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HomeMy WebLinkAboutEstablishment of Subdivision Regulations 1955• • 1 T4, SUBDIVISION REGULATIONS * Planning Board of the Town of Ithaca, Tompkins County Section 1. By resolution adopted by the Town Board m the 6 day of Oct., 1955 pursuant to the provisions of Article 16 of the Town Law, the Planning Board of the Town of Ithaca has the power and authority to approve plats for subdivisions within that part of the Town of Ithaca outside the limits of any incorporated city or vil- lage. Section 2. By Resolution adopted by the Town Board on the 3rd day of Nov. 1955) the planning board of the Town of Ithaca be and it hereby is empowered at the time of the approva.1 of a plat either to confirm the zoning regulations of the land so platted as shown on�the official zoning maps of the town or to make any reasonable change therein upon follov;ing the procedure required by Section 281 of the Town Law. Section 3. DEFINITIONS For the purpose of these regulations certain words used herein are defined as follows: Board - -means the Planning Board of the Town of Ithaca Engineer- -means the duly designated engineer of the Town of Ithaca or if there be no such official, the planning consultant or Town Official employed by or assigned to the Town Planning Board. Subdivision- -means 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 for building development in such. a way as to create one or more new streets. Sketch Plan- -means the proposed general plan of streets, lots or other features that may be submitted to the Board by the Subdivider for informal discussion and re- view, on which the Preliminary Layout will be based. Preliminary Layout- -Means the preliminary drawings indicating the proposed lay- out of the subdivision to be submitted to the Planning Board for its consideration. Plat- -means the final map, drawing or chart on which the subdivider's plan of subdivision is presented to the Planning Board for approval, and which, if approved, will be submitted to the county clerk or registrar -for recording. Official Nlap- -means the map established by the Town Board under Section 270 of the Town Law showing streets, highways and other public proposals theretofore laid out, adopted and established by law and any amendments thereto adopted by the Town Board or additions thereto resulting from approval of subdivision plats by the Planning Board and the subsequent filing of such approved plats. Master Plan - -means a comprehensive plan prepared by the Planning Board pursuant to Section 272a of the Town Law which indicates the general locations recommended for the various functional classes of public works, places and structures and for the gen- eral physical..development of the Town of Ithaca and includes any unit or part of such plan separately adopted and any amendment to such plan or parts thereof. Section 4. PROCEDURE. A. Prior to the filing of an application for approval of the Preliminary Lay- out, the Subdivider may submit to the Board a Sketch Plan as specified in Section 6. This does not require formal application. The Board or a committee of the Board shall discuss with the Subdivider or his agent the proposed plan of subdivision and shall indicate to the Subdivider the changes, if any, that will be required and the pro- cedure for submitting and obtaining approval of the Preliminary Layout. B. Whenever any subdivision of land is proposed to be made and before any con- tract for the sale of or any offer to sell such subdivision or any lot or part there- of is made, and before any permit for the erection of a structure shall be granted, the subdivider, or owner thereof, or his agent shall apply in writing-to the board for approval of such s- bdivision. The application of the subdivider, owner, or agent to the board shall conform to the specification in section 4, 6 and 7 of these regula- tions. 1 T4, SUBDIVISION REGULATIONS * Planning Board of the Town of Ithaca, Tompkins County Section 1. By resolution adopted by the Town Board m the 6 day of Oct., 1955 pursuant to the provisions of Article 16 of the Town Law, the Planning Board of the Town of Ithaca has the power and authority to approve plats for subdivisions within that part of the Town of Ithaca outside the limits of any incorporated city or vil- lage. Section 2. By Resolution adopted by the Town Board on the 3rd day of Nov. 1955) the planning board of the Town of Ithaca be and it hereby is empowered at the time of the approva.1 of a plat either to confirm the zoning regulations of the land so platted as shown on�the official zoning maps of the town or to make any reasonable change therein upon follov;ing the procedure required by Section 281 of the Town Law. Section 3. DEFINITIONS For the purpose of these regulations certain words used herein are defined as follows: Board - -means the Planning Board of the Town of Ithaca Engineer- -means the duly designated engineer of the Town of Ithaca or if there be no such official, the planning consultant or Town Official employed by or assigned to the Town Planning Board. Subdivision- -means 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 for building development in such. a way as to create one or more new streets. Sketch Plan- -means the proposed general plan of streets, lots or other features that may be submitted to the Board by the Subdivider for informal discussion and re- view, on which the Preliminary Layout will be based. Preliminary Layout- -Means the preliminary drawings indicating the proposed lay- out of the subdivision to be submitted to the Planning Board for its consideration. Plat- -means the final map, drawing or chart on which the subdivider's plan of subdivision is presented to the Planning Board for approval, and which, if approved, will be submitted to the county clerk or registrar -for recording. Official Nlap- -means the map established by the Town Board under Section 270 of the Town Law showing streets, highways and other public proposals theretofore laid out, adopted and established by law and any amendments thereto adopted by the Town Board or additions thereto resulting from approval of subdivision plats by the Planning Board and the subsequent filing of such approved plats. Master Plan - -means a comprehensive plan prepared by the Planning Board pursuant to Section 272a of the Town Law which indicates the general locations recommended for the various functional classes of public works, places and structures and for the gen- eral physical..development of the Town of Ithaca and includes any unit or part of such plan separately adopted and any amendment to such plan or parts thereof. Section 4. PROCEDURE. A. Prior to the filing of an application for approval of the Preliminary Lay- out, the Subdivider may submit to the Board a Sketch Plan as specified in Section 6. This does not require formal application. The Board or a committee of the Board shall discuss with the Subdivider or his agent the proposed plan of subdivision and shall indicate to the Subdivider the changes, if any, that will be required and the pro- cedure for submitting and obtaining approval of the Preliminary Layout. B. Whenever any subdivision of land is proposed to be made and before any con- tract for the sale of or any offer to sell such subdivision or any lot or part there- of is made, and before any permit for the erection of a structure shall be granted, the subdivider, or owner thereof, or his agent shall apply in writing-to the board for approval of such s- bdivision. The application of the subdivider, owner, or agent to the board shall conform to the specification in section 4, 6 and 7 of these regula- tions. �s C. The preliminary layout, topographic map, street profiles and formal subdivi- sion plat and all ;procedure relating thereto shall in all respects be in full compli- ance with the provisions of Sections 276 and 277 of the Town Law (See Appendix A) and ® these regulations except where variation therefrom may be specifically authorized by the Board. D. Three copies each of the preliminary layout, as described in section 6 de- signated as such at the scale of not more than 100 feet to the inch, with the topo- graphy (when required by the Board) shown by contour intervals of not more than 5 feet for steeply sloping; land and 2 feet for flat or gently sloping land and proposed street profiles at appropriate scales shall be filed with the Board. The Board shall then study the preliminary layout and proposed street profiles in connection with the topo- graphy of the area;, the existing requirements of the zoning ordinance the Master Plan and the Official Map, if any, and shall take into consideration the general require- ments of the community and the best use of the land to be subdivided. Particular at- tention shall be given to matters enumerated in Section 277 of the Town Law as well as to specific requirements for public improvements, easements and right of ways, the adequacy of street connections and the suitability of the land for development. E. After arriving at tentative conclusions the Board shall discuss the pre- liminary layout with the subdivider or his agents at a regular meeting of the Board. After such discussion the Board shall communicate in writing within 30 days to the developer. (1) the specific changes which it will require in the preliminary layout, (2) the character and extent of the required public improvements and those for which waivers may have been requested and which in its opinion may be waived without jeop- ardy to the public health, safety, morals and general welfare, (3) the amount of con- struction or improvement or the amount of the performance bond 'therefor which it will require as prerequisite to the approval of the formal subdivision plat to be submit- ted subsequently. F. The subdivider, after official notification by the Board with respect to • the preliminary layout and the changes, if any, to be made therein, shall within six months thereafter file with the Board three drawings of the formal subdivision plat and street profiles. Two of these drawings shall be on cloth and one on paper and in sheets 16 x 23 inches or 32 x 46 inches and to a scale of not more than 100 feet to the.inch except when more than one sheet is required, an additional index sheet of the same size shall be filed showing to appropriate scale the entire subdivision on one sheet with lot and block numbers. Before the Board acts on the formal sub- - division plat it shall hold a formal hearing thereon in compliance with Section 276 of the Town Law. The Planning Board shall then,within 45 days from the date of sub- mission of the formal plat,,approve, modify and approve or disapprove such plat. Such approval shall, however, not be deemed final until the subdivider has complied with the provisions of the following paragraDh. G. The developer shall complete in accordance with the Boards decision to the satisfaction of the, engineer and any other official or body authorized by law to act, all the street and sanitary improvements specified in Section 277 of the Town Law and not specifically waived by the Board, or alternatively, shall file with the Board a performance bond complying with such Section 277 of the Town Law satisfactory to the Town Attorney, as to form, sufficiency, manner of execution and surety, for the com- pletion of such improvements as are not constructed and not approved by the engineer and any other official or body authorized to act prior to the approval of the plat. The Board shall require a certificate from the engineer or other designated official as to the satisfactory character of improvements completed and from the Town Attorney as to adequacy of any bond which may be proffered. The subdivider shall tender offers of.cession in a form certified as satisfactory by the Town Attorney of all land in- cluded in streets, :highways or other public improvements, not specifically reserved by him, but approval of the plat by the Board shall not constitute an acceptance by the Town of the dedication of any street, highway, or other public improvements. ,z 1� • 1 H. The developer shall obtain and file with the Board a certificate from the Tompkins County Department of Health indicating satisfactory design compliance with the. realty subdivision provisions of the County Sanitary Code (See Appendix A), I. After the completion of these details and notation to that effect upon the plat, it shall be deemed to have final approval and within 90 days thereafter the developer must file the plat with the county clerk or registrar. Otherwise such ap- proval shall expire as provided in Section 276 of the Town Law, Section 5. GENERAL REQUIREMENTS FOR THE SUBDIVISION OF LAND. The subdivider shall observe the following general requirements and principles of land subdivision: 1. In general,the proposed subdivision shall conform to the Official Map, the Zoning Ordinance and the Master Plan, if such exist. 2. The arrangement of streets in the subdivision shall. provide for the con- tinuation of the principal streets in adjoining subdivisions or for their proper pro- jection when adjoining property is not subdivided, and shall be of a width at least as great as that of such existing connecting streets. 3. In general, main highways and secondary highways shall not be less than the width shown on the Master Plan, if such exists. As a general rule the width of minor streets between property lines shall not be less than 50 feet. 4. Dead -end or cul -de -sac streets shall not in general exceed 500 feet in length, and shall be equipped with a turn - around roadway with a minimum radius of 40 feet for the outside curb at the closed end. 5. Block lengths generally shall not exceed 1500 feet in length. 6. Each normal block shall be planned to provide two rows of lots, but irreg- ularly shaped blocks indented by cul -de -sac streets will be acceptable when properly designed with an adequate turn - around as in item 4, above." 7. Curb radii at intersections shall not be less than 20 feet and property lines shall be adjusted accordingly, 8. Side liners of lots, so far as practicable, shall be at right angles or radial to street lines. 9. Corner lots shall be increased in size whenever necessary so as to provide that.any structure to -be placed thereon shall conform to provisions of the Town Zon- ing Ordinance, 10. Grades of all streets shall conform in general to the terrain and shall be the reasonable minimum but shall not be less than 0.5 percent nor more than 5 percent for main thoroughfares nor more than 10 percent for minor streets. 11. Paved rear service streets of not less than 20 feet in width, or in lieu thereof, adequate off- street loading space, suitably surfaced, shall be provided in connection with all lots designed for commercial use. 12. In front of areas designed and zoned or where a petition for a change in zoning is contemplated for commercial use, to permit such use the street width shall be increased byj such amount on each side as may be deemed necessary by the Board to assure the free flow of through traffic without interference by parked or parking vehicles and to provide adequate and safe parking space for such commercial or busi- ness district. 13. Land subject to flooding and land deemed by the Board to be uninhabitable shall not be platted for residential occupancy, nor for such other uses as may in- crease danger to health, life or property or aggravate the flood hazard, 149 In case it tract is subdivided into larger parcels than ordinary building lots, such parcels shall be arranged so as to allow the opening of future streets and logical further resubdivision. 15. In general, no reserve strips controlling access from adjoining lands to land dedicated to public use shall be permitted.. -3- N • 16. In general, street lines within a block deflecting from each other at any one point more than 10 degrees shall be connected with a curve, the radius of which for the inner street lines shall not be less than 350 feet on main thoroughfares, 250 feet on secondary thoroughfares, and 100 feet on local streets. The outer street ` line in each case shall be parallel to such inner street line. 17. Variations of the general requirements above outlined may be permitted by the Board on application when in their judgment special factors warrant such a varia- tion. Section 6. PRE - APPLICATION PLANS AND DATA The Subdivider may present to the Board a Sketch Plan and supporting data for purposes of informal review and discussion. The following information should be pro- vided: (1) General subdivision information outlining the existing conditions of the site and the proposed development. (2) A location map showing the relationship of the proposed subdivision to existing community facilities. (3) A sketch plan on a'topographic survey showing in simple sketch form the proposed layout of streets, lots and other features of the proposed subdivision. Section 7. THE PRELIMINARY LAYOUT. Subdividers shall present to the Board a preliminary layout. Three paper copies shall be filed at the scale of not more than 100 feet to the inch,.showing or accom- panied by the following information. 1. Proposed subdivision name and identifying title and the name of the:City, Village, Town or Towns and-county in which the subdivision is located. 2, Name and address of record owner, subdivider and designer of preliminary layout. . • .3. Location of property lines, existing easements, buildings, water courses and other essential features. 4. The names of all subdivisions immediately adjacent and the names of owners of record of adjacent acreage. 5. The location of any existing sewers and water mains, culverts and drains on the property to be subdivided. 6. Location, names and present widths of existing and proposed streets, high- ways, easements, building lines, alleys, parks and other public open spaces and sim- ilar facts regarding property adjacent.' 7. Any changes in the use, height, area and density districts or other regu- lations under the zoning ordinance applicable to the area to be subdivided and any boundaries of such districts affecting the tract; all parcels of land proposed to be dedicated to public use and the conditions of such dedications. 8. The width and location of any street or other public ways or places shown upon the Official Map or the Master Plan, if such exists, within the area to be sub- divided, and the width, location, grades and street profiles of all streets or other public ways proposed by the developer. 9. Typical cross sections of the proposed grading and roadways or sidewalks. 10. Date, true north or magnetic north properly designated and the scale 11. Map of survey of tract boundary made and certified by a licensed land surveyor. 12. Connection with existing water supply or alternative means of providing water supply to subdivision as provided in County Sanitary Code. 13. Connections with existing sanitary sewerage system or alternative means of treatment and disposal proposed as provided in the County Sanitary Code, 14. Provisions for collecting and discharging surface drainage, including pub- lic easements. 15. Preliminary designs of any bridges or culverts which may be required. -4- 1 4 16. The proposed lot lines with approximate dimensions, 17. The preliminary layout shall show the proposed location of and type of sidewalks, street lighting standards and species of street trees, the location of curbs, gutters, water mains, sanitary sewers and storm drains and the sizes and types thereof, the character, width and depth of pavement and sub - base, the loea- tion of manholes and basins and underground conduits, where appropriate. 18. Where -the topography is such as to make difficult the inclusion of any such facilities within the public area so laid out, the preliminary layout shall show the. boundaries of proposed permanent easements over or under private property, which permanent easements shall be not less than 10 feet in width and which shall provide satisfactory access to an existing public highway or other public open space shown upon the layout or upon the Official Map, 19v Where the preliminary layout submitted covers only a past of the sub - divider's entire - holding, a sketch of the prospective future street system of the unsubmitted part shall be furnished and the street system of the unsubmitted part will be considered in the night of adjustments and connections with the street system of the part: not submitted. All of the information set forth above is required by the Board for the pur- pose of complying with Sections 276 and 277 of the Town Law and the County Sanitary Code and for the information of the public at the public hearings. Due care in the preparation of this material will expedite the process of passing upon the formal subdivision plat. Section 8. THE SUBDIVISION PLAT. A. The subdivision plat submitted for approval and subsequent recording shall be clearly and legibly drawn or reproduced upon cloth. The size of the sheets shall be 16 x 23 inches or 32 x 46 inches, including a margin of one inch outside ruled border lines on three, sides and two inches border along the left side of the 16 or 32 inch side for binding. • B. The drawing shall be at the scale.of not more than 100 feet to the inch. The subdivision plat shall show: 1. Proposed subdivision name or identifying title and the name of the City, Village, Town or Towns and county in which the subdivision is located, the name and address of record owner and subdivider, name, license number and seal of the licensed professional engineer or land surveyor. 2. Street lines, pedestrian ways, lots, reservations, easements and areas to be dedicated to public use. 3. Sufficient data acceptable to the engineer or other designated town offi- cial to determine.readily the location, beaxing and length of every street line, lot line, boundary line and to reproduce such lines upon the ground. Where prat- ticable, these should be referenced to monuments, and should be tied to recognized reference points. 4. The length of all straight lines, the deflection angles, radii, length of curves and central angles of all curves, tangent distances and tangent bearings shall be given for each street. All dimensions and angles of the lines of each lot shall also be given. All dimensions shall be shown in feet and decimals of a foot. The final plan shall show the boundaries of the property, location, graphic scale and true -or magnetic. north point* 5. The fine0L plan shall also show by proper designation thereon all public open spaces for which deeds of cession are included and those spaces title to which is reserved by the developer. For any of the latter, there shall be submitted with the final subdivision plat copies of agreements or other documents showing the man- ner in which such areas are to be maintained and the provisions made therefor. 6. All offers of cession and covenants governing the maintenance of unceded open space shall bear the certificate of approval of the Town Attorney as to their legal sufficiency. -5- k , 40 • 9 1 ,7; Lots and blocks within a subdivision shall be numbered and lettered in alphabetical order- in accordance with the prevailing Town practice. 8. Permanent reference monuments shall be shown thus "X." They shall be constructed in accordance with specifications of the engineer, or other designated to•,an..official. They shall be placed as required by the engineer and their location noted and referenced upon the plat. '9. All lot corner markers shall be permanently located under specifications satisfactory to the engineer, and shall be clearly marked on the plan. 104 Monuments of a type approved by the engineer shall be set at all corners and angle points of the boundaries of the original tract to be subdivided; and at all street intersections, angle points in street lines, points of curve and such intermediate points as shall be required by the engineer or other designated town o fr cial. APPELMIX A 1. Applicable Sections of the Town Law, State of New York Chap�Of The Consolidated Laws Article 16 Section 2760 Approval of Plats. For the purpose of providing for the future growth and development of the town and affording adequate . facilities for the hous- ing, transportation, distribution, comfort, convenience, safety, health and welfare of its population, such town board may by resolution authorize and empower the plan- ning board to approve plats, showing new streets or highways within that part of the town outside the limits of any incorporated city or village. Before such approval is given, a public-hearing shall be held by the planning board, which hearing shall be advertised in a newspaper of general circulation in such town at least five days before such hearing. The planning board may thereupon approve, modify and approve, or disapprove such plat. The approval required by this section, or the refusal to approve, shall take place within forty -five days from and after the time of sub- mission of the plat: for approval; otherwise such plat shall be deemed to have been approved, and the certificate of the clerk of such town as to.the date of submission of the plat for approval and the failure to take action thereon within such time, shall be issued on demand and shall be sufficient in lieu of the written endorsement or other evidence of approval herein required. The ground of refusal of any plat submitted shall be,stated upon the records of such planning board. The clerk of every town which has authorized its planning board to approve plats showing new streets or highways, as provided in this article, shall immediately file a certificate of that fact with the clerk or register of the county in which such town is located. The approval by the planning board of a plat showing one or more new streets or highways, or the certificate of the town as to the date of the submission of such plat.and the failure of the planning board to take action thereon within forty -five days, shall expire ninety days from the date of such approval or of such certificate, unless within such ninety day period such plat shall have been duly filed or recorded by the owner in the office of the county clerk or.register. Section 277. A proval of Plats; Additional Requisites. Before the appFOVal by the planning board of a plat showing a new street or highway, such plat shall also .show in proper cases and when required by the planning board, a park or parks suit- ably located for playground or other recreational purposes. In approving such plats the planning board shall require that the streets and highways shall be of sufficient width and suitable grade and shall be suitably located to accommodate the prospective traffic, to afford adequate light and air, to facilitate fire protection, and to pro- vide access of fire - •fighting equipment to buildings, and if there be an official map or maser plan, they shall be co- ordinated so as to compose a convenient system con- forming to the official map and properly related to the proposals shown by the plan- ning board on the master plan; that where a zoning ordinance has been adopted by the town the plats shown on said plat shall at least comply with the requirements thereof;, that the land shown on such plats.shall be of such ... (Continued on next page) -6- character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace; that suitable .monuments have been placed at such block corners and other necessary points as may be required by the board and the location thereof is shown on the map of such plat; and -that the parks shall be of reasonable size for neighborhood playgrounds or other recreational uses; that all streets or other public places. shown on such plats shall be suitably graded and paved and that street signs, sidewalks, street lighting standards, curbs, gutters, street trees, water mains, sanitary sewers and storm drains or combined sewers shall be installed all in accordance with standards, specifications and procedure accept- able to the appropriate town departments, or alternatively that a performance bond sufficient to cover the full cost of the same as estimated by the planning board or other appropriate town departments designated by.the planning board shall be fur - J.Jhed to the town by the owner. Such performance bond shall be issued by a bond- ing or surety company approved by the town board or by the owner with security acceptable to the town board, and shall also be approved by such town board as to form, sufficiency and manner of execution. Such performance bond shall run for a term to be fixed by the planning board, but'in no case for a longer term than three years, provided, however, that the term of such performance bond may be extended by the planning board with consent of the parties thereto. If the planning board shall decide at any time during the term of the performance bond that the extent of4 building development that has taken place in the subdivision is not sufficient to warrant all the improvements covered by such performance bond, or that required improvements have been installed as provided in this section and by the planning board in sufficient amount to warrant reduction in the face amount of said bond, the planning board after due notice and public hearing may modify its requirements for any or all such improvements, and the face value of such performance bond shall thereupon be reduced by an appropriate amount so that the new face value will cover the cost in full oil the amended list of improvements.required by the planning board and any security deposited with the bond may be reduced proportionately. In the • event that any required improvements have not been installed as provided in this section within the term of such performance bond the town board may thereupon de- clare the said performance bond to be in default and collect the sum remaining pay- able thereunder and upon the receipt of the proceeds thereof the town shall install such improvements s,s are covered by such performance bond and are commensurate with the extent of building development that has taken place in the subdivision but not exceeding in cost the amount of such proceeds. In making such determination regarding streets,..highways, parks and required improvements, the planning board shall take into consideration the prospective character of the development, whether dense residence; open residence, business or industrial. Notwithstanding the foregoing provisions of this section the planning board may waive, subject to appropriate conditions, the provision of any or all of such improvements and requirements as in its judgment of the special circumstances of a particular'plet or '.plats are not requisite in the interest of the public health, safety and general-welfare, or which in its judgment are inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the sub- division. 2. Tompkins County Sanitary Code Article VIII Water Supply and Sewage Disposal For Realty Sub - Divisions Section 1. Definition: As used in this Article, the word "sub- division" shall Mean any tract of land which is hereafter divided into five or more parcels along an existing or proposed street.,-highway, ew3ement or right of way for sale or rent as building plots, whether or not the lots �or plots to be sold or offered for .sale, or leased for any period of time are described by metes and bounds or by reference to a map or survey of the property or by any other method of description. -7= r -w • L Section 2. Regulations. Any person who shall engage in the development of a "sub- division" which is not provided with a public water supply and a public sanitary sewer system shall first submit to the Commissioner a detailed plan or plot of the "sub- division" to- gether wi;:h such other information relating to the nature of the terrain, adjacent private or public water supplies and any other pertinent information as may be re- quired including a statement regarding the methods proposed for providing water supply and for the disposal of sewage and other wastes. No such sub- division or portion thereof shall be sold, offered for sale, leased or rented by any corporation, company, or person and no use thereof involving water supply and sewage disposal err,l.l be undertaken thereon until a plan or plot of such subdivision shall have leh filed with and approved by'the Commissioner. The plain or plot shall comply t +%:th the aforesaid requirements except that the Commis sioner may, in his discretion, ;cept a less detailed plan or plot but containing such information as he may re- quire. If approved,the installation of such facilities shall be in accordance with the plans as approved or any approved revision or revisions thereof. If in the judgment of the Commissioner, the proposed method of providing water supply or sewage disposal would be or become inadequate or endanger the public health by reason of unfavorable topography, drainage, soil, density of population, or any other sanitary or physical feature, the Commissioner may refuse such approval. The determination of the Commissioner in refusing such approval shall be final. Ex- cept that upon written application of any interested party, the Commissioner shall grant a hearing to review such determination. The findings of the Commissioner after such hearing, shall. be filed with the Department of Health. Nothing herein contained shall be construed to delegate the general powers of the Water Power and Control Commission nor to impair nor to deprive such Commission of its powers and functions as now provided bylaw* Owners of sub- divisions offering lots for sale.in a "sub- division" in which public water supply and a sanitary sewer system is not provided, shall furnish each purchaser at the time of sale a legible reproduction of the plans or plot of the "sub- division" as approved by the Commissioner. Upon completion of the con," struction of each building and its water supply and sewage disposal installation:;, they shall be inspected by the Commissioner and if found to be in compliance with the plans as approved, the Commissioner shall supply the owner with a "Certificate of Occupancy." Adopted by the Planning Board on 24 day of March, 1956. Approved by the Town Board on 24 day of March, 19560 -8- august 4, 1955 Town Board Minutes The following resolution was offered by Councilman Ideman. RESOLVED that pursuant to Section 271 of the Town Law the following citizens qnd resident taxpayers of the Town be and they hereby are appointed a Planning Board with all the powers granted by said Town Law, to hold office f or the term stated, to wit: — Elmer Hurst for a term, of, one year, expiring July 31, 1956: Arthur Whiting for .a term of two years` expiring July 31, 1957: Richard Gram for a term of three years, .expiring--. -,' July 31, 1958: E.B. Watson fpr a.term of five years, expiring July 31,. 1960; Frank Ligouri for a term of four years, expiring July 31, 1959, and be it fiafther resolved That E. B. ~Matson is hereby designated to act as Chairman of said`re. , Planning Board fpr the first year, the matter of the selection of a Chairman thereafter be left for the members of the Board to select. October 6, 1955 The following resolution was offered by Councilman Roe. RESOLVED that the Planning Board shall be and it hereby is authorized and empowered to approve Mats showing new streets, or highways within that portion of the Town outside the limits of the incorporated village of Cayuga Heights, and to exercise all other powers, delegated to it by the provisions of Article 1X of the Zoning, Building and Planning Ordin- nce of the Town of Ithaca enacted October 7, 1954, or which may b� le— �ated to it by resolution of the Town Board, pursuant to the oI :i ns of Article 16 of the Town Law or acts amendatory thereof,�Wfith refe ence to 'Zoning and Planning'; and b:v it further resolved RESOLVED that the Town Cle.i�ik shall file with. the Clerk of the ' unty of Tompkins a certificate in the form herewith attached, certifying hat the Planning Board has been authorized to approve plats shoing new streets or highways in accordance with the provisions of Section 276 of the Town Law. November 3, 1955 The followmn.g res RESOLVED that the the time of the app:ro tions of the land so the Town, or to make the procedure require olution was offered by Planning Board be and val of a plat either t plated as shown on the any reawonable change d by Section 281 of th Justice Hartsock:— it hereby is empowered at o confirm the Zoning regula_ official zoning maps of therein, uponi follwoing e Town Law. nUgUSt 1, 1957 1 The following resolution was As authorized under Seetion n-ESOLVED that tie Planning Board 16mpowered to pass and approve the ,he Office of the County Clerk, i XJ1. undeveloped, offered by 276 of .the T of the Town development f such plats Council McElwee: own Law, amended April, 1956, of Ithaca be authorized and of plats already filed in are entirely or partially TC WN Cr 1TUACA NEW YORK JUmcu hl. M,Mzowq�. RYsiwvAOK T. s MAXFIKLD Mtl1lt V. MAlIMMAW. CL=R* F. R. KARTMOCK M. N'. sAriR. MU/NWAV MUFERINTtNOlNT COUNCIL YIN r J. RU95ELL ROI 0 W. IDKMA04 t •' At a meeting 0f the Town Board of the Town of Ithaca hold at the Court House, Oct. 6, 19659 the following resolution was adeptods loved by Coanollntlu.n Roe the following resolution be adopted: USOLVED, Thwt the Planning Board shall be and it hereby is autherirod and empowerod, to approve plats showing now streets or highways within t1hat portian of the town outside the limits of the inaorporrAtod village of Cayuga Holghts, and to "*role* all other powers, delegated to it by the previsions Of lrtiale 11 of the $ening, Building aad planning Ordinance of the Town of Ithaca onowted October 7, 1954, or wh!ah nV be delegated to it by resolutlea► of the Town Board, pursuant to the previsions of 9oatioa 274 of the Town Law, or whish are described or oontenVlatod nader the provisions of Artiole 16 of the Town Law or acts amendatory thereof, with reference ts'Zoning and planning's and be it further MMOLM, That the Town Clerk shall file with the Clerk of the (county of TosQkIns a 6ortifioate in the form herewith attached, c ort i f y ing that the Ola nnirag Board has been suthorl ,e: to ;reprove plots shaising aow streets or highwkys Ta so4ardaftM.wlth too prevision of 5eation 276 of the Town Law. S000nded by Justice Urtseek and anroved. state of Now Torek ) Coanty of Tomkins)55 Tvwn of 1*haoa 1, Raohol T. Hansbaw, Clerk of the Town of Ithaca DO HMBT CWTIFY that the foregoing resolution was adopted at a mostinj of the Town Board of the Town of Ithaca, Ootober 6, 1956. Deted Oct . 6, 1966. C21r 4n4/I Clerk - Tcwn of lthaca Original Letter filed in Office of Tompkins County Ilerk Oct. 19, 1955 at 2: 05 P.M. Deputy Clerkjomp ns Co . , N.Y.