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HomeMy WebLinkAboutLL 09 of 2011 Moratorium--West Hill w Appendix & Map TOWN OF ITHACA LOCAL LAW NO._OF THE YEAR 2011 A LOCAL LAW PROVIDING FOR A MORATORIUM ON DEVELOPMENT IN A PORTION OF THE TOWN BETWEEN TRUMANSBURG ROAD AND MECKLENBURG ROAD FOR A PERIOD OF THREE HUNDRED SIXTY-FIVE (365) DAYS Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Findings and Purpose. The Town Board of the Town of Ithaca finds: A. The 1993 Town of Ithaca Comprehensive Plan, as amended("Comprehensive Plan"), identifies certain development goals and strategies for growth within the Town. Comprehensive Plan Chapter III, Section B, entitled"Managing the Built Environment," includes as objectives: • Performance standards for new development. • Focus development to avoid sprawl. • Minimization of adverse environmental impacts resulting from development. • Efficient use of public infrastructure and facilities. • Creative, efficient and attractive plans and designs for all development, which are also compatible with or enhance their surroundings. • Well-designed physical and visual transitions between different land uses to minimize conflicts. B. To accomplish the objective of"performance standards for new development,"the Comprehensive Plan recommends that the Town should, among other things, "Consider design criteria and construction specifications for the Subdivision Regulations and Zoning Ordinance." C. To accomplish the objective of"focus development and reduce sprawl,"the Comprehensive Plan recommends that the Town should, among other things: • Update and maintain on a regular basis the anticipated land use map and narrative. • Plan its development patterns with densities that justify conveniently located shops and/or facilitate access to existing shops. • Evaluate how and where limited mixing of uses might best occur. D. To accomplish the objective of"minimization of adverse environmental impacts resulting from development,"the Comprehensive Plan recommends the Town should, among other things, "Require site designs that minimize impacts to the natural environment, impacts of traffic on-site and offsite, erosion, sedimentation, and storm water runoff." E. To accomplish the objective of"efficient use of public infrastructure and facilities,"the Comprehensive Plan recommends the Town should, among other things, June 17,2011 1 "Focus major developments in areas where adequate public infrastructure and facilities exist." F. Comprehensive Plan Chapter III, Section F, entitled"Transportation," includes as objectives: • A reduced need for cars in the greater Ithaca area through development of a diversified transportation system which emphasizes more fuel-efficient forms of transportation such as public transit,bicycling and walking. • An appropriate transportation network. • Minimal negative impacts on people and the environment from traffic, road maintenance, road construction, noise, exhaust, and the like. • Appropriate accident prevention strategies. • Future development designed so as to minimize adverse impacts on present roadway efficiency and safety, as well as future roadway corridor locations. G. To accomplish the aforementioned objectives, the Comprehensive Plan recommends, among other things, that the Town should: • To the extent possible, integrate the elements of the transportation network which serve to reduce automobile use, such as pedestrian paths or bikeways, park- and-ride lots, and public transit. • Where possible,physically separate pedestrian paths and bikeways from roads carrying large volumes of traffic. • Strive to protect residential areas from the adverse effects of traffic: limit through traffic, road widths, traffic volumes and speeds; develop appropriate visual and sound barriers between roads and residences; ensure that new arterial and collector roads avoid residential areas. • Ensure that large volumes of traffic are not routed through residential areas or through awkward or confusing intersections. • Limit the scale and concentration of development to what can be supported by the transportation system. H. Comprehensive Plan Chapter III, Section G, entitled"Public Utilities, Facilities, and Services," includes as an objective "Public water and sewer systems located, constructed, and maintained in accordance with the goals and objectives of this Plan." To accomplish this objective, the Comprehensive Plan recommends, among other things, that the Town should"Limit extension of water and sewer services into areas not designated for intensive development except when required for public health and safety." 1. The Town of Ithaca's 2007 Transportation Plan identifies the following need and goals, among others: • Need: "Greater number and variety of multi-modal options in the area to keep cars off the road, especially in sensitive residential areas." • Goal: "Ensure that future development minimizes adverse impacts on the current and future transportation system by providing development patterns that reduce the need for and use of automobiles and encourage the use of alternate modes of transportation." • Goal: "Develop and maintain a multi-modal transportation system that provides for the effective movement of people and goods." June 17,2011 2 J. The Town of Ithaca's Transportation Plan states that the Ithaca-Tompkins County Transportation Council ("ITCTC") calculated vehicle over capacity ratios ("VOCs") of roads throughout Tompkins County for its 2025 Long Range Transportation Plan (adopted 2004). The Town's Transportation Plan states, "According to their [ITCTC's] model, Route 96 in the Town of Ithaca from the City of Ithaca to Iradell Road is already operating at or near capacity. The outbound segment from the City of Ithaca to Harris B. Dates Drive (the hospital driveway) is operating at a VOC of 1.08, while the segment from the hospital to the Town of Ulysses is operating at a VOC of 0.86-0.87." The Transportation Plan states that any number greater than 1.00 means that, theoretically, the road is carrying more traffic than it was designed to handle. The Transportation Plan compares the Route 96 (Trumansburg Road)VOCs to those for Route 79 (Mecklenburg Road), which show much less congestion with an outbound VOC of 0.37 near the City of Ithaca and .033 past Rachel Carson Way. K. The Town of Ithaca Comprehensive Plan Committee is updating the 1993 Comprehensive Plan. Among other things, the Comprehensive Plan Committee has: • Reviewed and is the process of developing a Future Land Use Map to replace the Anticipated Land Use Map from the 1993 Comprehensive Plan. Among other things, the Comprehensive Plan Committee has discussed plans for potential growth areas throughout the Town, including on West Hill. • Discussed the occurrence of sprawl development and traffic on West Hill, and discussed objectives and recommendations to include in the Comprehensive Plan to address these issues. • Discussed the possibility of a new connector road on West Hill between Bundy Road and Mecklenburg Road. • Discussed pedestrian and bicycle connections between Trumansburg Road and Mecklenburg Road. L. The Comprehensive Plan Committee is examining a draft neighborhood plan on West Hill that would encompass much of the area between Trumansburg Road and Mecklenburg Road that is included in the proposed moratorium. The plan would encourage mixed use development and a variety of housing types and sizes to be developed along a new road/bicycle/pedestrian corridor that would run between Trumansburg Road and Mecklenburg Road. The plan may use a form-based zoning approach, in which the form and scale of the neighborhood would be regulated. Some large,undeveloped parcels exist within the area encompassed by both the draft neighborhood plan and moratorium. Some of these parcels are under development pressure and have had stand-alone, disconnected developments proposed for them. If these parcels are developed before the neighborhood plan is finalized and incorporated into the revised Comprehensive Plan, the goal of a cohesive,mixed use walkable neighborhood for this area would be frustrated. M. Through the Comprehensive Plan revision process, the Town Board will be identifying pedestrian and bicycle connections in the moratorium area between Trumansburg Road and Mecklenburg Road. The road./pedestrian/bicycle corridor described above is one potential location for such connections. Pending the completion June 17,2011 3 of the revised Comprehensive Plan,the moratorium is needed so developments do not preclude the Town's ability to create such connections. N. Public water and sewer infrastructure is not available throughout much of the moratorium area. Through the Comprehensive Plan revision process, the Town Board will determine the locations in which this public infrastructure should be extended or limited. Until this occurs, larger developments should not proceed. O. West Hill traffic issues are of concern, especially rush hour traffic bottlenecks into the City of Ithaca, and increased traffic in West Hill neighborhoods as frustrated drivers try to avoid the worst bottlenecks. The revised Comprehensive Plan will review the carrying capacity of the West Hill road network serving the moratorium area and will examine the locations and impacts of potential new roads within the moratorium area. Until this occurs, larger developments should not proceed so developments do not preclude the Town's ability to determine the locations of any new roads. P. It is anticipated that the ongoing Comprehensive Plan revision and the Town Board's review, study and consideration of these issues can be completed within one year of the effective date of this local law, and that legislation, if needed, can be drafted and properly adopted within that timeframe. Q. The Town Board is concerned that any Comprehensive Plan revisions and any new legislation would be significantly subverted if development proposals within the moratorium area were to be entertained and possibly approved before completion of the Comprehensive Plan revisions and before the Town Board considers legislation to address objectives and recommendations in the revised Comprehensive Plan. R. Accordingly, to protect the public health, safety and welfare, it is the intention of the Town Board to prevent the consideration and approval of certain types of development during the limited time the Town needs to complete the Comprehensive Plan revisions and adopt subsequent legislation. Section 2. Prohibited Actions. For a period of three hundred sixty-five (365) days from the effective date of this local law, the Town Board hereby declares a moratorium prohibiting each of the following actions on the Town of Ithaca Tax Parcels identified on the attached map titled"West Hill Area Moratorium Boundary," dated June 16, 2011, and on its appendix, regardless of the submittal or receipt of any application prior to the effective date of this local law, unless permitted under Section 3 hereunder: A. Acceptance, consideration, preliminary approval or final approval by the Town of Ithaca Planning Board of any plan or application for subdivision of any parcel into three (3) or more lots. B. Acceptance, consideration, preliminary approval or final approval by the Town of Ithaca Planning Board of any site plan or special permit. C. Acceptance, consideration, preliminary approval or final approval by the Town of Ithaca Zoning Board of Appeals of any special approval. June 17,2011 4 D. Acceptance, consideration, preliminary approval or final approval by the Town of Ithaca Zoning Board of Appeals of any application for variance in connection with any activity prohibited hereunder. E. The issuance of building permits by a Town of Ithaca Code Enforcement Officer in connection with any activity prohibited hereunder. F. The creation or extension of any new Town or private street. G. The issuance of any permit for the extraction or deposit of fill and related products pursuant to Section 270-217 of the Town of Ithaca Code. Section 3. Exemptions. The following actions are exempt from the above-described moratorium to the extent set forth herein: A. Issuance of a building permit by a Code Enforcement Officer for the construction of one dwelling (one-family or two-family) on each tax parcel within the moratorium area where a single or two-family house is a permitted use. B. Issuance of a building permit by a Code Enforcement Officer for the expansion of a pre-existing single or two-family dwelling, an institutional facility, or a commercial facility, provided that the expansion does not increase the interior square footage of a one family dwelling by more than 50%, a two-family dwelling by more than 25%per unit, or commercial and institutional buildings by more than 10%. C. Any subdivision of land, site plan, special permit or special approval that has received conditional final approval from the Planning Board or Zoning Board of Appeals prior to the effective date of this local law, and time extensions of such pre-existing approvals, shall be exempt from the above-described moratorium. D. The Planning Board and Zoning Board of Appeals may continue to consider and review any proposal or appeal otherwise prohibited hereunder, and make determinations under the State Environmental Quality Review Act("SEQRA") regarding such proposals and appeals, subject to the following terms and conditions: 1. The applicant has submitted a valid application as of the effective date of this local law. 2. The applicant assumes the sole risk of pecuniary or other loss, including without limitation the costs of technical and legal consultation and the costs of preparation of any submittals, reports or information required by the Planning Board or Zoning Board of Appeals pursuant to the Code of the Town of Ithaca, SEQRA or other applicable laws or regulations, arising out of such continued consideration and review during the pendency of this moratorium. June 17,2011 5 3. Applications processed under this subsection 3(C) will, unless otherwise stated herein,be determined by the provisions of the Comprehensive Plan of the Town of Ithaca and the Code of the Town of Ithaca in effect at the time of such determinations, and not as of the date of this local law. 4. Applicants are hereby informed that the Town Board of the Town of Ithaca is considering changes to such Comprehensive Plan and Code which may address or affect the issues raised by their applications, and which may alter the determinations thereon by the Planning Board or Zoning Board of Appeals, as applicable, from those which might have occurred in the absence of such changes. 5. The Planning Board and Zoning Board of Appeals shall not issue any preliminary or final approval of any application subject to the moratorium during its term. Section 4. Waivers. A. Any property owner may appeal to the Town Board for a waiver of the above prohibitions, and the Town Board shall have the power on good cause shown to grant such relief, or so much relief as said Board may determine to be necessary and appropriate. In determining the suitability of a waiver under this section, the Town Board shall consider the following factors: 1. Unnecessary hardship to the petitioner,which hardship is substantially greater than any harm to the general public welfare that would result from the granting of the waiver(for the purposes of this local law,unnecessary hardship shall not be the mere delay in receiving an approval, the granting of which is otherwise stayed, during the period imposed by this local law); and 2. The project's harmony (or lack thereof) with the existing character of the community as a whole and the area of the community in which the property is located; and 3. Whether the application for which the relief is requested is consistent with any interim data, recommendations, or conclusions which may be drawn at the time of the public hearing from the aforementioned review and study; and 4. Whether the application for which the relief is requested is consistent with proposed new or amended laws, ordinances or regulations, if and as such may exist at the time of the public hearing. B. Waiver procedure. Such petition shall be the subject of a public hearing before the Town Board. Upon submittal of a written petition to the Town Clerk by the property owner seeking a waiver of this moratorium in a form to be provided by the Town Clerk, and supported by such documentation as the applicant deems relevant, the Town Board shall, within forty (40) days of receipt of such petition, conduct a public hearing on said petition upon five (5) days public notification in the official newspaper of June 17,2011 6 the Town. At said public hearing, the property owner and other parties wishing to present evidence on the proposed waiver shall have an opportunity to be heard. The Town Board shall, within forty (40) days of the close of the public hearing,render its decision in writing, either granting or denying the petition for a waiver from the strict requirements of the moratorium. C. It shall be within the discretion of the Town Board to grant in whole or in part, grant with conditions, or deny, the petition for relief from the terms of this moratorium. Any subsequent consideration and approval by the Planning Board or Zoning Board of Appeals, or subsequent permit issuance by the appropriate Town official, must comply with the Town Code provisions in effect at the time of such approval or issuance, including any applicable provisions which the Town Board may adopt pursuant to the aforementioned review and study. Section 5. Statement of Authority and Supersession. A. The Town Board adopts this local law pursuant to authority in the New York State Constitution, Article IX, Section 2; section 10 of the New York Municipal Home Rule Law; section 10 of the Statute of Local Governments; the relevant provisions of the Town Law of the State of New York; the laws of the Town of Ithaca; and the general police power vested with the Town of Ithaca to promote the health, safety and welfare of all residents and property owners in the Town. B. During the time that this law is in effect, it shall take precedence over and shall be considered controlling over contrary laws, ordinances and provisions. It is the intent of the Town Board, pursuant to authority under section 10, subdivision I(ii)(d)(3), and section 22 of the Municipal Home Rule Law, to supersede inconsistent provisions of the New York State Town Law and the Code of the Town of Ithaca. 1. In particular, it is the intent of the Town Board, pursuant to authority under sections 10 and 22 of the Municipal Home Rule Law, to supersede inconsistent provisions of the New York State Town Law and the Code of the Town of Ithaca relating to time limits in connection with zoning and planning determinations. Without limitation, the instant local law hereby supersedes the following provisions of the Town Law of New York State: a. Subdivisions 7 and 8 of section 267-a, relating to time limits for Zoning Board of Appeals hearings and decisions, respectively b. Subdivision 8 of section 274-a,relating to time limits for hearings and Planning Board determinations on site plan applications c. Subdivision 6 of section 274-b,relating to time limits for hearings and determinations on application for special use permits d. Subsections 5(d)(i)(1), 5(d)(i)(2) and 5(e)(i) of section 276, relating to time limits for public hearings on preliminary plats June 17,2011 7 e. Subsections 5(d)(iii)(1), 5(d)(iii)(2), 5(e)(iii)(1) and 5(e)(iii)(2) of section 276, relating to time limits for Planning Board determinations on preliminary plats f. Subsections 6(d)(i)(1)(a) and(b), and 6(d)(ii)(1) of section 276, relating to time limits for public hearings on final plats g. Subsections 6(b), 6(d)(i)(3)(a) and(b), and 6(d)(ii)(3)(a) and (b) of section 276, relating to time limits for Planning Board determinations on final plats h. Section 267-b, relating to the hearing of appeals for variances by the Zoning Board of Appeals. 2. For the duration of this moratorium, the Town Board also intends to supersede, and the instant local law hereby supersedes, all provisions of the Ithaca Town Code which impose time limits on applications for approvals subject to the instant moratorium, including without limitation Ithaca Town Code sections 234- 4.A, 234-15.A, 234-16.A and C, and 270-236.D and E relating to hearings and determinations on subdivision applications; Ithaca Town Code sections 270-185.E and G, 270-191, and 270-236.D and E relating to hearings and determinations on site plan applications; Ithaca Town Code sections 270-198.C, 270-201, and 270- 236.1) and E relating to hearings and determinations on special permit and special approval applications; Ithaca Town Code sections 270-235.E and F relating to Zoning Board of Appeals hearings and determinations, and Ithaca Town Code section 1254.1)relating to issuance of building permits. 3. For the duration of this moratorium, the Town Board also intends to supersede, and the instant local law hereby supersedes, section 262 of the Town Law of New York State to the extent that the provisions of said section are inconsistent with any provision herein. Section 6. Penalties. Any person or entity that develops, constructs or establishes any project or structure in violation of this local law shall be subject to the penalties set forth in Section 268 of the Town Law of the State of New York. In addition, the proper authorities of the Town may institute any appropriate action or proceeding to enjoin, prevent, restrain, correct or abate such violation of this local law. Section 7. Term. This local law shall be in effect for a period of three hundred sixty-five (365) days from its effective date, provided, however, that the penalty section shall remain in full force and effect after such date for the purpose of prosecuting any violation which occurred during the effective period of this local law. Section 8. Validity. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. June 17,2011 8 Section 9. Effective Date. This local law shall take effect immediately upon filing with the New York Secretary of State. June 17,2011 9 Appendix Tax Parcels Included in"West Hill Area Moratorium Boundary Map," dated June 16, 2011 24.-4-10 26.-2-4 26.-3-9 27.-1-12 27.-1-35.2 24.-4-11 26.-2-5 26.-6-1 27.-1-13.11 27.-1-35.3 24.-4-12 26.-2-6 26.-6-2 27.-1-13.121 27.-1-35.4 24.-4-14.25 26.-2-7 26.-6-3 27.-1-13.122 27.-1-35.5 24.-4-14.3 26.-3-1 26.-6-4 27.-1-13.13 27.-1-35.6 24.-4-14.4 26.-3-11 26.-6-5.1 27.-1-13.14 27.-1-35.7 24.-4-14.5 26.-3-12 26.-6-5.2 27.-1-13.15 27.-1-35.8 24.-4-5.4 26.-3-13 26.-7-1 27.-1-13.161 27.-1-35.9 24.-4-6.2 26.-3-14 26.-7-2 27.-1-13.162 27.-1-9 24.-4-8 26.-3-16.1 26.-8-1 27.-1-13.17 24.-4-9 26.-3-16.2 26.-9-1 27.-1-13.18 24.-5-7.2 26.-3-17 26.-9-2 27.-1-13.2 26.-1-1 26.-3-18 26.-9-3 27.-1-14.11 26.-1-2 26.-3-2 26.-9-4 27.-1-14.12 26.-1-3 26.-3-3 27.-1-11.1 27.-1-14.2 26.-1-4 26.-3-4 27.-1-11.22 27.-1-15.2 26.-1-5 26.-3-5 27.-1-11.3 27.-1-35.1 26.-2-1 26.-3-6 27.-1-11.4 27.-1-35.10 26.-2-2 26.-3-7.1 27.-1-11.5 27.-1-35.11 26.-2-3 26.-3-8.2 27.-1-11.6 27.-1-35.12 West Hill Area Moratorium Boundary Town of Ulysses Is v LDR LR F- Cayuga Lake C P3 Hayts Rd OPC d MR d P4 o o CL Bundy Rd a� w_ c 3 AG r City of Ithaca LDR MDR P8 Proposed area included in the Moratorium aarr � w� 'n LR MDR OPC C u- -------- l fiem'eyO4r 0 025 05 LDR © MR L_ AG P June 16,2011