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HomeMy WebLinkAboutTB Minutes 1984-03-12 TOWN OF ITHACA REGULAR BOARD MEETING March 12 , 1984 At a Regular Meeting of the Town Board of the Town of Ithaca , Tompkins County , New York , held at the Town Offices at 126 East Seneca Street , Ithaca , New York , at 5 : 30 P . M . , on the 12th day of March , 1984 , there were : ® PRESENT . Noel Desch , Supervisor George Kugler , Councilman Shirley Raffensperger, Councilwoman Marc Cramer , Councilman Gloria Howell , Councilwoman Robert Bartholf , Councilman ABSENT . Henry MCPeak, Councilman ALSO PRESENT : Robert Parkin , Highway Superintendent Lawrence Fabbroni , Town Engineer Doria Higgins , 2 Hillcrest Drive Kevin Lewis , Fleck & Lewis Architects Selene Alexander , ITD Group , Inc . Representatives of the Media : Brian G . Bloule , WQNY Mary Earle , WHCU PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance . REPORT OF TOWN OFFICIALS Supervisor ' s Report Sewer Project Status Supervisor Desch stated that he would like to read a letter from James G . Van Hoesen , of the New York State Department of Environmental Conservation ( copy attached ) that brings a great deal of satisfaction and one which will trigger a series of steps that will lead to construction of this long awaited project . This means that within 45 days we will have the Grant Offer . The documents have been released for printing and will be released to contractors on or about March 22 and bids scheduled to be opened on ® May 2 , 1984 . If the Grant Offer comes through in this amount , we would release our joint brocure for public bidding of $12 , 500 , 000 in BANS . This represents the cash flow needs for four quarters , starting six months into the project . Since that money will not be available , because of the bid period , for four to six weeks after opening the construction bids we will need approximately one million dollars to make the initial two months of payments to the contractor . Therefore , at the April meeting , we will be considering approval of a resolution to borrow the Towns share of the $ 1 , 000 , 000 , which will be $ 415 , 740 plus the Towns share of local STEP II costs which willbe $ 114 , 328 . 50 or a total of . .a- New York State Department of Environmental Conservation 50 Wolf Road , Albany, New York 12233-0001 MAR 6 1984 '--- Henry G . Williams Commissioner Mr . Donald A . Kinsella , P . E . Superintendent of Public Works City of Ithaca 108 Fast Green Street Ithaca , , New York 14850 Re : C361095-03 -0 City of Ithaca Tompkins County r F Dear Mr . Kinsella : .Your subject Water Quality , Improvement Project is eligible for a State Construction Grant under Article 51 of the Environmental Conservation Law and Chapters 658 and 659 of the Laws of 1972. This project is for construction of a 10 MGD secondary activated sludge wastewater treatment facility with phosphorus removal and approximately 6 , 250 L. F . of new outfall . The first segment includes an .influent sewer , controlled diversion , influent pump station , pile foundations for the treatment facility , dicrester structures, electrical substation , storage / generator building and new outfall . This project has been certified by this Department to the U . S . Environmental Protection Agency for a Federal grant in the amount of $ 13 , 497 , 576 , which includes an Innovative / Alternative (I/A) grant amount of $ 471 , 142 . The State Construction Grant for this project has been determined by the N. Y . S . Department of Environmental Conservation to be $ 1 , 935 , 502 . This includes $ 353 , 357 on the I /A portion of the project , and $ 1 , 582 , 145 on the non-I/ A portion of the project . Enclosed for your review and information is a Project Cost Breakdown . Also enclosed are one copy of the State Contract for this project and one copy of an appropriate resolution . Please sign in black ink and return . both copies to this office . The °State contract will then be executed by signature of a representative of the Commissioner of Environmental Conservation , the State Attorney General and the State Comptroller. An executed and approved copy of the State Contract will be returned to you for your records, If you. have any questions, please contact Dorothy O ' Hare at (518 ) 457- 37170 Sincerely urs , � • C James G . VanHoesen , P . E . , Chief Central Project Section : ' Division of Construction Management Enclosures cc : Stearns -e& -Wheler t 1 _ Band Act Project A C361095 -03 - 0 Contracting Parties: The State of New York Acting by and through the Commissioner of the NYS Department of Environmental Conservation who shall act as authorized representative of the State of New York and The City of Ithaca in Tompkins County The Municipality agrees to comply with the statutory requirements included in Appendix A and those listed below. Statue Reference: Laws of 1972 Chapter 658 ( as amended or repealed by the Laws of 1973 Chapter 400 , 401 , and 402 ) Laws of 1972 Chapters 659 , 664 , 998 Laws of 1974 Chapter 518 Laws of 1975 Chapter 308 Environmental Conservation Law Articles 17 , 51 and 70 Public Health Law State Finance Law Sections 51 and 61 State Administrative Procedure Act Section 401 New York State Rules and Regulations, Section 621. 13 This contract shall be deemed executory only to the extent of money available to the State for the performance of the terms stated here ; no liability shall be incurred by the State beyond moneys available for these purposes. This contract is issued on the premise that a Federal grant will be awarded. If a Federal grant is not awarded, this contract will not be signed by the State Comptroller and is therefore null and void. Should this contract be signed by the State Comptroller and the Federal grant subsequently annuled or terminated the Commissioner will take similar action with the State Contract. The State share shall be one-half the non-Federal share. Should the Federal grant be awarded at a different figure from originally estimated, the State costs will be recalculated accordingly. If overpayment has occurred, the Municipality shall then repay the State the amount by which the State payment actually made exceeds the State payment determined by the recalculation. X Approval of this Contract does not .. guarantee State or Federal funding for future steps or phases of the project. Such funding is dependent on : the future availability of State and Federal moneys. The estimated, reasonable project cost eligible for State participation and the State grant amount are shown on the attached , cost breakdown. All information pertaining to project description, completion schedule , pollution abatement, and any _ Special Conditions is also attached. Any increase or decrease to this cost or grant, and all project changes which substantially alter the design and scope of the project, the type of treatment provided, the location , size , capacity , or quality, or any major item of equipment must be submitted to the Commissioner for prior approval. J The Municipality agrees that it will fund its share of the project cost. The Municipality shall maintain separate accounting and fiscal records which show the receipt and expenditure of all project funds. All project items eligible for State assistance shall be separately itemized and shall be distinguished from project items ineligible ' for State assistance. These records and documents shall be kept intact and readily available for three ( 3) years after the issuance of the final Federal/State payment for the completion of the project. The Municipality shall submit to the Commissioner such reports, documents, data and other information as may be requested. Representatives of the Commissioner shall have un- restricted access to the work for purposes of inspection and to all accounting and fiscal records and subcontractors records for purposes of audit. The Commissioner on behalf of the State may annul or terminate this contract. Grounds for annulment or termination shall include but not be limited to failure to comply with Federal or State legal requirements, contravention of the New York State Department of Environmental Conservation procedural obligations, or actions which would result in revo- cation of a permit, as set forth in the New York State Rules and Regulations Section 621 . 13 . The Commissioner's annulment or termination of a contract shall not be effective until he has undertaken procedures in conformance with the process set forth in the New York State Rules and Regulations Section 621 . 13 . For purposes of this clause, the word "contract", shall be deemed to be substituted for the word "permit" and the word "Municipality" for the word "permittee" in each place in which they appear in Section 621 . 13 . It is understood that a determination by USEPA to annul or terminate will affect the grant made hereby by operation of law, since the Commissioner is authorized to award grant assistance only in an amount related to USEPA's determination of eligibility. Therefore, the Commissioner will take action to reduce the grant hereby made consistent with annulment or termination by USEPA. In the event that such action is taken by the Commissioner, and the grantee appeals the Regional Administrator's determination, the effective date of the Commissioner's decision will be the date on which the appeal is decided on by the United States Environmental Protection Agency. No delay or omission on the part of the State in exercising any right under this contract shall operate as a waiver of such right. A waiver on any one occasion shall not be construed as a waiver of any right on any future occasion. No waiver or consent shall be binding unless it is in writing and signed by the Commissioner. This contract may not be assigned, transferred, conveyed, sublet or disposed of without the previous consent in writing of the State . This ontract shall become effective upon approval by the State Comptroller in accordance with 112 of the State Finance Law and upon approval as to form by the Attorney . General in accordance with 9 51-0107( 2 ) of the Environmental Conservation Law . The State share of the Project Cost shall be paid to the Municipality in accordance with Part 625 . 5 Water Quality Improvement Projects, Title 6 , Chapter VII of the Codes, Rules and Regulations of the State of New York . Payments shall continue until 95 % of the State share has been paid, which will not occur until 95 % of the project has been completed in the opinion of the Department. _l� Five (S ) percent shall be retained from each payment. Following the completion of the project and final inspection by the Department of Environmental Conservation indicating that the project is complete and operating satisfactorily in accordance with applicable laws, rules, and _ regulations, a final payment bringing the total of the State share of the final project costs to- 100 % will be issued to the Municipality. If, upon final inspection, the Department determines that the five ( S) percent retained from each payment is not adequate to offset all disallowed costs, an amount equal to the costs overpaid will be deducted from any future State grant(s) made to the Municipality. CONTRACT AGREEMENT COMPLETION FORM PROJECT NO . C361095 - 03 - 0 MUNICIPALITY City of Ithaca COUNTY Tomnki_ns STATE COST BREAKDOWN TD.TA " OST- - STAT ELIGIBLE COST 7 . 5 % Federal /State Eligible Non I /A 12 . 5 % I /A Elig , I . ADMINISTRATION EXPENSE $ 132 , 400 $ 96 , 480 $ 35 , 920 2. PRELIMINARY EXPENSE 3 . LAND STRUCTURES , RIGHT— OF — 'NAY 4. ARCHITECTURAL ENGINEERING BASIC FEES 1 493 558 1 088 356 405 202 S. OTHER ARCHITECTURAL ENGINEERING FEES 5, PROJECT INSPECTION FEES 7 . LAND DEVELOPMENT S . RELOCATION EXPENSES 9 . RELOCATION PAYMENTS TO INDIVIDUALS AND BUSINESSES 10 . DEMOLITION AND REMOVAL 11 . CONSTRUCTION AND PROJECT IMPROVEMENT 1 .� r 7 n 12. EQUIPMENT - 13. MISCELLANEOUS 78 621 7 la • TOTAL (Lines t M 13 ) 15 , 944 57 ��31 1 61 11 422.- � S 1 S1 7 . . ES - : `AA ; ED INC ; ME il: sppl ; ceb(al � t + s . NET PROJECT AMOUNT /Line 11 anus ! s) 15 , 944 , 579 11 , 619 , 428 4 r 325 r 151 17. LESS : INELIGIBLE EXCLUSIONS IS . ADD : CONTINGENCIES 7 73n 386 , 270 19 • TOTAL (Share : Recipie t 7 • -� r edera 75 + � �nnovati. ve A ternaLve $ 17 , 368 , 579 $ 12 , 657 , 158 $ 4 , 711 , 421 20 . TOTAL APPROVED ASSISTANCE AMOUNT STATE 7 . 5 % 1 , 582 , 145 353 , 357 S 11935 , 502 PROJECT DESCRIPTION : This project is for construction of a 10 MGD secondary activated sludge wastewater treatment facility with phosphorous removal and approximately 6 , 250 L . F . of new outfall . The first segment includes an influent sewer , controlled diversion , influent pump station , pile foundations for the treatment facility , digester structures , electrical substation , storage/generator building and new outfall . COMPLETION SCHEDULE : Start : 3/84 End : 6/86 POLIXTION . ABATED : .'.. a .rcje. i will heir- to abate ollution of p the Cayuga Inlet . In witness whereof we have hereunto set our hands and seals and by our signatures certify that the contract is in accordance with the Department of Environmental Conservation guidelines. Department of Environmental Conservation -- -- -- -- ------- B y '----- ---- - - - - ---- -- -- --- - --- - - -- -- ----- - -- Date By* ----- ----------- -= '------------ - ------ - ------ ------- -------- Date Director , Division of Construction Management By signature hereunder, the Municipality represents that it has the legal status necessary to enter into this contract . and that the person signing is authorized to do so as evidenced by a resolution of its legislative body. Authorized Representative Date On this _ day of , 19 ______ , before me personally came ------------------ ------------ - ---- --- --- ------ ___ to me known , who being duly sworn , did depose and say that he is the ____ _____ _________ __ _ _ __________r (list r � title) of the . , _ (List political subdivision or agency of political subdivison) , the political subdivision or agency thereof described in and which executed the within instrument ; that he knows the seal of said political subdivision ; that the seal affixed to said instrument is such seal; that it was so affixed by order, resolution or authority of ______ ( attached certified copy of order , ------ -------------- - - ----- ------ resolution or the ordinance authorizing execution of this contract ) of said political subdivision , and that he signed his name by that authority. By' - -- --- -------- --- -- --- ---- - - - - ----- - - --- -- - Notary Public APPENDIX A The parties to the attached contract further agree (a ) In hiring of employees for the performance of to be bound by the following, which are hereby work under this contract or any subcontract here. made a part of said contract : under, or for the manufacture, sale or & sveit juon 1. This contract may not be assigned by the con- of materials, equipment or supplies hereunder, no tractor or its right, title or interest therein assigned , contractor, subcontractor nor arty person aging transferred , conveyed , sublet or disposed of without on behalf of such contractor or subcontractor, the previous consent, in writing, of the State. shall by, reason of race, creed , color, sex or na- tional oigin discriminate against any citizen of I , . This contract shall be deemed executory only the State of New York who is qualified and to the extent of money available to the State for the available to perform the work to which the em- performance of the terms hereof and no liability on ployment relates, account thereof shall be incurred by the State ci New York beyond moneys available for the purpose (b) no contractor, subcontractor, nor any person thereof. on his behalf shall , in any manner, discriminate against or intimidate any employee hired for the III . The contractor specifically agrees , as re- performance of work under this contract on ac- quired by Labor Law, Sections 220 and 220-4 , as count of race, creed , color, sex or national origin , amended , that : (c) there may be deducted from the amount pav- ,a ) no laborer, workman or mechanic, in the em- able to the contractor by the State under this ploy of the contractor, subcontractor or other per onirac;t a penalty of five dollars for each person son doing or contracting to do the whole or any for each calendar day during which such - person part of the work contemplated by the contract was discriminated against or intimidated in viola. shall be permitted or required to work more than tion of the provisions of the contract, and eight hours in any one calendar day or more than five days in any one week , except in the (d ) this contract may be canceled or terminated emergencies set forth in the Labor Law, by the State or municipality and all moneys due or to become due hereunder may be forfeited for (b) the wages paid for a legal day' s work shall be a second or any subsequent violation of the terms not less than the prevailing rate of wages as de- or conditions of this section of the contract, and fined by law. (e) the aforesaid provisions of this section cov- (c) the minimum hourly rate of wage to be paid ering . every contract for or on behalf of the state shall not be less than that stated in the specifics- or a, municipality for the manufacture, saie or Dons , and any redetermination of the prevailing distribution of materials, equipment or supplies rate of wages after the contract is approved shall shall be limited too rations be deemed to be incorporated performed within porated .herein by refer- the territorial limits of the State of New York. .= ence as of the effective date of redetermination and shall form a part of these contract docu . V. During the performance of this contract, the menu, contractor agrees as follows : 1 ) The Labor Law provides that the contract (a ) The contractor will not discriminate against maybe forfeited and no sum paid for any work any employee or applicant for employment be- done thereunder on a second conviction for cause of race, creed , color, sex, national origin, willfully paying less than— age, disabifity or marital status. ( a ) the stipulated wage scale as provided in ( b) If directed to do so by the Commissioner of Labor Law , Section 220 , subdivision 3 , as Human Rights, tFe contractor will lend to each amended , or I labor union or representative of worxers with ( b) less than the stipulated minimum hourly which the contractor has or is bound by a coliec - wage scale as provided in Labor law, Sec - tive bargaining or other agreement or understa^d - Uon 220-d , as amended . ing , a notice , to be prcvided by One State Commissioner of Human Rights . , advising such Iv , Tr e contractor specificaliy agrees , as re - labor union or representative of the cortraC. or' s quired by the provisions of the Labor Law . Section as�reemen , under ci ; uses ( at throu ¢ h ig! ( beret ^af- � ? U-e as amended , that— ter called " non -discrimination c ! ; uses" i if the l . contractor was directed to do so by the contract- Rights that the contractor has not compile^ with ing agency as part of the bid or negatiation ', , of these non -discrimination clauses , and the con . this contract, the contractor shall request such tractor may be dec : ared ineligible for future con - labor union or representative to furnish a written tracts made by or on behalf of the State or a statement that such labor union or representative public authority or agency of the State, until the will not discriminate because of race , creed , contractor satisfies the Stare Commissioner of Hu . color, sex , national origin , age, disability or marl - man Rights that the contractor has established tail status, and that such labor union or represern- and is carrying out a program in conformity with tative will cooperate, within the limits of its legal the provisions of these non - discrimination and contractual authority , in the implementation clauses. Such finding shaii be made by the State or the policy and provisions of these non-discrim - Commissioner of Human Rights after conciliation inabon clauses and that it consents and agrees efforts by the Commissioner have failed to that recruitment, employment and the terms and achieve compliance with these non -discrimina - conditions of employment under this contract tion clauses and after a verified complaint has shall be in accordance with the purposes and been filed with the Commissioner, notice thereof provisions of these non -d iscrimination clauses . If has been given to the contractor and an oppertu - such labor union or representative fails or refuses nity has been afforded the contractor to be heard to comply with such a request that it furnish such publicly in accordance with the Executive Law. a statement, the contractor shall promptly notify Such sanctions may be imposed and remedies the State Commissioner of Human Rights of such invoked independently of or in addition to saric - failure or refusal . tions and remedies otherwise provided by law . (c) If directed to do so by the Commissioner of (g) The contractor will include the provisions or Human Rights , the contractor will post and keep clauses ( a ) through (f) in every subcontract or posted in conspicuous places, available to em- purchase order in such a manner that such provi - ployees and applicants for employment, notices sions will be binding upon each suixontractor or to be provided by the State Commissioner of Hu- vendor as tc operations to be performed within man Rights setting forth the substance or the pro- the State of New York. The contractor will take visions of clauses (a) and ( b) and such provisions such action in enforcing such provisions or such of the State' s laws against discrimination as the subcontract or purchase order as the State Com - State Commissioner of Human Rights shall deter- missioner of Human Rights or the contracting mine. agency may dined, including sanctions or reme- (d ) The contractor will state, in all solicitations or dies for non-compliance . If the contractor be, advertisement for employees placed by or on be- comes involved in or is threatened with litigation half of the contractor, that all qualified applicants with a subcontractor or vendor as a result of such will be afforded equal employment opportunities direction by the State Commissioner of Human without discrimination because or race, creed , Rights or the contracting agency, the contractor color, sex , national origin, age , disability or mari - shall promptly so notify the Attorney Ceneral , tal status . requesting the Attorney General to irttervene and protect the interests of the State of New `,'crk. (e) Thy contractor will comply with the provi - sions of Sections - 290 -299 of the Executive Law V1• (a ) By submission or this bid , 4ach nidaer and with the Civil Rights Law, will furnish all and each person signing on. behalf or any bidder inrcrmation and reports deemed necessary by the certifies , and in the case or a joint bid each ?airy State Commissioner or Human Rights under these thereto certifies as to its own organization , under non -discriminatory clauses and such sections of Penalty' of perjury, that to the bes; of his knowie� � ge the Executive Law, and will permit access to the and belief : contractor' s books, records and accounts by the 1 ) The prices in this bid have beer, a � : •:e at State Commissioner for the purposes of investiga - independently without collusion . consu : LVIor. . ton to ascertain compliance with these non -dis- communication or agreement , for the ouroose crimination clauses and such sections or the or restricting competition , as to anv mai, er -e- Executive Law and Civil Rights Law . lating to such prices with anv other bidder or lf) This contract may be forthwith canceled , tPr- with any competitor : minated � r suspended , in wnoie or in part , by the 2 ) Unless otherwise required 5v law . contracting agency upon the basis of a finding prices which have been quoted an c made by : he : : ate Commissioner or Human nave not Deen knowingi . " ci der and will not knowingly be disclosed by the bidder prior to opening , directly or indirectly , to any other bidder or to any competitor ; 3 ) No attempt has been made or will be made by the bidder to induce any other person , par-tnership or corporation to submit or not to submit a bid for the pur - pose of restricting competition . ( b ) a bid shall not be considered for award nor shall any award be made where ( a ) ( 1 ) ( 2 ) and ( 3 ) above have not been complied with provided , however , that i_` any case the bidder can not make the foregoing cer}aification , the bidder shall - so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefore . Where ( a ) ( 1 ) ( 2 ) and ( 3 ) above have not been complied wit`: , the bid shall not be considered for award nor shall any award be made unless the head of the purchasing unit of the State , public denar=.)ent or agency to which the bid is made , or his designee , determined that such disclosure was not made for the pux-pose of restricting competition . The fact that a -bidder ( a ) has published price lists , rates , or tariffs cover'_:c items being procured , (b ) has informed pr03peCt4ve castcmers of purposed or per^.dinc Publication of new or revised price lists for such items , or ( c ) has sold the s ,.. .-. items to other castomers at the same prices being bid , does not constitute , with: out more , a disclosure within the meaning of paragraph VI ( a ) . . VII . The agreement shall be void and of no force and effect unless the contractor shall provide coverage__ for the benefit of , and keep covered during the life of this agreement , such e:aplovees as are required to be. covered by e provisions of the p q th orker ' s Compensation Law . IfII . In accordance with Section 220 - f of the Labor Law and Sect-ion 139 9 -In of the I : inance Law and the regulations of the Comptroli er of the State of New York gated thereunder , the contractor agrees , as a material condition of the. +can - OAc: - : a . That neither the contractor nor any substantially owned or affiliated person , f.i_--m , pax nership or corporation has par-.icipated , is pa_ icipating , or shall par- ti cipate in an international boycott in violation of the provisions of the United States wort administration act of 1969 , as amended , or the Export administraticn Act of 1979 , as amended , or the regulations of the United States Depa =ent of Commerce promulgated thereunder ; Be That if the contractor or any substantially owned or affilitated person , firm , partnership or corporation . has been convicted or subjec-ted to a final de.terminaticn by the United . States Department of Commerce or anv other appropriate agency of the United States of a violations of the United States 'E ^ xport a inistration act of 1969 , as amended , or he Export administration inistration act f 1979 , - as amended , or the regu- lations of the United States Department of Commerce promulgated thereunder , the contractor shall notify the Comptroller of such conic"._.ion or determination in the manner prescribed by the Comptroller ' s regulations . (Rev . :larch . 1982 ) - 3 - Special Londitions for Step 3 and the Construction Portion of Step 2 + 3 Projects The :Nunicipality represents that it has title or other interest in the project situ , including riahts - of- ,Arav , and necessary easements prior to the start of construction , as required by tl� z Commissioner . This contract shall be null and void if the Nfunicipality fails to advertise for and receive projc _ bids within 90 days of the construction schedule approved in their application , or fails to a •.var :: Jo, ect bids within 45 days after the opening of bids , unless otherwise agreed to in writing by tht: om m issioner . Following construction contract awards , the :Municipality shall arrange and conduct a project pre - work conference which shall include a representative of the Commissioner , the tilunicipality , ap % required federal agency , the consulting engineer , all contractors and any other necessary persons . The Municipality shall prepare a work progress schedule prior to the start of each constructici• contract to indicate the proposed construction schedule , which will be updated monthly thereafter to show actual construction progress . The i• iunicipality shall , prior to the start of any construction under this respective contrac require each contractor and subcontractor to secure and deliver to the 1unicipality free of - char _ -. - a policy of insurance issued by an insurance company authorized to do business in New York 5ta : . naming the tMunicipality as insured . Such policy shall provide coverage for " builder' s rise : completed value " with " builder' s risk special extended coverage " endorsement , public liability ant any other insurance coverage required by Federal and State law , rules and regulations , with limits of liability as required by the Commissioner . A certificate of insurance showing that all contractors. and the Municipality have complied the insurance clauses as outlined above shall be furnished by the Municipality to the Commissicr,e prior to the start of any work . Such certificate shall provide that the Commissioner be notifi = = 30 days in advance of any policy change or cancellation . Jie :tiIunicipality shall require every construction contractor to provide specific performance ant yment bonds in amounts not less than the contract price ; these bonds shall . remain in effect : - one year beyond the date of final inspection and acceptance by the Municipality of any work under such contract . Every construction contractor shall use U . S . Department of Labor standard payroll Form No . ',vH347 or such form as may be required or approved by the Commissioner . The Nlunicipality shall at all times provide and maintain competent and adequate resider? supervision and inspection under the direction of a professional engineer licensed by the State New York who will be responsible for assuring that all construction conforms to the approved plans and specifications and for certifying to the Municipality and to the Commissioner accordance with the payment provisions of this contract . The Municipality shall cause the sewage treatment plant operator who will be responsible ' or ' � e operation of the facility to be present during the construction of at least the final fifty percen . ( 50 % ) of the treatment facility portion of the Project . The Municipality shall commence operation of the project upon completion of construction end shall operate and maintain the project in . accordance with applicable laws , rules and regula : ic � s . The ,vlunicipality shall not discontinue operation or dispose of the project without the pr _ or Written approval . of the Commissioner . Resolution Resolution Authorizing the Filing of an Application for a Federal and State Grant for the Planning, Design . and Construction of Necessary Sewage Treatment Works, Under the Appropriate Laws of New York State and the United States of America. The City of Ithaca , applicant , as agent for joint owners - WHEREAS, City of Ithaca ; Town of Ithaca , and Town of Dryden ------ --- -- - -- Legal ;`Jame of Applicant herein called the "Applicant , " after thorough consideration of the various aspects of the problem and study of available data , has hereby determined that the planning, design and construction of certairi works, required for the treatment of sewage , generally described as Construction of additions and modifications to the Ithaca Area Wastewater Treatment Plant ( Contracts 1 , . 2 , 3A ) 4A , 5A , 6A ) ( Description of project used in Part I, box F of Application 5700 - 32 ) and identified as Project Number C-36 - _ 10_95 - 03 - 0 herein called the "Project , " is desirable and in the public interest, and to that end it is necessary that action preliminary to the .planning, design and construction of said Project be taken immediately; and [WHEREAS , under the Federal ;Water Pollution Control Act , as amended , the United States of America has authorized the making of grants to aid in financing the cost of planning, design and construction of necessary treatment works to prevent the discharge of untreated or inadequately treated sewage or other waste into any waters and for the purpose of reports, plans and specifications in connection therewith ; and ;WHEREAS , Chapter 659 of the Laws of 1972 of the State of New York provide financial aid for the planning, design and ' construction of Water Quality Improvement Projects ; and WHEREAS, the Applicant has examined and duly considered the Water Pollution Control Act , as Amended and Chapter 659 of the Laws of 1972 of the State of New York and the applicant deems it to be in the public interest and benefit to file an application under these laws and to authorize other action in connection therewith ; - NOIV , THEREFORE , BE IT RESOLVED BY The Town Board of the Town of Ithaca ( Governing Body of Applicant) -- -- - - - - - -- - - --= -=--- - - -- -- - - - -- -- --- - - -- -- - .. . .. . ... ......----- .. .. . . -- - - ------ --- - -- -- -- 1 . That the filing of application in the form required by the State of New York and the United States and in conformity with the Water Pollution Control Act, as amended and Chapter 659 of the Laws of 1972 of the State of New York is hereby authorized including all understandings and assurances contained in said applications. 2 . That Donald A . Kinsella _Superintendent of Public Works . City of _ Ithaca (Title of Applicant's designated authorized representative) is directed and authorized as the official representative of the applicant to act in connection with the applications and to provide such additional information as may be required ; 30 That the Applicant agrees that it will fund its portion of the cost of said Water Quality . Improvement Project ; (9 /82 ) 40 That one ( 1 ) certified copy of this Resolution be prepared and sent to the New York State ---Department _ of Environme=l_ Conservation , Albany, New York together with the Federal and State application; 50 That this Resolution take effect immediately. CERTIFICATE OF RECORDING OFFICER That the attached Resolution is a true and correct copy of the Resolution , authorizing the signing of an application for Federal & State Aid , authorizing the signing of a State Contract, and assuring funding of the municipal portion of the cost of the project as regularly adopted at a legally convened meeting of the - - ---- -- - - --- - -- - - - -- - ---Town of Ithaca ( Name of Governing Body of the Applicant ) duly held on the _1= day of March - - - - - 19 _ _ 84 ; and further that . such Resolution has been fully recorded in the - - - - - - - - - - - - - ---- -- - - -- --- - _ _ _ _ _ in my office . - - - - - - - - - - - - - - -- -- - - -- - - - - - - -- - - - - - (Title of Record B ook) In witness whereof, I have hereunto set my hand this day of - - - - - - - - - - -- - -- - - - - - - -- ---- - - -- -- -- -- - - ---- ---- -- - - - - -- -- - - - - -- - ' 19 - -- - - ' If the Applicant has an Official Seal, Impress here. ---- -- - - - -- --- -- - - -- - - - - -- - - - - - - ------ --- - -- - Signature of Recording Officer Town Clerk Title of Recording Officer A �l I ^v '3 co W N r 4 CD OD v cn y0. 0 r► Z C T p o c o cD a ( ° ° 0 CL cn 0 CD ° o C cD o arq c cD � o r< c P V o CD O to G [J P I . . 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FOOTNOTES ( 1 ) Administrative e :< pense , architectural engineering basic fees and miscellaneous - force account for the I /A portion of the project were prorated based on the eligible I /A construction costs as follows : t Eligible alternative construction _ S 3 , 547 , 100 2491 Total construction $ 14 , 240 , 000 Eligible innovative construction = $ 315 , 600 _ 0222 Total construction $ 14 , 240 , 000 _ ( a ) Administrative costs were approved for assistant grants administrator , Barbara Ann Eckstrom , independent contractor , 40 hrs . week x 104 weeks ( 24 months ) 4160 hrs . Salary ( $ 12 /hr . x 4160 hrs . ) $ 49 , 920 Travel ( estimated for 24 months ) 5 , 000 $ 54 , 920 ( b ) General administrative costs were approved for the following : Telephone - long distance calls $ 1 , 000 Advertising - bid advertisements 6 , 000 Printing - related to bid process 11000 $ 8 , 000 ( c ) Administrative cost for CPM consultant was requested in the application for $ 70 , 000 , actual contract and amount approved by NYSDEC was $ 69 , 480 per letter dates February 21 , 1964 , Total Federal and State administrative expense approved $ 132 , 400 I /A administrative expense was calculated as follows : 4 $ 132 , 400 x . 2491 = $ 32 , 981 Alternative $ 132 , 400 x . 0222 = $ 2 , 939 Innovative Note difference between amount requested in application and amount aonroved was . either force account , see miscellaneous line item or could not be substantiated at this time . ( 2 ) Engineering fees requested in application totaled $ 1 , 539 , 700 , actual contract amount was $ 1 , 538 , 837 , estimated amount aporovable by MYSDEC is S1 , 493 , 558 . Engineering agreements are under review . I /A engineering fees were calculated as follows : $ 1 , 493 , 558 x . 2491 = $ 372 , 045 alternative $ 1 , 493 , 558 x . 0222 = $ 33 , 157 innovative Town Board 2 rlarch 12 , 1984 $ 530 , 068 . 50 or rounded to $530 , 000 . The $ 114 , 000 we would invest until January 1984 when the City renews the STEP II BAN which our share would reduce . We have also just received the contract from NYDBC which , when executed , will colmt the State to their share . We , the City and Dryden must adopt this resolution so it can all be sent back to the State as soon as possible . Fortunately , our three calenders work to perfection , the Town of Ithaca is meeting tonight , Town of Dryden on Tuesday , and- the City on Wednesday . Note that the State ' s share will not be 12 . 5 % . This comes about because the Federal share will be 77 . 5% not 750 , because of the I/A Technology , The State ' s share is h of the non Federal share , so it will be ® about 11 . 20 . This is determined now , so that the Federal Government will pickup the higher percentage all the way through the project from the foundation up . The State reimbursement amount is $ 1 , 935 , 502 for Segment I , so it is in our best interest to adopt this added starter to the agenda and take action late in the meeting . Zoning Law The Supervisor went on to say that shortly he expected to receive the EAF on the Zoning Law. He stated that he expected the Board would make a positive declaration as was done on the Subdivision Regulations . So before this meeting is over , we should begin the necessary schedule of work sessions to lead us to adoption . Fire Contract Supervisor Desch stated that negotiations are continuing with the City on the Fire Contract . We have some better wording on the response during confligration , so we are getting closer . The budget request figure for 1985 is $ 345 , 000 because the 1983 costs include the $ 150 , 000 the City spent on fire hose . He stated that he did not feel that the Town should be asked to pay all of our share in one year because it inflates the annual pay out and tempts the City to build that much capital in the budget every year . The useful life of the hose is ten years , so perhaps a reasonable spread of our costs should be eight years . Town Engineer ' s Report Town Engineer Lawrence Fabbroni reported that he has been busy Putting the plans together for the water and sewer improvements . The Northeast Transit Committee has started discussions on their long range plans . Drainage proposals have been submitted to the County for their consideration , matching funds $ 1 , 000 from the County and $ 1 , 000 from the Town . He went on to say that he had requested the County appropriate $ 10 , 000 with the Town matching the $ 10 , 000 . If we can get $5 , 000 he stated that he would be happy . Mr . Fabbroni went on to say that he was trying to get an extension from DEC to extend our work permit . When the water is high , it is ® not easy to get into the creek . He noted that the Route 79 drainage project has been shifted back to Syracuse . The weather has been part of the reason for the delay in starting the Burns Road Project . He is looking forward to starting the project around April 1st , Town Planner ' s Report Town Planner Peter Lovi remarked that the Board members have the Subdivision Regulation before them. He suggested that the Board Town Board 3 March 12 , 1984 hold off passing the new Zoning Law until the Subdivision Regulations are approved . Councilwoman Raffensperger remarked that she understood that the Town has had conversations with Cornell University on the parking lot proposed for East Ithaca . When will the Board be informed as to where Cornell plans to locate this parking lot ? Town Engineer Fabbroni responded that as far as we know , the parking lot will be located behind the East Hill Plaza . Supervisor Desch reported that the plan is up for Trustee consideration this weekend . ® Highway Superintendent ' s Report Town Highway Superintendent Robert Parkin reported that most of the weather stripping has been installed at the highway facility . Work is being done on the loft area . We have been hauling in stone for patching and paving . Mr . Parkin went on to say that three culverts have been installed for Town residents . Also , have had the men and bulldozer out removing tree stumps on the new highway land ( formerly Millard Brinks property) . Town Clerk ' s Report Town Clerk Jean Swartwood reported that the Election Inspectors are currently being paid $40 . 00 for Primary Day , a nine hour day . Mrs . Swartwood request the Board to consider a raise in pay for this day . RESOLUTION NO , 39 Motion by Supervisor Desch ; seconded by Councilman Cramer , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize an increase for Election Inspectors for Primary Day from $ 40 . 00 per day to $ 45 . 00 per day . (Desch , Kugler , Raffensperger , Cramer , Howell and Bartholf voting Aye . Nays - none) . TOWN OF ITHACA HONORARY CITIZENSHIP Supervisor Desch informed the Board members that they had a resolution in front of them which was self explanatory , however , Doria Higgins , the Coordinator for the Ithaca Outdoor Sculpture Exhibition was present , if any Board member had questions . Councilman Cramer asked where the exhibition would take place ? Ms . Higgins responded , on land behind my house on Hillcrest Drive . ® She went on to say that Mr . Boepple was someone that the group really cared for and would like him to be apart of the exhibition as a citizen of the Town of Ithaca . RESOLUTION N0 , 40 Motion by Councilman Cramer ; seconded by Councilwoman Raffensperger , WHEREAS , an exhibition of outdoor sculpture by 14 artists will be held in Ithaca , New York , for two days in May , 1984 , and Town Board 4 March 12 , 1984 WHEREAS , eleven of the artists now live in or close to Ithaca , and WHEREAS , all of the artists , with the exception on one , have lived and worked in Ithaca , and WHEREAS , there is a possibility of the exhibition moving elsewhere , and WHEREAS , Doria Higgins , Corrdinator for the Ithaca Outdoor Sculpture Exhibition - 1984 , would like to be able to say, in good conscience , that it is an exhibition of Ithaca artists , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of ® Ithaca hereby grants an honorary Town of Ithaca citizenship to Willard Boepple of New York City , Councilman Kugler asked if Mr . Boepple was infavor of the honorary citizenship ? Ms . Higgins responded , he is very happy about it . ( Desch , Kugler , Raffensperger , Cramer , Howell and Bartholf voting Aye . Nays - none) . LAKE SHORE WEST PROJECT - REVIEw EAF AMID DETERMINATION OF SIGNIFICANCE . Kevin Lewis stated that the Lake Shore West people have been in negotiations with the County for the last two weeks . A larger structure now seems to be more marketable . We are still considering 125 to 150 units in the first Phase . However , fifty acres of land is now available for independent development . Space for doctors offices as well as a nursing facility still are in the plans for independent development . He went on to say that only one-half of the 50 acres would need to be rezoned . A variance would need to be obtained for the doctors offices . We are asking for one parking space instead of the 1 . 3 required in the Zoning Ordinance . Supervisor Desch asked Mr . Lewis what services in Phase I would be obtained from the Hospital ? Mr . Lewis responded that they were still in negotiations . We would buy heat from the County who in turn acquires it from the Hospital , same with electricity . Councilwoman Raffensperger remarked , 250 spaces at one per unit . There are no provisions for parking spaces for employees . Are there spaces provided for employees ? Town Planner Lovi responded , no . Councilwoman Raffensperger noted that the Zoning Ordinance does not address the problem of parking spaces for employees . ® Mr . Lewis stated that there probably would be parking spaces ailoted out back , when the details are more cunplete we will know. Councilwoman Raffensperger noted that the estimated traffic generated per day was not included in the EAF . Town Planner Lovi responded that it was an error on his part , he left it out . Note , all engineering fees were combined under the architectural engineering basic fees line item to facilitate the payment process . Breakdown of engineering fees provided by the NYSDEC project engineer is as follows : Total Federal /State Eligible Treatment plant . $ 1 , 123 , 727 I /A $ 1 , 089 , 048 Outfall 415 , 110 404 , 510 $ 1 , 538 , 837 $ 1 , 4493 , 558 ( 3 ) Construction costs are based on the following information submitted in the application : Total and Contract Fed . /State Eligible Alternative Eligible Innov . Elia . Outfall 1 Lake $ 1 , 9101000 $ 0 $ 0 Outfall Diffuser 2 21070 , 000 0 0 STP 3A General 91320 , 000 3 , 330 , 000 240 , 000 STP 4A Electrical 800 , 000 185 , 400 72 , 000 STP 5A Heating / Ventilating 100 , 000 22 , 700 STP 6A Plumbing 40 , 000 9 , 000 31600 Total $ 14 , 240 , 000 $ 3 , 547 , 100 $ 315 , 600 ( 4 ) Force account costs were approved for the following : City Engineer or equivalent $ 49 , 984 ( 20 hrs . week x 104 weeks = 1. 080 hrs . = 1 yr . ) $ 35 , 200 annual salary x $ 1 . 42 ( . 42 benefits ) . x 1 yr . _ $ 49 , 984 Deputy City Controller 28 , 637 ( 10 hrs . week x 104 weeks = 1040 hrs . = 57 % of yr . ( 35 hr . wk . ) . $ 35 , 380 annual salary x $ 1 . 42 ( . 42 benefits ) x 57 % _ $ 28 , 637 ) Total federal and . state force account approved $ 78 , 621 I /A force account was calculated as follows : $ 78 , 621 x . 2491 = $ 19 , 584 Alternative $ 78 , 621 x . 0222 = $ 1 , 745 Innovative ( 5 ) Contingencies were based on 10 % of the estimated construction costs . Total and Fed . /State Eligible Alternative Eligible Ir. novati •✓e Elicible $ 1 , 424 , 000 $ 31 , 560 $ 354 , 710 Town Board 5 1 March 12 , 1984 Supervisor Desch asked how much of the area to be developed by an independent developer was wooded ? Mr . Lewis responded , the area is all wooded except for the road . Supervisor Desch remarked that this is a major project and the Board needs to try to assess what it will look like . He suggested that a time be set for next week to visit the area and walk our way through the project . Wednesday , March 21st , at noon was set for the walk throught the Lake Shore West Project , FILING OF AN APPLICATION FOR A FEDERAL AND STATE GRANT FOR THE ® PLANNING , DESIGN AND CONSTRUCTION OF NECESSARY SEWAGE TREATMENT WORKS RESOLUTION NO . 41 Motion by Supervisor Desch ; seconded by Councilwoman Howell , WHEREAS , the City of Ithaca , applicant , as agent for joint owners - City of Ithaca , Town of Ithaca , and Town of Dryden herein called the "Applicant , " after thorough consideration of the various aspect of the problem and study of available data , has hereby determined that the planning , design and construction of certain works , required for the treatment of sewage , generally described as construction of additions and modifications to the Ithaca Area Wastewater Treatment Plant (Contracts 1 , 2 , 3A , 4A , 5A , 6A) and identified as Project Number C-36-1095 -03-0 , herein called the " Project , " is desirable and in the public interest , and to that end it is necessary that action preliminary to the planning , design and construction of said Project be taken immediately , and WHEREAS , under the Federal Water Pollution Control Act , as amended , the United States of America has authorized the making of grants to aid in financing the cost of planning , design and construction of necessary treatment works to prevent the discharge of untreated or inadequately treated sewage or other waste into any waters and for the purpose of reports , plans and specifications in connection therewith , and WHEREAS , Chapter 659 of the Laws of 1972 of the State of New York provide financial aid for the planning , design and construction of Water Quality Improvement Projects , and WHEREAS , the Applicant has examined and duly considered the Water Pollution Control Act , as Amended and Chapter 659 of the Laws of 1972 of the State of New York and the applicant deems it to be in the public interest and benefit to file an application under these laws and to authorize other action in connection therewith , NOW THEREFORE BE IT RESOLVED BY the Town Board of the Town of Ithaca ( 1 ) That the filing of application in the form required by ® the State of New York and the United States and in conformity with the Water Pollution Control Act , as amended and Chapter 659 of the Laws of 1972 of the State of New York is hereby authorized including all understandings and assurances contained in said applications . ( 2 ) That Donald A . Kinsella , Superintendent of Public Works , City of Ithaca is directed and authorized as the official representative of the applicant to act in connection with the applications and to provide such additional information as may be required . � �l Town Board 6 March 12 , 1984 ( 3 ) That the Applicant agrees that it will fund its portion of the cost of said Water Quality Improvement Project . (4 ) That one ( 1 ) certified copy of this Resolution be prepared and set to the New York State Department of Environmental Conservation , Albany , New York , together with the Federal and State application . ( 5 ) This this Resolution take effect immediately . Councilman Bartholf Voting Aye Councilman Cramer Voting Aye Supervisor Desch Voting Aye ® Councilwoman Howell Voting Aye Councilman Kugler Voting Aye Councilwoman Raffensperger Voting Aye The resolution was duly adopted . PUBLIC HEARING - TOWN OF ITHACA WATER SYSTEM BENEFITTED AREA - 1984 Proof of posting and publication notice of a Public Hearing to consider the Town of Ithaca Water System Benefitted Area - 1984 , having been presented by the Town Clerk , the Supervisor opened the public hearing . Supervisor Desch stated that these public hearings are the culmination of extensive amounts of study and discussion by the Town Board over the past three to four years . The steps include the decision to do a Master Plan of water improvements in recognition of the need to prioritize the vast inventory of needs that we have been .aware of . Following the completion of the Master Plan , the community responded with extensive input on the areas where we were having critical problems with private water supply systems . In 1979 , and in 1982 , we were able to effectively handle the severe problem areas on Stone Quarry Road and Coddington Road . This was done without having to increase the benefit assessment . One of the primary questions was : "Can we schedule the initial phase of the water improvements to avoid a major increase in the $ 23 / unit water benefit assessment rate ? " Our target was to make the initial payout for these improvements in 1985 , when the annual debt service payments begin to decline in major steps which would then offset the new debt service . The scope of work was then set to match the level that could be afforded without bringing about an unreasonable burden on the entire Town . A second objective was to utilize the plant constructed in the f irst phase to serve as much as possible the connecting links and capacity needed for the ensuing phases . This is particularly true with the work on West Hill since there is a desire for service in an area larger than that which can be afforded in Phase I . It is conceivable that the second phase might be accomplishable as early as 1986 or 1987 . From the standpoint of public works planning , we will have resolved the most pressing reliability concerns in the area of the hospital and in time for the new load that will result at the old hospital . Stabilization of the pressure zones on South Hill , particularly on Danby Road will occur so that Phase II can potentially further loop the pressure zones across King Road and also on East Hill , respond to the increasing demands in the Snyder Hill and Plaza areas . P/ ri Town Board 7 March 12 , 1984 The time will come before the end of the decade when additional storage will be needed on West Hill and East Hill , this may be possible as a part of Phase II or Phase III . It is a pleasure to be a part of the planning and design effort . We not only have excellent support from our engineering and water system staff and our legal staff but the constituents have been of considerable assistance in assessing the interest in these services . In the case of sewer , we are responding to the results of the Sewer Sytem Evaluation Survey which indicates that the existing trunk sewer to the hospital adds considerable infiltration to the City ® system . Since we will be charged for what we contribute at the Town line , it is in our best interest to minimize all extraneous flow and also to avoid a collapse of the system . The Bundy Road service is in response to the desires of the property owners . These improvements can be accomplished without an increase in the $ 50 /unit benefit rate . On West Hill , our level of improvement is also conditioned by the extensiveness of the Agriculture District . From the standpoint of pressure zones , these areas may someday be served but it is not appropriate to spend considerable sums of public money to serve these areas without the ability to assess the properties in the Ag District , The Supervisor went on to say -- and so we have before us a properly sign cost effective improvement that responds to our most urgent needs and will benefit the entire Town for many years to come . Following action this evening , we will if approved , apply to the State Comptroller for approval and release the documents for bidding at the April meeting , since the referendum period will expire on April 12 . Edward Hollister , 173 West Haven Road questioned the plan that was underway now , what portion of the pumping cost could be saved by going into Phase II immediately ? Supervisor Desch responded , three to four thousand a year . Mr . Hollister asked if the main would make a loop . Supervisor Desch responded , after the second phase is cu-ppleted . As no one present wished to speak for or against the improvement , the Supervisor closed the public hearing . RESOLUTION N0 , 42 Motion by Supervisor Desch ; seconded by Councilman Bartholf , RESOLUTION DATED MARCH 12 , 1984 ® A RESOLUTION AUTHORIZING A TOWN OF ITHACA WATER SYSTEM IMPROVMM - 1984 IN AND FOR THE TOM OF ITHACA WATER SYSTEM BENEFITI'ED AREA - 1984 IN THE TOWN OF ITHACA . TOMPKINS COUNTY , NEW YORK , PURSUANT TO ARTICLE 12 -C OF THE TOWN IAW . WHEREAS , a plan , report and map have been duly prepared in such manner and in such detail as has been determined by the Town Board of the Town of Ithaca , Tompkins County , New York , relating to the creation of the Town of Ithaca Water System Benefitted Area - 1984 and the providing of a Town of Ithaca Water System Improvement - Town Board 8 March 12 , 1984 1984 therefor , consisting of ( a) construction of a 12 " water main to the Trumansburg Road Reservoir , north of Bundy Road from Trumansburg Road in that area of the Town from a point located near the Candlewyck Apartments Complex and running thence westerly along the north side of Bundy Road to Tax Parcel 26-1-1 ( 160 Bundy Road) and then north crosslot to the Reservoir , (b) the construction and installation of ( i ) new 8 " and 12 " water mains respectively to provide water service for a portion of the properties in the Elm Street Extension Road Area and the West Haven Road Area , the water main itself to be installed on the south side of Elm Street Extension and on the east side of West Haven Road , and ( ii ) construction of a hydropneumatic pump station in this area for the distribution of water , (c) the construction of ( i) 8 " service main ® loops under Danby Road near a south line of the Town , which will also provide water service to properties in this area which are not presently receiving municipal water service and ( ii ) construction of an emergency connection between tank zones near Ithaca College , and ( iii ) construction and installation of a new 8 " water main extensions on East King Road and Coddington Road , the water main itself to be installed on the south side of East King Road and the east side of Coddington Road , and (d ) the construction of ( i) new 8 " water mains to provide municipal water service to properties on Sugarbush Lane , ( ii ) construction of service connections to an existing 6 " main on portions of Slaterville Road which are presently receiving municipal water services from a 2 " galvanized main pursuant to Article 12-C of the Town Law, and WHEREAS , said plan , report and map have been prepared by Lawrence P . Fabbroni , a competent engineer duly licensed by the State of New York and have been filed in the office of the Town Clerk where they are available for public inspection ; and WHEREAS , said Town Board duly adopted an order on February 27 , 1984 , calling a public hearing upon said plan , report and map and the question of creating a proposed water improvement area to be known as the Town of Ithaca Water System Benefitted Area - 1984 and the construction of the water improvements for said Improvement Are as described above , such public hearing to be held on March 12 , 1984 , at 7 : 05 o ' clock , P .M. , Prevailing Time , at 126 East Seneca Street , in Ithaca , New York , in said City of Ithaca , at which time and place all persons interested in the subject thereof could be heard concerning the same ; and WHEREAS , notice of said public hearing was duly posted and published as required by law; and WHEREAS , said public hearing was duly held at the time and place aforesaid and all persons interested in the subject thereof were heard concerning the same ; and WHEREAS , it is now desired to authorize the creation of the Town of Ithaca Water System Benefitted Area - 1984 and the construction of the aforesaid water improvements therefor ; NOW, THEREFORE , BE IT RESOLVED , by the Town Board of the Town of Ithaca , Tompkins County , ® New York , as follows : Section 1 . Upon the evidence given at the aforesaid public hearing, it is hereby found and determined that it is in the public interest to make the aforesaid water improvement and to establish the aforesaid Town of Ithaca Water System Benefitted Area - 1984 . _ It is hereby further determined that all of the real property included within the boundaries of said Improvement Area are benefitted by said water improvement . The construction of said water improvement consisting of ( a ) the construction of a 12 " water main to the Trumansburg Road Reservoir , north of Bundy Road from Town Board 9 March 12 , 1984 Trumansburg Road in that area of the Town from a point located near the Candlewyck Apartments Complex and running thence westerly along the north side of Bundy Road to Tax Parcel 26-1 -1 ( 160 Bundy Road) and then north crosslot to the Reservoir , (b) the construction and installation of ( i ) new 8 " and 12 " water mains respectively to provide water service for a portion of the properties in the Elm Street Extension Rand Area and the West Haven Road Area , the water main itself to be installed on the south side of Elm Street Extension and on the east side of West Haven Road , and ( ii ) construction of a hydropneumatic purrp station in this area for the distribution of water , ( c) the construction of ( i ) 8 " service main loops under Danby Read near a south line of the Town , which will also provide water service to properties in this area which are not ® presently receiving municipal water service and ( ii ) construction of an emergency connection between tank zones near Ithaca College , and ( iii ) construction and installation of new 8 " water main extensions on East King Road and Coddington Road , the water main itself to be installed on the south side of East King Road and the east side of Coddington Road , and (d) the construction of ( i) new 8 " water mains to provide municipal water service to properties on Sugarbush Lane , ( ii ) construction of service connections to an existing 6 " main on portions of Slaterville Road which are presently receiving municipal water services from a 2 " galvanized main , is hereby authorized at a maximum estimated cost of $ 600 , 000 . The aforesaid Ithaca Water System Benefitted Area - 1984 consists of the entire Town of Ithaca , excluding the Village of Cayuga Heights , Section 2 . The cost of said water improvement shall be borne entirely by the property in the Town of Ithaca Water System Benefitted Area - 1984 consisting of the entire Town of Ithaca excluding the Village of Cayuga Heights and such costs shall be assessed , levied and collected from the several lots or parcels of land within said benefited area in just proportion to the amount of benefit which said water improvement shall confer upon such lots or parcels . Section 3 . It is hereby determined that the estimated expense of the aforesaid water improvement exceeds one tenth of one per cent of the full valuation of the taxable real property in the area of said Town outside of Villages and , therefore , in accordance with the provisions of subdivision 13 of Section 209 -q of the Town Law, the permission of the State Comptroller is required for said water improvement . Accordingly , the Town Clerk shall , within ten ( 10 ) days of the effective date of this resolution , file certified copies of this resolution , in duplicate , in the office of the State Department of Audit and Control in Albany , New York , together with an application by this Town Board , in duplicate , for permission to establish such water improvement as provided for by Section 209 (q) Of the Town Law; and that such application shall be excuted by and on behalf of said Town Board by the Supervisor of said Town . Section 4 . This resolution is adopted subject to permissive referendum . The question of the adoption of the foregoing order was duly put to a vote on roll , which resulted as follows : Councilman Bartholf Voting Aye Councilman Cramer Voting Aye Supervisor Desch Voting Aye Councilwoman Howell Voting Aye Councilman Kugler Voting Aye Councilwoman Raffensperger Voting Aye This resolution was thereupon declared duly adopted . Town Board 10 March 12 , 1984 PUBLIC HEARING - TOWN OF ITHACA SEWER SYSTEM BENEFITTED AREA - 1984 Proof of posting and publication notice of a Public Hearing on the Town of Ithaca Sewer System Benefitted Area - 1984 having been presented by the Town Clerk , the Supervisor opened the public hearing . As no one wished to speak for or against the proposal , the Supervisor closed the public hearing . RESOLUTION NO . 43 Motion by Councilman Kugler ; seconded by Councilwoman Howell , RESOLUTION DATED MARCH 12 , 1984 A RESOLUTION AUTHORIZING A TOWN OF ITHACA SEWER SYSTEM IMPROVEMFU - 1984 IN AND FOR THE TOWN OF ITHACA SEWER SYSTEM BENEFITTED AREA - 1984 IN AND FOR THE TOWN OF ITHACA SEWER SYSTEM BENEFITTED AREA _ 1984 IN THE TOWN OF ITHACA, TOMPKINS COUNTY , NEW YORK , PURSUANT TO ARTICLE 12 -C OF THE TOWN LAW . WHEREAS , a plan , report and map have been duly prepared in such manner and in such detail as has been determined by the Town Board of the Town of Ithaca , Tompkins County , New Yor , relating to the creation of the Town of Ithaca Sewer System Benefitted Area - 1984 and the providing of a Town of Ithaca Sewer System Improvement - 1984 therefor , consisting of ( a ) the replacement of the existing deficient 10 " sanitary sewer line , from a point near the City of Ithaca line and running northerly in apporximately the same location as the present sanitary sewer main to the Tompkins Community Hospital lands , and (b) the extension of the sewer line from Trumansburg Road , in the area backlot of Candlewyck Apartments , up to 160 Bundy Road along the north side of Bundy Road pursuant to Article 12-C of the Town Law; and WHEREAS , said plan , report and map have been prepared by Lawrence P . Fabbroni , a competent engineer duly licensed by the State of New York and have been filed in the office of the Town Clerk where they are available for public inspection ; and WHEREAS , said Town Board duly adopted an order on February 27 , 1984 calling a public hearing upon said plan , report and map and the question of creating a proposed sewer improvement area to be known as the Town of Ithaca Sewer System Benefitted Area - 1984 and the construction of the sewer improvements for said Improvement Area as described above , such public hearing to be held on March 12 , 1984 , at 7 : 15 o ' clock , P . M . , Prevailing Time , at 126 East Seneca Street , in Ithaca , New York , in said City of Ithaca , at which time and place all persons interested in the subject thereof could be heard concerning the same ; and WHEREAS , notice of said public hearing was duly posted and published as required by law; and ® WHEREAS , said public hearing was duly held at the time and place aforesaid and all persons interested in the subject thereof were heard concerning the same ; and WHEREAS , it is now desired to authorize the creation of the Town of Ithaca Sewer System Benefitted Area - 1984 and the construction of the aforesaid sewer improvements therefor ; NOW , THEREFORE , BE IT RESOLVED , by the Town Board of the Town of Ithaca , Tompkins County , New York , as follows : Town Board 11 March 12 , 1984 Section 1 . Upon the evidence given at the aforesaid public hearing , it is hereby found and determined that it is in the public interest to make the aforesaid sewer improvement and to establish the aforesaid Town of Ithaca Sewer System Benefitted Area - 1984 . It is hereby futher determined that all of the real property included within the boundaries of said Improvement Area are benefitted by said sewer improvement . The construction of said sewer improvement consisting of ( a) the replacement of the existing deficient 10 " sanitary sewer line , from a point near the City of Ithaca line and running northerly in approximately the same location as the present sanitary sewer main to the Tompkins Community Hospital lands , and (b) the extension of the sewer line from Trumansburg Road , in the area backlot of Candlewyck ® Apartments , up to 160 Bundy Road along the north side of Bundy Road , is hereby authorized at a maximum estimated cost of $ 250 , 000 . The aforesaid Ithaca Sewer System Benefitted Area - 1984 consists of the entire Town of Ithaca , excluding the Village of Cayuga Heights . Section 2 . The cost of said sewer improvement shall be borne entirely by the property in the Town of Ithaca Sewer System Benefitted Area - 1984 consisting of the entire Town of Ithaca excluding the Village of Cayuga Heights and such costs shall be assessed , levied and collected from the several lots or parcels of land within said benefitted area in just proportion to the amount of benefit which said sewer improvement shall confer upon such lots or parcels . Section 3 . It is hereby determined that the estimated expense of the aforesaid sewer improvement exceeds one tenth of one per cent of the full valuation of the taxable real property in the area of said Town outside of Villages and , therefore , in accordance with the provisions of subdivision 13 of Section 209 -q of the Town Law, the permission of the State Comptroller is required for said sewer improvement . Accordingly , the Town Clerk shall , within ten ( 10 ) days of the effective date of this resolution , file certified copies of this resolution , in duplicate , in the office of the State Department of Audit and Control in Albany , New York , together with an application by this Town Board , in duplicate , for permission to establish such sewer improvement as provided for by Section 209 (q) of the Town Law , and that such application shall be executed by and on behalf of the Town Board by the Supervisor of said Town . Section 4 . This resolution is adopted subject to permissive referendum . The question of the adoption of the foregoing order was duly put to a vote on roll , which resulted as follows : Councilman Bartholf Voting Aye Councilman Cramer Voting Aye Supervisor Desch Voting Aye Councilwoman Howell Voting Aye Councilman Kugler Voting Aye Councilwoman Raffensperger Voting Aye ® This resolution was thereupon declared duly adopted . Councilman Cramer asked if the crossing of Route 96 by the sewer line would require the closing of 96 . Town Engineer Fabbroni responded that the road will not be closed as Route 96 will not be open cut . REJECTION OF BIDS ON 1975 PICKUP TRUCK � 5 Town Board 12 March 12 , 1984 RESOLUTION NO . 44 Motion by Councilwoman Raffensperger ; seconded by Councilman Kugler , WHEREAS , the Town of Ithaca received only one bid on February 24 , 1984 , for the purchase of the Town ' s used 1975 Ford 150 Club Cab , and WHEREAS , said bid was below reasonable salvage value , NOW THEREFORE BE IT RESOLVED , by the Town Board of the Town of Ithaca that the bid be rejected , and ® FURTHER BE IT RESOLVED , that the Town Board authorizes the disposal of the Town ' s used 1975 Ford 150 Club Cab by rebidding said vehicle , sealed bids for purchase, to be opened April 4 , 19849 Councilwoman Raffensperger questioned why the salvage value was not included in the resolution? Town Engineer Fabbroni responded , because we will be sending a notice to salvage places . (Desch , Kugler , Raffensperger , Cramer , Howell and Bartholf voting Aye . Nays - none) , RENEW OF BOND ANTICIPATION NOTES FOR SEOOND SOUTH HILL WATER DISTRICT NOTE NO . 1 , SECOND SOUTH HILL WATER DISTRICT NOTE NO 2 , AND CODDINGTON ROAD EXTENSION RESOLUTION NO , 45 Motion by Supervisor Desch ; seconded by Councilman Cramer , RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the Supervisor to renew Bond Anticipation Notes for Second South Hill Water , Note # 1 in the amount of $ 184 , 210 . 00 ; Second South Hill Water , Note # 2 in the amount of $ 142 , 790 . 00 ; and Coddington Road Water in the amount of $ 16 , 000 . 00 , all renewable on March 2 , 1984 , at an interest rate of 6 . 50 % on each of the three notes . (Desch , Kugler , Raffensperger , Cramer , Howell and Bartholf voting Aye . Nays - none) . SUBDIVISION REGULATIONS RESOLUTION N0 , 46 Motion by Councilman Cramer ; seconded by Councilman Bartholf , RESOLVED , that the Town Board of the Town of Ithaca hereby approves ® the Town of Ithaca Subdivision Regulation as prepared by the Planning Board of the Town of Ithaca and reviewed by the Codes and Ordinances Cam-Littee . (Copy attached to minutes ) . ( Desch , Kugler , Raffensperger , Cramer , Howell and Bartholf voting Aye . Nays - none) . SET DATE FOR PUBLIC HEARING ON THE DEFINITION OF A FAMILY RESOLUTION NO . 47 FOR TOWN BOARD CONSIDERATION SUBDIVI ;.; ION REGULATIONS FOR THE TOWN OF ITHACA As prepared by the Planning Board of the Town of Ithaca and reviewed by the Codes and Ordinances Committee Printed November 30 , 1983 FOR TOWN BOARD CONSIDERATION TABLE OF CONTENTS ARTICLE I . INTRODUCTION AND ADMINISTRATION Page Section 1 Authorization 1 2 Policy 1 3 Administration 2 4 Public Hearings 2 5 Minimum Requirements 3 6 General Procedure 3 7 Environmental Review 4 8 Fees 4 9 Violation and Penalty 4 10 Waiver of Requirements 4 11 Amendments and Rules 5 12 When Effective 5 13 Separability 5 ARTICLE II . GENERAL PROCEDCIRES FOR SUBDIVISION REVIEW Section 14 Pre - Application Plans and Data 6 15 Preliminary Subdivision Review 6 16 Final Subdivision Review 7 17 Modification of Final :Plat 7 ARTICLE III . . INTERPRETATIONS AND DEFINITIONS Section 18 References 8 19 Construction 8 20 Terms 8 ARTICLE IV . RESERVATION REQUIREMENTS . AND SUBDIVISION DESIGN STANDARDS Section 21 Reservation of Land for Public Facilities or Public Utilities 13 22 Reservations of Parks and Recreational Land 13 23 Highway Improvements 14 24 Blocks and Lots 16 25 Solar Access 17 26 Storm Drainage 17 27 Water Supply and Sanitary Sewerage 17 28 Survey Monuments 1 18 29 Underground Wires and Cables 18 30 Phased Developments 18 i FOR TOWN BOARD CONSIDERATIO14 ARTICLE . V . RULES AND REGULATIONS FOR CLUSTERED SUBDIVISIONS Page Section 31 Minimum Gross Area 19 32 Number of Dwelling Units Permitted 19 33 Buffer Areas 21 34 Regulation of Exterior Characteristics 21 35 Restriction of Unrelated Persons 22 ARTICLE VI . PRELIMINARY AND FINAL SUBDIVISION PLAN REQUIREMENTS Section 36 Preliminary Plat Checklist 23 37 Form of Final Plat 25 38 Improvement Plans and Related Information 28 ii ■ FOR TOWN BOARD CONSIDERATION ARTICLE I INTRODUCTION AND ADMINISTRATION Section 1 . Authorization By resolution adopted on the 6th day of October , 1955 the Town Board , pursuant to the provisions of Article 16 of the Town Law , authorized the Planning Board of the Town of Ithaca to approve plats for subdivisions within that part of the Town of Ithaca outside the limits of any incorporated village , The resolution adopted by the Town Board on the 4th day of October , 1982 reaffirmed the resolution adopted on - the 3rd of November, 1955 and the Town Board further delegated to the Planning Board the authority to mandate clustered subdivisions in the Town of Ithaca . Said resolution further au - thorized the Planning Board to require developers to submit a clustered subdivision plan whenever the Planning Board believes that the application of such procedure would benefit the Town . The authority of the Planning Board to require clustering is limited by the conditions of Article V of these regu - lations , adopted by the Planning Board on November 11 , 1982 and approved by the Town Board on November 16 , 1982 and by the provisions of Article 16 , Section 281 of the Town Law , By resolution. adopted by the Town Board on the day of 1983 the subdivision regulations of the Town of Ithaca are further amended to read as follows Section 2 . Policy The policy of the Planning Board is to consider land subdivision regulations as part of a comprehensive plan for the orderly , efficient , and economical development of the Town of Ithaca , Proper provision shall be made for drainage , water supply , sewerage , highways , open space and other needed improvements , and to provide protection against floods and to otherwise promote the health , safety , and welfare of the Town ' s inhabitants , The subdivision regulations are adopted to guide , promote and protect the community ' s physical , social , and aesthetic development in order to preserve the character of the Town as a beautiful and desirable place in which to live , All proposed lots shall be laid out in harmony with the prevailing pattern of development , with development following the contour of the land as much as possible . Developers of large subdivisions are encouraged to consider the use of clustering in their designs . Clustering may permit a flexibility in the development and use of land . Clustering results in a . concentration. f occu - pancy and use in a particular area of land and space . fit-i-s4he-o elrf z1, the Flar�x� ing- isa=�rci ihet- ie increased use of the cluster provisions of Town Law encourages the preservation of available open space within residential communities and reduces the cost and maintenance of public improvements , The Planning Board has been delegated the . authority by the Town Board pursuant to Section 281 of . Town Law to mandate clustered development 1 FOR TOWN BOARD CONSIDERATION . pursuant to the rules and regulations adopted by the Planning Board and embodied in this document . Proper provisions may be required by the Planning Board for parks , play - grounds and other recreational facilities pursuant to the Town of Ithaca Park and Open Space Plan . All streets shall be of such width , grade , and location in order to accommo - date the prospective traffic , and to facilitate emergency services , and to provide access for all fire fighting equipment to all buildings . Section 3 . Administration These regulations shall be enforced by the Building Inspector and the Town Engineer . Appeal from any decision of the enforcing officer may be made to the Planning Board as provided for in Section 10 , Waiver of Requirements , of this Article . Whenever any subdivision of land is proposed to be made and before any permit for the erection of a structure shall be granted , the subdivider or his agent shall apply in writing to the Planning Board for the approval of the subdivision . This application shall conform to the specifications set forth in these regulations . The Building Inspector shall not issue a building permit for any structure on any lot in a subdivision for which the plat has not been approved and re - corded . Section 4 . Public Hearings A . Public hearings shall be advertised in the official newspaper of the Town of Ithaca at least five ( 5 ) days before the Planning Board meeting . The law governing the holding of public . hearings for subdivision approval is set forth in Section 276 of the Town Law . B . Advertising in a newspaper of general circulation is the only notice legally required . However , in order to promote public information , the Planning Board may direct the secretary of the Planning Board to make reasonable efforts to notify interested parties of any subsequent public hearings in a particular application for subdivision approval , and to notify owners of . land whose property is immediately adjacent to and abuts upon any boundary of the land for which subdivision approval is sought . However , it is expressly provided that the failure of . the secre - tary to give any such notice shall not invalidate in any way any action taken by the Planning Board , nor ,, specifically , shall such. failure be a basis for any proceeding against the secretary for failure to give such . notice nor shall such failure be a . basis for any proceeding or action against the Planning Board with regard to any action . or determination made by the Board . Section 5 . Minimum Requirements 2 FOR TOWN BOARD CONSIDERATION In their interpretation and application , the provisions of this regulations shall be held to be minimum requirements , adopted for the promotion of public health , safety , and general welfare . - Nothing in these regulations shall prohibit the subdivider from placing addi- tional restrictions , not in violation of these regulations , on lots within the development . Section 6 . General Procedure The Town of Ithaca has established a three - step procedure for the review of subdivisions . Its purpose is to encourage developers and the public to work together with the Planning Board and the Town staff to provide for econom - ically , ecologically , and aesthetically attractive growth in the Town of Ithaca . The subdivider should present preliminary ideas in the form of a sketch plat to the Town staff for their comments and evaluation prior to the scheduling of a Planning Board meeting . The requirements for the sketch plat are detailed in Article II , Section 14 . The staff will be available to help the subdivider understand the improvements and. restrictions which the Planning Board could be expected to impose upon the development , as presented . The staff and the subdivider should work together to ensure that the project will meet the requirements of these regulations as well as any additional requirements the Planning Board may impose . If the subdivision is complex or extraordinary in scale , the staff may suggest that the subdivider informally present the sketch plat to the Planning Board for their comments prior to the preparation of a preliminary plat . This sketch plat review may save the subdivider time and expense in the planning and design of the project . After the staff has counseled the subdivider on the overall requirements of these regulations , the subdivider may proceed with the preparation of a preliminary plat . All documents relating to the preliminary plat , including the Town . of Ithaca Environmental Assessment Form , shall be presented to the Town Engineer at least ten ( 10 ) clays prior to the Planning Board meeting at which time the project is to be considered . The Town Engineer shall record the date when the material is received . No public hearing shall be scheduled until the Town Engineer has received all required information and documents . Preliminary subdivision approval authorizes the subdivider to proceed with the staking of roads and lots , and the preparation of final plans , detailed engi - neering drawings , and other information necessary for the proper environ - mental review of the proposal . Preliminary approval does not imply nor should it be presumed to predispose final subdivision approval or endorsement by the Planning Board or any other agency of the Town of Ithaca . In cases involving substantial public controversy , the Planning Board shall require a public hearing at the time final subdivision approval is considered . 3 FOR TOWN BOARD CONSIDERATION Section 7 . Environmental Review The subdivider must comply with all procedural and sub stantive requirements of Town of Ithaca Local Law # 3 , ( 1980 ) which provides for the environmental review of all actions, in the Town of Ithaca . The Planning Board will usually act as the lead agency for the environmental review of subdivisions within the Town of Ithaca , although the subdivider may also be required to obtain permits from other agencies , such as the Tompkins County Health Depart - ment , prior to final approval of the project . Section 8 . Fees In general , the following fees shall be paid on the filing of any application and prior to the processing thereof. : 1 Sketch Plat no fee 2 Preliminary Plat $ 15 . 00 3 Final Plat a basic fee $ 15 . 00 b additional fee per lot or unit 1000 C additional fee per lot for each lot over 10 lots or unit s . 10 —4- or vision $ IU:3-0- 5 Plats and replats whose sole purpose is to dedicate land to the public no fee - The Building Inspector shall calculate the fee for each application. Each fee . shall be paid to the Building _ Inspector who shall issue a receipt stating the purpose . of the payment . This receipt must be filed with the application as evidence of payment . Section , 9 . Violation and Penalty A violation of these regulations is an offense and shall be punished by fine , or by imprisonment , or both . Section 10 . Waiver of Requirements Waivers of the general requirements of these regulations may be permitted by . the Planning Board on application when in their judgment special factors warrant such a variation . The Planning Board may vary requirements of design , but not of procedure or improvements , except as otherwise provided herein . 4 FOR TOWN BOARD CONSIDERATION A waiver may be granted upon written request of the subdivider or his agent , stating the reason ( s ) for each requested modification . Approval of a waiver shall require a majority vote by the Planning Board , Section 11 . Amendments and Rules These regulations may be amended from time to time by the Town Board , The Planning Board may adopt and amend rules for the administration of these regulations , provided they are not in conflict therewith . Section 12 . When Effective It is deemed necessary for the immediate preservation of the public health , safety , and general welfare that this ordinance shall take effect and be in full force and effect immediately upon its passage and approval , according to law . Section 13 . Separability Should any part of these rules and regulations be found to be void by a court of competent jurisdiction , the remaining sections shall remain in full force and effect . 5 FOR TOWN BOARD CONSIDERATION ARTICLE II GENERAL PROCEDURES FOR SUBDIVISION REVIEW Section 14 , Sketch Plans and Pre -Application Information The subdivider may present to the Planning Board a sketch plat and support - ing data for purposes of informal review and ' discussion . The following information should be provided : 10 General subdivision information outlining the existing conditions of the site and the proposed development . 24 A location map showing the relationship of the proposed subdivision to existing community facilities . 3 . A plat showing in simple form the proposed layout of streets , lots , and other features of the proposed subdivision . 49 A completed Town of Ithaca Short Environmental Assessment Form which should be completed and filed with the staff of the Planning Board at the time of sketch plat review . Section 15 . Preliminary Subdivision Review The procedure for preliminary subdivision review shall be as provided for in these regulations and Town Law , sections 276 through 281 as they may from time to time be amended . The preliminary plat , topographic map , street profiles and all other necessary information shall be in full compliance with the provisions of Town Law and these regulations except where variations therefrom may be specifically authorized by the Board . The subdivider shall submit to the Planning Board a preliminary plat in the form required by Article VI , Section 36 , the Town of Ithaca Environmental Assessment Form , and ten ( 10 ) reduced copies of the improvement plans and other information required by these regulations . All required information must be received by the office of the Town Engineer at least ten ( 10 ) days prior to the Planning Board meeting at which time the subdivision will be considered . It is recommended that a sketch plat be submitted to the Town Engineer prior . to submission of the preliminary plat , although this is not a legal require - ment . Any action or determination of the Planning Board approving an application , in whole or in part , whether final or preliminary , shall be revo - cable , in whole or in part , if the action or determination was made in reliance on any misrepresentation , concealment , or other fraudulent act or statement . by the applicant or was based on a mistake as to a material matter . 6 FOR TOWN BOARD CONSIDERATION Section 16 . Final Subdivision Review The procedure for final subdivision review shall be as provided for in these regulations and Town Law , sections 276 through 281 as they may from time to time be amended . The subdivider must file with the Board three drawings of the final subdivision plat and street profiles in the form described in Article VI , Section 38 except where variations therefrom may be specifically au - thorized by the Board , The final plat and improvement plans shall be submitted to the office of the Town Engineer at least ten ( 10 ) days prior to the date of the Planning Board meeting at which time final approval is requested . The Town Engineer shall enter the date of receipt on the material submitted . The Planning Board shall , within 45 days from the date of submission of the final plat , approve , modify and approve , or disapprove such plat . 'r" c , approval shall , however , not be deemed final until the subdivider has com - plied with the provisions of the following paragraphs * A . The subdivider shall tender " offers of . cession " , in a form certified as satisfactory by the Town Attorney , of all land included in streets , highways or other public improvements . However , approval of the plat by the Planning Board shall not constitute acceptance by the Town Board of any street , highway , or other public improvements . B $ - The subdivider shall obtain ;arid file with the Planning Board a letter from the Tompkins County Department of Health indicating satisfactory design compliance with the rce alty subdivision provisions of the County Sanitary Code . Section 17 . Modifications of the 14 irial Plat If there are modifications of the final plat requested by the subdivider subse - quent to its filing in the office of the County Clerk , such requests shall be made in writing to the Town Engineer , who is hereby empowered to approve minor , practical modifications on behalf of the Planning Board . When , in the opinion of the Town Engineer , the requested modifications are substantial in nature , scope or extent , the subdivider shall not proceed without the ap - proval of the Planning Board . Such approval may be granted at any public hearing of the Board called for this purpose . The Town Engineer shall report any modifications approved by him to the Planning Board at its next regularly scheduled meeting . 7 FOR TOWN BOARD CONSIDERATION ARTICLE III INTERPRETATIONS AND DEFINITIONS Section 18 . References References herein to articles , sections , subsections , and paragraphs are to those parts of these regulations , unless context indicates otherwise . Section 19 . Construction For the purposes of these regulations , the language set forth shall be inter preted according to the following rules of construction : 1 . The singular includes the plural . 2 . The plural includes the singular . 30 The word " shall " means the action is mandatory . 4 . The words " may " or " shot.ild " means the action is elective . 50 The word " he " includes " she " . Section 20 . Terms . Alley A private thoroughfare less than twent y ( 20 ) feet in width . Attached Dwelling Units Two or more dwelling units which . share common structural building elements and are constructed on the same building lot . Basement A storey . partly underground but having a least one -half of its height above the average level of the adjoining ground . A basement or cellar shall be counted as a storey for the purposes of height regulation . Block A parcel of land partially or entirely surrounded by public highways , streams , railroad rights-of=way , parks or a combination thereof , which has been subdivided into lots . i Board The Planning Board of the Town of Ithaca . Buffer Area An area bordering the lot lines of the property on which a clustered subdivision is to be built , within which there shall be no permanent structures . A parking lot shall be considered a permanent struc ture for the purposes of these regulations . 8 FOR TOWN BOARD CONSIDERATION Building Height The distance from the lowest point at grade to the highest point of the roof , excluding chimneys , antennae , lightning rods , and similar appendages . Building Lot See " Lot " . Cellar A storey partly underground but having more than one - half of its height above the average level of the adjoining ground . A basement or cellar shall be counted as a storey for the purposes of height regulation . Cluster A development of residential dwelling units on lots which may be smaller than permitted within the existing zone , but where the number of dwelling units shall in no case exceed the number which could be permitted , in the Planning Board ' s judgment , if the land were subdivided into lots conforming to the minimum lot size and density requirements of the Zoning Ordinance applicable to the district or dis - tricts in which such land is situated and conforming to all other applicable requirements . Community Center A structure built within a clustered subdivision which may have recreational or public meeting facil- ities , and is to be used primarily by the residents of the clustered subdivision and their guests . Comprehensive Plan A plan prepared by the Planning Board pursuant to Section 272a of the Town Law which indicates the general locations recommended for various functional classes of public works , places and structures and for the general physical development of the Town , In the Town of Ithaca , the Comprehensive Plan is not a single document , but includes such diverse elements as : zoning ordinance , subdivision regu - lations , highway map , water and sewer master plans , official zoning designation map , and other consultant reports that specifically address future Town needs . Also known as " Master Plan " . Cul - de - sac A street having one end open to traffic and the other end permanently terminated by a vehicular turnaround , Deadend Street A street , similar to a cul - de- sac , but providing no turnaround at its closed end . Detached Dwelling Units Dwelling units which share no common structural building elements and are constructed on separate building lots . Driveway A a portion of a lot or a right -of-way less than 20 9 FOR TOWN BOARD CONSIDERATION feet wide providing access to buildings or other structures on one or more lots . Dwelling Unit A building , or portion of a building , providing complete living facilities including food preparation area and bath . Easement A grant by the property owner to the public , a corporation , or a certain person or persons of the . use of a strip of land for a specific purpose . Engineer The Town Engineer of the Town of Ithaca . Final Plat The map or plan prepared in accordance with these regulations which is signed by the chairman of Planning Board and filed in the office of the County Clerk following final subdivision approval . Gross Area The amount of land in a subdivision before roads , rights -of-way , parks , and permanent open space are deducted . Highway See " street " . Lot A parcel of land or volume of space . Lot Area The deed description of a lot with the exception of any portion of a public highway right -of -way . Lot Line The property boundary of a lot . Master Plan See " Comprehensive Plan " . Multi - Storey Dwelling Units Dwelling units which are built one above another in a single structure with two or more storeys . The separate building lots for the second and higher. dwelling units shall be indicated by three - dimensional descriptions on the subdivision plat . This term includes both dwelling units which are constructed above each other and also those where some propor - tion of the higher dwelling unit or . units are con. structed adjacent to , as well as above , the lower dwelling unit or units . Official Map The map established by the Town Board pursuant to Section 270 of the Town . . Law , showing streets , highways , and other public proposals theretofore laid out , adopted , and established by law as well as any amendments adopted by the Town Board or additions thereto resulting from approval of subdivision plats by the . Planning Board and the subsequent filing of these approved plats . Also known as the Official Zoning Designation Map . 10 FOR TOWN BOARD CONSIDERATION Planning Board The Planning Board of the Town of Ithaca . Plat The map , plan , drawing or chart on which a subdivider ' s plan of subdivision is presented to the Planning Board for approval ; the Final Plat , if approved , will be submitted to the County Clerk or registrar for recording . Primary Thoroughfare A highway that provides for fast or heavy traffic of considerable continuity and that is or will be used primarily as a traffic artery for interconnection between areas of concentration . This includes , but is not limited to , federal , state and county highways - and shall include those streets designated as Primary Thoroughfares on the Highway Master Plan , if such exists . Resub division A change in the Map of an approved or recorded subdivision if such change affects highway layout shown on such map , or areas reserved for public use , or any change of a lot line . Resubdivision is included in the word " subdivision " in these regu - lations . Semi - Detached Dwelling Units Dwelling i.ui. its which share common structural building elements but which are built on separate building lots , SEQRA New York State Environmental Quality Review Act . Set Back Line A line on a plat usually parallel to the center line of the street between which line and the street line no building or structure may be erected . Sketch Plat A sketch of the proposed subdivision showing the proposed general layout of streets , lots , or other features that may be submitted to the Planning Board by the subdivider for informal discussion and review , on which the Preliminary Plat will be based , Storey The vertical space between a floor and ceiling which in no instance shall be less than the minimum verti - cal distance required by any officially adopted fire or building code in the State of New York . For the purposes of these regulations , multi -level structures or dwelling units shall be defined as having more than one storey for the purposes of height regu - lation if the minimum vertical distance between any floor and the next highest floor anywhere in the structure or dwelling unit exceeds six ( 6 ) feet . Street A right -of- way at least 20 feet wide , dedicated to 11 FOR TOWN BOARD CONSIDERATION public use , or a private right - of- way serving more than one . ownership , for a primary access to adjacent lands or subject to public easements , and whether designated as a highway , thruway , road , . avenue , boulevard , lane , drive , place , circle or . however otherwise designated . Street Pavement The surface of the roadway prepared in the manner specified by Town of Ithaca Highway specifications . Street Width The width of the right -of-way , measured at right angles to the center line of the street . Subdivider Any person , firm , partnership , association , corporation , estate , trust , or another group or combination acting as a unit , undertaking the divid - ing of land so as to constitute a subdivision as defined herein . This definition includes any agent of the subdivider . Subdivision A . The division of any parcel of land into two or more lots , plots , sites or other divisions of land for immediate or future sale ; or Be Development in such a way as to create one or more new stree [ s . This term includes the creation of , and all changes in , highway and lot lines , whether or not new building oli development is to occur . Lots over five acres to be used solely for agricultural purposes are exempted from this definition . This term in - eludes resubdivision and , when appropriate to the context , shall relate either to the process . of sub - dividing or to the land subdivided . Surveyor A person licensed as a land surveyor by the State of New York . Town Engineer The duly designated engineer of the Town of Ithaca or the engineering consultant employed by the Town . Town Planner The duly designated planner for the Town of Ithaca , or the planning consultant employed by the Town . Zoning Map The map included as part of the Zoning Ordinance that designates land use districts . 12 FOR TOWN BOARD CONSIDERATION ARTICLE IV RESERVATION REQUIREMENTS AND SUBDIVISION DESIGN STANDARDS Section 21 . Reservation of Land for Public Facilities or Public Utilities Whenever a subdivider proposes to subdivide land . which includes , or appears to include , all or part of the proposed site for a public facility or public utility as designated in the Comprehensive Plan , the Planning Board shall submit the plat to the public body responsible for acquiring the land for the site - before approving the preliminary plat of the subdivision . If this public body determines that the site for the public facility or public utility should be located within the boundaries of the proposed subdivision , then the Plan - ning Board may require the subdivider to reserve land for public acquisition and shall designate the boundaries of said land . Such reservation shall be for a period determined by the Planning Board , but not for a period of more than six months from the date of .submittal of the preliminary plat . Upon receipt of a preliminary plat where a site for a public facility may be in - volved , the Planning Board shall transmit a. copy of the plat to the public body responsible for the acquisition of the site . No dedication for a drainage easement or a highway or other public use shall be shown on a plat unless the Planning Board determines to accept such dedication . When a subdivision is traversed by a water course , drainage way , channel , stream , or creek , the subdivider shall provide a storm water easement or drainage right - of-way of sufficient width for such purpose and its maintenance , wherever the Planning Board finds such easement desirable . Where alleys are not provided or may not be used for that purpose , ease - ments not less than 5 feet in width shall be provided at the rear of each lot for poles , wires , conduits , storm sewers , sanitary sewers , gas lines , water mains and lines , and other utility purposes as required . In no case shall the combined widths of the easements on both sides of a rear lot line be less than 10 feet. Additional easements shall be provided where required by the Plan - ning Board , Section 22 . Reservations of Parks and Recreational Land The Planning Board may require that land be reserved within subdivisions for parks , playgrounds , and other recreational purposes . The amount of land to be so reserved is normally in the amount of ten ( 10 ) percent of the gross area of the subdivision . The area shall be shown and marked on the final plat " Reserved for Park and / or Playground Purposes . " However , where the Planning Board determines that a suitable park or parks of adequate size cannot be properly located in a subdivision , or where such a reservation is otherwise not appropriate or practical , the Board may require , as condition to approval of any such plat , a payment to the Town of Ithaca in lieu of land reservation . Each reservation shall be of suitable size , dimension , topography , and general character and shall have adequate road access for the particular purposes envisioned by the Planning Board . In general , land reserved for recreation 13 FOR TOWN BOARD CONSIDERATION purposes shall have an area of at least two ( 2 ) acres . The Board may re - quire that the recreation area be located at a suitable place on the edge of the subdivision so that additional land may be added at such time as the adjacent land is subdivided . The subdivider may dedicate all such recreation areas to the Town . Land reserved for use as playgrounds or playfields shall be of a character and location suitable for such use . This land shall be relatively level and dry and shall be improved by the subdivider to the standards required by the Planning Board . A recreation site should have a total frontage on one or more streets of a least two hundred ( 200 ) feet , and no other dimension of the site should be less than two hundred ( 200 ) feet in depth . The provisions of this section are minimum standards . None of the para graphs above shall be constructed as prohibiting a subdivider from reserving other land for recreation purposes in addition to the requirements of this section , Section 23 . Highway Improvements All roadways shall be paved and all road signs installed according to the Town of Ithaca Highway Specifications , copies of which are available in the . office of the Town Engineer . 1' he subdivider shall improve or agree to improve all highways , alleys , anc.l other ways to provide drainage improve - ments , all in such manner as is necessary for the general use of lot owners in the subdivision and to meet local traffic and drainage needs . The arrangement of streets in the subdivision shall provide for the continua - tion of the principal streets in C-Adjoining subdivisions or for their proper projection when adjoining property is not subdivided , and shall be of a width at least as great as that of existing connecting streets or the minimum high - way widths established here . As it general rule the right -of-way of streets shall not be less than sixty ( 60 ) feet . The street layouts must cause no hardship to owners of adjoining property when they plat their own land and , seek to provide for convenient access to it . Street names shall be shown ; they shall provide for continuation of the names of existing streets wherever appropriate ; they shall not duplicate the names of highways elsewhere in Tompkins County . Highway names shall be subject to the approval of the Planning Board . House numbers shall be assigned by the Town Engineer . Alleys shall be provided along the rear lines of lots intended for commercial or industrial use , except in the case of developments such as shopping cen - ters and industrial parks where access to individual establishments will be . over common space on the lot . Alleys shall not be provided for lots intended for residential use , unless the subdivider produces evidence satisfactory to the Planning Board of the the need therefor . The right - of-way of an alley serving commercial or industrial properties shall be 20 feet , and that of one serving residential properties shall be 20 feet . Alley intersections and sharp changes in alignment shall be avoided , but where necessary , corners shall be rounded at a twenty -foot radius - or cut off 14 FOR TOWN BOARD CONSIDERATION with an equivalent chord . Dead - end alleys shall be avoided wherever possi - ble , but if unavoidable , shall be provided with adequate turnaround or back - around facilities , as determined by the Planning Board . Highway grading and paving shall be required for all highways to be opened by dedication in the - subdivision , but where a frontage road is provided , the improvement requirement shall apply only to such frontage road . and not to the through portion of the highway . In addition , highway grading and paving shall be required for all highways to be dedicated for frontage roads , including those abutting or adjacent to existing highways , There shall be a minimum of 600 feet between intersections on primary thor - oughfares . Street jogs shall be . avoided . There shall be a minimum of 300 feet between the center lines of highway intersections . Highway intersections shall be at right angles as nearly as possible , and no intersections shall be at an angle less than 70 degrees . Detailed designs of intersections may be required . Curb radii at intersections shall not . be less than 20 feet and property lines shall be adjusted accordingly . Side lines of lots , insofar as practicable , shall be at right angles or radial to street lines . For thoroughfares having a right - of -way width of more than 60 feet , profile grades shall be connected by vertical curves of a minimum length equivalent to 20 times the algebraic difference between the rates of grade , expressed in feet per hundred . For all other thoroughfares , the vertical curves shall be equivalent to ten times such difference . At any point , the minimum sight distance shall be 350 feet . Where provided , a cul - de - sac shall not exceed 1000 feet in length and shall be terminated in a turnaround having a property line radius of not less than 50 feet . Where a dead end street is dedicated for the purpose - of providing future access to adjacent property , its length shall not exceed 1000 feet ; where any lot has its principal access on such street , the street shall be terminated in a turnaround or backaround acceptable to the Town Engineer . The minimum right - of-way width shall be 60 feet in level terrain . Additional right of way may be specified where deep cuts or fills exist . Where a thor - oughfare is designated in the Comprehensive Plan as having fully or partially controlled access , and the subdivider elects to provide a frontage road rather than back or side lots on the thoroughfare , full right -of-way shall be ded - icated for the frontage road . Where , any highway deflects at an angle of ten degrees of more , the minimum radii of center line curvature and the minimum lengths of reverse curves shall be as follows , where not specified in the Comprehensive Plane TYPE OF HIGHWAY RADIUS ( MIN ) TANGENT ( MIN ) ramp 100 100 cul- de - sac 50 100 other local streets 140 100 highway 270 200 15 FOR TOWN BOARD CONSIDERATION I'dhere a thoroughfare contains or abuts a thoroughfare designated as having fully controlled access or partially controlled access in the Comprehensive Plan , the plat shall provide for such control for the purpose of . reducing traffic hazards by eliminating conflict between local traffic entering and leaving driveways and through traffic . Where a plat includes lots which directly abut such a thoroughfare , rather than a - frontage , the Planning Board may require the subdivider , by appropriate instrument deemed suffi - cient by the Town Attorney , to relinquish right of access to the thoroughfare from such lots . Section 24 . Blocks and Lots Each normal . block shall be planned to provide two rows of lots , but irregu - larly shaped blocks indented by cul- de -sac streets will be acceptable when properly designed with an adequate turnaround . The lengths , widths , and shapes of blocks shall be determined with due regard to the provision of building sites suitable to the special needs of the type of uses contemplated , zoning requirements as to lot sizes and dimensions , need for convenient access , circulation , control and safety of highway traffic , solar access and the limitations and opportunities of topography . Residential blocks shall not be more than 1 , 500 feet in length , except as the Planning Board determines necessary to secure efficient use of land or to achieve desired features of the highway system ; measurement of block length shall be between property lines . In any block over 700 feet long , the Plan - ning Board may require the subdivider to dedicate and construct a public walkway across the block . Such walkway shall have a minimum right-of- way of 20 feet , of which at least 8 feet shall be paved . Residential blocks shall be wide enough to provide two tiers of lots of minimum . depth , except where lots back upon a controlled access thoroughfare . The area width , depth , and orientation of lots shall be appropriate for the location of the subdivision and for the type of development permitted by the Zoning Ordinance or contemplated in the Comprehensive Plan . Except for areas which have been previously platted as small lots , minimum lot areas and dimensions shall be as established in the Zoning Ordinance , . . including the approved plans of the planned development districts . In areas which at the effective date of these regulations were substantially platted with lots having areas or widths less than those required by the Zoning Ordinance , the Plan - ning Board may permit the platting or replatting of lots conforming generally in area and width to existing lots in the immediate. vicinity , but the areas shall not be reduced below 6 , 000 square feet or the widths below 50 feet . Where any lot is proposed to be served by an individual sewage disposal system , the minimum dimensions of each lot shall be determined by the Health Department . The Health Department may require the subdivider to provide acceptable percolation tests for lots to be served by individual sewage dis - posal systems , except that no such lot shall have an area of less than 30 , 000 square feet . Corner lots shall be increased in size whenever necessary so as to provide that any structure to be placed thereon shall conform to the provisions of the Zoning Ordinance . Lots which are sufficiently large to make . possible 16 FOR TOWN BOARD CONSIDERATION replatting in the future shall be of such shape to facilitate replatting . Side lot lines shall be substantially at right angles or radial to street lines . Where a building setback line is shown on a plat , it shall not be in front of any building setback line established by ordinance . Section 25 . Solar Access All subdivisions shall be platted so as to preserve or enhance solar access for either passive or active systems , consistent with the other requirements of these regulations . Improvement of solar orientation may be a sufficient consideration , in the judgment of the Planning Board , to warrant site plan modifications . Section 26 . Storm Drainage All land development shall be related to the surrounding drainage pattern , with provisions made for proper storm drainage facilities . All drainage im - provements must be acceptable to the Town Engineer . Minimum runoff shall be determined by the Rational Metliod or an equivalent formula with conven - tional runoff factors , using as a minimum a rainfall rate of . 5 inches per hour . In all instances , provisions shall be made for adequate storm drainage and drainage structures to prevent water from standing in the ends of deadend streets or cul-de - sacs . Diversion of storm flow shall be avoided , if at all possible . If storm water is to be diverted from its natural course , the constructions plans shall include : A . A sketch showing the existing waterway and the location of the proposed channel change ; B . Profile of existing water course ; C . Provisions for sodding or paving to prevent soil erosion and silting in open water courses . Where an underground drainage system is installed , emergency surface drain - age overflows shall be provided to prevent possible flooding in the event of failure of the underground drainage system . In developments with an average grade of seven percent or more , detention ponds , check darns or other structures shall be provided to reduce the veloc - ity of storm runoff . Riprapping shall be required in areas designated by the Town Engineer , Section 27 . Water Supply and Sanitary Sewerage The subdivider shall .install water lines to serve each lot in the subdivision . Where connection to a community water system or public water supply is not to be made immediately but within five years , plans shall be prepared for future installation of a water distribution system to serve each lot. , and those parts of such system which will be in the paved portion of streets and alleys 17 FOR TOWN BOARD CONSIDERATION shall be installed before the streets and alleys are paved . Plans for water systems shall conform in all respects to the standards for the design of water systems of the New York State Department of Health and New . York State Department of Environmental Conservation and shall be subject to the ap - proval of the Town Engineer , the Southern Cayuga Lake Intermunicipal Water Commission , and the Tompkins County Health Department . Sanitary sewers shall be installed to serve each lot in the subdivision when connections are - to be made immediately to a community disposal system or public sewer system . Where such connection to said system is not to be made immediately but within five years , plans shall be prepared for future develop - ment . and installation of a sewerage system to serve each lot , and those parts of such system which will be in the paved portion of . streets and alleys shall be installed before the streets or alleys are paved . Plans for sewer systems shall conform in all respect to the standards for the design of sanitary sewer facilities of the New York State Department of Health and New York State Department of Environmental Conservation and be subject to the approval of the Town Engineer and the Tompkins County Health Department , Section 28 . Survey Monuments Concrete monuments , the specif.icaLions of which are hereinafter set forth , . shall be set in each subdivision . At least two reference ties shall be estab - lished in the most permanent mariner possible , to the exterior . corners of the part finally platted . The markers and ties shall be shown on each final plat of all subdivisions . The monumerit: s shall be placed normally on block corners or points of curve and shall be riu more than 1 , 000 feet apart . The monuments shall be constructed of reinforced concrete ( 3000 psi in 28 . days ) and have no fewer than two no . 3 deformed bars in them , evenly . spaced . The monuments shall be six inches in diameter and 36 inches in . length . Each monument shall have a cross case in the top center or a copper rod extending 4 inch above the concrete . All such monuments may be precast or cast in the hole . Section 29 . Underground Wires and Cables Wires and cables providing local utility and similar services ( including but not limited to , electric , telephone , cable television , and street lighting ) in res - idential subdivisions shall be placed underground . Section 30 . Phased Developments In large , phased developments , a sequential installation of utilities and im - provements shall be described in a manner satisfactory . to the Town Engineer and Town Attorney . The phasing agreement shall provide for the maintenance of existing roads and utilities in the event that insolvency or other economic problems prevent the subdivider from completing the development according to schedule or plan . 18 FOR TOWN BOARD CONSIDERATION ARTICLE V RULES AND REGULATIONS FOR CLUSTERED SUBDIVISIONS Section 31 . Minimum Gross Area The minimum gross area for any clustered subdivision proposal shall be five acres . Clustered subdivisions are permitted in any residential district of the Town of Ithaca , with the exception of Multiple Residence . Altha tee-� n Board --of - t-he.Tomm of--fit-haea- --has—atrthtii'ioe-d—t+te--Pi o--app-r-ave c-lu-stered--subdivision-s—pr-oposed—for agric-uItural--zones—e-r- -dist-r-i_cts-,_tl-ie--Pl-&n - ping - Board - does —not--beli-eve-th-at-- --the—inc-l-usion—of—these lads—within +_ti cluster provision-s —of—Section 28-1--o-f--T-own—Laves-is—.eressarzl at this time , Agricultural lands must first be rezoned to a residential designation before a clustered subdivision plan may be brought before the Planning Board for review . The Planning Board may not require a subdivider to prepare a cluster plan- for lands in an Residence District R9 . The area of the subdivision /.. reserved for open space shall not be more than ten percent of the gross area , and shall contain in any event a parcel with an open area of at least 10 , 000 square feet . At the time of preliminary approval , it shall be determined whether or not the subdivision to be considered shall be a cluster design . If the subdivider presents to the Planning Board a traditional subdivision plan , the Planning Board shall have the authority to approve a preliminary plat for a given number of units , contingent upon all or part of those units being clustered in a final plat acceptable to the Planning Board . In cases where the subdivider proposes to develop a portion of the property as a traditional subdivision and a portion as a clustered subdivision , the Planning Board shall have the authority to approve , modify and approve , or disapprove the proportions of the project and locations which shall be devel - oped traditionally or being clustered . In the event the Planning Board approves a traditional subdivision plan at the preliminary subdivision hearing , the subdivider shall have the option of submitting a cluster plan prior to final plat approval w it r-may be c-orrsi -er e Planning Board . T this ca the Board a� schedule r public hearing p for o n"a1 141 su divisGion appr° � ovval"i"n order to consider the cluster proposal . Section 32 . Number of Dwelling Units Permitted The number of dwelling units permitted in a clustered residential subdivision may in no case exceed the number otherwise permitted , in the Planning Board ' s judgment , by the applicable sections of the Town of Ithaca Zoning Ordinance . The Planning Board may restrict the subdivider to a lesser number of dwelling units if , in the Planning Board ' s judgment , particular conditions of the site warrant such restriction . Notwithstanding the forego - ing , the density of dwelling units in a clustered development shall not exceed 3 . 5 units per gross acre in Residence Districts R15 and R30 . 19 FOR TOWN BOARD CONSIDERATION To determine the number of dwelling units permitted to be clustered pursuant to Section 281 , the Planning Board may require the subdivider , as part of the sketch plat review process , to prepare a conventional subdivision plat which meets all standards of the Zoning Ordinance , subdivision regulations , and Town of Ithaca highway and open space regulations . The Planning Board may exclude areas from the sketch plat which , in its opinion , are unsuitable for construction of the proposed housing because of excessive slopes , poor drainage , or other considerations which may be injuri- ous to the health , safety , and welfare of the community . Considerations which the Planning Board may use in order to limit the number , of dwelling units or lots which may be developed in any clustered subdivision include but are not limited to : a ) will such a development be substantially and materially injurious to the ownership , use and enjoyment of other property in the vicinity or neighborhood ; b ) will such a development impede the orderly development of land in the vicinity or neighborhood , and will such use be appropriate in appearance and in harmony with the existing or intended character of such land in the vicinity or neighborhood ; c ) will the street system and off- street parking facilities handle the expected traffic in a safe and efficient manner and not place an undue burden on existing roads ; d ) will the natural surface drainageways continue to work effectively ; e ) are water and sewerage or waste disposal facilities adequate ; f ) is the environmental quality of the proposal , in terms of site plan - ning , design , and landscaping , compatible with the character of the neighborhood ; g ) are lot area , access , parking , and loading facilities sufficient for the proposed activities ; h ) what effect will the density of such clustered construction and use have on the appearance and maintenance of open spaces in ' a neigh - borhood . The number of units allowed in any clustered subdivision shall not exceed the number determined by the Planning Board as shown on the sketch plat . . The Planning Board may allow the subdivider to cluster the permitted number of dwelling units in detached , semi - detached , attached , or multi- storey struc - tures . No more than six semi- detached , attached , or multi- storey dwelling units shall be permitted to be clustered in any one _ structure , nor shall that structure be more than three storeys high , including the basement or cellar . Distances between structures in the clustered subdivision shall be no less than thirty 20 FOR TOWN BOARD CONSIDERATION ( 30 ) feet . No building shall be more than three storeys . In any event , no building shall be more than thirty ( 30 ) feet in height . Section 33 . Buffer Areas Buffer areas shall be at least thirty ( 30 ) feet wide between the buildings in a clustered subdivision and the boundary of adjacent property in residential , public . use , and agricultural zoning districts , and at least twenty ( 20 ) feet wide between the buildings in a clustered subdivision and the boundary of adjacent property in commercial , industrial , or other zoning districts . Parkland deeded to the Town of Ithaca pursuant to these subdivision regu - lations shall have a buffer of at least twenty ( 20 ) feet . The Planning Board may require a buffer at least forty ( 40 ) feet wide between the edge of the pavement of any public road in a clustered subdivision and any adjoining property . Notwithstanding the foregoing , the Planning Board may require a buffer of at least one hundred and twenty five ( 125 ) feet between a communi - ty center and the boundary of adjacent properties in any zoning district . The Planning Board may also , al: its discretion , require the subdivider to provide adequate landscaping within the buffer area . Parking shall be for - bidden in the buffer area . Section 34 . Regulation of Exterior Characteristics The Planning Board may , in the course of subdivision plat review , regulate the exterior characteristics of any proposed structures or uses in order that the development shall be , in the Judgment of the Planning Board , compatible with the surrounding community . Factors which may be considered in this judgment include , but are not limil: ed to : A ) the view accorded present owners of property , or legal users of public property , in the vicinity of the proposed clustered subdivision after construction of the project ; B ) the size , shape , color , and materials used in the proposed structures and other areas ; C ) ambient noise incidental to the normal activity in the project , as present - ed , or extraordinary noise incidental to the construction of the project ; D ) the phasing plan proposed by the subdivider , if the development is to be built in stages , All chimneys , lightning rods , radio and television antennae , passive or active solar collectors , or other similar appendages which may be permitted in the clustered subdivision shall be detailed in the subdivision plat , map or other documents . These details shall be noted in the conditions of final approval and must be made available to all prospective buyers of property . in the subdivision . The Planning Board may require a subdivider to provide a master antennae or provide cable television service for the development if , in the Board ' s opinion , the location of the proposed development would make the use of separate antennae by individual homeowners unsightly or impractical . 21 FOR TOWN BOARD CONSIDERATION Section 35 . Restriction of Unrelated Persons As a condition of approval of a clustered subdivision plan , the Planning Board may restrict or require the restriction of the number of unrelated persons who may be allowed to live in any dwelling unit or in the clustered development as a whole to a number less than that permitted by the Zoning Ordinance . These restrictions may be made conditions of preliminary or final approval or placed on the subdivision plat or included in the approval of any homeowners ' agreements , covenants and bylaws , open space agreements , and / or similar documents subject to the final ' approval of the Town Board . No Certificate of Occupancy or Compliance shall be issued for any building or dwelling unit in a clustered subdivision unless the Building Inspector has received written assurance that the owner understands that he must abide by the terms and conditions regulating the number of unrelated persons permit - ted to live in the dwelling unit . 22 FOR TOWN BOARD CONSIDERATION ARTICLE VI PRELIMINARY AND FINAL SUBDIVISION PLAT REQUIREMENTS Section 36 . Preliminary Plat Checklist The following information must be filed in the office of the Town Engineer at least ten ( 10 ) days prior to the Planning Board meeting at which time prelimi - nary approval is requested . Contour intervals , to USGS datum , of not more than two feet when the slope is less than four per cent and not more than five feet when the slope is greater than four per cent . Cultural features within and immediately adjacent to the proposed subdivision , including platted lots , highway improvements , bridges , culverts , utility lines , pipelines , power transmission lines , other significant structures , parks , and other significant features , Date of Plat . Direction of flow of all water- courses . Drainage area above point of entry for each water course entering or abutting the tract . Four dark-line prints of improvement plans and information if improvements are required . Four dark-line prints ' of the proposed plat . Fully completed Environmental Assessment Forms , with comments from the Town Engineer or Town Planner indicating whether the proposed subdivision is a Type I , Type II , or Unlisted action and indicating a recommendation for negative or positive declaration of environmental impacts . General layout , including lot lines with dimensions ; block and lot numbers ; highway and alley lines , with 60 feet wide highway rights -of-way ; areas to be reserved for use in common by resi - dents of the subdivision ; sites for nonresidential , non -public uses ; easements for utilities , drainage , or other purposes ; and building setback lines , with dimensions . General layout of the proposed highways , blocks , and lots within the proposed subdivision . Tentative highway names . Key map , when more than one sheet is required to present plat . Location and description of all section line corners and government survey monuments in or near the subdivision , to at least one of which the subdivision shall be referenced by true courses and distances . 23 FOR TOWN BOARD CONSIDERATION Location , name , and dimensions of each existing highway and alley and each utility , drainage , or similar easement within , abutting , or in the immediate vicinity of the proposed subdivision . Map Scale ( 1 ° = 50 ' or 1 " = 1001 ) and north point . Name of planner , architect , engineer , land surveyor , landscape architect , or other person who prepared the sketch plat or prelimi - nary plat . Name of subdivision , which shall not . duplicate the name of any other subdivision in the county . Name of town , county , and state . Names ) and address ( es ) of the owner ( s ) Names ) and address ( es ) of the subdivider ( s ) if the subdividers ) is ( are ) not the owner ( s ) . Names and addresses of owners of all parcels abutting the proposed subdivision . Names of recorded subdivisions abutting the proposed subdivision . Natural features within and immediately adjacent to the proposed subdivision , including drainage channels , bodies of water , wooded areas , and other significant features . Identification of areas sub - ject to flooding as indicated on HUD Flood Boundary Maps , Wetlands Maps . Restrictive covenants , if any . Vicinity Map showing the general location of the property , . 1 " = 1000 ' or 111 = 20001 . Width at building line of lots located on a curve or having non -parallel side lines , when required by the . Planning Board . 24 FOR TOWN . BOARD CONSIDERATION Section 37 . Form of Final Plat The following information must be filed in the office of the Town Engineer at least ten . ( 10 ) days prior to the Planning Board meeting at which time final approval is requested . Accurate locations and descriptions of all subdivision monuments . Accurate outlines and descriptions of any areas to be dedicated or reserved for public use or acquisition , with the purposes indicated thereon ; any areas to be reserved by deed covenant for common uses of all property owners in the subdivision . Border lines bounding the sheet , one inch from the left edge and one half inch from each of the other edges ; all information , includ - ing all plat lines , lettering , signatures , and seals , shall be within the border lines . Building setback lines with dimensions . Date of Plat . Exact boundary lines of the tract , indicated by a heavy line giving dimensions , angles , and at least one bearing . Exact boundary lines of the tract , indicated by a heavy line , giving dimensions to the nearest one hundredth foot and angles to the nearest one -half minute ; the traverse shall be balanced . and closed with an error of closure-', not to exceed one to two thousand ; the type of closure shall be rioted . Four dark -line prints of the proposed plat . Fully completed Environmental Assessment Forms , with comments from the Town Engineer or Town Planner indicating whether the proposed subdivision is a Type I , Type II , or Unlisted action and indicating a recommendation for negative or positive declaration of environmental impacts . Highway and alley boundary or right -of-way lines , showing boundary , right - of-way or easement width and any other informa - tion needed for locating such lines ; purposes of easements . Highway center lines , showing angles of deflection , angles of intersection , radii , lengths of tangents and arcs , and degree of curvature , with basis of curve data . Lengths and distances shall be to the nearest one hundredth foot . Angles shall be to the nearest half minute . Highway names . Key map , when more than one sheet is required to present plat . 25 FOR TOWN BOARD CONSIDERATION Location and description of all section line corners and government survey monuments in or near the subdivision , to at least one of which the subdivision shall be referenced by true courses and distances . Location , name , and dimensions of each existing highway and alley and each utility , drainage , or similar easement within , abutting , or in the immediate vicinity of the proposed subdivision . Location of the property by legal description , including areas in acres or square feet . Source of title , including deed record book and page numbers . Lot lines , fully dimensioned , with lengths to the nearest one -hundredth foot and angles or bearings to the nearest one-half minute . Map Scale ( 1 " = 50 ' or I " .. 1.001 ) and north point . Mortgagor ' s certificate : certificate signed and sealed by the mortgagor ( s ) , if any , to the effect that he consents to the plat and the dedications and restrictions shown on or referred to on the plat . Name of subdivision , which shall not duplicate the name of any other subdivision in the county . Name of town , county , and state . Name ( s ) and address ( es ) of the owner ( s ) . Name ( s ) and address ( es ) of the subdivider ( s ) , if the subdividers ) is ( are ) not the owner ( s ) . Name and seal of the registered land surveyor or engineer who prepared the topographic information . Date of survey . Name and seal of registered land surveyor who made the boundary survey . Date of the survey . Names and addresses of owners of all parcels abutting the proposed subdivision . Names of recorded subdivisions abutting the proposed subdivision . Owner ' s certificate : a certificate signed by the owner ( s ) to the effect the he ( they ) owns the land , that he has caused the land to be surveyed and divided , and that he makes the dedications indi - cated on the plat . Certification signed by the chairman or other designated official or agent of the Planning Board to the effect that the plat was given preliminary approval by the Planning Board . 26 FOR TOWN BOARD CONSIDERATION Reference to any separate instruments , including restrictive covenants , which directly affect the . land in the subdivision . Surveyor ' s certificate : certificate signed and sealed by a registered land surveyor to the effect that ( 1 ) the plat represents a survey made by him , ( 2 ) the plat is a correct representation of all exterior boundaries of the land surveyed and the subdivision of it , ( 3 ) all monuments indicated on the plat actually exist and their location , size and material are correctly shown , and ( 4 ) the requirements of these regulations and New York State laws relating to subdividing and surveying have been complied with . Tax and assessment certificate : a certificate signed by the county treasurer and other officials as may be appropriate , to the effect that there are no unpaid taxes due and payable at the time of plat approval and no unpaid special assessments , and that all outstand - ing taxes and special assessments have been paid on all property dedicated to public use . The blocks numbered consecutively throughout the subdivision and the lots numbered consecutively throughout each block . The original or mylar copy of the plat to be recorded and four dark- line prints , on one or more sheets . Two copies of the County Health Department approval of the water supply and / or sewerage system . Vicinity Map showing the general location of the property , 111 = 1000 ' or 111 = 20001 . Width at building line of lots located on a curve or having non-parallel side lines , when required by the Planning Board . 27 FOR TOWN BOARD CONSIDERATION Section 38 . Improvement Plans and Related Information Where improvements are required for a proposed subdivision , the following documents shall be submitted to the Planning Board : `Detailed construction plans and specifications ' for. water li nes , . including locations and descriptions of mains , valves , hydrants , appurtenances , etc . Detailed construction plans , profiles , and specifications for sanitary sewers and storm drainage facilities , including locations and de - scriptions of pipes , manholes , lift stations , and other facilities . Highway paving plans and specifications . The estimated cost of : a . grading and filling , be culverts , swales and other storm drainage facilities , c . sanitary sewers , do water lines , valves , and fire hydrants , e . paving , curbs , gutters , and sidewalks , fe any other improvements required by these regulations , The plan and profile of each proposed highway in the subdivision , with grade indicated , drawn to a scale of one inch equals . 50 feet horizontal , and one inch equals 5 feet vertical , on standard plan and profile sheets . Profiles shall show accurately the profile of the highway or alley along the highway center line and location of the sidewalks , if any . 28 Town Board 13 March 12 , 1984 Motion by Supervisor Desch ; seconded by Councilman Cramer , RESOLVED , that the Town Board of the Town of Ithaca will meet and hold a public hearing on April 9 , 1984 , at 7 : 30 P . M . , at the Town Hall , 126 East Seneca Street , Ithaca , New York , to consider the adoption of the Definition of a Family . (Desch , Kugler , Raffensperger , Cramer , Howell and Bartholf voting Aye . Nays - none) . HANSHAW ROAD WATER LINE CROSSING ® Councilman Kugler asked if the line would be direct bury with no sleeves ? Town Engineer Fabbroni responded that he did not expect to sleeve the pipe . Councilwoman Raffensperger questioned if this was a service we would do for any other taxpayer ? Supervisor Desch responded yes , especially with the amount of water usage . RESOLUTION N0 . 48 Motion by Councilman Kugler ; seconded by Councilwoman Raffensperger , WHEREAS , the Water 1984 Distribution and Sewer 1984 Collection Improvements Engineer ' s Report , revised February 17 , 1984 , contains a Northeast Water extension of an 8-inch watermain from the north side of Hanshaw Road to Cornell University ' s property line on the south side of Hanshaw Road , and WHEREAS , Cornell University wishes to install 2 , 000 feet of 8 -inch watermain from the south side of Hanshaw Road to the so-called "Warren Farm" operation within the next ninety ( 90 ) days , and WHEREAS , the improvement is expected to cost less than $ 7 , 000 . 00 and is not a part of the package of improvements to be bonded , NOW THEREFORE BE IT RESOLVED , by the Town Board of the Town of Ithaca to authorize the Town Engineer to obtain three proposals for completing the Town portion of the work , and FURTHER BE IT RESOLVED , that the Town Board authorizes the Town Supervisor to execute a purchase offer for said work upon a review of proposals with the Town Engineer . ( Desch , Kugler , Raffensperger , Cramer , Howell and Bartholf voting Aye . Nays - none) . SALARY INCREASE FOR PART-TIME BOOKKEEPER Councilwoman Raffensperger stated that at the end of 1984 , there should be a reevaluation of the need for the position . Supervisor Desch indicated that he agreed with the need to reevaluate the need of the position . RESOLUTION NO . 49 Motion by Supervisor Desch , seconded by Councilwoman Howell , IRS Town Board 14 1 March 12 , 1984 WHEREAS , putting the Town of Ithaca payroll on computer has freed Pat Punger from this responsibility, and she will now be able to assist in other bookkeeping duties such as preparation of vouchers and issuance of purchase orders , etc . , and WHEREAS , Pat has proven to be a valuable employee during her six month employement , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes a title change in the position from Payroll Clerk to Clerk/Typist , AND FURTHER BE IT RESOLVED , that the Town Board of the Town of ® Ithaca authorizes a 50 � per hour increase in salary , from $ 5 . 00 per hour to $ 5 . 50 per hour effective April 2 , 1984 . ( Desch , Kugler , Raffensperger , Cramer , Howell and Bartholf voting Aye . Nays - none ) . TOWN OF ITHACA WARRANTS RESOLUTION NO , 50 Motion by Councilman Cramer ; seconded by Councilman Bartholf , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the Town of Ithaca Warrants dated March 12 , 1984 , in the following amounts . General Fund - Town Wide . . . . . . . . . . . . . . . . . . . $ 41 , 284907 General Fund - Outside Village . . . . . . . . . . . . . $ 7 , 239 . 63 Highway Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 81 , 947996 Water & Sewer Fund . . . . . . . . . . . . . . . . . . . . . . . . . $ 196 , 912 . 88 Federal Revenue Sharing Fund . . . . . . . . . . . . . . . $ 6 , 055901 Fire Protection Fund . . . . . . . . . . . . . . . . . . . . . . . $ 112 , 439 . 25 Lighting Districts Fund . . . . . . . . . . . . . . . . . . . . $ 314 . 55 Parks Reserve Fund . . . . . . . . . . . . . . . . . . . . . . . . . $ 2 , 445 . 14 Capitol Projects Fund . . . . . . . . . . . . . . . . . . . . . . $ 46 , 147 . 51 ( Desch , Kugler , Raffensperger , Cramer , Howell and Bartholf voting Aye . Nays - none) . BOLTON POINT WARRANT'S RESOLUTION NO . 51 Motion by Supervisor Desch ; seconded by Councilman Kugier , ' RESOLVED, that the Bolton Point Warrants dated March 12 , 1984 , in the Operating Account are hereby approved , in the amount of $ 67 , 921 . 12 after review and upon the recommendation of the Southern Cayuga Lake Intermunicipal Water Commission , they are in order for payment . ® (Desch , Kugler , Raffensperger , Cramer , Howell and Bartholf voting Aye . Nays - none ) . SUMMER WORK/ STUDY STUDENTS RESOLUTION NO , 52 Councilman Kugler ; seconded by Councilman Bartholf , Town Board 15 March 12 , 1984 WHEREAS , the Town Board of the Town of Ithaca has , over the years , supported a reasonable level of temporary summer assistance to support the planning , design , construction , and maintenance needs of the Town , and WHEREAS , the preliminary work plan for 1984 Summer Program includes the need for one technical aide for Burns Road , one technical aide for water and sewer construction , one technical aide for a three-man surveying crew, one four man park crew , and five miscellaneous secretarial aides , janitors , or maintenance helpers , and WHEREAS , the three technical aides would require basic training generally of a Junior Civil Engineering student, and WHEREAS , such assistance is available through a pool of students from Cornell University under Summer Work/Study or the Cornell Tradition programs at a partial cost of up to 33 % of total wages , paid , NOW THEREFORE BE IT RESOLVED , that the Town Engineer be authorized to hire three technical aides from the Cornell Work/Study or the Cornell Tradition programs for the period between May 21 , 1984 and August 24 , 1984 , at a cost to the Town not to exceed $ 900 . 00 each . (Desch , Kugler , Raffensperger , Cramer , Howell and Bartholf voting Aye . Nays - none) . AUTHORIZE TOWN HISTORIAN TO ATTEND CONFERENCE RESOLUTION N0 , 53 Motion by Councilwoman Raffensperger ; seconded by Councilman Cramer , RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes Town Historian , Helen Blauvelt to attend the Institute of Local Historians at Rensselaerville , New York , April 8 , 90 10 , and 11 , 1984 . (Desch , Kugler , Raffensperger , Cramer , Howell and Bartholf voting Aye . Nays - nones ) . ADJOURNMENT The meeting was duly adjourned . ;own Clerk f ,