-specific GHG emissions factor for electricity to be used in the building. All data used shall be made publicly available before the time of building permit application.
For buildings served by CHP plants, the baseline (reference building) electricity use GHG emissions shall be the same as for buildings not served by a CHP plant.
R503.5.6 If a facility uses electricity from a combination of sources (e.g., utility, off-site renewable energy system, and CHP plants), a weighted average of GHG emissions factors shall be used.
R503.5.7 Documentation The following documentation shall be submitted to show compliance with R503.5 in sufficient clarity and detail: 1. A report, signed and stamped by an accredited third-party ENERGY PROFESSIONAL, showing the results of all calculations, assumptions, inputs, and outputs for the energy model 2. A letter, signed and stamped by an accredited third-party ENERGY PROFESSIONAL, stating that proposed total GHG emissions for the building are at least 40% less than the GHG emissions of the baseline building. 3. The City reserves the right to require additional documentation and/or additional third-party review and analysis by a consultant selected by the City, at the expense of the applicant. All such documentation shall be submitted and fee shall be paid prior to issuance of a building permit.
R503.6 Greenhouse Gas Emissions Calculation-based Compliance for Additions Compliance using the requirements of this provision R503.6 may only be used for additions that are showing compliance together with the existing building. See also 202.2.
R503.6.1
The addition and the existing building, together as a whole, shall be shown to have lower total GHG emissions than the original existing building.
R503.6.2 Current and proposed GHG emissions shall be calculated following the requirements of the GHG emissions Calculation Method (R503.5).
R503.6.3 Documentation The following documentation shall be submitted: 1. An energy study of the existing building that includes energy use from at least 12 consecutive months of the most recent 24 months at the time of building permit application. 2. An energy study that shows anticipated energy use for the new addition and modified existing building. 3. A report, signed and stamped by an accredited ENERGY PROFESSIONAL, showing the results of all calculations, assumptions, inputs, and outputs for the energy model. 4. A letter, signed and stamped by an accredited third-party ENERGY PROFESSIONAL, stating that proposed total GHG emissions for the building and addition together are less than the GHG emissions for the existing building. 5. The City/Town reserves the right to require additional documentation and/or additional third-party review and analysis by a consultant selected by the City/Town, at the expense of the applicant. All such documentation shall be submitted and fee shall be paid prior to issuance of a building permit.
SECTION R504 FUTURE REQUIREMENTS
R504.1 General On January 1, 2023, the requirements of Sections R502 and R503 shall change as described in R504.2, R504.3, R504.4, and R504.6. Where no changes are listed, the requirements shall remain as described in Sections R502 and R503.
On January 1, 2026, the requirements of Sections R501, R502 and R503 shall change as described in R504.7. Where no changes are listed, the requirements shall remain as described in Sections R501, R502 and R503.
R504.2 Changes in 2023 to General Requirements of Prescriptive Compliance Path/Easy Path Effective January 1, 2023, to meet the requirements of section R502, a building must achieve a minimum of twelve (12) of the points described in section R502. A summary table is provided in R504.5
R504.3 Changes in 2023 to Efficient Electrification Points Effective January 1, 2023, all points awarded from R502.2 Efficient Electrification shall be doubled.
R504.3.1 Six points shall be earned for using air source heat pumps and meeting the requirements of R502.2.1 - Heat Pumps for Space Heating. Ten (10) points shall be earned for using ground source heat pumps and meeting the requirements of R502.2.1 - Heat Pumps for Space Heating.
R504.3.2 Two points shall be earned for meeting the requirements of R502.2.2 EE2 Heat Pumps for Service Water Heating.
R504.3.3 Six points shall be earned for meeting the requirements of R502.2.3 EE3 Commercial Cooking Electrification.
R504.3.4 Two points shall be earned for meeting the requirements of R502.2.4 EE4 Residential Cooking and Clothes Drying Electrification.
R504.4 Changes in 2023 to RE1 Renewable Energy Systems Effective January 1, 2023, the maximum number of points allowed under R502.4.1 RE1 Renewable Energy Systems shall increase to six (6) points. The criteria for earning points shall remain as described in R502.4.1.
R504.5 Changes in 2023 to Summary Table for Prescriptive Compliance Path/Easy Path Residential Compliance Summary for Easy Path/Prescriptive Path Projects must earn at least 12 points Cate- Improvement Points Details gory EFFICIENT ELECTRIFICATION Heat pumps for space 6 points for air source heat pumps. EE1 6 - 10 heating 10 points for ground source heat pumps. Heat pumps for domestic hot EE2 2 2 points for water heating systems that use heat pumps. water heating 6 points for electric cooking equipment in restaurants and other Commercial cooking EE3 6 food service buildings. Prerequisite: no fossil fuel use in the electrification building. Residential cooking and 2 points for electric stoves and ventless heat pump clothes EE4 2 clothes drying electrification dryers. Prerequisite: no fossil fuel use in the building. AFFORDABILITY IMPROVEMENTS Up to 2 points for smaller room sizes. Available for Hotel and AI1 Smaller building/room size 1 - 2 Residential portions only. Heating systems in heated AI2 1 1 point for installing heating systems in directly heated spaces. space 1 point if exterior surface area divided by directly heated floor AI3 Efficient building shape 1 area is less than the maximum allowed value.
Modest window-to-wall 1 point for overall window-to-wall ratio less than 20% AI5 1 ratio (individual spaces may exceed 20%). RENEWABLE ENERGY Up to 6 points for on-site or off-site renewable electric systems RE1 Renewable energy systems 1 - 6 or on-site renewable thermal systems. RE2 Biomass systems 5 5 points for biomass space heating systems. OTHER POINTS 1 point for achieving sufficient development density on the OP1 Development density 1 building parcel. A maximum of two points total may be earned for points OP1, OP2, and OP3 combined. 1 point if the building meets the walkability criteria. A OP2 Walkability 1 maximum of two points total may be earned for points OP1, OP2, and OP3 combined. 1 point for installing electric vehicle parking spaces and related Electric Vehicle Parking OP3 1 infrastructure. A maximum of two points total may be earned for Spaces points OP1, OP2, and OP3 combined. OP4 Adaptive reuse 1 1 point for substantial re-purpose of existing building. OP5 Meet NY Stretch Code 2 2 points for complying with NYStretch Energy Code
OP6 Custom energy improvement 1 - 2 Up to 2 points for reduction in energy use. 2023
R504.6 Changes in 2023 to Performance-Based Compliance Path/Whole Building Path Effective January 1, 2023, the requirements of Section R503 Performance-Based Compliance Path/Whole Building Path shall change as described in R504.6.1, R504.6.2, and R504.6.3. Where no changes are listed, the requirements shall remain as described in Section R503.
R504.6.1 Changes to Energy Rating Index-based Compliance Effective January 1, 2023, the language of R503.2.2 shall be replaced with the following language: The building must satisfy one of the following criteria: 1. The rated design shall be shown to have an Energy Rating Index (ERI) less than or equal to 20 when compared to the ERI reference design. 2. The rated design shall be shown to have an Energy Rating Index (ERI) less than or equal to 40 when compared to the ERI reference design AND seven IECS points from Section R502 Prescriptive Compliance Path/Easy Path shall be earned. Points from AI4 Right-Lighting and OP5 Meet NY Stretch Code may not be counted toward the seven IECS points.
R504.6.2 Changes to National Green Building Standard-based compliance In addition to all existing requirements, seven IECS points from Section R502 Prescriptive Compliance Path/Easy Path must be earned. Points from AI4 Right-Lighting and OP5 Meet NY Stretch Code may not be counted toward the seven IECS points.
R504.6.3 Changes to Greenhouse Gas Emissions Calculation-based Compliance Effective January 1, 2023, the building shall demonstrate a reduction in greenhouse gas (GHG) emissions of not less than 80% as compared to the baseline building.
R504.6.3.1 Renewable energy generation used to achieve the 80% reduction in GHG emissions is capped at 50% of the baseline energy use.
R504.6.3.2 For buildings not served by combined heat and power plants or renewable energy systems, the GHG emissions factor for electricity used for all calculations shall be 295.9 lb CO2e/MWh.
R504.7 Changes in 2026 Effective January 1, 2026, all buildings shall be built to have net-zero GHG emissions and shall not use fossil fuels for space heating, water heating, or clothes drying.
R504.7.1 The language in R501.2 Application shall be replaced with:
RESIDENTIAL BUILDINGS of not more than three stories shall comply with all requirements of R503.2 Energy Rating Index-based Compliance except R503.2.2. The rated design shall be shown to have an Energy Rating Index (ERI) less than or equal to 5 when compared to the ERI reference design.
Residential Buildings four stories and greater shall comply with the requirements of the ZERO Code, using the most recent version of the ZERO Code available at the time of permit application. The ZERO Code, an Architecture 2026 initiative, is available at https://zero-code.org.
An IECS Compliance Plan shall be the basis for evaluating compliance.
R504.7.2 Fossil fuels shall not be used for space heating, water heating or clothes drying. Fossil fuels may be used for PROCESS ENERGY and for cooking.
Chapter 6 COMPLIANCE, ENFORCEMENT AND APPEALS
NOTE: THIS SECTION TO BE UPDATED AS COMPLIANCE DOCUMENTATION REQUIREMENTS ARE FINALIZED. The following compliance documentation shall be submitted:
1. For the proposed point system, a checklist that shows which points are sought, and support for each point. For example, if a developer is seeking the size credit for a house design, the checklist would show the house area (square feet), number of bedrooms, required house size, and proposed house size, to show that the house meets the size requirement. 2. For the proposed whole-building compliance, a report by a DESIGN PROFESSIONAL or ENERGY PROFESSIONAL, at the time of planning review and again when applying for a building permit.
At the planning review phase, a preliminary green building checklist shall be submitted, indicating which green compliance items are proposed/planned. A checklist shall be submitted with the construction documents, prior to the building department issuing the building permit.
Non-compliance with the Ithaca Energy Code Supplement is grounds for the Code Enforcement Officer to withhold a Certificate of Occupancy and impose any other enforcement measures or penalties as specified in Code Section 146-59.
Appeals: The appeals process is set forth in the Ordinance, attached as Appendix B.
If any section, paragraph, or provision of this IECS or the enabling legislation, as codified by the ordinance attached as Appendix B, shall be determined to be invalid, such invalidity shall apply only to the section, paragraph or provision adjudged invalid, and the rest of the IECS and ordinance shall remain valid and effective.
Appendix A - Lighting Power Allowances Table AA1 below provides the Lighting Power Allowances (LPA), by space type, that are used to determine compliance with Easy Path point AI4, Right Lighting.
Table AA1. Interior Lighting Power Allowances COMMON SPACE TYPESa LPA (watts/sq. ft) Atrium 0.015 per foot in Less than 40 feet in height total height 0.2 + 0.01 per ft in Greater than 40 feet in height total height Audience seating area In an auditorium 0.32 In a convention center 0.41 In a gymnasium 0.33 In a motion picture theater 0.57 In a penitentiary 0.14 In a performing arts theater 1.22 In a religious building 0.77 In a sports arena 0.22 Otherwise 0.22 Banking activity area 0.51 Breakroom (See Lounge/Breakroom) Classroom/lecture hall/training room In a penitentiary 0.67 Otherwise 0.62 Conference/meeting/multipurpose room 0.62 Copy/print room 0.36 Corridor In a facility for the visually impaired (and not used primarily by the staff)b 0.46 In a hospital 0.40 In a manufacturing facility 0.21 Otherwise 0.33 Courtroom 0.86 Computer room 0.86 Dining area In a penitentiary 0.48 In a facility for the visually impaired (and not used primarily by the staff)b 0.95 In bar/lounge or leisure dining 0.54
In a cafeteria or fast food dining 0.33 In family dining 0.45 Otherwise 0.33 Electrical/mechanical room 0.48 Emergency vehicle garage 0.28 Food preparation area 0.61 Guest room 0.24 Laboratory In or as a classroom 0.72 Otherwise 0.91 Laundry/washing area 0.30 Loading dock; interior 0.24 Lobby In a facility for the visually impaired (and not used primarily by the staff)b 0.90 For an elevator 0.32 In a hotel 0.53 In a motion picture theater 0.30 In a performing arts theater 1.00 Otherwise 0.45 Locker room 0.38 Lounge/Breakroom In a healthcare facility 0.46 Otherwise 0.37 Office Enclosed 0.56 Open plan 0.49 Parking area 0.10 Pharmacy area 0.84 Restroom In a facility for the visually impaired (and not used primarily by the staff)b 0.61 Otherwise 0.49 Sales area 0.80 Seating area, general 0.27 Stairway (See space containing stairway) Stairwell 0.35 Storage room 0.32 Vehicular maintenance area 0.34 Workshop 0.80
BUILDING TYPE SPECIFIC SPACE TYPESa LPA (watts/sq.ft) Facility for the visually impairedb In a chapel (and not used primarily by the staff) 1.11 In a recreation room (and not used primarily by the staff) 1.21 Automotive (See Vehicular Maintenance Area above) Convention Center-exhibit space 0.73 Dormitory-living quarters 0.19 Fire Station-sleeping quarters 0.11 Gymnasium/fitness center In an exercise area 0.36 In a playing area 0.60 Healthcare facility In an exam/treatment room 0.83 In an imaging room 0.76 In a medical supply room 0.37 In a nursery 0.44 In a nurse's station 0.36 In an operating room 1.24 In a patient room 0.31 In a physical therapy room 0.46 In a recovery room 0.58 Library In a reading area 0.53 In the stacks 0.86 Manufacturing facility In a detailed manufacturing area 0.65 In an equipment room 0.37 In an extra high bay area (greater than 50' floor-to-ceiling height) 0.53 In a high bay area (25-50' floor-to-ceiling height) 0.62 In a low bay area (less than 25' floor-to-ceiling height) 0.60 Museum In a general exhibition area 0.53 In a restoration room 0.51 Performing arts theater-dressing room 0.31 Post Office-Sorting Area 0.47 Religious buildings In a fellowship hall 0.32 In a worship/pulpit/choir area 0.77 Retail facilities In dressing/fitting room 0.36
In a mall concourse 0.55 Sports arena-playing area For a Class I facilityc 1.84 For a Class II facilityd 1.20 For a Class III facilitye 0.90 For a Class IV facilityf 0.60 Transportation facility In a baggage/carousel area 0.27 In an airport concourse 0.18 At a terminal ticket counter 0.40 Warehouse-storage area For medium to bulky, palletized items 0.29 For smaller, hand-carried items 0.48 a) In cases where both a common space type and a building area specific space type are listed, the building area specific space type shall apply. b) A 'Facility for the Visually Impaired' is a facility that is licensed or will be licensed by local or state authorities for senior long-term care, adult daycare, senior support or people with special visual needs. c) Class I facilities consist of professional facilities; and semiprofessional, collegiate, or club facilities with seating for 5,000 or more spectators. d) Class II facilities consist of collegiate and semiprofessional facilities with seating for fewer than 5,000 spectators; club facilities with seating for between 2,000 and 5,000 spectators; and amateur league and high-school facilities with seating for more than 2,000 spectators. e) Class III facilities consist of club, amateur league and high-school facilities with seating for 2,000 or fewer spectators. f) Class IV facilities consist of elementary school and recreational facilities; and amateur league and high- school facilities without provision for spectators.
Informative Note: Table AA1 is based on one from the Energy Conservation Code of NYS; the Lighting Power Allowances were reduced from the NYS Code to meet the needs of the IECS.
Appendix B IECS Ordinance Attach IECS Ordinance as Appendix for reference.
Appendix C IECS Compliance Documents Attach checklist, worksheet, and other compliance documents for reference.
CITY OF ITHACA 108 E. Green St. — Third Floor Ithaca, NY 14850-5690 JoAnn Cornish, Director
DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT To: Division of Planning & Economic Development Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6565 E-Mail: [email protected]
To: Common Council From: Nick Goldsmith, Sustainability Coordinator Date: April 29, 2021 Re: Ithaca Energy Code Supplement
It is with great pleasure that I submit the final drafts of the Ithaca Energy Code Supplement (IECS) and the IECS Ordinance. We look forward to discussing adoption of the IECS Ordinance at the May 5 meeting of Common Council. The Town of Ithaca is planning to discuss adoption with the Town Board in late May or early June.
Four years ago, in partnership with the Town of Ithaca, the City engaged a consultant team for the important work of crafting local legislation to reduce GHG emissions in new buildings. City staff, working with the consultant team and guided by an extraordinary level of community input, have worked to create regulations that are achievable, affordable, and impactful.
Since starting the Green Building Policy Project, the City has gone even farther: we have committed to a Green New Deal (GND) and to an equitable transition to carbon-neutrality community-wide by 2030. The Energy Code Supplement will be the biggest piece of the GND yet enacted. But it won’t be the biggest piece forever: we will soon be discussing the monumental task of shifting our entire community building stock – including all existing buildings – to become net-zero.
Questions remain. For example, will the electric grid incorporate renewables as quickly as planned by New York State? We cannot know. But we do know that electrification makes sense today. Even when assuming scenarios favorable for natural gas and unfavorable for heat pumps, we still see GHG reductions from switching to heat pumps today, and over the life of the building.
With consideration of adoption of the IECS, the City and the Town are leading the way, and hopefully will inspire other communities to take strong legislative action to reduce GHG emissions.
All changes made to the IECS since the last public draft, dated 01-28-21, have been tracked. Below is a list of many of the more substantial changes; this is not all-inclusive. 1. Timetable in future section: IECS becomes more stringent in 2023/2026 (previously 2025/2030). 2. Added clarifying language: buildings that are not heated are exempt from IECS 3. Substantially updated renewable energy systems sections 4. 2025 Prescriptive Path Summary Table added 5. Level 1 electric vehicle chargers are no longer allowed to be used to get the EV point
6. Small building/room size point: Duplexes and Townhouses will now be treated as multiple single-family homes (for this point only). So, a duplex is treated as two single family homes for the room allowances, and a 5-unit townhouse building will be treated like five single family homes. This adds a good deal of available space for the projects it affects. 7. Building/Room size point: Raised allowance for 1-BR units in multifamily from 595 to 600 sq ft (less than 1%) to align with NYS HCR requirements. 8. Greenhouse Gas Emissions Calculation-based Compliance: In C403.4.5, now allow data gathered from actual operation of combined heat and power plant. In C403.4.7, the City reserves the right to require additional documentation and/or additional third-party review at cost of applicant. Same changes made to Residential section. 9. Lighting point – clarified that lighting for signs is exempt 10. Included calculation examples for Development Density and Room size 11. Ordinance: changed language regarding posting notices
If you have any questions, please contact me at [email protected].
Short Environmental Assessment Form Part 1 - Project Information
Instructions for Completing
Part 1 – Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information.
Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item.
Part 1 – Project and Sponsor Information
Name of Action or Project: City of Ithaca Energy Code Supplement and City of Ithaca Energy Code Ordinance Project Location (describe, and attach a location map): City of Ithaca - City wide Brief Description of Proposed Action: This ordinance establishes a local energy code with requirements above and beyond the state energy code. A separate Energy Code Supplement Reference Manual provides interpretations, examples, and other resources to support the requirements set forth in this document.
The requirements set forth give priority to electrification, renewable energy, and affordability. Objectives include: ● To deliver measurable and immediate reductions in GHG emissions from new buildings, major renovations, and new additions. ● To promote best practices in the design of affordable buildings to deliver reduced GHG emissions. ● To provide a rapid but orderly transition to buildings that do not use fossil fuels for major building energy needs such as space heating and hot water heating, by 2030. Requirements for reductions in GHGs go into effect in three steps: 2021, 2025, and 2030.
Name of Applicant or Sponsor: Telephone: 607-274-6566
City of Ithaca E-Mail: [email protected] Address: 108 East Green Street City/PO: State: Zip Code: Ithaca NY 14850 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, NO YES administrative rule, or regulation?
If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that ✔ may be affected in the municipality and proceed to Part 2. If no, continue to question 2. 2. Does the proposed action require a permit, approval or funding from any other government Agency? NO YES If Yes, list agency(s) name and permit or approval: 3. a. Total acreage of the site of the proposed action? acres b. Total acreage to be physically disturbed? acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? acres
4. Check all land uses that occur on, are adjoining or near the proposed action: 5. Urban Rural (non-agriculture) Industrial Commercial Residential (suburban) □ Forest Agriculture Aquatic Other(Specify): □ Parkland
Page 1 of 3 SEAF 2019 5. Is the proposed action, NO YES N/A a. A permitted use under the zoning regulations?
b. Consistent with the adopted comprehensive plan?
NO YES 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape?
7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? NO YES
If Yes, identify:
NO YES 8. a. Will the proposed action result in a substantial increase in traffic above present levels?
b. Are public transportation services available at or near the site of the proposed action?
c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed action? 9. Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements, describe design features and technologies:
10. Will the proposed action connect to an existing public/private water supply? NO YES
If No, describe method for providing potable water:
11. Will the proposed action connect to existing wastewater utilities? NO YES
If No, describe method for providing wastewater treatment:
12. a. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district NO YES which is listed on the National or State Register of Historic Places, or that has been determined by the Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places?
b. Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory? 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain NO YES wetlands or other waterbodies regulated by a federal, state or local agency?
b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody?
If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres:
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14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: □ Shoreline □ Forest Agricultural/grasslands Early mid-successional Wetland □ Urban Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or NO YES Federal government as threatened or endangered?
16. Is the project site located in the 100-year flood plan? NO YES
NO YES 17. Will the proposed action create storm water discharge, either from point or non-point sources? If Yes,
a. Will storm water discharges flow to adjacent properties?
b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe:
18. Does the proposed action include construction or other activities that would result in the impoundment of water NO YES or other liquids (e.g., retention pond, waste lagoon, dam)? If Yes, explain the purpose and size of the impoundment:
1_9. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste NO YES management facility? If Yes, describe:
20.Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or NO YES completed) for hazardous waste? If Yes, describe:
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE
Applicant/sponsor/name: JoAnn Cornish Date: January, 13, 2021
Signature: Title: Director of Planning and Development
PRINT FORM Page 3 of 3
SHORT ENVIRONMENTAL ASSESSMENT FORM (SEAF) Part II (to be completed by staff)
In order to answer the questions in this Short Environmental Assessment Form (SEAF), the preparer is to use currently available information concerning the project and the likely impacts of the action.
PROJECT NAME: Ithaca Energy Code Supplement and Ordinance
Yes No 1. Will project result in a large physical change to the project site or physically alter □ X more than one acre of land?
2. Will there be a change to any unique or unusual land form found on the site or to any □ X site designated a unique natural area or critical environmental area by a local or state agency?
3. Will the project alter or have any effect on an existing waterway? □ X
4. Will the project have an impact on groundwater quality? □ X
5. Will the project affect drainage flow on adjacent sites? □ X
6. Will the project affect any threatened or endangered plant or animal species? □ X
7. Will the project result in an adverse effect on air quality? □ X
8. Will the project have an effect on visual character of the community or scenic views □ X or vistas known to be important to the community:
9. Will the project adversely impact any site or structure of historic, pre-historic, or □ X paleontological importance or any site designated a local landmark or in a landmark district?
10. Will the project have an effect on existing or future recreational opportunities? □ X
11. Will the project result in traffic problems or cause a major effect to existing □ X transportation systems?
12. Will the project cause objectionable odors, noise, glare, vibration, or electrical □ X disturbance as a result of the project's operation during construction or after completion?
13. Will the project have any impact on public health or safety? □ X
14. Will the project affect the existing community by directly causing a growth in □ X permanent populations of more than 5 percent over a one-year period OR have a negative effect on the character of the community or neighborhood?
15. Is there public controversy concerning the project? No
If any question has been answered YES, a completed Full Environmental Assessment Form (FEAF) is necessary.
PREPARER'S SIGNATURE: DATE: 1/13/21 PREPARER'S TITLE: Director of Planning and Development REPRESENTING: City of Ithaca 5.2 An Ordinance to Exchange Lands for and Lease Exchanged Lands to the Ithaca Community Gardens
WHEREAS, presently before Common Council is a proposal requesting that the City release its rights to the Tax Map Parcel 36.-1-3.4, which is described in a deed recorded on July 17, 1991 as Book 663, page 144 (“City Swap Parcel”), in exchange for the now-privately held parcel owned by CMC at Ithaca, Inc. (“CMC Swap Parcel”), and
WHEREAS, also before Common Council is a proposal from Ithaca Community Gardens, Inc. (“ICG”) requesting that the City lease to ICG the City’s rights to the CMC Swap Parcel upon acquisition to continue the operation and maintenance of community gardens, and
WHEREAS, the City Swap Parcel will facilitate CMC’s development of its site into a medical office building, 2 mixed-use commercial and multi-family buildings, and one affordable housing residential building, and the CMC Swap Parcel will afford the City and ICG with long-term security for the community gardens location, and
WHEREAS, in consideration for the City’s release of the City Swap Parcel in exchange for deeded rights to the CMC Swap Parcel, the City and CMC have negotiated an agreement that CMC will pay the City $82,355.00, which the parties agree represents fair value for the differential in value between the Swap Parcels, and
WHEREAS, General Municipal Law §96 affirms that a municipality’s holding of land for community gardening uses is a valid exercise of municipal powers, and it is generally agreed that community gardening is a valuable public benefit for City residents, and
WHEREAS, the City is interested in entering into a 30-year lease for $1 per year with ICG in exchange for ICG’s continued commitment to provide affordable community garden plots, especially for City residents and low-income residents, and to remain responsible for all utilities, other amenities, and responsibilities associated with the site, and
WHEREAS, the City Charter requires approval by three-fourths of the Common Council to authorize divestment or lease of real property; now, therefore
ORDINANCE 2021 –
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. Legislative Intent and Purpose. The Common Council makes the following findings of fact: A. The consideration offered by CMC is adequate to release the City’s interests in the City Swap Parcel in exchange for the CMC Swap Parcel. B. The City affirms that community gardening is a valuable public benefit to the City. C. The City desires to continue providing its lands for community gardening purposes, as leased by ICG, and this land swap between the City and CMC affords long-term stability for community gardens within the City of Ithaca.
Section 2. Approval and Execution of Deed. The Common Council authorizes and directs the Mayor, on the advice of the City Attorney, to execute such documents as necessary to affect the exchange of the City Swap Parcel for the CMC Swap Parcel including payment to the City of $82,355, and to effect the lease of lands to ICG under a lease substantially similar to the lease included herewith.
Section 3. Effective Date. This ordinance shall take effect immediately upon publication as provided in the City Charter.
LEASE AGREEMENT FOR ITHACA COMMUNITY GARDENS
THIS LEASE AGREEMENT is entered into this ____ day of ______, 2021, by and between the CITY OF ITHACA, a municipal corporation, duly organized and existing under and by virtue of the laws of the State of New York, with offices at 108 E. Green Street, Ithaca, NY 14850, hereinafter referred to as "LESSOR" and/or “City,” and ITHACA COMMUNITY GARDENS, INC., a not-for-profit corporation, duly organized and existing under and by virtue of the laws of the State of New York, with an address at Post Office Box 804, Ithaca, NY 14851, hereinafter referred to as “LESSEE” and/or “ICG.”
WHEREAS, the City of Ithaca’s Comprehensive Plan (2015) includes a bold commitment to making community gardens available to all City residents who wish to use them, and to enhancing food security for City residents; and
WHEREAS, New York State, through its policies and programs, encourages and supports the development and facilitation of community gardens on public lands; and
WHEREAS, the Ithaca Community Gardens (the largest in Tompkins County, with more than 160 plots) has been in continuous operation since 1976; and
WHEREAS, the Ithaca Community Gardens is now operated by Ithaca Community Gardens (ICG), a NYS not-for-profit entity, incorporated in 2020; and
WHEREAS, Ithaca Community Gardens strives to ensure diversity among its gardeners, and has many low-income gardeners who reside or work in the City, as well as many refugee families, maintaining plots at the Ithaca Community Gardens; and
WHEREAS, the Ithaca Community Gardens has leased land initially from New York State Electric & Gas since 1983, and since 1986 from the City of Ithaca, at an affordable cost, in exchange for its commitment to maintain and operate the Ithaca Community Gardens at that site, for the benefit of City of Ithaca residents, especially those in financial need or without other access to land suitable for growing food; and
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WHEREAS, the remainder of the Carpenter Business Park, now owned by CMC at Ithaca, Inc. (“CMC”) an affiliate of Cayuga Medical Center and surrounding the Ithaca Community Gardens, is slated to be developed, by Park Grove Realty (PGR), for a CMC medical facility, an affordable housing facility, and mixed-use (commercial/residential) purposes; and
WHEREAS, CMC and PGR have asked that a portion of the City land now leased by ICG (that is “developable”) be exchanged, by the City, for certain (“non-developable”) land within Carpenter Business Park now owned by CMC, that is of comparable size and food gardening utility, and that would be leased by the City to ICG; and
WHEREAS, ICG has reached agreement with CMC and PGR as to certain of the terms of such an exchange, including renewed infrastructure of the Gardens (including earthworks) to be provided by PGR, that would compensate ICG for the costs required as a result of the Gardens reconfiguration, contingent upon the City’s approval of said exchange as well as a new, long-term lease acceptable to ICG, and terminable by the City only in the event of ICG’s default; it is now therefore agreed that
THIS NEW LEASE, between LESSEE and LESSOR - superseding all prior such leases - is intended to recognize said land exchange and the reconfigured boundaries of the Ithaca Community Gardens, and to provide said Gardens with enhanced security and land tenure, in recognition of the substantial and unique value that LESSEE and said Gardens contribute to the City and its residents, and consistent with the City’s Comprehensive Plan.
The parties hereto agree as follows:
ARTICLE ONE: LEASED PREMISES
LESSOR shall lease to LESSEE the premises more particularly described in Schedule “A,” hereinafter referred to as the “Leased Premises” or the “Premises,” attached hereto and incorporated herein by reference, together with all the rights, privileges, easements and appurtenances thereunto belonging or attaching, including the right of quiet enjoyment, subject to the provisions, conditions and covenants contained in this Lease Agreement.
-- NEED NEW LEGAL DESCRIPTION of reconfigured City land, based on new survey -
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ARTICLE TWO: TERM OF LEASE
LESSOR hereby leases the Premises to LESSEE for an initial term (the “Initial Term”) commencing upon transfer by deed of certain lands presently owned by CMC to the City as described in the Land Swap Agreement dated ______, 2021, hereby incorporated as Schedule “E,” and ending on December 31, 2050, which term may be renewed or extended by agreement of the parties or their successors or assigns as follows:
(a) This Lease will automatically renew for one renewal term of twenty (20) years upon timely satisfaction of both of the following conditions:
i. LESSEE submits to LESSOR written notice of renewal at least 2 years and six months prior to the expiration of the Initial Term provided for herein in a format substantially similar to the notice attached as Schedule “D,” and
ii. after receiving such timely notice, LESSOR does not, by the date one year and nine months prior to the expiration of the Initial Term, notify LESSEE of its determination of non-renewal; or
(b) After the end of the renewal term, or in the event LESSEE fails to submit timely notice as indicated in paragraph (a) above and LESSOR has not otherwise notified LESSEE of its determination of non-renewal, the Lease shall renew on an annual term, and LESSOR may terminate the lease upon no less than 9 months notice prior to the termination of the then-current annual term.
ARTICLE THREE: RENT
For and in consideration of the leasing aforesaid, LESSEE hereby covenants and agrees to pay to LESSOR, as and for rent for the Leased Premises, the sum of $1 per year, which sum is hereby acknowledged by LESSOR to have been paid in advance for the entire term of this lease, at the time of execution of this Lease Agreement. As and for additional consideration, the substantial and unique value of which is acknowledged by LESSOR, LESSEE agrees to operate, maintain and oversee a public community garden program for the City of Ithaca and its residents, as described in ARTICLE FOUR hereof, for the term of this Lease, utilizing the Leased Premises. LESSEE shall be solely responsible for payment of any and all fees or bills associated with utility
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use, assessments or taxes which may be imposed upon the Leased Premises.
ARTICLE FOUR: USE AND MAINTENANCE OF PREMISES
a) LESSEE agrees that gardening operations on either side of the Leased Premises shall not resume after the infrastructure on that side is renewed by PGR until the garden plot layout, one bay of the storage shed, and the compost area has been installed on that side in accordance with the approved site plan. All fencing to be installed by LESSEE on either side of the Leased Premises must be completed within six months after gardening resumes on that side, but in no event shall the fencing be installed later than 6 months from the date the City issues a Certificate of Occupancy for the CMC medical facility. LESSEE’s failure to comply with this subparagraph (a) shall constitute default under the terms of this Lease.
b) LESSOR affirms the public benefit provided to residents of the City of Ithaca by the existence and operation of the Community Gardens at the Leased Premises. LESSEE covenants and agrees that it will, during the period of this lease, reasonably continue to use said Premises and any buildings and improvements situated thereon for public community gardens as that term is defined in the Ithaca City Code, and to operate, maintain and oversee the Community Gardens, as a benefit for the City of Ithaca, with participation open to the general public, specifically for but not limited to City residents and low-income gardeners, and to provide outreach to and accessibility for low income gardeners. In addition, the Premises will be open during daylight hours to visits by members of the general public, with reasonable posted regulations designed to protect the tools, materials, and garden plots of duly registered gardeners and LESSEE’s materials, tools and improvements.
c) LESSEE further covenants and agrees that at all times during the lease term:
1. The Premises, including the buildings and improvements situated thereon or connected therewith and all appurtenances thereto and equipment thereof, shall be kept by LESSEE at its own expense in good repair and in a clean and safe condition and in conformity with the requirements of all municipal, county, state and federal laws, rules and regulations, in a manner consistent with the Maintenance Policy attached hereto as Schedule B;
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2. All health, police, zoning, fire, building, subdivision, and other regulations shall, in all respects, be fully complied with by LESSEE and, in particular, that at the end of the growing season the Premises will be appropriately cleaned and winterized, also in a manner consistent with the attached Maintenance Policy; and
3. LESSEE will not remove or permit to be removed any existing building or improvement from the Premises except with the consent of LESSOR or as provided for in this Lease (such as is shown in the approved site plan, or at termination of the lease term).
d) It is hereby agreed that the attached Schedule B (“Maintenance Policy”) may be modified or amended by signed written agreement of LESSEE and the Mayor and Planning Director of the City of Ithaca, on behalf of LESSOR. If at any time, LESSOR determines that LESSEE does not meet the standards of maintenance as described in this lease, then and in that event, LESSOR shall so inform LESSEE in writing. LESSEE shall have sixty (60) days thereafter to either correct said deficiency or deficiencies or submit a plan along with a request for additional time if needed, such additional time not to be unreasonably withheld by LESSOR.
e) LESSEE agrees to provide a gardener membership plan ensuring that City residents and low-income gardeners that wish to garden on the Leased Premises have an opportunity to do so, within the constraints imposed by the total number of garden plots available. Such a plan shall be incorporated into this Lease by reference and LESSEE shall provide to LESSOR a copy of any updates or amendments to the plan.
ARTICLE FIVE: IMPROVEMENTS
It is understood and agreed that in the event that LESSEE shall construct, erect or install buildings and structures or landscaping upon the Premises during the term of this Lease Agreement, or any extension thereof, such buildings shall be used solely for the purposes set forth in ARTICLE FOUR hereof. LESSEE is authorized, subject to applicable laws and permitting requirements, to contract and/or perform the work necessary to implement the improvements shown in the site plan attached hereto as Schedule C, and to authorize contractors, including PGR and its subcontractors, to access the site as necessary to perform such improvements. With the
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exception of the structures shown in the site plan, ICG’s installation or construction of any additional structures with a footprint larger than 250 square feet shall require the approval of the Common Council of the City of Ithaca, which approval may be granted based on a map showing the proposed location and approximate size of the structure. Any other improvements proposed by LESSEE shall be subject to City of Ithaca site plan review, if applicable.
ARTICLE SIX: WATER, SEWERAGE, AND PARKING
LESSEE shall be responsible for construction, repair, replacement and maintenance of any water or sewer lines on the premises or between the existing City utility main and the Leased Premises, for use by LESSEE, in accordance with LESSOR's engineering criteria. In particular, LESSEE shall be responsible for the installation, maintenance and testing of backflow protection device(s); the winterization of all such water and sewer lines and appurtenances; and for the scheduling of seasonal turn on and shut off of water. LESSEE shall be responsible for payment for all utilities used on the Leased Premises. LESSOR shall have no responsibility for developing parking areas for use by LESSEE, and LESSEE shall be solely responsible for maintenance and repair of any parking areas developed by LESSEE.
ARTICLE SEVEN: INSURANCE
a) LESSEE shall keep the improvements insured against liability and fire or other hazards and, except as otherwise provided for in this article, shall save LESSOR harmless and indemnified at all times against any loss, damage, penalties, costs and expenses, judgments and decrees, by reason of any of the following:
1. a failure so to do in any respect or by reason of any violation of any of the laws, rules or regulations above referred to, or
2. any accident, loss, wrong, injury, or damage to person, life or property in or about said Premises, including but not limited to for any negligence of LESSEE in the making of any improvements to the Premises, or
3. any use which may be made of the Premises or the buildings and improvements thereon, or
6
4. any act or thing done or omitted to be done or by reason of anything happening in connection with or upon the Premises or in any building situated thereon or improvement connected therewith, or
5. the failure of LESSEE in any respect fully to carry out and perform any of the covenants, agreements, provisions or undertakings in this lease on its part to be performed.
b) Proof of insurance and the inclusion of LESSOR as an additional insured in all such policies of insurance shall be provided in writing to LESSOR.
c) LESSEE shall maintain liability insurance coverage upon the Leased Premises, in the initial, minimum amount of $1,000,000 per occurrence and $2,000,000 in the aggregate and shall ensure that the City of Ithaca is named as an additional insured on such policy. The minimum amount of required coverage shall be subject to reasonable, periodic adjustment by the City, upon prior written notice to LESSEE of at least 6 months.
d) LESSEE shall provide written documentation to City that required coverage is in place, at the time of execution of this lease agreement, at least annually thereafter, within a month after the annual insurance renewal date, or at other times upon request.
e) LESSEE shall keep the Premises insured as provided for herein, the amount of insurance coverage shall be as reasonably approved by the LESSOR, and proof of insurance and the inclusion of LESSOR as an additional insured in all such policies of insurance shall be provided in writing to LESSOR. It is mutually covenanted and agreed by and between the parties hereto that the proceeds of any and all policies of fire insurance covering any building or buildings at any time situated upon the Premises shall be used as a trust fund towards the repair, reconstruction, building or rebuilding of such building or buildings, unless the parties agree otherwise in writing.
ARTICLE EIGHT: DEFAULT
Notwithstanding any other provisions herein, LESSEE’s right to occupy the Premises may be terminated by LESSOR prior to the end of the demised term of this Lease Agreement under any one of the following conditions:
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a) If LESSEE shall, at any time during the term of this lease, fail in the performance or permit the violation of any of the covenants, conditions, terms or provisions of this Lease Agreement, including but not limited to the attached maintenance policy, or such superseded policy approved by the Mayor and Director of Planning and Development, which, on the part of LESSEE, are or ought to be observed, performed, or fulfilled and, except where a specific time is herein provided for the performance of any covenant or condition, when such default is not cured within sixty (60) days after notice and demand have been given by LESSOR (except that the City may impose a reasonably shorter period for failures or violations related to life safety matters); or
b) If, during the demised term, LESSEE shall be adjudicated bankrupt or make a general assignment for the benefit of creditors, or shall take the benefit of any insolvency act, or if a temporary or permanent receiver or trustee in bankruptcy is appointed for LESSEE’s property and such appointment for a temporary receiver is not vacated and set aside within ninety (90) days from the date of such appointment, or in the event of any attempted transfer or other devolution of the interest (or any part thereof) of LESSEE, to any other person or corporation, by reason of the acts and things hereinabove last enumerated; or
c) If LESSEE shall fail to use said Premises for the purposes of a public community garden, as hereinbefore described in ARTICLE FOUR, for one full year during the term of this Lease, unless such failure is the result of an act of nature (such as a major flooding event), or any act of the City of Ithaca, or any other governmental entity, or NYSEG, pursuant to the easements held by such entities, or the failure of PGR to provide the renewed infrastructure as promised (which failure of PGR shall provide LESSEE a total window of up to two years of “failure to use” under the first clause of this sub-paragraph (c) before termination would occur); or
d) If, at any time during the term of this Lease, LESSEE or its successor or assignee shall cease to be or cease to operate under the fiscal sponsorship of a not-for-profit corporation.
In any of the events enumerated above, LESSOR may at its option, and upon sixty (60) days notice (or additional notice) in writing, served as provided in ARTICLE TEN hereof, terminate this Lease, and this Lease and the term thereof shall automatically cease and terminate at the expiration of said sixty (60) day period; and it shall be lawful for LESSOR, at its option, to enter the Premises or any part thereof and to have, hold, repossess and enjoy the said Premises,
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and LESSOR shall have the right to recover the said Premises and to remove all persons therefrom by summary proceedings or by any other legal action or proceedings.
ARTICLE NINE: TERMINATION
LESSEE may terminate this lease at any time by giving a minimum of thirty (30) days written notice to LESSOR.
Notwithstanding the provisions of Articles Two and Eight above, this lease shall not be terminated for any reason by LESSOR without action of the City of Ithaca Common Council, preceded by written notice to LESSEE of the intention to hold a final vote on such action.
ARTICLE TEN: NOTICES
Any notice which may be required under the terms of this Lease shall be given in writing, personally to:
For LESSOR: Mayor, City of Ithaca 108 East Green Street Ithaca, New York 14850
and
Attorney for the City 108 East Green Street Ithaca, New York l4850
and
For LESSEE: Ithaca Community Gardens, Inc. P.O. Box 804 Ithaca, New York 14851
and
or any subsequent address supplied by LESSOR or LESSEE.
Notice to LESSEE of non-renewal, intention to conduct a final vote on non-renewal, or any defaults which may result in lease termination, shall be delivered by certified mail, return receipt requested. Notice of intention to conduct a final vote on non-renewal shall be delivered a
9
minimum of ten (10) days in advance of such vote.
ARTICLE ELEVEN: ASSIGNMENT
It is hereby covenanted and agreed by and between the parties hereto that LESSEE may not sell, convey, or assign its interest in the Premises and in any structures or improvements thereon, to a successor or any other party, without the written consent of LESSOR. Such consent shall not be unreasonably withheld by LESSOR if said proposed successor or assignee is a local, not-for-profit entity with the capacity to operate and maintain the Community Gardens in a manner similar to that provided by LESSEE or is a fiscal sponsor of LESSEE for tax purposes. The approval of one assignment by LESSOR shall not constitute approval for any subsequent assignment.
ARTICLE TWELVE: SURRENDER OF PREMISES; DISPOSITION OF IMPROVEMENTS
Upon the termination of this Lease, as a result of default (per ARTICLE EIGHT) or upon its expiration (the expiration of the Initial Term or any renewal term, per ARTICLE TWO, if applicable), LESSEE covenants and agrees to surrender the Premises, peaceably and at once, and to deliver up the same to LESSOR, subject to the remaining provisions of this Article. LESSEE shall be entitled – but not required – to remove from the Premises any improvements LESSEE has made to said Premises, including but not necessarily limited to any structures (e.g., sheds, fencing, gazebo) and the topsoil from the gardens (defined as the top eight inches of soil), provided that a relocation site requires topsoil. Any such removal must occur prior to said termination date, must be complete (i.e., without leaving debris, hazards, or holes in the ground) and shall be at LESSEE’s sole cost.
ARTICLE THIRTEEN: CONDEMNATION
If any person or corporation, municipal, public, private or otherwise, shall, at any time during the term of this lease, lawfully condemn and acquire title to the Premises or any portion thereof, or to any building or the appurtenances now or hereafter erected thereon, or to any easement therein, in or by condemnation proceedings pursuant to any law, general, special or otherwise, then, in that case, LESSOR shall be entitled to and shall receive the entire award or payment therefor; and LESSEE shall assign and does hereby assign and transfer to LESSOR such
10
award or payment as may be made therefor. LESSOR, in any event, shall be entitled to receive any and all awards or payments made for any buildings and the appurtenances which shall be so taken or for any damages thereto, free, clear and discharged of every claim of every kind whatsoever by or on the part of LESSEE, except as hereinafter specifically provided, and such award or payment is hereby transferred and assigned to LESSOR by LESSEE; and LESSEE hereby further agrees that for the purpose of obtaining such award or payment, and for all other purposes, all the buildings and improvements now standing upon the Premises are the sole and absolute property of LESSOR and that in no event and under no circumstances shall LESSEE be entitled to receive or retain any award or payment or any part thereof except as hereinafter specifically provided. Notwithstanding anything hereinbefore contained to the contrary, if LESSEE shall have commenced or completed the erection of a new building or buildings or other improvements and such condemnation takes place after the commencement or completion of the said new building or buildings, then LESSOR agrees to pay LESSEE out of the condemnation award or payment when paid, a sum equal to the amount awarded or paid in condemnation as the value of such building or improvements. If, in the condemnation proceeding, the value of the land and of the buildings and other improvements are not separately determined, then the value of the building or other improvements shall be determined by arbitration. LESSOR agrees to give LESSEE notice of any condemnation proceedings immediately upon knowledge of such proceedings.
ARTICLE FOURTEEN: NON-DISCRIMINATION
It is mutually understood and agreed that LESSEE, in the employment of its agents, contractors and/or employees, shall not discriminate against any employee, applicant for employment, subcontractor, supplier of materials or services or program participant because of actual or perceived age; creed; color; disability; domestic violence victim status; ethnicity; familial status; gender; gender identity or expression; height; immigration or citizenship status; marital status; military status; national origin; predisposing genetic characteristics; race; religion; sex; sexual orientation; socioeconomic status; or weight.and any construction contract entered into by LESSEE shall contain such a nondiscriminatory clause. LESSEE is committed to ensuring that the opportunity to secure and maintain a plot at its Community Gardens is available to those with a disability (as defined by the Americans with Disabilities Act) on terms otherwise comparable to
11
those applicable to gardeners without a disability.
ARTICLE FIFTEEN: TAXES
If, during the term of this Lease, the tax assessor of Tompkins County determines that the Leased Premises are not tax exempt, this lease shall be deemed void, unless LESSEE agrees to pay – and in fact does timely pay – any taxes levied upon the Premises. In the event that this Lease is deemed void for that reason, the parties shall attempt in good faith to re-negotiate the Lease terms.
ARTICLE SIXTEEN: MISCELLANEOUS PROVISIONS
a) Waivers of Lien. LESSEE covenants and agrees that LESSEE will not make any contract or agreement, either verbal or written, for labor, services, materials or supplies in connection with any improvements at any time situated upon the Premises without securing in such contract or agreement a waiver or waivers of lien against LESSOR's interest in the Premises; and it is expressly understood and agreed, and notice is hereby given, that no persons, firms, or corporations furnishing labor, materials or services for the construction, reconstruction, alteration or addition to any building at any time during the term hereof situated upon the Premises shall have any lien upon LESSOR's interest in the Premises and that any and all liens upon LESSEE's estate and interest in the Premises and the buildings and improvements situated thereon shall be subject to the prior rights of LESSOR under the terms and provisions of this Lease Agreement, and no authority is given by this Lease to LESSEE, expressly or impliedly, to bind LESSOR for the payment of any money in connection with the construction, repairing, alterations, additions or reconstruction work on the Premises, nor is there any authority given LESSEE by this lease, directly or indirectly, to permit any mechanic’s lien, materialman's lien, or contractor’s lien to arise against LESSOR's interest in the Premises or the buildings or improvements thereon, and LESSEE expressly agrees that it will keep and save the Premises, and LESSOR, harmless from all costs and damages arising from any such liens or lien of any character created through any act or anything done by LESSEE.
b) Title. LESSOR represents and warrants that it is the owner in fee of the Premises, as described in Schedule “A,” attached hereto, free of all liens and encumbrances.
12
c) Severability. In the event that any term, condition, clause or provision of this agreement shall be deemed null and void, the remaining terms, conditions, clauses and provisions of this lease agreement shall remain in full force and effect, unless the rights of either party are materially affected by the deletion of such term, condition, clause or provision, in which case either party may elect within 90 days after the date of the notification to declare said Lease null and void in its entirety.
d) Hours of Operation. Notwithstanding any apparently contrary stipulation in the Ithaca City Code (except for time limitations on the use of power equipment), gardening-related activity at the Premises may occur at any time between dawn and 10:00 pm.
ARTICLE SEVENTEEN: RIGHT TO INSPECT
LESSOR shall have the right to inspect any part of the Premises without notice at any time.
THIS AGREEMENT supersedes and replaces any other such lease or agreement previously executed by the parties hereto, and shall be binding upon the parties and their successors or assignees in title.
IN WITNESS WHEREOF, the parties hereto have placed their hands and seals as of the date(s) set forth below.
13
CITY OF ITHACA
Date: ______By: ______Svante Myrick, Mayor
ITHACA COMMUNITY GARDENS, Inc.
Date: ______By: ______Martha Hiller, President
STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss:
On this ______day of ______, 2021, before me, the undersigned, a Notary Public in and for said State, personally appeared SVANTE L. MYRICK, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person of which the individual acted, executed the instrument.
______Notary Public
STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss.:
On this ______day of ______, 2021, before me, the undersigned, a Notary Public in and for said State, personally appeared MARTY HILLER, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person of which the individual acted, executed the instrument.
______Notary Public
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SCHEDULE A
-- MUST BE REVISED --
The Premises leased to Ithaca Community Gardens, Inc., by the City of Ithaca, pursuant to a Lease Agreement executed in 2021 between said parties, consist of the following:
ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Ithaca, County of Tompkins and State of New York, shown as “Parcel A” and “Parcel B” (both of which are also denoted as “Community Gardens”) on a survey map entitled “Survey Map - Carpenter Business Park, Third Street and New York State Route 13, City of Ithaca, Tompkins County, New York,” dated 6/1/2001 and as revised on 2/15/02, more particularly bounded and described as follows:
PARCEL A: Commencing at a pin set in the southeasterly boundary of lands reputedly of the Norfolk Southern Railroad, where said boundary intersects with a northeasterly line of premises (demarcated as 'Parcel F' on the above-referenced survey map) conveyed by Building Links, Inc., to Templar, LLC, by deed dated February 20, 2002, which deed was recorded on February 22, 2002, in the Tompkins County Clerk’s Office in Liber CD2504 of deeds at page 965, said point of beginning being located 691.28 feet southwesterly from a pin set in the southerly line of Third Street Extension; running thence North 34 degrees 41 minutes 32 seconds East a distance of 419.10 feet to a point in said boundary of lands of the Norfolk Southern Railroad; running thence southerly on a curve to the left, an arc distance of 65.82 feet, with a chord running South 4 degrees 4 minutes 54 seconds West for a chord distance of 65.60 feet, along the westerly line of a roadway known as Carpenter Circle; running thence South 4 degrees 7 minutes 11 seconds East a distance of 85.80 feet along said line; running thence on a curve to the right, an arc distance of 97.88 feet, with a chord running South 15 degrees 54 minutes 37 seconds West for a chord distance of 95.90 feet, along said line; running thence South 35 degrees 56 minutes 24 seconds West a distance of 203.2 feet to a point marked by a pin set in said line; running thence North 56 degrees 14 minutes 08 seconds West a distance of 113.65 feet to the point or place of beginning.
PARCEL B: Commencing at a point 0.2 feet easterly of a chain link fence dividing what is demarcated on the above-referenced survey map as “Parcel B” and 'Parcel H' from New York State Route 13, which point is located South 33 degrees 47 minutes 32 seconds West a distance of 247.00 feet, approximately along said chain link fence, from the intersection of New York State Route 13 with a southeasterly boundary of land reputedly of Benjamin; running thence South 33 degrees 47 minutes 32 seconds West a distance of 228.30 feet to a point marked by an iron pin; running thence North 56 degrees 11 minutes 5 seconds West a distance of 196.92 feet to a point marked by an iron pin set in the easterly line of a roadway known as Carpenter Circle; running thence North 35 degrees 56 minutes 24 seconds East along said line for a distance of 201.00 feet to a point; running thence on a curve to the left, an arc distance of 139.83 feet along said line, with a chord running North 15 degrees 54 minutes 37 seconds East for a chord distance of 137.00 feet, to a point marked with an iron pin; running thence South 30 degrees 54 minutes 28 seconds East
15
a distance of 264.72 feet to the point or place of beginning.
Being a portion of the premises conveyed to the City of Ithaca by deed from the New York State Electric and Gas Corporation dated February 21, 1986 which deed was recorded in the Tompkins County Clerk’s Office on March 13, 1986 in Liber 615 of Deeds at page 797.
TOGETHER WITH the right of access to and along the street commonly known as Carpenter Circle, for the purpose of providing access (from Third Street) by the public to the premises leased from the City of Ithaca by Project Growing Hope, Inc., which right was retained when said street was conveyed by the Ithaca Urban Renewal Agency to Building Links, Inc.
SUBJECT TO rights retained by the New York State Electric and Gas Corporation in the aforesaid deed for permanent easement and rights of way upon, over, across and under the above described premises as more particularly set forth in the aforementioned deed from the New York State Electric & Gas Corporation to the City of Ithaca.
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SCHEDULE B
Maintenance Policy
These maintenance requirements are based upon, and adapted from, existing City requirements for Neighborhood Gardens, found in City Code Section 325-10 (C) (3) (b) through (l), entitled “Additional Conditions for Special Permits, Conditions for Neighborhood Gardens”. Community Gardens are larger and have more varied functions than Neighborhood Gardens, and the City Code does not include general maintenance requirements for Community Gardens.
(a) The area to be used will be operated in a responsible manner at all times so as not to present a nuisance to or interfere with the use or enjoyment of neighboring private or public property. (b) Unused portions of the site shall be maintained in a neat and orderly manner at all times. (c) Gardening activity on individual or shared plots must be confined to the hours of dawn to 10:00 p.m., except that power machinery shall not be operated before 8:00 a.m. or after 8:00 p.m. (d) Power or motorized machinery used in preparing and maintaining individual or shared plots shall be no larger than that normally used in connection with home gardening (e.g., a typical walk-behind rototiller). (e) Farm tractors or other heavy machinery shall not be employed on the site except for initial site development and for annual spring preparation and fall cleanup, if necessary. In those instances, it shall be operated only between 8:00 a.m. and 6:00 p.m. weekdays. (f) Mulch, compost, or organic fertilizer employed in the gardening is confined to the site in a neat and orderly manner, and no fresh manure shall be used or composted. (g) All non-compostable organic refuse and trash from the gardening operations shall be promptly and properly disposed of on at least a weekly basis and, pending disposition, it shall be stored neatly in such a way that it does not produce offensive odors or attract dogs, raccoons, or vermin. (h) Noxious fertilizers or noxious chemicals employed in the gardening are used only with the knowledge and consent of all gardeners using the site, all adjoining property owners, and, in the event that adjoining properties are rental residential properties, with the knowledge and consent of the head of each tenant household. (i) No flammable liquids shall be stored on the site, with the exception of fuel for mowers and trimmers, stored under conditions approved by the Ithaca Fire Department. (j) Noise and odors produced in connection with the gardening activity shall be no greater than those normally associated with home gardening, and noise and odors produced in connection with educational activities, work parties, or community events shall be no greater than those normally associated with such activities. (k) The entire site will be cleaned and left with a neat appearance at the end of each gardening
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season. (l) The site may be used for all aspects of gardening, including winter gardening and allowing plants to go to seed. (m) All sheds, fencing, paths and other fixtures or structures on the site shall remain in good repair.
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SCHEDULE C
Site Plan
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SCHEDULE D
LEASE RENEWAL NOTICE
Must be mailed on or before June 30, 2048
To City Clerk and City Attorney:
Pursuant to Article 2 of the Community Gardens Lease between Ithaca Community Gardens, Inc. and the City of Ithaca, executed on , 2021, this notice serves to notify the City that the Initial Term of the Community Gardens Lease ends on December 31, 2050. Absent the City’s notice of non-renewal, as described in this Lease Renewal Notice and in Article 2 of the Lease, the Lease and all terms and conditions shall automatically renew for a 20 year renewal term ending December 31, 2070.
If the City intends to take a final vote regarding non-renewal of the lease, it shall provide prior written notice to Ithaca Community Gardens, Inc. by certified mail. We would also greatly appreciate if the City can provide earlier informal notice of any public deliberations leading up to such a vote. If the City decides not to renew the lease, the City shall so notify Ithaca Community Gardens, Inc. in writing by certified mail no later than March 31, 2049.
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SCHEDULE E
Land Swap Agreement
21 TAX ACCOUNT NO. 43.00-02-005.23 N/F CARPENTER BUSINESS PARK
S58°36'18"W MAP
N58°36'18"E MAP
(UNOPENED STREET)
℄ 195.36'
205.63' ADAMS STREET
N 31°21'51" W MAP W 31°21'51" N 62.27'
LP
LP
S 31°25'21" E MAP E 31°25'21" S N 33°36'32" E MAP LP
146.45' 14+56 LP
LP PP
CO 4"
CO 4" CO 4"
166.02' (UNOPENED STREET) (UNOPENED
℄
SEVENTH STREET SEVENTH 14+00 S31°25'21"E MAP
S01°11'47"W MAP
G
N58°59'08"E MAP
15.64'
MB 1.02'
AC
172.51'
BIO RETENTION
G.I. #7 13+00
N 33°36'32" E MAP PP
E 0+00
731.22' (LOT 1)
N 31°05'21" W MAP W 31°05'21" N 12+00
RADIUS 90.00' RADIUS
Δ 145° 11' 05" 11' 145° Δ A.L. 228.06' A.L.
S 32°55'29" W MAP 1+00 BIO RETENTION BIO RETENTION
G.I. #4
G.I. #6
PROPOSED ACCESS PROPOSED
UP
EASEMENT FROM EASEMENT PP
LOT 1 TO LOT 2 LOT TO 1 LOT 11+00
166.78' 13,700 SF FOOTPRINT
BUILDING D
5 STORIES 271.25' 2+00
199.75'
LOT 1 TO LOT 2 LOT TO 1 LOT
EASEMENT FROM EASEMENT
PROPOSED ACCESS PROPOSED
RADIUS 90.00' RADIUS
0+00 Δ 65° 46' 41" A.L. 103.32' A.L. S 06°06'16" W MAP 10+00 BIO RETENTION
G.I. #5 4/2 STORIES MIXED USE 7.15'
BUILDING C 23,678 SF FOOTPRINT
NEW YORK STATE ROUTE 13 103.83' 3+00 3+02 64 UNITS RADIUS 15.00' Δ 98° 12' 48"
22.16' A.L. 25.71'
BIO RETENTION G.I. #3 1+00
BIO RETENTION G.I. #1 BIO RETENTION G.I. #3 G.I. RETENTION BIO
9+00
S 34°47'52" W MAP
S 34°47'52" W MAP
S 23°34'32" W MAP #3 G.I. RETENTION BIO
X 257.14'
X X
2+00 279.30' 173.58' 112.04' X 276.90' X X 365.03' 8+00
X X
10 X X 10
10 N 56°14'08" W MAP W 56°14'08" N
X 2+96
4/2 STORIES MIXED USE
BUILDING B
37,459 SF FOOTPRINT X
113.63' X
102 UNITS 133.74' S 35°56'24" W MAP ACCESS PROPOSED X
7+00 FROM EASEMENT
X LOT 2 TO LOT 1 LOT TO 2 LOT 73.83'
X X
X X
RADIUS 1027.00' A.L. 27.44'
X
S 33°47'32" W MAP Δ 01° 31' 51" X 225.43'
RADIUS 971.96' N 56°11'05" W MAP W 56°11'05" N A.L. 25.97' X Δ 01° 31' 51"
COMPACT
COMPACT 6+00
101.74' 203.19' X
X NORTH MEADOW STREET 196.92' X 41.13' S 35°56'24" W MAP
CARPENTER PARK X X
X 149.03'X X X N 34°41'32" E MAP
X
S 35°56'24" W MAP X 115.93' X
BIO RETENTION X
99.26' G.I. #2 119.91'
5+00 X X S 33°47'32" W MAP X
62.39'
X X X
X
X X X 419.03' X X
RADIUSA.L. 140.00'97.90'
85.41' X
Δ 40°03' 35" X X X RADIUSA.L. 116.33'81.29' Δ 40° 02' 08"
X X N 04°07'11"85.80' W MAP
X 4+00 A.L. 65.75' NEW YORK STATE ROUTE 13 RADIUS 230' RADIUSA.L. 127.33' 93.08' Δ 16° 22' 45" A.L. 139.83' RADIUS 200.00' Δ 41° 59' 34" X
165.91' Δ 40° 03' 35" X X 80.33' X
S 33°47'32" W MAP X S04°07'11"E MAP 12.80' 3+00
36.85' 73.63'
X 22.08'
X S 30°54'28" E MAP E 30°54'28" S
X
X 50.92'
X
X 170.32'
X
X
X E 30°54'28" S
RADIUS 170.00' RADIUS
94.40' N 58°59'32" E MAP
Δ 62° 40' 00" 40' 62° Δ A.L. 185.94' A.L.
X X
HVAC
X
N 34°17'32" E MAP X
X
X 2+00
X X 101.20'
S 58°59'32" W MAP
S 33°47'32" W MAP MAP N34°14'43"W 4 STORY APARTMENT BUILDING 10.12'
217.82'
219.48' 11,968 SF N 58°41'06" E MAP 42 UNITS
185.25' S 58°32'49" W MAP 247.00' 257.14'
E
1+00 GV
122.70'
LOT 1 TO LOT 2 LOT TO 1 LOT
EASEMENT FROM EASEMENT
PROPOSED ACCESS
82.72'
196.86'
S 31°27'28" E MAP E 31°27'28" S
239.87' GV 43.01' GM ON BLD
0+00
THIRD STREET THIRD DMH City of Ithaca, County Of Tompkins, (585) - 481 6091 No. Rochester, New York 14607 Park Grove Realty, LLC 46 Prince Street ARTICLE 147 SECTION 7307. THESE PLANS ARE COPYRIGHT PROTECTED VIOLATION OF STATE EDUCATION LAW ARTICLE 145 SECTION 7209 AND UNAUTHORIZED ALTERATIONS OR ADDITIONS TO THIS DRAWING IS IN 2. 10.26.20 M.N. UPDATE LOTS 1 AND 2 Scale: Drawing No. Date OWNERS. CERTIFICATIONS ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT CERTIFICATION INDICATED HEREON SHALL RUN ONLY TO THE PERSON(S) FOR WHOM COPY. OR EMBOSSED SEAL AND INKED SIGNATURE SHALL BE CONSIDERED A TRUE VALID ONLY COPIES FROM THE ORIGINAL OF THIS SURVEY MARKED WITH AN INKED 5. 02.22.21 A.S. UPDATED LOTS 1 AND 2 3. 01.15.21 T.H. UPDATE PER PROPOSED LANDSWAP THE SURVEY WAS PREPARED, AND ON THEIR BEHALF TO AGENCIES LISTED HEREON. 1. 09.01.20 A.S. LAND SWAP OMITTED 4. 01.27.21 A.S. UPDATED LOTS 1 AND 2 Project No. Drafted by Project Manager Principal-in-Charge Rochester, NY 14614 Fax: (585) 325-1691 242 West Main Street, Suite 100 (585) 325-1000 Passero Associates Carpenter Business Park New York State Route 13 SUB-1 Proposed Subdivision PASSERO ASSOCIATES Date Engineering 20172440.0003 SAN MH JANUARY-2021 079.140-0001-040.11 T CITY OF ITHACA PM State of New York Third Street at Tax Account No. By 1" = 40'
Revisions
Water Valve
Sign Post (Single)
Manhole Electric Manhole (Unkown Type)
Manhole Sanitary Sewer Manhole Storm Drainage Manhole Inlet Storm Drainage
Utility Pole with Light Utility Pole Anchor Wire Utility Pole Water Service
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Gas Valve LEGEND SITE Sheet No. A.J.S. R.A.V. D.J.S. Description 1 of Architecture c INDIVIDUAL MEMBER FILED RESOLUTIONS: 6.1 Resolution in Support of the NY Health Act
WHEREAS our current healthcare system leaves many New Yorkers underinsured or uninsured, and millions of New Yorkers, even those with commercial insurance plans, must ration healthcare because they cannot afford it, sometimes with devastating consequences; and
WHEREAS the United States spends twice as much on healthcare as any other country, yet we have worse outcomes when compared to other OECD countries, in terms of lower life expectancy, higher maternal and infant mortality, and shameful iniquities linked to race, gender, and income; and
WHEREAS the coronavirus pandemic has exposed the weakness in our healthcare system, triggering an economic downturn that caused millions of New Yorkers to lose their jobs and their health insurance, many of them low-income people of color who already faced many challenges in accessing healthcare due to financial and other barriers, even as health insurance companies make record profits; and
WHEREAS the New York Health Act will guarantee coverage to every resident providing the healthcare New Yorkers need, including vision, dental, hearing reproductive health, substance-use treatment, mental health and long-term care and support services; and
WHEREAS according to a study by the RAND Corporation1, the New York Health Act eliminates the wasteful spending business practices of private health insurance companies, so that 90% of New Yorkers will pay less than they do now for healthcare, even as access to care increases, and the same study showed that overall costs will be lower than in the current system, and
WHEREAS The New York Health Act will eliminate the burdensome paperwork and complexity associated with billing, allowing our doctors and nurses to focus on providing care, not fighting insurance companies; now, therefore, be it
RESOLVED, That the Ithaca Common Council supports the passage of the New York Health Act and looks forward to a future healthcare system that prioritizes care as a matter of racial and economic justice, as well as improving the public health infrastructure to respond to this pandemic, and future public health threats to New York State, and, be it further
RESOLVED, That a copy of this resolution be sent to Governor Andrew Cuomo, State Senator Thomas O’Mara, and Assembly Member Anna Kelles.
1 An Assessment of the New York Health Act: A Single-Payer Option for New York State” https://www.rand.org/pubs/research_reports/RR2424.html