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HomeMy WebLinkAboutPB Minutes 1990-03-06/ 5
/y
•
The
Tuesday;,
New York,
Town of
March 6,
at 7:30
TOWN OF ITHACA PLANNING BOARD
Ithaca
1990, in
p.m.
MARCH 6, 1990
Planning
Board
met
in regular session on
Town
Hall,
126
East
Seneca Street, Ithaca,
PRESENT: Chairperson Carolyn Grigorov, Robert Kenerson, Virginia
Langhans, William Lesser, Robert Miller, Stephen Smith,
Susan Beeners" (Town Planner) , Erik Whitney (Acting Town
Engineer), George R. Frantz (Assistant Town Planner), John
C. Barney (Town Attorney).
ALSO PRESENT: Eva Hoffmann.
Chairperson Grigorov declared the meeting duly opened at 7:30
p.m.
AGENDA ITEM: REVIEW OF PROPOSED ORDINANCE AMENDING THE ZONING
ORDINANCE AND SETTING FORTH CERTAIN FEES RELATING TO THE ZONING
ORDINANCE OF THE TOWN OF ITHACA,
Chairperson Grigorov opened the discussion on the above -noted
matter at 7 :45 p.m.'and` read aloud from the Agenda as noted above.
The Board, along with the planning staff, discussed the
above -noted item. [See attached Exhibit #1.]
At this point, Eva Hoffmann reported on what she had learned in
regard to fees, at the Association of Towns Meeting in New York, Feb.
18 -21.
Ms. Hoffmann stated that the Zoning Administrator for the Town of
Wappingers Falls, Herbert Levenson, was the moderator for the SEQR
Review Seminar. Ms. Hoffmann remarked that the Town of Wappingers
Falls uses fees for reviewing developers' plans, they simply will not
consider looking at a developer's plans until the developer has
deposited a sum of money in an escrow account, then the money is used
to pay for the cost of the review, staff salaries for the time they
use, copying, mailing, and phone calls, etc. Ms. Hoffmann offered
that the Town of Wappingers Falls uses the telephone a lot. Ms.
Hoffmann commented that the account is interest bearing, and, when the
review is complete, if ,there is any money left over, the Town repays
it, with interest, to the developer.
Ms. Hoffmann stated that Attorney Ron Blass, of the Town of
Lagrangeville, NY, said that an escrow account should be set up with
the developer, before starting the review.
There appearing to be no further discussion, Chairperson Grigorov
asked if anyone were prepared to make a motion.
MOTION by Mr. William Lesser, seconded by Mrs. Virginia Langhans:
L%
Planning Board
-2-
RESOLVED, that the Town of Ithaca Planning Board
hereby does endorse the proposed plan for the recovering
and related costs associated with the processing,
inspection of development projects, and
March 6, 1990
endorse and
of some staff
review, and
FURTHER RESOLVED, that the Planning Board recommend and hereby
does recommend to the Town Board the adoption of the proposed
Ordinance Amending the Zoning Ordinance and Setting Forth Certain Fees
Relating to the Zoning Ordinance of the Town of Ithaca, at the
appropriate time.
There being no further discussion, the Chair called for a vote.
Aye - Grigorov, Kenerson, Langhans, Lesser, Miller, Smith.
Nay - None.
The MOTION was declared to be carried unanimously.
Chairperson Grigorov declared the review of the proposed
Ordinance Amending the Zoning Ordinance and Setting Forth Certain Fees
Relating to the Zoning Ordinance duly closed at 8:25 p.m.
AGENDA ITEMS:
1. STATUS REPORT -- COMPREHENSIVE PLANNING IMPROVEMENT PROGRAM.
• 29 CONSIDER RECOMMENDATION FROM COMPREHENSIVE PLANNING COMMITTEE TO
TOWN BOARD WITH RESPECT TO PROPOSED CONSULTANT SCOPE OF WORK AND
PROPOSED CONTRACT,
Chairperson Grigorov opened the discussion on the above -noted
matters at 8:26 p.m. and read aloud from the Agenda as noted above.
Board member Stephen Smith, referring to Item No. 1 above,
wondered when it became'a Comprehensive Planning Improvement Program,
Town Planner Susan Beeners responded that the Comprehensive Planning
Improvement Program is intended to be somewhat of an all - encompassing
term for the concurrent work on both a Comprehensive Master Plan and
on improvement of regulations. Ms. Beeners said that that is what the
improvement program is, versus the Comprehensive Master Plan Project.
Ms. Beeners reported that there have been initial meetings by
three committees, along with subcommittees, which have been formed in
the Town, commenting that the committees are: Comprehensive Planning
Committee, Conservation Advisory Council and its three subcommittees,
and the Codes and Ordinances Committee. [Comprehensive Planning
Committee Adopted Resolution attached hereto as Exhibit #21.
At this point, Ms. Beeners referred to Item No. 2. The Board,
along with Ms. Beeners, discussed the proposed Contract Agreement.
[Agreement attached hereto as Exhibit #31.
C %.
•
Planning Board -3- March 6, 1990
Ms. Beeners, along with the Board, also discussed the proposed
Consultant Scope of Work. [Exhibit A Scope of Work attached hereto as
Exhibit #4].
Upon completion of the above -noted discussions, Chairperson
Grigorov asked if anyone were prepared to make a motion.
MOTION by Mr. Stephen Smith, seconded by Mrs. Virginia Langhans:
WHEREAS, the Comprehensive Planning Committee, on March 2, 1990,
has recommended to the Planning Board and the Town Board that the
proposed Agreement and Scope of Services with Stuart I. Brown
Associates be approved;
THEREFORE, IT IS RESOLVED,
hereby does recomend to the Town
Scope of Services with Stuart I.
to final approval by the Town
Attorney,
that the Planning Board recommend and
Board that the proposed Agreement and
Brown Associates be approved, subject
Supervisor, Town Planner, and Town
There being no further discussion, the Chair called for a vote.
Aye - Grigorov, Kenerson, Langhans, Lesser, Miller, Smith.
Nay - None.
The MOTION was declared to be carried unanimously.
Chairperson Grigorov declared the matter of the Status Report --
Comprehensive Planning Improvement Program, and the proposed
Consultant Scope of Work and proposed contract duly closed at 9:20
p.m.
AGENDA ITEM:
OTHER BUSINESS
1. At this time, Eva Hoffmann reported on the Association of Towns
Conference held in New York Feb. 18 -21, 1990. [Ms. Hoffmann's letter
addressed to Planning Board Chairperson Carolyn Grigorov, dated March
61 1990, attached hereto as Exhibit #51.
2. Town Planner Susan Beeners reported that the Planning Department
had received an alternative plan of the Cayuga Lake Estates
Development on Friday, March 2, 1990. Ms. Beeners said that the plan
was immediately mailed to the Planning Board Members for the March 6,
1990 meeting. Ms. Beeners, referring to a letter addressed to her
attention, from Steven R. Blust, dated February 27, 1990, stated that
Clark Engineers (Engineers for Cayuga Lake Estates) felt that they
have to have an opinion from staff, and comments from the Board, by
March 15, 1990. Ms. Beeners stated that Cayuga Lake Estates does not
comply with the terms of the Planning Board Resolution of January 23,
19900 [Resolution attached hereto as Exhibit #6].
• Assistant Town Planner George Frantz
the Cayuga Lake Estates development that
hereto as Exhibit #7. The Board seemed to
showed the Board
he had
like Mr.
prepared,
Frantz's
a map of
attached
version,
I \
Planning Board -4- March 6, 1990
and felt it would be a good idea to send a scaled -down copy to the
. developer.
ADJOURNMENT
Upon Motion, Chairperson Grigorov declared the March 6, 1990,
meeting of the Town of Ithaca Planning Board duly adjourned at lb:16
p.m.
Respectfully submitted,
Mary Bryant, Recording Secretary,
Nancy M. Fuller, Secretary,
Town of Ithaca Planning Board.
E
MEMORANDUM
T0: ..Planning Board---
FROM Susan C. Beeners Pi
John Czamanske
RE: Proposed, Development Review Fees
- Ordinance and Schedule
DATE: February 23, 1990
Enclosed for your review, prior to Planning Board
discussion on March 6th, is the "Proposed Ordinance Amending the
Zoning Ordinance and Setting Forth Certain Fees Relating to the
Zoning Ordinance of the Town of Ithaca ", together with the
related proposed "Town of Ithaca- Schedule of Application and
Review Fees ".
There will be a Public Hearing on the draft, at 7:30
p.m., at the Town Board meeting of March 12, 19900
SCB /nf --
enclosures
s
EXHIBIT #1
ry
PROPOSED ORDINANCE AMENDING THE ZONING' ORDINANCE
AND SETTING FORTH CERTAIN FEES
- - ---- - - - - -- RELATING -TO
T- HE— ZONING- ©RDTNANC:E —_� - -- ------ - - - - --
OF THE TOW14 OF ITHACA
Pursuant to Section 130-of the Town Law of the State of New York
and Section 268 of the Town Law of the State of New York, the
Town Board of the Town of Ithaca does ordain and enact as
follows: - - - -- _ - - -.
Section 1. Territor covered bv Ordinance. This ordinance shall
be applicable to alli territory within the Town of Ithaca outside
-- - - - the incorporated-- Village of- Cayuga - heights: -- -_ --
Section 2. Amending of Prior Ordinance This ordinance amends
the Town of Ithaca Zoning Ordinance as re- adopted, amended and
revised effective February 26, 1968 and as subsequently amended
as follows:
(a) Said Zoning Ordinance is amended by deleting the
current Section 84, and inserting a new Section 84, entitled
"Fees" reading as follows:
Section 84. Fees,
1. Miscellaneous provisions
(a) The Town Board,. Planning ,:Board, or.. Zoning Board of
Appeals, as applicable, shall hold no public hearing nor
take any action to endorse or approve any application until
all applicable fees and reimbursable costs have been paid to
the Town with ,receipt therefor provided to the respective
Board except if costs are deposited in escrow as hereinafter
set forth, action may commence unless the amount in escrow
is— found - to —be inadequate— and —the- - applicant - -has not
replenished the escrow account. .In that event further action
by any board shall be suspended until the applicant has
deposited the a_pp-r-Qp_rtate amount hack in the _escrow account.
=Fees- sha=t -l- be= c-a- cu ated = -by -the- Building
Inspector, Town Planner, Town Clerk, or by the Deputy Town
Clerk associated with the Engineering, Planning, and
Building /Zoning Department. When an escrow deposit is
required, if there exists any question as to the required
amount of- escrow,- the officer collecting the fees shall
consult -with the Town Engineer, whose calculation of same -
shall be final,. Such fees shall be collected by the Town
Clerk or the Town Clerk's designee who shall issue a receipt
stating the purpose of the payment. This receipt must be
filed with the application as-- ev- idence- of- payment.
(c). All Application Fees paid to the Town in
accordance with the fee schedule shall be non - refundable
unless miscalculated. Except.-for unexpended escrow amounts
EXHIBIT #1
•
•
o
r- mlzcalcu-lated
the Town for rev
applicant should
reduced in scale
wholly abandoned.
- fees, -- no-- funds--- pa-i-d- =-to° or- deposited- with -6 -L
iew or inspection shall be returned to the
an application be- disapproved by the Town,
by the applicant, or otherwise partially or
(d) For purposes of- calculating fees, if the proposal
involves a dormitory, two bedrooms shall constitute one
dwelling unit.
29 Buildincr
(a) The fees for a building. permit shall be as set
forth in Section 75 of this Ordinance,
3.
(a) A nonrefundable fee shall be paid along with each
application as set forth in the Schedule of Application and
Review Fees set forth below (the "Fee Schedule ") to cover
expenses related to the administration and processing of
applications, including agenda or public hearing notice,
clerical processing, and preliminary processing of the
application by planning and /or engineering personnel.
(b)• Whenever'an application 'or appeal is, filed with
the Town for which a public- hearing is required, there
shall be paid simultaneously a fee of $50900'to defer the
costs of publishing and .mailing the notice and application
to appropriate'' parties, and the ,cost of transcribing the
proceedings relating to the application or appeal. Such
$5 art fee
the included in the Fee Schedule set forth below
50.00 fee 1.s
P initial application - fee- (- e- -g-- -. an application
fee of $100000 includes the Public Hearing Fee of $50.00).
- (c) - -- If -- the ---- hear3- ng-- co-ntt re- trdn- one--xee�trng-
necessitating re- publication and /or re- noticing, an
additional- Publ- c- Hearing , ee shall =be pai3d prior to each
continued hearing. If the matter- continues for more than
one meeting but the subsequent meetings do not require a
public hearing, an Agenda Processing Fee shall be paid prior
to each additional--meeting--at which-the matter is continued
without a public hearing. In the discretion of the Town
Board, Planning Board, or Zoning Board of Appeals, as the
case may be, or the person designated to collect application
fees, additional Public Hearing. Fees or additional Agenda
Processing Fees may be waived with respect to any subsequent
meetings, particularly--if - the - continuation was necessitated
by actions of the Town officials and not by the applicant.
EXHIBIT #1
ft
� r ..,..,. u • n � 1 , L �.-- , r' � .r r, I v i l • -t V Ci N1
•
.or may be modified by the Town Supervisor, the Town Planner,
or the Town Engineer for - -good cause shown.
(e) In the case of Subdivision or Site Plan
applications _- _the_ _Planning -- Board, -in _ _its- discretion, - may
waive the fee for a final. plat in those circumstances where
Final Plat or Plan Approval is given simultaneously with
Preliminary Plat or Plan Approval,
40 Review Fees.
(a) A Review fee shall be paid as set forth in the Fee
Schedule set forth below. Such Fee is intended to cover part
of the cost of professional services, including, but not
limited to, engineering, planning, legal, and other expenses
incurred by the Town in its review of the submitted
application materials for Preliminary and /or Final
Subdivision or Site Plan Approval.
(b) When the Review Fee set forth in the Fee Schedule
is calculated on a per lot.or per unit basis the Review Fee
is non - refundable unless denominated as an amount to be
placed in escrow.
... (c') When- the-,"Review) "Fee: � is :1"stated1 ':i'n ,the -Fee Schedule
to be the Actual Cost of Review, thelReview Fee shall be
such actual cost of conducting the.review as determined and
billed by the Town. The basis for, calculating such cost
shall be the actual costs to the- Town for independent
consultant services, legal.. services, services,
planning services and /or any other services or expenses of
outside consultants plus an_.amount_._intended to reimburse the
Town for the time of Town staff (Engineering, Planning,
Legal, Highway Superintendent, and others) devoted to
reviewing the - proposal -s :--- he- amount-ch-a -rged --for- Town -sta f f
shall be determined by multiplying. the number of hours
-- devoted -to-- the-- proposal times hourly rates as determined
from time to time by the Town Board for various staff
positions.
e
(d) An escrow - agreement .providing for the deposit of
the amounts set forth in the Fee Schedule in the form
directed by the Town shall be executed by the applicant and
the deposit made in the amount.' set forth in the Fee
Schedule. Sums so deposited and not utilized in the review
.process shall be returned to the applicant within a
reasonable period of time -after the adoption of the last
resolution finally disposing of the application (whether by
granting or denial of the application). At the time of such
3
EXHIBIT #1
Fees.WP1, Ith,
2/15/90 11:48am
return, and if no funds are due, at the time of final
disposition of the application the- Town will provide an
accounting of the expenses charged to -the escrow account.-
(e) If_ the _ _ review_- costs - are - ._estimated_ -to— exceed_.- the =
amount so deposited and additional fees are deemed
necessary, the applicant shall be notified of the required
additional amount by the Town .Engineer and shall add such
sum to the escrow account. - - -- - -- -
(f)__If, in the judgement of the Town Engineer, the
- deposit provided for herein exceeds the anticipated
reasonable review costs, the Town Engineer may adjust the
deposit to reflect the anticipated review cost.
(g) Unexpended escrow funds deposited as part of the
Review Fee may be credited against deposits due for the
Inspection Fee, where such is required, upon the filing of
an application for site development or the construction of
.._improvements.
(h) For purposes of determining the amount of escrow
the following shall apply:
(i) As part of the application for, Preliminary
Subdivision or Preliminary Site Plan Approval, a
preliminary estimate of the cost of improvements shall
be provided by the applicant's-- Licensed Professional
Engineer along with the ..other items required for a
Preliminary Subdivision or. Preliminary Site Plan
Application as set forth in the Town of Ithaca
Subdivision Regulations and-- the Town of Ithaca -- Zoning
Ordinance.
As part of". -- the — appl cation— for —Final
Subdivision or Final Site Plan Approval, a revised
-- estimate, of -the-- cost -of -- improvements -shall be provided - -- - -
by the applicant's Licensed Professional - Engineer along
with the other items required for final subdivision
application as outlined in the Town of Ithaca
Subdivision Regulations and. the Town of Ithaca Zoning
Ordinance.
(iii} In the case of subdivision applications,
the terms "cost of..improvements ", "improvement cost" or
"Project cost" shall mean the costs of construction of
all general site improvements- (whether on or off the
specific site involved) to be constructed by applicant
such as grading, roads,. drainage improvements, sewers,
water lines, and other similar items but excluding the
• 4
EXHIBIT #1
• r ees . wl�l, Ith, 2/15/90 11: 48am
-._• —.
•
r1
cost of dwelling units to b
subdivided''lots. In the case of
such terms • shall mean the costs
e constructed on the
site plan applications
of construction of all
site improvements (whether on or off the specific site
involved) including grading, roads., drainage
improvements -; -- sewers, water lines,— buildings - -- and - -any - - -
.other improvement of any nature whatsoever to be
constructed by applicant. In both cases such terms
exclude land acquisition costs, architects fees,
engineering fees and —other-- similar non- construction
costs.
(iv) The estimates provided with the preliminary
or final application shall be considered, along with
the other items of application and anticipated review
costs, in determining the amount of review fee escrow.
(v) An estimate of the cost of improvements
provided by the applicant and not by a Licensed
Professional Engineer may be accepted when in the
judgement of the Town .Engineer, such estimate is
reasonably accurate.. The Town Engineer may adjust such
estimate and the estimate as so revised by the Town
Engineer shall be the basis of the escrow deposit
calculation.
(vi) In no event shall an escrow account be
established with less than a $200 deposit, which
amount shall be a minimum regardless of the amounts
calculated pursuant to the Fee Schedule.
(i) In th,e case of clustered subdivision applications,
the fees set forth for subdivisions shall apply.
(j) In the case of _applications for rezoning, a basic
fee as set-forth--in - the - -Fee Schedule for initial review of
the general plan by. staff--and--the Town Board shall be
submitted with the initial application. When the rezoning
is referred to the Planning Board for recommendation, the
fee for Site Plan Review - Preliminary Plan shall be paid
prior to any further review, of the general plan by the
Planning Board and prior to any recommendation by the
Planning Board to the Town Board. If the Town Board
approves an application for rezoning upon recommendation by
the Planning Board, and when specific development is
proposed, the fee for Site Plan Review - Final Plan shall be
paid to cover the costs of further review by staff and the
Planning Board. -
(k) In the case of applications for Special Approval,
6y
EXHIBIT #1
• rte�.►v1-4 11 1 t n 1 2/15/9U 11:i18am
U
•
a basic fee as set forth*�in the Fee Schedule for initial
review of the general plan by staff and the Zoning Board of
Appeals shall be submitted with the initial application. If
the application is referred 'to the Planning Board for
recommendation, the fee required for Site Plan Review-
Preliminary Plan shall be paid prior --to- any - further- review _-__
of the general plan by the Planning Board and prior to any
recommendation by the Planning Board to the Zoning Board of
Appeals: If the Zoning Board of Appeals approves an
— application for Special Approval- upon recommendation by the
Planning Board', and when specific development is proposed
requiring further- review, the fee for Site Plan Review-
Final Plan shall be paid to cover the costs of further
review by staff and the Planning Board. If the application
is not referred to the Planning Board, the basic fee shall
be paid without any further fees for site plan review.
5. SEAR- Related Fees
(a) In addition to the fees required as stated in the
Fee Schedule, the fees for review or preparation of an
Environmental Impact Statement involving an application for
approval or funding of an action requiring preparation or
filing of a draft environmental impact statement shall be
determined by the lead 'agency for each such application.
The fees shall be based on the actual cost to the Town for
reviewing or preparing the draft and final environmental
impact statement, including the cost of hiring consultants,
the salary time of Town employees and actual disbursements
incurred as a result of the review or preparation of such
impact statement, but in no event shall the fees be greater
than that established in 6 NYCRR 617.17. The Town
Supervisor, Building Inspector, Planner, or Engineer may
require, prior to the commencement of the review or
preparation_ of an environmental impact statement, a deposit
to be made with-the-Town in-an ... amount_.r-easonably- estimated
to cover the fees set forth .in this section.
6. Inspection Fees
(a) In addition to the fees provided for herein, where
the inspection of on- or off -site improvements or
development is required, .the applicant shall reimburse the
Town for the actual cost to the Town of all engineering,
planning, highway inspection, legal, consulting, clerical
and other expenses incurred by the Town during the process
of inspection and.. review of the completion of site
improvements and the fulfillment of any requirements of any
regulation or resolution pertaining to development projects
which have been granted Final Subdivision or site Plan
No
EXHIBIT #1
Approval. The costs so incurred shall be determined by the
Town and billed to the applicant. The basis for calculating
such costs shall be the same as set forth above with
reference to Review Fees.
(b) An escrow- agreement -provd-ing— for - -the -- deposit - -of-
the amounts set forth in the Fee Schedule in the form
directed by the Town shall be executed by the applicant and
the deposit made in the amount set forth in the.Fee Schedule
to cover the cost of inspections and compliance review
incurred
(1) after final approvals have been given,
in the course of building permit issuance,
during the course of construction of any
improvements including buildings, roads, and other
improvements, and
(iv) during the course - of issuing any
certificates of compliance.or occupancy.
(c) Along with any - application for final approval of
site improvement and development. construction plans where
C such final approval of such plans is required, an estimate
of the cost of improvements shall be provided by the
applicant's Licensed Professional Engineer in similar manner
as, the. estimate is provided for the escrow for the review
fees. This estimate shall -be used along with the other
items included in the application and in the prior review
process in determining the amount of inspection escrow. The
developer shall' make the. `required inspection escrow deposit
prior to any final approval of said site improvement and
development construction plans and prior to the commencement
of construction of any of such improvements.
(d) All of the provisions regarding escrow accounts
for Review Fees shall be applicable to the escrow accounts
for Inspection Fees including authority to the Town Engineer
to waive the requirement that the cost of improvements be
prepared by a Licensed Engineer, and to increase or decrease
the required escrow amount, `. the definitions of costs of
improvements, and the $200 minimum deposit.
$1006 (e) The inspection fee shall in no case be less than
(f) The inspection fee may be included as a portion of
a letter of credit or performance guarantee, where
r� 7
EXHIBIT #1
EXHIBIT #1
3
Fees-WPI, Ith, 2/15/90 11: 48am
applicable.
(g) Where applicable or where required, no final
acceptance of proposed public improvements, and no final
approval of site construction or site improvements shall be
made and no Certificates or Occupancy shall be issued until
all inspection Fees have been paid or fully escrowed.
(h) The Town shall return any balance of the deposit
to the applicant upon final acceptance of proposed public
improvements and/or final acceptance of subject site
improvements together with an account of all expenses
charged to the escrow fund.
Section 3 . Partial Invalidity. In the event any portion of this
Ordinance is declared invalid by a court of competent
jurisdiction, the validity of the remaining portions shall not be
affected by such declaration of invalidity.
Section 4. Effect on Pendincr Projects, Notwithstanding the
provisions relating to effective date set forth below, the fees
set forth in this amending ordinance shall not apply for a period
of six months to any project in the Town of Ithaca that has
received Preliminary Subdivision Approval or Preliminary Site
Plan Approval prior to the effective date of this amendment. if
only a portion of the project has received preliminary approval,
the deferral of fees pursuant to this section shall apply only to
the portion that has such approval. As to those projects to
which this section applies, the fees shall be payable in
accordance with the provisions of the Zoning Ordinance and other
regulations in effect immediately prior to the effective date of
this amendment. Commencing six months from the effective date
set forth below, the fees set forth herein shall be applicable to
all of the projects to which this section applies. All other
projects shall be subject to the fees set forth herein commencing
on the effective date of this amendment.
Section 5. Superseding Effect. To the extent permitted by law,
the fees set forth in this amendment shall supersede fees for
similar matters set forth in any other law, regulation or
resolution of the Town, including, without limitation, the fees 1
set forth in the Town's Subdivision Regulations. Wherever there
is a conflict between a fee stated elsewhere in any law,
regulation, or resolution adopted prior to the effective date of
this amendment, the provisions of this amendment shall control.
Section 6. Effective Date. This Ordinance amending the Zoning
Ordinance shall take effect ten days after publication and
posting in accordance with Section 133 of the Town Law.
8
EXHIBIT #1
EXHIBIT #1
Town of Ithaca
i
Schedule of
Application
and
Review Fees
2/14/90 11:39
Review
Review
Inspection
Subdivision Review:
_
I Initial Application Fee:
- - - - -- -- -- - - -. -
--
_ - _ - --
- - - -- -
i 1 to 4 New• Lots /Units
$50
5 to 10 Neer Lo *,s /Units
$75
More thee. 10 Nev Lots /Units
$100 Plus,
j
Preliminary Plat:
1 to 10 Nov Lots: Units
$50 Plus, - — -
Mi ti" ou+t ^ o?d or Public Utilities)
$10 Per Lot /Unit
-
1
All Others
$100 Pits Actual
I
0.5°4
of estimated
f
Cost cf R eviev
imprv. cost
i Final Plat:
I
f
i to ? ? N = ,, Lota /Units
M Plus,
7ithoir. pcadz or Public Utilities)
$11.0 Per Lot /Unit
}
all ? It j?i
$100 Plus Actual
0.51170
of estimated
I
f
Cost of Re••riew
imprv. cost
r
I
�
A.,tu:31 Lost of In„ p.
1
F'
0.5% of estimated
imprv. cost
j
Pj ats /'Replats whose sole
i
purpose is to dedicate
land for public use:
No Charge
No
Charge
T � �'to !.hzz °_a
Plat Reaffirmations:
$50 P1us,
t
$5 Per Lot /Unit
;Site Plan Review:
- - --
' - --
-
Initial Application Fee:
$70
Preliminary Plan:
I
$103 Plus Actual
.0.1 179
of estimated W%•roj ect
!
!
Cost of R.eviev
1
cost. excl- king land
I
Residential
�
$100 Pits Actual
$25
Per Duelling Unit
Cost of Reviev
Find Plan:
�
1
Non - Residential
$50 Plus Actual
0.1 o
of estimated project
Cost of Reviev
cost, ex lu4ing, land -�—
�
Residential
$50 PlIx'Actual
$25
j
Per. D- yelling Unit
Cost of Resrie ;v
Inspection:
Non-Residential
Actual Cost of Insp.
I O.C1, o of estimated
project cost,
I
I
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EXHIBIT #1
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c/ 14/ 9.0 1 1:39
' Application Escrow For:
Review Review Inspection
+
Re-zoning: $170 Plus Pertinent Site Plan Review Fees
Special Approvals : $100 Pius Pertinent Site Plan Review Fees
-- - Zoning Appeals: - -- - - -- - _ . -- - --
Area & Use variances- $80 -- !
Additional Meeting Fee:
k-in the e-; em off* more than 1 meeting
_Fr pu�li;; hea_ i:i� per appli�ati^ n;
Agenda Procersing:
Public Hearing Processing:
•
$30
$5G
EXHIBIT ! .
EXHIBIT #1
Town of Ithaca
Existing Development Review Fee Schedule
— - Ap-plication -!_— _- -- _ _ Escr -ow'�� .
Review Review in
Subdivision
Sketch Plan:
1 new lot
2 or store new lots
! Preliminary Plat: __ --
I 1- new lot
2 or more rem• lots
Final Plat:
s
` a i e. T -v I o T
1 Oro SrF
:. n.�.r., 22e % lot
!
f
Site Plans, Rezoning,
Variances, &
ecial Approvals :
•
$40 Public Hearing /Processing Zee Only
EXHIBIT #1
i
$10
$50
0
0
$25
0
0
$20 Plus,
0 -
0
$5 Per Lot
$lv
0
0
$10 Plus
0
0
$1 Fe: Lot
i i
$40 Public Hearing /Processing Zee Only
EXHIBIT #1
i
Impact Analysis
ProMed-DeveloRment Review Fee Sc edul
The following tables - 1 using EXCEL spreadsheet 1 on the Town's
Macintosh- computer, the 11 The tables provide simple tools foi.
examining 1 11 1 1 1 t 1 1/ - I 1. 1 1 1 1• I I 1 subdivisions I I
I• t 1 _ •. complexity. ,.
e_' s am :,
_! !1_ 1 l3_ ":�_ _I 1 1 L _ 1 is ��. :.1 i r in ,ir. 1 ' r ._� _i.
1 tables broken 1 1 three The to• section filled • by 1 computer
• middle section 1 estimated 1 given I/ 1
fee schedule, and estimated costs. • - bottom section breaks t • `
• • = 11 I
fees for • I reviewing these ta• please note 1 following:
1) Agenda and public hearing fees are tallied by adding the costs of those items,
which are embedded in °the flat fees at each stage ($130; equal to $30 for planning
board processing at the' initial stage, plus $50 for one public hearing at each
successive stage), with any costs incurred from additional meetings or hearings.
(No additional meetings were assumed so as to make the analysis simpler.)
2) Review fees are calculated simply by subtracting agenda and public hearing
costs from total estimated fees.
3) Review costs are calculated by again tallying the estimated amount and cost of
Town professional review ger lot /unit at each stage.
4) The review fee /review cost ratio is a simple indicator of whether the Town
recoups its estimated review costs. In those instances where fees are based
_ predominantly on actual cost, the ratio approaches 1.0. (In those cases, the
difference from 1.0 can be attributed to the effects of flat review fee items,
primarily at the initial, application stage; but also the small amounts at other
_stages.) Where the review fee is based on a per lot charge, the ratio may exhibit a
greater variation from 1.0.
3) The escrow /review fee ratio is an indicator of whether the Town is requiring
enough escrow to cover the estimated costs for review.
•
b) The last items in each table simply show what the Town would be charging in
fees for initial application review versus the estimated cost of review at that stage.
No table has been included for non- residential site plan review because of the extreme
variation between such projects and, therefore, the difficulty in arriving at some
standard for estimating the amount of professional review required. For example, the
large project cost and square footage of awarehouse may require..much less actual
review than, say, a convenience store of less cost and size. Town Planning staff are
_ surveying the review fee structures of other municipalities and professional literature
to more accurately estimate such review costs.
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Comprehensive Planning C_ommittee__
Adopted Resolution
March 2, 1990
-1 --
ADOPTED "RESOLUTIONc Comprehensive Planning Committee— -
March 2, -1990" - - - -
------MOTION '-by-Mrs - Carolyn- G - i-gorov,— seconded- -by -Mr —. - Karl - Niklas : - - - -- -- --
•
WHEREAS, the Town Board of the Town -of Ithaca_ has, on December
11,1989, accepted the Report •'of Stuart I. Brown Associates-; Town-of
Ithaca Comprehensive Planning Program Analysis and Recommendations
--- Report, and I
-
WHEREAS, the Town Board has considered the recommendations
included in that Report, the public comment at public hearings
concerning the Report and Report- related correspondence from residents
of the Town of Ithaca, and
WHEREAS, the Comprehensive Planning Subcommittee, the Planning.
Board of the Town of Ithaca, the Planning .staff of the Town of Ithaca
and the ad hoc Comprehensive. Planning Steering Committee have
transmitted to the Town Board recommendations for the implementation
of the Report's recommendations•, and
WHEREAS,. the., Town,-Board, of , ,..the... Town •. of:, •Ithaca, , : on February 12,
1990, in order to provide for the. implementation of such
recommendations, established a- Comprehensive Planning Committee as the
principal functioning body in the preparation of a draft Comprehensive
Master Plan, and that said: Committee• shall report to and make
recommendations to the Planning Board for the Planning Board's review
and'transmittal to the Town Board..for action, as appropriate, and
WHEREAS, specific responsibiliti
are not limited to: es of the Committee include, but
1) the preparation, distribution, and analysis of a survey, or-
surveys, to further define issues and goals;
2) the preparation of -a statement of goals and of policy statements;
3) the refinement of a Comprehensive Master Plan work plan and the
implementation.of that work plan;
4) the identification of required studies and necessary data
collection;
5) the design of a scope of .work for the consultant and the
monitoring of that effort,
6) public participation strategies;
.7). maintenance of ongoing environmental review of the Master Plan
components;
8) Comprehensive Master Plan recommendation to the Town Planning
Board, and -
9) when requested by the Town Planner, provision of assistance in
other planning improvement tasks,
EXHIBIT #2
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Comprehensive Planning Committee
Adopted Resolution
March 2, 1990
• --
NOWl THEREFORE, T —� -_—
IT IS RESOLVED:
1. that the Comprehensive Planning Committee- (CPC) accepts the
charge of the Town Board as outlined above, and accepts
responsibility for overseeing the preparation of a- -Comprehensive
Master Plan, in coordination,-- wi -th— other - - official bodies of the
Town of Ithaca as may be deemed necessary, for presentation to
the Planning Board for adoption by July 1, 1991, and -
20
that the Comprehensive Planning Committee recommends that the
-- Town —of Ithaca- -enter into - the attached agreement with Stuart I*
Brown Associates to provide Consultant assistance, on a per -hour
basis, to the CPC to the extent and duration said CPC deems
necessary and the Town Board authorizes within Town budget
constraints.
Aye - Klein, Niklas, Grigorov, Smith, Austen, Whitcomb, Ball,
B rittain, Gergely, Harrison, Schafrik, Simpson.
Nay - None.
CARRIED UNANIMOUSLY.
GRF /nf
3/5/90
EXHIBIT #2
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WHEREAS, the Town Board of the Town of Ithaca has, on December 11,
1989, accepted the Report of Stuart I. Brown Associates; Town of
Ithaca Comprehensive Planning Program Analysis and Recom�nda ons
WHEREAS, the Town Board has considered the recommendations included
in that Report, the public comment. at public hearings concerning
the Report and Report - related correspondence from residents'of the
Town of Ithaca, and ;
WHEREAS, the Comprehensive Planning Subcommittee, the Planning
Board of the Town of Ithaca, the Planning staff of the Town of
Ithaca and the ad hoc Comprehensive Planning Steering Committee
have transmitted to the Town Board recommendations for the
implementation of the Report's recommendations, and
WHEREAS, the Town Board of the Town of Ithaca intends to provide
for the implementation of such recommendations;
THEREFORE IT IS RESOLVED, that a Comprehensive Planning Committee
is established to be, as indicated in the January 11, 1990
memorandum of the Planning Board, the principal functioning body in
the preparation of a draft Comprehensive Master Plan, The
Comprehensive Planning Committee shall report to and make
recommendations to the Planning Board for the Planning Board's
review and transmittal to the Town Board for action as appropriate,
Specific responsibilities of the Committee will include, but not be
limited to:
1) the preparation, distribution, and analysis of a survey, or
surveys, to further define issues and goals;
2) the preparation of a statement of goals and of policy
statements;
3) the refinement of a Comprehensive Master Plan work .plan and
the implementation of that work plan;
4) the identification of required studies and necessary data
collection;
5) the design of a scope of work for the consultant and the
monitoring of that effort;
I
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6)
public participation strategies;
7)
i
ongoing environmental review of the Master Plan
I i
components;
8)
Comprehensive Master Plan recommendation to the
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6)
public participation strategies;
7)
maintenance of
ongoing environmental review of the Master Plan
components;
8)
Comprehensive Master Plan recommendation to the
Town.Planning
Board, and
9)
when ested
raga
by the Town Planner, provision of
assistance in
other planning
improvement tasks.
EXHIBIT #2
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RESOLUTION:
The Comprehensive Planning Committee will receive 'staff support
fran George Frantz, Assistant Town Planner, with the overall
comprehensive planning improvement effort coordinated by the Town
Planner, Susan Beeners. Consistent with the recomnendation of the
Comprehensive Planning Steering Committee, Stuart I. Broom
Associates will provide consultant assistance to the Committee on a
per -hour basis to the extent and for the duration the Comprehensive
Planning Committee deems necessary and the Town Board authorizes,
within Town budget constraints,
The membership of the Comprehensive Planning Committee shall
include two members of the Town Board, two members of the Planning
Board, one member of the Zoning Board of Appeals, the chairperson
of the Conservation Advisory Council, and six other community
members, to be appointed by the Town ,Board, The initial
appointments shall be for two .years. The chairperson of the
Comprehensive Planning Committee will be appointed by the Town
Board. The initial appointment will be for a term of one year.
The Comprehensive Planning Committee will recommend a member to the
Town Board to serve as. chairperson in subsequent years: which.
recommendation will be considered by the Town Board; in making
subsequent appointments,
The Town Board recognizes its responsibility to authorize funding
for and authorize levels of effort by the staff and consultant for
the Comprehensive Planning Improvement Program, including the
Master Plan program, while providing for the Planning Department's
concurrent work in development review and land use administration.
In addition, the Town Board references Section 11, Work Effort,
Recc mendations on strategic action plan. for Comprehensive
T
i
EXHIBIT N2
STATE OF NEW YORK
COUNTY OF TOMPKINS 1 SS:
TOWN OF ITHACA )
1, Jean H. Swartwood, Town Clerk of the Town of Ithaca, New York, do hereby certify that the foregoing
resolution is a true and exact copy of a resolution duly'adopted by the VIZ. /6.6_ c ,4�
of said Town of Ithac at a `' C� meeting held on the -day of
1 y0
resolution. , We) , and that the same is a complete copy of the whole of such
Q
IN WITNESS WHEREOF, i have hereunto set my hand and the Corporate seal of the Town of Ithaca, New
York this • j z .r day of &'I'L c 0_�' , 19 yd
Nrilf .....nn 1 rna Pooh Cn., Rn hnbr. N.Y 14"
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The Comprehensive Planning Committee will receive 'staff support
fran George Frantz, Assistant Town Planner, with the overall
comprehensive planning improvement effort coordinated by the Town
Planner, Susan Beeners. Consistent with the recomnendation of the
Comprehensive Planning Steering Committee, Stuart I. Broom
Associates will provide consultant assistance to the Committee on a
per -hour basis to the extent and for the duration the Comprehensive
Planning Committee deems necessary and the Town Board authorizes,
within Town budget constraints,
The membership of the Comprehensive Planning Committee shall
include two members of the Town Board, two members of the Planning
Board, one member of the Zoning Board of Appeals, the chairperson
of the Conservation Advisory Council, and six other community
members, to be appointed by the Town ,Board, The initial
appointments shall be for two .years. The chairperson of the
Comprehensive Planning Committee will be appointed by the Town
Board. The initial appointment will be for a term of one year.
The Comprehensive Planning Committee will recommend a member to the
Town Board to serve as. chairperson in subsequent years: which.
recommendation will be considered by the Town Board; in making
subsequent appointments,
The Town Board recognizes its responsibility to authorize funding
for and authorize levels of effort by the staff and consultant for
the Comprehensive Planning Improvement Program, including the
Master Plan program, while providing for the Planning Department's
concurrent work in development review and land use administration.
In addition, the Town Board references Section 11, Work Effort,
Recc mendations on strategic action plan. for Comprehensive
T
i
EXHIBIT N2
STATE OF NEW YORK
COUNTY OF TOMPKINS 1 SS:
TOWN OF ITHACA )
1, Jean H. Swartwood, Town Clerk of the Town of Ithaca, New York, do hereby certify that the foregoing
resolution is a true and exact copy of a resolution duly'adopted by the VIZ. /6.6_ c ,4�
of said Town of Ithac at a `' C� meeting held on the -day of
1 y0
resolution. , We) , and that the same is a complete copy of the whole of such
Q
IN WITNESS WHEREOF, i have hereunto set my hand and the Corporate seal of the Town of Ithaca, New
York this • j z .r day of &'I'L c 0_�' , 19 yd
Nrilf .....nn 1 rna Pooh Cn., Rn hnbr. N.Y 14"
Ilk
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WHEREAS, preservation and improvement of the quality of the natural and
man made environment within the Town of Ithaca in the face of population
growth, techno:logic change, and increased building and traffic, with
their acocmpamring demands on natural resources are found to be of
increasing and vital importance to the health, welfare and econemie well
being of the present and future inhabitants and require forthright
action by the Town Board of the Town of Ithaca, and
WHEREAS, it is the policy of the Town of Ithaca that resources such as
open space, agricultural lands, and natural areas and features be
adequately protected and managed, and
WHEREAS, Stuart I. Brown Associates, Inc., in the Town of Ithaca
creation of an advisory board to assist the Town in the management ana
protection of such resources, and
WHEREAS, the Town Of Ithaca Planning Board, in a resolution dated
December 5, 1989, recommends the establishment of a committee to assist
the Town Boards and staff in such environmental matters, and y
WHEREAS, the State of New York has, in. Section 239 -x of the General
Municipal Law, specifically authorized. municipalities to. create
Conservation Advisory. Councils and further that the State, through the
Department of. Environmental Conservation, shall reimburse municipalities
for a percentage of their expenses of operating such Conservation
Advisory Councils;
TEEREFDRE, IT IS RESOLVED:
le ESI TABLISHMENT: That the Town Board of the Town of Ithaca hereby
creates an body known as the "Conservation Advisory Council"
(hereafter referred to in this document as the CAC).
2, pORpOBE AND DUTIES: That the purposes and duties of the CAC are
too t
a. Assist the Town Boards and staff in the creation, iaptov=M
and implementation of plans and policies related to
environmental protection and management, open space, natural
areas and features, and agriculture.
b. Conduct and maintain an inventory of the natural resources
within the Town of Ithaca and maintain an up to date index of
all open spaces as defined in Section 239-y of the General
Municipal Law, in public or private ownership within the
municipality, including but not limited to natural landmarkst
glacial and other geomorphic or physiographic featurnet.
streams and their flood plains, swatmps, marshlands, and other
wetlands; unique biotic communities; scenic and other areas of
natural or ecologic value. Such index shall include
ownership, present and future uses of such -open areas, so as
to provide a base :of information for recMIMendations:by thq
council for their preservation and /or use.
c. Seek to coordinate, assist and unify the efforts of private-
groups, institutions and individuals within the Tom in accord
with the purposes of this resolution.
EXHIBIT N2
Id
EXHIBIT N2
j
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d. Reccmmepd to the Planning Hoard and-the Comprehensive Planning
C6mnittee, features, plans and programs relating to
environmental improvement for inclusion in the Master Plan of
the Town of Ithaca, and similarly, recommend to the Town Board
appropriate and desirable changes in existing local laws and
ordinances relating to environmental and land use controls
(including SBQR) or new local laws and ordinances.
e. Review development applications and make recommidations to ,
the Town boards on "environmental assessment fomme and
environmental impact statements, in a timely manner, regarding
open space, natural areas and features and agriculture.
f. Carry out other duties as assigned from time to time by the
Town Board.
3. MEMBERSHIP* That the CAC shall consist of no less that three (3)
members acerb more than nine (9) members, appointed by the Twin Board,
who shall serve for terms of two (2) years. The initial number will be
nine (9). one member shall be the Town representative to the TIoipkins
County Environmental*Management Council. (Four of the initial members
shall be appointed for one year and five of the initial - members shall be
appointed for two years). Any person residing within the Tam of Ithaca
who is interested in the improvement and preservation of environmental
quality shall be eligible for appointment. Each member shall be
entitled to one vote.
40 OFFICERS:
a. That the Chairperson shall be appointed by the Town Boards
For the second year and thereafter, the members of the CAC
shall recommend a member to the Town Board to serve as
• Chairperson which recommendation shall not be binding upon the
Tbwa Board.
b. That the CAC elect from its membership a vice Chairperson and
Recording Secretary and that accurate summary records of its
meetings and activities be transcribed by staff and reported
to the Town Board as required.
5. IPROCEDupm AND REPORTS: That the CAC
a. adopt rules and procedures for its meeting and matters
referred to it.
i
bo oversee the preparation of necessary applications and reports
i to the state in order that the Town receive appropriate .
monetary reimbursement for CAC activities, according to Part
6360o Title 6, N.Y.s. Codes, Rules and Regulations*
co receive staff and clerical assistance from the Town as
i necessary in the preparation of the above documents.
' I
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-EXHIBIT .#2
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RESOLUTION:
i
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•6. CQMPIIdSATIot9 AND EXPENSES: That the members of the CAC shall �
receive no cotapensat on for their services as members thereof but may be
reimbursed for reasonable and necessary expenses incurred in performance
of their duties within the appropriations made available thereof.
7. CON MTION ADVISORY BOARD: That the Town Hoard, by resolution or
local lEw, redesignating the CAC as the Conservation Advisory Hoard
(CAB), provided the CAC has prepared and submitted to the Tam Board the
conservation open area inventory and wep which are accepted and approved
as the open a ce index of the Town by the Town Board, Such
Conservation Advisory Board, (CAB) will ve specific additional powers
and duties as provided for in the Laws of New York State.
•
1 1
U
STATE OF NEW RK
COUNTY OF TOYOMPKWS `S,
TOWN OF ITHACA
1, Jean H. Swartwood, Town Clerk of the Town of Ithaca, New York, do hereby certify that the foregoing
resolution is a true and exact copy of a resolution duly adopted by the I Tjl-,
of said Town of 1 at a <. .c !«� meeting held on the /3 tme day of
44'4-�R-� , 19 ` -'o, and that the same is a complete copy of the whole of such
resolution.
IN WITNESS WHEREOF, l ha here nto set my hand and. Corporate seal of the Town of Ithaca, New
York this %;S� t?,' day of
W&a cau Book cn. Acdw .. KY. 14M � Town Clerk of the Town of Ithaca
EXHIBIT #2
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A G R E E M E N T
THIS AGREEMENT_, made this day of ,
1990 by and between the TOWN OF ITHACA, New York, a municipal
corporation of the State of New York with its principal__office at _
126 East Seneca Street, Ithaca, New York, 1 S50, hereinafter
referred to as "TOWN" and STUART I. BROWN ASSOCIATES, INC., a
domestic business corporation with its principal office at 499
North Plymouth Avenue, Rochester, New York 14608, hereinafter
referred to as "BROWN ASSOCIATES ",
WHEREAS, the TOWN has determined that it has a need for
professional planning services to-- assist the community in the
-.- preparation of a 'comprehensive plan, to...-help organize, and carry
out a. strategic planning .program whi.ch':integrates the Town's long
range planning needs and objectives with its day -to -day land use
and development activities, to assist the Town Board and its
advisory boards in establishing and._L Amp l.ement.ing.— de.vel'b``0iment -
-- policies and to undertake special studies and analyses as needed
and ire -t-ad by the Town Board, and..
== -- -- WHEREAS, the TOWN finds it necessary-and desirable to retain - -- --
a qualified professional planning - - -- consultant- - -to -- conduct the
necessary technical analyses, to make recommendations for action
by the TOWN and to carry out the specific activities described
herein, and
WHEREAS, BROWN ASSOCIATES has esubmitted a proposal to the
r the pr
eyed, reviewed and accepted the.same,.
- -- -_NOW THEREFORE, in consideration of the P remises and the -
EXHIBIT # "3
mutual covenants and agreements hereinaf-ter contained, the parties
agree as follows:
BROWN ASSOCIATES
- -= - = - =- - services outlined
agrees- to provide the professional
and described in Exhibit "A" annexed-------'
nnexed - -- -
hereto and made a part of this agreement. Such services
shall be provided in an_ expeditious, prompt, and
- rofess -i-onai -- manner --so° as- to- -t-ime3- y--- meet=cthe- -needs --of - - -- -
the Town.
2. BROWN
ASSOCIATES
agrees
to
assign
Ronald
Brand
to
serve
as Project
Director
to carry
out
the
work
tasks
des-
cribed in Exhibit A. Said Project Director shall report
to Stuart Brown who shall be responsible for overseeing
the project on behalf of BROWN ASSOCIATES.
3. The Project Director shall, not be changed without prior
•
approval of the -TOWN, - - - - -- — -- - --
40 The TOWN and BROWN ASSOCIATES shall, jointly determine
the - specific —tasks to be ---- undertaken by -the Project----
Director subject to the terms and. conditions of this
agreement, - - - - - -- -- - - - - -- --
59 BROWN ASSOCIATES shall provide the services of the
Project Director, other staff members and sub- consul-
tants on site in the Town on an as needed basis. _
69 BROWN ASSOCIATES agrees to commit and provide up to - - --
sixty (60) hours of professional staff time per month to
carry out the -scope of services specified-._in..Exhibi_t-.A.-----_-.---
- - - 7. For the tasks and activities specified herein, the TOWN
• - agrees to pay BROWN ASSOCIATES for... professional services
EXHIBIT # 3
-- - in accord - with the hourly -r- ate- schedul_ e_at- tached- _to and
.- ___ -_ -___
made a part of this agreement. In addition, the Town
shall- reimburse BROWN ASSOCIATES for the following out° -
- of- pocket expentes incurred --r- carrying out the scope of
work described in Exhibit Al
o Mileage at a rate of $0.24 per mile - -
_ - - -- o = -- Reprodut�ion= coPYm9�PErrses- -at—a- rate= of=��: i�
per copy.
o Specialty delivery. services (i.e. Federal Express),
telephone and overnight lodging in Ithaca as may be
authorized by the Town all at cost' to BROWN
ASSOCIATES.
BROWN ASSOCIATES acknowledges and agrees that the fees
• for its services shall not be increased for any reason
without the -- prior written - consent = - =the -Town.
Be BROWN ASSOCIATES agrees. to submit monthly progress
reports to'�the'TOWN summarizing the afiounti of —time and
expenses committed on behalf of the Town. The report
__---- :-- _- .. - - - -__ - - - --
-- ---- -_- shat -l- also -- desc- r -i -be the- -s
- pec-i f i- c=- at- # -i -v -i -ties -under taken
during the previous month.-
96 This agreement shall. extend. for a period of one (1) year
from the date of execution.
- - -- 10 --
BROWN -- ASSOC-I- ATES-- -sha- ri- sutimi- t-- manth-l-y- pay men t requests
for services rendered under the terms and conditions of
•
this agreement. -Invoices shall breakdown hours expended
by each staff- 'person. Requests -for reimbursement for
out -of- pocket costs shall be supported - -bye invoices.
EXHIBIT #3
Payment for
such work - _sha.1_I.-be- -made:- by- the ._Town within--------
forty -five (45) days of the receipt of an invoice for
such services.
11 : - The- -TOWN -- agrees -to -- assist BROWN ASSOCIATES in-completing -
the tasks described in Exhibit A by providing informa-
ti.on available from Town Departments and officials and
- -- -b rovidin
y p g - staff- r,esourtes ,-- a,s- avaiiable-,-- xo--work -- with- - -- _
BROWN ASSOCIATES on the accomplishment of specific work
tasks. The TOWN further agrees to provide office space,
clerical help, telephone and office supplies for use by
the Project 'D irector while on —s.ite in the TOWN. Support
services made available to the Project Director in the
Rochester Office shall not be charged to the TOWN.
• 12. This agreement may be term - inated bye either party by
providing fifteen- (15) - -- days -- notice in writing to the
other party. If the project is .terminated before the
end of —the 'term - the .— TDWN shal l =compensate BROWN
ASSOCIATES reasonably incurred for all charges in
accordance with - -the fee schedule specified herein up -to
the date of termination.-:—
TOWN OF ITHACA
STUART-I. BROWN ASSOCIATES, INC.
Bye
BY
:.
• DATE: DATE:
EXHIBIT # 3 —
EXHIBIT A
__— — SCOPE OF WORK
1. Attend meetings with the Town Planning staff, the Comprehen- -
sive Planning Committee and Town officials to refine the
-- - -- - - -- work - -phan --for -the Town's- Comprehensive Planning Improvement_-
. - - _ ------ - - - - -- _...
Program. -- - -- - --
2. Attend meetings with the Town Board, Planning Board,-Compre-
hensive Planning Committee and other advisory boards -as may
mutually be detlarmined to be appropriate in achieving the
objectives of the wor -k- plan.,- - - - - -- -- ------ - - - - --
30 Assist the Town in the preparation of a scope of work and a
work plan that will produce a Comprehensive Master Plan for
adoption by the Planning Board by July 1, 1991.
4. Define specific milestones for the accomplishment of the
scope of work and the work plan. The Town and consultant
will determine jointly the responsibility for the accomp-
lishment of each component of the work plan and the priori -
ties for the staging and completion of work activities. The
consultant will monitor progress on specific work activities
leading to the preparation of. the Comprehensive Master Plan.
® 50 Assist the Comprehensive 4 PIannirig ;%,11 ;Committee and planning
staff in the preparation,. conduct:and- analysis of a communi-
ty residents survey.
6 Assist in the development and implementation of a public
information /citizen participation. program. This will
-- °------ T-inciude- -- but-not.. be- limited to: preparing articles- - for- -- -
inclusion in Town newsletters;_ attending -_ meetings with
neighborhood groups; responding to inquiries regarding plan
activities; and,, making public :presentations to describe
components of the.Comprehensive Master Plan,
7.
EEF
Participate with Town officials in representing the Town in.
meetings with various agencies on matters -which relate to
the Town's Comprehensive Master. Plan. This would include
but not be limited to meetings with the following agencies:
_the City of Ithaca,___ Tompkins- .County, Cornell University,
Ithaca College and the New York State Departments _ of
Transportation,, Environmental Conservation, Parks, Recrea-
tion and Historic Preservation.
Organize engineering services to. assist in the evaluation
and /or preparation of specific engineering- related compo-
nents of the Comprehensive Master Plan. These services will
be provided by either the Town of Ithaca.Engineering staff
or, by mutual agreement, by an engineering sub - consultant.
At a minimum this will include engineering advice and
EXHIBIT #4
assistance in the preparation of the water supply and
distribution, sanitary and storm sewer collection and
• disposal and transportation components of the Comprehensive
Master Plan. This assistance will be directed to insure
that the water, sewer and transportation components reflect
and reinforce the Town's land use goals and objectives.
This activity will not include engineering design of
specific water and sewer system components but may include
conceptual designs of utility improvements and transporta-
tion improvement corridors significant to the achievement of
the goals and objectives of the Town's Comprehensive. Master
Plan.
90 Evaluate alternatives for an appropriate geographical
- information /mapping system.
•
•
10. Provide assistance in undertaking necessary environmental
reviews in association with the preparation of a Comprehen-
sive Master Plan.
11. As requested by the Town Planner and Town Supervisor provide
technical assistance in the preparation and /or review of
specific regulations proposed for adoption. This would
include but not --be limited to: preparation of amendments to
the Town Zoning Ordinance and Official Zoning Map; Subdivi-
sion Regulations; preparation of Limited Development Overlay
Regulations; evaluation of the merits of preparing a Capital
Improvements Program; land,,',.other: sim.i.l.ar actions to be
considered by the Town. These activities.will be coordina-
ted with Town staff in advisory committees and boards and
the -Town Attorney. Provide information and referrals should
specialized legal advice be necessary regarding particular
issues.
128 As requested by the Town Planner and. Town-Supervisor provide
technical assistance on pending development projects and
assist in the review of environmental' assessments and other
documents related to the review of private development
proposals.
13. Conduct specific planning studies and.analysis as requested
by the Town Planner and Town Supervisor.
EXHIBIT #4
1
•
•
•
Eva B. Hoffmann
4 Sugarbush Lane
Ithaca, NY 14850
March 6, 1990
Carolyn Grigorov, Planning Board Chairperson
Town of Ithaca
126 East Seneca Street
Ithaca, N.Y. 14850
Dear Cali,
You asked me to come in and tell the Planning Board a little about what I learned at the Association of
Towns meeting in New York, Feb. 18 - 21 this year. I decided to try to write it down for you as well. Here
are brief descriptions of some of the topics covered. They may not all be new, or of interest, to the Town
of Ithaca, but I thought they would be worth bringing up. Wherever possible, I have included names,
addresses and phone numbers, so you more easily can get additional information about any of these topics.
1. Jaqueline Orrantia, Assistant Attorney General at the Real Estate Division of the New York State
Attorney General's office (120 Broadway, 23rd Floor, NY, NY 10271, tel.: [2121341 -2148 direct, or
for public information: [2121341 -2121) gave a presentation called Private Roads and the Attorney
General's Office She discussed a concept called a participation interest. If a developer wants to
create a private road used by all who live in a subdivision, the homeowners there have a participation
interest and the Attorney General has to be involved. Similarly, participation interests like swimming
pools, gazebos, conservation easements, homeowners associations, etc., in private developments where the
town is not involved, are required to be registered with the Attorney General's office. The office has
enforcement staff to help deal with problems that may arise. The locality has to come up with the laws for
the Attorney General to enforce. Ms. Orrantia said that their office is interested in anything where more
than one lot share a participation interest,
If a town plans a moratorium it should let the Attorney general's office know about it. What Ms.
Orrantia talked about all comes from General Business Law 352a which goes back to the early 1960's.
There have been written regulations since 1983.
2. Shelley B. Mayer, Assistant Attorney General at the Real Estate Financing Bureau at the address given
above (tel.: [2121341- 2147), talked about Condominium and Co -x Conversion /sues as They Affect
Town Off /cial. When rental properties are converted to condos or co -ops, there are three sets of laws
( from the General Business Law) that apply:
a. 352eeee, the strictest one. It now applies to New York city only.
b. 3 2 ee, a less strict law that now applies mainly to towns and villages near New York city. The
owner of a building needs an agreement signed by 51 %, of the interested parties to be able to evict tenants,
15% for a non - eviction plan of conversion. This encourages a non - eviction plan. If a tenant continues to
rent his apartment, and there is no rent regulation, the law protects against unreasonable increases in
rent.
c, 352e, the least restrictive . law, is the one adopted by most of the rest of the state. It offers little
EXHIBIT #5
•
•
•
Eva B. Hoffmann
4 Sugarbush Lane
Ithaca, NY 14850
March 6, 1990
Carolyn Grigorov, Planning Board Chairperson
Town of Ithaca
126 East Seneca Street
Ithaca, N.Y. 14850
Dear Cali,
You asked me to come in and tell the Planning Board a little about what I learned at the Association of
Towns meeting in New York, Feb. 18 - 21 this year. I decided to try to write it down for you as well. Here
are brief descriptions of some of the topics covered. They may not all be new, or of interest, to the Town
of Ithaca, but I thought they would be worth bringing up. Wherever possible, I have included names,
addresses and phone numbers, so you more easily can get additional information about any of these topics.
1. Jaqueline Orrantia, Assistant Attorney General at the Real Estate Division of the New York State
Attorney General's office (120 Broadway, 23rd Floor, NY, NY 10271, tel.: [2121341 -2148 direct, or
for public information: [2121341 -2121) gave a presentation called Private Roads and the Attorney
General's Office She discussed a concept called a participation interest. If a developer wants to
create a private road used by all who live in a subdivision, the homeowners there have a participation
interest and the Attorney General has to be involved. Similarly, participation interests like swimming
pools, gazebos, conservation easements, homeowners associations, etc., in private developments where the
town is not involved, are required to be registered with the Attorney General's office. The office has
enforcement staff to help deal with problems that may arise. The locality has to come up with the laws for
the Attorney General to enforce. Ms. Orrantia said that their office is interested in anything where more
than one lot share a participation interest,
If a town plans a moratorium it should let the Attorney general's office know about it. What Ms.
Orrantia talked about all comes from General Business Law 352a which goes back to the early 1960's.
There have been written regulations since 1983.
2. Shelley B. Mayer, Assistant Attorney General at the Real Estate Financing Bureau at the address given
above (tel.: [2121341- 2147), talked about Condominium and Co -x Conversion /sues as They Affect
Town Off /cial. When rental properties are converted to condos or co -ops, there are three sets of laws
( from the General Business Law) that apply:
a. 352eeee, the strictest one. It now applies to New York city only.
b. 3 2 ee, a less strict law that now applies mainly to towns and villages near New York city. The
owner of a building needs an agreement signed by 51 %, of the interested parties to be able to evict tenants,
15% for a non - eviction plan of conversion. This encourages a non - eviction plan. If a tenant continues to
rent his apartment, and there is no rent regulation, the law protects against unreasonable increases in
rent.
c, 352e, the least restrictive . law, is the one adopted by most of the rest of the state. It offers little
EXHIBIT #5
• or no protection to renters. For instance, the owner needs to have a signed agreement from only 15% of
the tenants to be able to convert. The signers don't even have to live in the building, as long as they
express an interest in living there. There is no time limit on getting the signatures - the owner can take
years to get the 15% agreement. If a" tenant does not buy a unit, he can be evicted. The law offers no
protection against harassment by the owner, or protection to senior citizens or disabled rental tenants
from being evicted.
The Attorney General's office has the following suggestions for towns:
1. Any town can adopt 352eee, and they suggest that this legislation be called for.
II. Another law, 352e2e, which protects senior citizens and disabled rental tenants from being
evicted, could be adopted.
i I I. A town can adopt a local law requiring a reserve fund of about 3% of the cost of the offering.
This would be used to improve and keep up the building.
IV. There can be a requirement of a new certificate of occupancy whenever there is a conversion.
This would bring all buildings up to code as they are converted.
Ms. Mayer also discussed the GbmmonOrivewayBill , which tries to take developments which share
2 Ul a common driveway out of the Attorney General's office. The office opposes this because it feels it can
make a difference in dealing with problems and conflicts. She also mentioned Nobile Home Co -ops where
homeowners would be able to buy their lots.
3. Randall Arendt, Associate Director of the Center for Rural Massachusetts, gave a wonderful slide
Qresentation andlectureabout M tOPreserveW817 ace . Here are some of his many suggestions;
a. Require cluster development; cluster houses on individual but smaller than standard lots.
b. Roads in residential developments don't have to be more than 18 feet wide, or they waste space.
c. Require two sketch plans from developers, each with a different ideas on how to use the land.
d. In commercial developments it is better to have maximum setback instead of minimum ones, and
to require parking to be at the rear, with enough space so cars can turn around and not have to back into
traffic.
e. There should be design criteria with the zoning. Encourage the use of native species of plants for
plantings. Screen ugly buildings. Encourage or require the reuse of existing buildings representative of
local architecture. Mr. Arendt had ,e wonderful example of a MacDonald's in a traditional New England
house, with architecturally compatible modern additions, in a town which refused to let MacDonald's tear
down a beautiful old building and put up one of their usual ones instead.
f. Require minimum setbacks along shores. Maine has a mandatory buffer strip; New Hampshire
doesn't.
A book about the things Mr. Arendt discussed, Design Manual; Dealing with Change in the Connecticut
River Valley, is available from The Lincoln Institute of Land Policy, 26 Trowbridge Street, Cambridge, MA
02138, tel.; (617)661 -3016. I understand that the Town of Ithaca has a copy of this manual in its
library. A video of the work done at the Center for Rural Massachusetts is also available. If it is anything
at all like the slide presentation I saw, I can recommend it highly.
4. Lisa Liguori, Director of the Planning Department in the Town of East Hampton gave a slide
• presentation about AlloP60blollojl end the Environment. These are some of the things done in East
E
EXHIBIT #5
y
• or no protection to renters. For instance, the owner needs to have a signed agreement from only 15% of
the tenants to be able to convert. The signers don't even have to live in the building, as long as they
express an interest in living there. There is no time limit on getting the signatures - the owner can take
years to get the 15% agreement. If a" tenant does not buy a unit, he can be evicted. The law offers no
protection against harassment by the owner, or protection to senior citizens or disabled rental tenants
from being evicted.
The Attorney General's office has the following suggestions for towns:
1. Any town can adopt 352eee, and they suggest that this legislation be called for.
II. Another law, 352e2e, which protects senior citizens and disabled rental tenants from being
evicted, could be adopted.
i I I. A town can adopt a local law requiring a reserve fund of about 3% of the cost of the offering.
This would be used to improve and keep up the building.
IV. There can be a requirement of a new certificate of occupancy whenever there is a conversion.
This would bring all buildings up to code as they are converted.
Ms. Mayer also discussed the GbmmonOrivewayBill , which tries to take developments which share
2 Ul a common driveway out of the Attorney General's office. The office opposes this because it feels it can
make a difference in dealing with problems and conflicts. She also mentioned Nobile Home Co -ops where
homeowners would be able to buy their lots.
3. Randall Arendt, Associate Director of the Center for Rural Massachusetts, gave a wonderful slide
Qresentation andlectureabout M tOPreserveW817 ace . Here are some of his many suggestions;
a. Require cluster development; cluster houses on individual but smaller than standard lots.
b. Roads in residential developments don't have to be more than 18 feet wide, or they waste space.
c. Require two sketch plans from developers, each with a different ideas on how to use the land.
d. In commercial developments it is better to have maximum setback instead of minimum ones, and
to require parking to be at the rear, with enough space so cars can turn around and not have to back into
traffic.
e. There should be design criteria with the zoning. Encourage the use of native species of plants for
plantings. Screen ugly buildings. Encourage or require the reuse of existing buildings representative of
local architecture. Mr. Arendt had ,e wonderful example of a MacDonald's in a traditional New England
house, with architecturally compatible modern additions, in a town which refused to let MacDonald's tear
down a beautiful old building and put up one of their usual ones instead.
f. Require minimum setbacks along shores. Maine has a mandatory buffer strip; New Hampshire
doesn't.
A book about the things Mr. Arendt discussed, Design Manual; Dealing with Change in the Connecticut
River Valley, is available from The Lincoln Institute of Land Policy, 26 Trowbridge Street, Cambridge, MA
02138, tel.; (617)661 -3016. I understand that the Town of Ithaca has a copy of this manual in its
library. A video of the work done at the Center for Rural Massachusetts is also available. If it is anything
at all like the slide presentation I saw, I can recommend it highly.
4. Lisa Liguori, Director of the Planning Department in the Town of East Hampton gave a slide
• presentation about AlloP60blollojl end the Environment. These are some of the things done in East
E
EXHIBIT #5
•P
1
• Hampton and Montauk:
a. To preserve farmland:
I. There is a 70% mandatory cluster plan for farmland, i.e. there can only be houses on 30% of
the land.
11. They have a Purchase of Development Rights program to preserve farmlands from beng
developed.
III. They have established Agricultural Districts. Farmers who agree not to develop their land
get reduced taxes and other benefits, and the land is protected.
b. To preserve wetlands:
I. They require setbacks along water edges.
I I. They have an aquisitions program to allow them to buy sensitive properties.
c. To maintain and preserve an extensive network of nature trails and the local pine woods:
I. Private owners have recently started to block the old trails off from public use. The town has
established easements and other ways to protect and preserve the trails in case of future
development.
11. There are maximum limits on clearing of pines on lots.
111. There are maximum areas of lawn that can be established on lots.
IV. They have an active acquisition program to buy pine woods.
d. To create affordable housing they have used this approach:
• i. They establish appropriate sites where services are available and there is a good relationship
between the neighborhood annd`the services.
I I. They adapt the zoning regulations to allow for a higher residential density in the established
areas.
HL L They allow apartments to be built over stores, etc..
IV. They permit conversion of existing housing into apartments.
V. The town sponsors affordable housing projects. For example, the town bought land which had
been platted very early into very small lots. They repiatted the land into more appropriate sized
lots and sold them inexpensively for people to build their own houses on. They allowed
prefabricated housing. There was a maximum clearing restriction on trees. In Montauk the town
acquired an old Air Force base for low cost housing. In another case the town contracted to have
the houses built, and those ,houses were even less expensive than when individual owners
contracted to have them built.
58 As Moderator to the session on the NOW To °PrWram on QnLao.fiW o SEQRA Review To S18 Out of
Trouble.' A Local Pocedures Manual , Herbert J. Levenson, Zoning Administrator in the Town of
Wappinger, talked about how his town uses fees for reviewing developers' plans. They simply will not
consider looking at a developer's plans, until the developer has deposited a sum of money in an escrow
account. The money is then used to pay the costs of the review: staff salaries for the time they use,
copying, mailing and telephone costs, etc.. The account Is interest earning, and when the review is
complete, the town repays the money (if any) that is left, with interest, to the developer. 0. Brian
Morgan, Town Attorney in the Town of Hyde Park, said that with regards to SEQRA all the work a town does
• on a developer's project can be done at the developers expense. Ron Blass, Town Attorney in the Town of La
3
EXHIBIT #5
Grange ( ?), said an escrow account should be set up with the developer right away, before starting the
• review. Especially when it comes to big projects, the message one wants to get across to a developer is: if
the staff who do the work don't get paid, the project doesn't go.
•
•
S. Don Odell, from the Department of State, gave a training session about the role of the Planning Board.
He talked about many, many things which you are very well aquainted with already, I'm sure, Here are a
couple of things which surprised me, all having to do with requirement limitations:
a, Minimum lot sizes cannot be set in subdivision regulations. That is density regulation, and that is
done in the zoning ordinance.
b. Re a�ess of if something is private (for instance, a road), the town can require that it be built
according to town standards.
c. Recreational land must be shown on a subdivision. A town cannot re wire that the developer
dedicate that land to the town. A 10% land donation is standard, This is true for commercial as well
as residential developments.
I hope there are not too many errors in these notes of mine. Perhaps it would be a good idea to have a
meeting where other board members, who were in New York for the meeting, are also present, That way
you could get a more balanced picture of what is new in the towns of New York State.
Please feel free to make copies of these notes for board members or staff, if they are interested,
Copies to:
Shirley Raffensperger, Supervisor
Henry Aron, Chairman, Zoning Board of Appeals
G!
EXHIBIT #5
n
•
"Cayuga Lake Estates"
East of Orchard Hill Road
West of N.Y.S. Route 89
Preliminary Plat Application -- Adjourned
Planning Board, January 23, 1990
* * * * * * * * * * * * * * * * * * * * *
ADOPTED RESOLUTION: "Cayuga Lake Estates"
East of Orchard Hill Road
West of N.Y.S. Route 89
Preliminary Plat Application- -- Adjourned
Planning Board, January 23, 1990
MOTION by Dr. William Lesser, seconded by Mr. James Baker:
—lr
.RESOLVED, that the public hearing in the matter of the review of the
preliminary plat application for the proposed "Cayuga Lake Estates" be
and hereby is adjourned sine die until such time as the applicants are
able to provide a concept plan, at a density of approximately 25 lots,
showing a loop road extension of Orchard Hill Road, with no access to
N.Y.S. Route 89, and until such time as the Planning Board and the
Town Board have reviewed same. The concept plan should incorporate
enough engineering detail to allow the adequate judgement, by the Town
Engineer, the Planning Board, and the Town Board, of the character of
road grading and road cuts, and drainage flows. Although the Planning
Board recommends the review of such concept plan, it recognizes that a
loop road would result in an unusually long cul de sac requiring
waiver of the maximum 1,000 -foot cul de sac requirement set forth in
Article IV, Section 23, Paragraph 9, of the Subdivision Regulations,
and further recognizes that such loop road shall be subject to its
meeting generally - accepted engineering standards to ensure proper
drainage, access, and maintenance.
Aye - Grigorov,*Kenerson, Baker, Langhans, Lesser, Miller, Smith.
Nay - None.
CARRIED UNANIMOUSLY.
* * * * * * * * * * * * * * * * * * * * *
Nancy M. Fuller, Secretary,
Town of Ithaca Planning Board,
January 24, 19900
EXHIBIT # : - -.6
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