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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 ex �l. larid i EXHIBIT #1 .D . 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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Pelee, to f+ O O rM. ,so O Pelee `g W rn Cl) QD CD ... o O Issas" cow Cl 0 0 0 smalls M d Ono H ►r r r M pin z H fi .r N► 400 N ,r C+ M s .a. • -1"% z N_%ii7sc:,E•.. 000 ct N�oj asset �� 0000tG0 0 O � —o r� j QO'= 000 `L0 O 00•riJ00 000000 C EXHIBIT #1 • • • y. M � y y CD d ~ M CD CD A CD CD w Q1Q O •+`• b a � v �+ CD b Efs ►S CD N cle O O 0 CD 'a 9� r4 A CD N O EXHIBIT #1 ►� (D CD m r..".a7 b � � CD r• CCDD CD C4 b @ �-+ CD � y M H to O CD W H w CD a M CD CD 0 � M ff� O !,A �•b C>7 � H cr Ln Ln0'.AO ,~ Ln O O II] b b v, td O 0 c 0000 G O w � rA .. . 49 ff� � !,A 4¢4 4.4 1.11 1J1 NV1T�•- LM COQ Ln Ln0'.AO L11 Ln O p0Oti0 b b b QOOi7 O O 0 4+9 m im O 404 ff� � !,A 4¢4 4.4 1.11 1J1 �D LM COQ Ln G L11 Ln O O b b b QOOi7 O O 0 4+9 m im O 404 ff� N E9 ►- {+4 O N CT ►� Ln O O O O O b b b O O O 0 4+9 m im O 404 ff� ►.. fro W fro N *4 69 P+ O CD LA O N O Ln LA CD 0 rA 0000 G O O 0 O O O O O r*4A�WiA p Cam► Q� G ►-- 1.11 %0 0 0 0 0 O O O O O 4+9 m im O 404 ff� ►.. �l W N *4 69 O O O O Q O O u 0 uuJ�� G O O 0 4+9 m im O 404 ff� ►.. ,r W N O 69 O O G O iu O u 0 uuJ�� ton old M a t.� M M H 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 V • • 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 • • is r 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 i I 6) public participation strategies; 7) i ongoing environmental review of the Master Plan I i components; 8) Comprehensive Master Plan recommendation to the i I 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 • r � t 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" Ilk Z. i . •r 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 I i I 1k i . •r E ' I i I i I • • 0 xFSOU MON 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 '. • I I � iI 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 i -EXHIBIT .#2 i } RESOLUTION: i I •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 r 0 i v 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 t] I i d P A r EXHIBIT #7 J lip 1. r n a z r � Z � J z EXHIBIT #7 J