HomeMy WebLinkAboutPB Minutes 1993-03-02u
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TOWN OF ITHACA PLANNING BOARD
FILED
TOWN OF
Date
.rI /�
MARCH 2, 1993
The Town of Ithaca Planning Board met in regular session on
Tuesday, March 2, 1993, in Town Hall, 126 East Seneca Street,
Ithaca, New York, at 7:30 p.m.
PRESENT: Chairperson Carolyn Grigorov, Robert Kenerson, Virginia
Langhans, Herbert Finch, Candace Cornell, Dan Walker
(Town Engineer), Floyd Forman (Town Planner), George
Frantz (Assistant Town Planner), John Barney (Town
Attorney).
ALSO PRESENT. Steve Willett, Erin Ferguson, Kristine Stannard,
Chris Muller, Jim Hilker, Bob Beck, John Wertis,
Bob Drake, Walter Wiggins,
Chairperson Grigorov declared the meeting duly opened at 7:40
p.m. and accepted for the record the Clerk's Affidavit of Posting
and Publication of the Notice of Public Hearings in Town Hall and
the Ithaca Journal on February 22, 1993, and February 25, 1993,
respectively together with the Secretary's Affidavit of Service by
Mail of said Notice upon various neighbors of each of the
properties under discussion, as appropriate, upon the Clerks of the
City of Ithaca and Town of Enfield, upon the Tompkins County
Commissioner of Planning, upon the Tompkins County Department of
Public Works, upon the Tompkins County Assessment Department, and
upon the applicants and /or agents, as appropriate, on March 2,
1993.
Chairperson Grigorov read the Fire Exit Regulations to those
assembled, as required by the New York Department of State, Office
of Fire Prevention and Control.
AGENDA ITEM: PERSONS TO BE HEARD.
There
were
no
persons
present to
be heard. Chairperson
Grigorov closed
this
segment
of the meeting.
NAL
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TOWN OF ITHACA PLANNING BOARD
FILED
TOWN OF
Date
.rI /�
MARCH 2, 1993
The Town of Ithaca Planning Board met in regular session on
Tuesday, March 2, 1993, in Town Hall, 126 East Seneca Street,
Ithaca, New York, at 7:30 p.m.
PRESENT: Chairperson Carolyn Grigorov, Robert Kenerson, Virginia
Langhans, Herbert Finch, Candace Cornell, Dan Walker
(Town Engineer), Floyd Forman (Town Planner), George
Frantz (Assistant Town Planner), John Barney (Town
Attorney).
ALSO PRESENT. Steve Willett, Erin Ferguson, Kristine Stannard,
Chris Muller, Jim Hilker, Bob Beck, John Wertis,
Bob Drake, Walter Wiggins,
Chairperson Grigorov declared the meeting duly opened at 7:40
p.m. and accepted for the record the Clerk's Affidavit of Posting
and Publication of the Notice of Public Hearings in Town Hall and
the Ithaca Journal on February 22, 1993, and February 25, 1993,
respectively together with the Secretary's Affidavit of Service by
Mail of said Notice upon various neighbors of each of the
properties under discussion, as appropriate, upon the Clerks of the
City of Ithaca and Town of Enfield, upon the Tompkins County
Commissioner of Planning, upon the Tompkins County Department of
Public Works, upon the Tompkins County Assessment Department, and
upon the applicants and /or agents, as appropriate, on March 2,
1993.
Chairperson Grigorov read the Fire Exit Regulations to those
assembled, as required by the New York Department of State, Office
of Fire Prevention and Control.
AGENDA ITEM: PERSONS TO BE HEARD.
There
were
no
persons
present to
be heard. Chairperson
Grigorov closed
this
segment
of the meeting.
PUBLIC HEARING: CONSIDERATION OF PRELIMINARY AND FINAL SUBDIVISION
APPROVAL FOR THE PROPOSED SUBDIVISION OF TOWN OF ITHACA TAX PARCELS
NO. 6- 59 -1 -9 AND 6-•59 -1 -101 0910 + /- AND 0.14 + /- ACRES TOTAL
RESPECTIVELY, TO FORM TWO (2) NEW LOTS, LOCATED ON VINE STREET
BACKLOT OF WORTH STREET AND PEARL STREET (IN THE CITY OF ITHACA),.
RESIDENCE DISTRICT R -9. STEVEN B. AND LOIS S. WILLETT,
OWNERS /APPLICANTS.
Chairperson Grigorov declared the Public Hearing in the above -
noted matter duly opened at 7 :40 p.m. and read aloud from the
Notice of Public Hearings as posted and published and as noted
above.
® Planning Board 2 March 2, 1993
Steven Willett addressed the Planning Board stating that he
and his wife Lois, understood that there were four lots when they
bought the property. The front two lots on Pearl Street the
Willett Is plan to keep for themselves. The two back lots are being
considered for sale. The City already has the parcels listed as
two. The Willetts want to divide the land into two tax parcels,
one half in the City and the other half in the Town. The Willets
own on Miller Street: and Vine, while residing on Cobb Street.
There are no homes on the proposed land, just a garden. There is
a house on Worth Street.
Planning Board member Bob Kenerson asked Mr. Willett if there
was a deed for the two 50 foot lots. Mr. Willett responded that
the two lots were deeded and legal.
Chairperson Grigorov stated that this was a public hearing and
asked if anyone from the public wished to speak or had any
questions.
Jim Hilker addressed the Board stating that they had already
gone to the Zoning Board of Appeals and received special approval
to build on this lot. The Zoning Board of Appeals suggested that
Mr. Hilker obtain a letter from Norbert Shickel to convey access to
® the purchasers of the small parcel at bottom of the map at Vine and
Worth Streets if subdivision is approved, to present to the
Planning Board. A letter from the City Planning and Development
Board recognizes this parcel as left -over of Miller Street, which
is really not a road, but private property which will be adequate
to access onto Pearl and Miller Street. A variance from the City
is needed by Mr. Hilker because he does not have the proper
permits.
The City is willing to relinquish responsibility of the lot in
question if the Town will relinquish their part on the other parcel
which would then front on Pearl and Miller Streets.
Assistant Town Planner George Frantz stated that the Town
would take jurisdiction of the lot that would front on Worth
Street, then grant jurisdiction to the City in terms of Building
Permits for the lot that would front on Miller Street. The lot on
Pearl and Vine Street has to go for appeal for the City for
variance approval.
Town Engineer Dan Walker stated to Mr. Hilker to be careful
with the letter received from Mr. Schickel.
Chris Muller, residing at 207 Cobb Street has a purchase offer
pending on Vine Street. Mr. Muller would end Vine Street as a
® driveway and would be able to save as many poplar trees as
possible. Mr. Muller has cleared away nothing but brush for the
backyard, to save poplar, locust, walnut and cherry trees.
Planning Board member Virginia Langhans asked how many feet
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from the front of the house to the street.
Mr. Muller stated that there would be 29 feet
house. From the Southeast corner would be 36 feet
House on Worth Street is the closest house to the
March 2, 1993
in front of the
from the edge.
property.
Mr. Frantz heard that there may be an easement. Mr. Muller
stated yes. Mr. Frantz asked if Miller Street would have access
across Mr. Muller's lot. Mr. Muller responded no, there would not
be access. Mr. Muller is buying just the southerly piece of
property.
John Barney Town Attorney stated that Mr. Muller is asking to
subdivide and create within the Town of Ithaca a landlocked parcel
with no access at all, until the City Board of Zoning takes action
to authorize the use of the property with access to Pearl Street.
There is not clear right to passage to Miller Street.
Attorney Barney stated that the Town does not normally grant
subdivision approval to lots that you cannot construct on. Must
impose some conditions with respect to construction activity until
the appropriate authorities have acted in the City to provide legal
access to the landlocked parcel.
Town Planner Floyd Forman stated that the condition is that a
variance is needed from the City prior to issuing the building
permit from the Town.
Attorney Barney asked if would it be possible to create an
easement that would run all the way to the North line of the
Southerly lot. The easement would remain in effect until such time
as a right be granted by the City to use this lot as a building lot
with frontage on Pearl Street. Mr. Barney also asked about the
additional easement from Schickel that would go south to Mitchell
Street in addition to the forementioned easement that would go from
Vine to Worth Street.
Mr.
Frantz
stated that the easement
reaching southerly to
Mitchell
Street
was the third condition set
by the Zoning Board of
Appeals.
end
decision
Mr.
Forman
asked if Mr. Hilker has the
right of passage over
Mitchell
Street,
the only problem being the area treated as no
man's land, but
now there is passage from
the edge of the new
property
to Mitchell
Street.
Mr. Hilker responded that he felt that was also Attorney Hines
intention.
Attorney
Barney
stated that at
the
Zoning Board
of
Appeals
meeting the
end
decision
was that
the
easement was
to
go to
® Planning Board 4 March 2, 1993
Mitchell Street to relieve any question ove
of land between the end of Worth Street and
Worth Street ends legally at the City /Town
of Appeals stated that if an easement is
Street that would satisfy them.
r the title of the chunk
where the line begins.
line. The Zoning Board
put in from Mitchell
There appearing to be no further discussion, Chairperson
Grigorov asked if anyone were prepared to offer a motion.
MOTION by Robert Kenerson, seconded by Candace Cornell:
WHEREAS:
10 This action is the Consideration of Preliminary and Final
Subdivision Approval for the proposed subdivision of Town of
Ithaca Tax Parcels No. 6- 59 -1 -9 and 6- 59 -1 -10, 0.10 + /- and
0.14 + /- acres total respectively, to form two (2) new lots,
located on Vine Street backlot of Worth Street and Pearl
Street (in the City of Ithaca), Residence District R -9, and
2. This an Unlisted Action for which the Town of Ithaca Planning
Board is legislatively determined to act as Lead Agency in
environmental review with respect to Subdivision Approval, and
the Town of Ithaca Zoning Board of Appeals is legislatively
determined to act as Lead Agency in environmental review with
respect to any required variances, and
3. The Planning Board, at a Public Hearing held on February 16,
1993, has reviewed and accepted as adequate the Short
Environmental Assessment Form Part I prepared by the
applicant, a Part II prepared by the Town planning staff, a
subdivision plat entitled "lands of Steven and Lois Willett,
Town of Ithaca and City of Ithaca, Tompkins County, NY"
prepared by R. James Stockwin, L.S. and dated January 27,
1993, and other application materials, and
4. The Town planning staff has recommended a negative
determination of` environmental significance with respect to
the proposed site plan, as proposed,
NOW, THEREFORE, BE IT RESOLVED:
That the Town of Ithaca Planning Board hereby makes a negative
determination of environmental significance in accordance with the
New York State Environmental Quality Review Act for the above
reference action as proposed and, therefore, and Environmental
Impact Statement will not be required.
There being no further discussion, the Chair called for a
vote.
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Planning Board 5 March 2, 1993
Aye - Grigorov, Kenerson, Langhans, Finch, Cornell.
Nay - None.
The Motion was declared to be carried unanimously.
MOTION by Herbert Finch, seconded by Virginia Langhans:
WHEREAS.
1. This action is the Consideration of Preliminary and Final
Subdivision Approval for the proposed subdivision of Town of
Ithaca Tax Parcels No. 6- 59 -1 -9 and 6- 59 -1 -10, 0.10 + /- and
0.14 + /- acres total respectively,, to form two (2) new lots,
located on Vine! Street backlot of Worth Street and Pearl
Street (in the City of Ithaca), Residence District R -9, and
2. The Planning Board, at a Public Hearing held on March 2, 1993,
has reviewed and. accepted as adequate the Short Environmental
Assessment Form Part I prepared by the applicant, Parts II and
III prepared by the Town planning staff, and a subdivision
plat entitled "Lands of Steven and Lois Willett, Town of
Ithaca and City of Ithaca, Tompkins County, NY" prepared by R.
James Stockwin, L.S. and dated January 27, 1993, and other
application materials, and
3. This is an Unlisted Action for which the Town of Ithaca
Planning Board, acting as lead agency in environmental review
with respect to Subdivision Approval, has, on March 2, 1993,
made a negative determination of environmental significance,
and
4. The Town of Ithaca Zoning Board of Appeals, at a Public
Hearing held on
February 10, 1993, granted, with
conditions,
a variance from
Article III, Sections 7 and 9 of
the
Town of
Ithaca Zoning
Ordinance for the lot identified
on the
submitted plat as "proposed New Parcel 11,124 Sq.
Ft.
Total,"
to allow for the construction of a single - family
residence.
NOW, THEREFORE, BE IT' RESOLVED:
1. That the Town of Ithaca Planning Board hereby waives certain
requirements for Preliminary and Final Subdivision Approval,
as shown on the Preliminary and Final Subdivision Checklist,
having determined from the materials presented that such
waiver will result in neither a significant alteration or the
purpose of subdivision control nor the policies enunciated or
implied by the Town Board.
2. That the Planning Board hereby grants Preliminary and Final
Subdivision Approval for the proposed subdivision of Town of
Ithaca Tax Parcels No. 6- 59 -1 -9 and 6- 59 -1 -10, 0.10 + /- and
0.14 + /- acres total respectively, to form two (2) new lots,
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Planning Board
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March 2, 1993
located on Vine Street
backlot of Worth
Street and Pearl
Street (in the
City of
Ithaca), as shown
on the subdivision
plat entitled
"Lands of
Steven and Lois
Willett, Town of
Ithaca and City
of Ithaca, Tompkins County,
NY" prepared by R.
James Stockwin,
L.S. and
dated January 27,
1993 subject tot he
following conditions being
met prior to the signing of the
Certificate
of
Approval
by the
Chair
of the Planning Board:
a. revision
reference
of the submitted
the subdivision
subdivision plat
by true course
to
and
distances
to at least one section line corner
or
government
survey monument
in or near
the
subdivision,
of Ithaca
per Article VI,
Subdivision Regulations,
Sect. 37 of the Town
be revision of the submitted subdivision plat to show
any easement or easements across the lot identified
on the submitted plat as "Proposed New Parcel,
11,124 Sq. Ft.," between Worth Street and the lot
identified on the submitted plat as "Proposed New
Parcel, 13,401 Sq. Ft.,"
ce revision of the submitted subdivision plat to
provide for a 30 ft. setback from the east property
boundary of the lot identified on the submitted
plat as "Proposed New Parcel, 11,124 Sq. Ft.,"
do submission by the
applicant of proof acceptable to
the Town
Attorney
that the lot identified on
the
submitted
plat as
"Proposed New Parcel, 13,401
Sq.
Ft.," has
legal access
to Miller Street in the
City
of Ithaca,
and that the lot is a buildable
lot
under the
City of
Ithaca Municipal Code.
e. Compliance with any required variances by the Town
of Ithaca Zoning Board of Appeals.
f. Provision of the Town Attorney of proof of the
availability of access from the extended north line
of Worth Street to the north line of Mitchell
Street: including copy of deed to same.
g. An easement across the southerly parcel to the
south line of the northerly parcel be provided,
which easement may be later canceled by only upon
the approval of all City authorities of access to
same from Miller Street. And the following
conditions are to be met before any building permit
is issued for any construction on the parcel
denominated, "Proposed new parcel 13,401 sq. ft. ":
a. Receipt of a variance or other evidence
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Planning Board
vote,
94
March 2, 1993
satisfactory
FINAL
ITHACA
to
Town Attorney that access to
such
parcel
has
been legally provided by the
City
from
Miller
Street.
b. Proof that the portion of such lot be
consolidated with the remainder of the parcel
in the City to be a single building lot.
There being no further discussion, the Chair called for a
Aye - Grigorov, Kenerson, Langhans, Finch, Cornell.
Nay - None.
The MOTION was declared to be carried unanimously.
Chairperson Grigorov declared the matter of Final Subdivision
Approval for the Steven B. and Lois S. Willett Two -Lot Subdivision
duly closed.
PUBLIC HEARING: CONSIDERATION OF PRELIMINARY AND
SUBDIVISION APPROVAL FOR THE PROPOSED SUBDIVISION OF TOWN OF
FINAL
ITHACA
TAX PARCEL NO. 6 -28 -1 -3.721 115 + /- ACRES TOTAL, INTO TWO (2) LOTS,
108 +, /- ACRES AND 7 + / -• ACRES RESPECTIVELY, LOCATED OFF MAX'S DRIVE
AND BACKLOT OF SHEFFIELD ROAD AND MECKLENBURG ROAD, AGRICULTURAL
DISTRICT AG. ROBERT DRAKE, OWNER, ROBERT BECK, AGENT.
Chairperson Grigorov declared the Public Hearing in the above -
noted matter duly opened at 8:25 p.m. and read aloud from the
Notice of Public Hearings as posted and published and as noted
above.
Robert Beck addressed the Board and stated that he represented
Robert Drake, and the Finger Lakes Land Trust. Mr. Beck introduced
Robert Drake an involved landowner, and John Wertis, President of
Finger Lakes Land Trust. Mr. Beck stated that Finger Lakes Land
Trust wanted to protect the Lake Brook area. Mr. Beck is
requesting approval for subdivision of the 7.4 acres which would
permanently protect the Lake Brook area as a nature preserve open
to the public, and managed by Finger Lakes Land Trust, Mr. Beck
stated his thanks to George Frantz and Floyd Forman for their help
with the process to secure the subdivision.
Chairperson Grigorov noted that this was a Public Hearing and
asked if anyone present wished to speak. No one spoke.
Chairperson Grigorov closed the Public Hearing and brought the
matter back to the Board for discussion.
Ms. Langhans asked Mr. Beck why all the little sections.
0 Planning Board 8 March 2, 1993
Mr. Beck responded that there is 200 feet on the eastern side
of the pond which is mostly wooded and that 60 feet plus is for the
proposed road.
Finger Lakes Land Trust is asking to waive a couple of
conditions stipulated due to the special nature of the request and
the permanent protection of Lake Brook.
Mr. Forman
stated
that
the
7 acres
would be added to any
future parkland
that the
Town
decides
to
acquire.
Mr. Frantz stated that Condition A has been pulled out of the
October 16, 1990 subdivision approval. Mr. Frantz stated that in
the deed it states that the parcel is for nature only - -no building-
- maintain permanently as open space. A portion of the Finger Lakes
Trails runs through this property.
Attorney Barney asked Mr. Beck what happens to land that is
conveyed to the Land Trust.
Mr.
Beck responded that the
Title is transferred complete
to
the Land
Trust. The Trust would
then apply for tax - exemption
and
the land
would be maintained as
a permanent land preserve open
to
® the public as nature reserves. Occasionally, there is a
conservation easement required, in which case, it would remain
titled to the owner with restrictions for future development,
which are permanent; in which case the owner would receive some tax
benefits from the donation of the development rights.
Mr. Beck stated that the Finger Lakes Land Trust is a 501C3
non - profit corporation; incorporated in 1989 with close to 500
members working to protect land, with a board of 14 members. The
Finger Lakes Land Trust is a regional organization with three
chapters in addition to Ithaca.
Attorney Barney suggested a condition to be proposed that the
reason the Board would be waiving the subdivision requirements is
based on the land that would be conveyed to an entity that is going
to maintain it for zoning purposes as an open space. Mr. Drake
would need to sign a purchase agreement that granted subdivision.
Mr. Drake agreed to the condition Attorney Barney mentioned.
Mr. Walker staged a condition would be needed since the
Planning Board waived. the survey of the 115 acres. Also, there is
no conflict with the adjacent neighbors.
Mr. Frantz stated that the only waiver specified is in regards
to the 7 1/2 acres mentioned earlier.
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March 2, 1993
Mr. Walker stated to Mr. Drake that there would actually be
165 feet of frontage to become a legal road. Mr. Drake agreed to
this stipulation. This will be confirmed at a later date with
final acceptance.
There appearing to be no further discussion, Chairperson
Grigorov asked if anyone were prepared to offer a motion.
MOTION by Candace Cornell, seconded by Herbert Finch:
WHEREAS.
1. This action is the Consideration of Subdivision Approval for
the proposed subdivision of Town of Ithaca Tax Parcel No. 6-
28 -1 -3.72, 115 +/- acres total, into two (2) lots, 108+/ -
acres and 7 +/- acres respectively, located off Max's Drive and
backlot of Sheffield Road and Mecklenburg Road, Agricultural
District AG.
2. This is an Unlisted Action for which the Town of Ithaca
Planning Board is legislatively determined to act as Lead
Agency in environmental review, and
3. The Planning Board, at a Public Hearing held on March 2, 1993,
has reviewed and accepted as adequate the Short Environmental
Assessment Form Part I prepared by the applicant, a Part II
prepared by the Town planning staff, a subdivision plat
entitled "Portion of Lands of Robert Drake, max's Drive, Town
of Ithaca, County of Tompkins, State of New York" prepared by
James P. McNamara, L.S., dated October 29, 1992, and revised
February 10, 1993 and February 22, 1993, and other application
materials, and
4. The Town planning staff has recommended a negative
determination of environmental significance with respect to
the proposed site plan, as proposed,
NOW, THEREFORE, BE IT RESOLVED.
That the Town of Ithaca Planning Board hereby makes a negative
determination of environmental significance in accordance with the
New York State Environmental Quality Review Act for the above
referenced action as proposed and, therefore, an Environmental
Impact Statement will. not be required.
There being no further discussion,
vote.
Aye - Grigorov, Kenerson, Langhans, Finch,
Nay - None.
the Chair called for a
Cornell.
® Planning Board 10 March 2, 1993
The MOTION was declared to be carried unanimously.
MOTION by Virginia Langhans, seconded by Carolyn Grigorov:
WHEREAS.
1. This action is the Consideration of Preliminary and Final
Subdivision Approval for the proposed subdivision of Town of
Ithaca Tax Parcel No. 6 -28 -1 -3.72, 115 + /- acres total, into
two (2) lots, 108 + /- acres and 7/5 +/- acres respectively,
located off Max's Drive and backlot of Sheffield Road and
Mecklenburg Road, Agricultural District AG, and
2. The
Planning
Board, at a Public
Hearing held on
March 2, 1993,
has
reviewed
and accepted as
adequate the Short
Environmental
Assessment Form Part
I prepared by the
applicant,
a Part II
prepared
by the
Town planning staff,
a
subdivision plat
entitled
"Portion
of
Lands of Robert Drake,
Max's
Drive, Town
of Ithaca,
Country
of
Tompkins, State of
New
York"
prepared by
James P.
McNamara,
L.S.,
dated October
29,
1992,
and revised
February
10, 1993
and
February 22, 1993,
and
other
application
materials,
and
3. This is an Unl
Planning Board,
with respect to
made a negative
NOW, THEREFORE, BE I.
isted Action for which the Town of Ithaca
acting as lead agency in environmental review
Subdivision Approval, has, on March 2, 1993,
determination of environmental significance.
RESOLVED:
1. That the Town of: Ithaca Planning Board hereby waives certain
requirement for Preliminary and Final Subdivision Approval, as
shown on the Preliminary and Final Subdivision Checklist,
having determined from the materials presented that such
waiver will result in neither a significant alteration of the
purpose of subdivision control nor the policies enunciated or
implied by the 'Down Board.
29 That the Planning
Board hereby grants Preliminary and Final
Subdivision Approval for the proposed subdivision of Town of
Ithaca Tax Parcel
No. 6 -28 -1 -3.721 115 + /- acres total, into
two (2) lots, 108
+/- acres and 7.5 +/- acres respectively,
located off Max's
Drive and backlot of Sheffield Road and
Mecklenburg Road,
as shown on the subdivision plat entitled
"Portion of Lands
of Robert Drake, Max's Drive, Town of
Ithaca, County of
Tompkins, State of New York" prepared by
James P. McNamara,
L.S., dated October 29, 1992, and revised
February 10, 1993 and February 22, 1993, conditioned upon the
following.
® a. That no further subdivision of Town of Ithaca Tax Parcels
No. 28 -1 -3.72 and 28 -1 -3.62 shall be approved until the
submission, for Planning Board approval, of a preliminary
® Planning Board 11 March 2, 1993
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subdivision plat that:
1e encompasses the whole of both parcels;
2o shows a second access for homes on Max's Drive;
3. includes, for the Planning Board's consideration, a
suitable proposal for public parks and open space
dedication as provided for in the Town of Ithaca
Subdivision Regulations.
b. That for the purpose of calculating the size of any
future park and open space dedication, the 7.5 +/- acres
being subdivided from the parent tract be included in the
acreage used to determine the size of said dedication.
c. Approval by the Tompkins County Department of Health of
any necessary on -lot sewer facilities prior to the
issuance of any building permit.
d. Before or simultaneously with the recording of any deed
to the 7.5 acre parcel there shall also be recorded a
deed to the Finger Lakes Land Tract conveying in fee
simple the premises owned by Moss Sweedler amounting to
approximately 130 acres off of Sandbank Road which
includes the north side of Lick Brook gorge, such land
being conveyed in such a manner that no developer or
subdivision of such Lick Brook property may occur and
that the same shall be maintained as open space, the form
of such conveyance to be approved by the Town Attorney.
Such condition has been included at the request of the
applicant and whether or not so reflected is an expressed
condition to this Board.
e. The conveyance to the Land Trust shall occur within one
year, otherwise, this approval shall terminate.
f. The Plat shall be amended before signing by the Chair to
show the temporary turn around has already been conveyed
to the Town as a Town Road.
Town Attorney requested
a copy of the
deed
from
Judy
Rossiter.
There being no further
discussion,
the
Chair
called
for a
vote.
Aye - Grigorov, Kenerson, Langhans, Finch, Cornell.
Nay � None.
The MOTION was declared to be carried unanimously.
Chairperson Grigorov declared the matter of Final Subdivision
0 Planning Board 12 March 2, 1993
Approval for the Robert Drake Two -lot Subdivision duly closed.
PUBLIC
HEARING:
CONSIDERATION OF PROPOSED
AMENDMENTS TO THE
TOWN OF
ITHACA
SUBDIVISION REGULATIONS.
,
Chairperson Grigorov declared that the Public Hearing in the
above -noted matter duly opened at 9:00 p.m.
Mr. Forman stated that there has been only one change, on page
25, Section 32. Number of dwelling units permitted per acre has
been changed to 2.3 dwelling units permitted per acre in Residence
District R -30. (Subdivision Regulations attached hereto as Exhibit
#1)
There appearing to
be
no further
discussion,
Chairperson
Grigorov asked if anyone
were
prepared to
offer
a motion.
MOTION by Robert Kenerson, seconded by Virginia Langhans.
RESOLVED,
That the Town of Ithaca Planning Board hereby Approves the
amendments made to the Town of Ithaca Subdivision Regulations as
noted in the February 25, 1993 version of said regulations.
There being no further discussion, the Chair called for a
vote.
Aye - Grigorov, Kenerson, Langhans, Finch, Cornell.
Nay - None.
The MOTION was declared to be carried unanimously.
SKETCH PLAN REVIEW: PROPOSED "BUTTERMILK VALLEY" CLUSTER
SUBDIVISION OF TOWN OF ITHACA TAX PARCELS NO. 36 -1 -4.2 AND 36 -1 -6,
74 +/- ACRES TOTAL, INTO 70 LOTS, APPROXIMATELY 4,150 LINEAR FEET OF
ROAD, APPROXIMATELY 20 ACRES OF PERMANENT OPEN SPACE, AND WATER AND
SEWER FACILITIES, TO BE LOCATED BETWEEN 1146 AND 1172 DANBY ROAD,
RESIDENCE DISTRICT R -15, SPECIAL LAND USE DISTRICT S -1. WALTER J.
AND JOYCE Y. WIGGINS,. OWNERS /APPLICANTS.
Chairperson Grigorov declared
Wiggins addressed the Planning Board
the
Sketch Plan Review of
"Buttermilk
the parcel for 20 years or
Valley"
The lower
duly
of the parcel
opened
portion
at 9:05
p.m.
zoned R -15.
Walter
Wiggins addressed the Planning Board
stating that he
and his
wife have owned
the parcel for 20 years or
so.
The lower
portion
of the parcel
is zoned R -30, the upper
portion
of the
parcel is
zoned R -15.
Mr. and Mrs. Wiggins would
like
to create a
cluster
subdivision
to enable lower income families
to become
® property owners. 15% of the lots would be put on the market at
approximately $100,000.00 for house and lot, and another 15% at
about $125,000.00 for house and lot. Frontage on the lots would
range from 70 feet to 120 feet. Mr Wiggins stated that he would
0 Planning Board 13 March 2, 1993
bring in three or four contractors to pick up a half dozen lots
each and build the kind of homes to make this an attractive area.
Every lot would have its own space. The back side of the property
is Buttermilk State Park.
Mr. Wiggins also stated that the area in the north and
northwest corner would be held as open space which is
environmentally attractive space, would transfer it to the State to
make part of it the State Park.
Chairperson Gri.gorov asked if there were any trails through
this property.
Mr. Wiggins responded that there were no trails there.
Ms. Langhans asked how long the road was.
Mr. Wiggins responded that the road is 4,150 feet, with two
way access.
Mr. Frantz stated that Subdivision
there be 600 feet between intersections
have enough room for 2 access roads on D
® Mr. Walker stated that Mr. Wiggins
road to approximately 40 feet instead of
Regulations require that
and this parcel does not
anby Road.
could widen the entrance
20 feet of pavement.
Mr. Frantz stated that another possibility is to use the
entrance to LaTourelle.
Mr. Wiggins replied that he preferred Mr. Walker's suggestion.
Mr. Walker stated that Mr. Wiggins should have the Fire
Department look at the safety aspect of this.
Mr. Frantz stated that there are scattered areas that do show
wetlands.
Mr. Walker responded that if wetlands are there, a permit to
build a retention pond may be the answer, he felt that the Corps of
Engineers would grant a permit for such a site design.
Mr. Frantz suggested that Mr. Wiggins get a wetlands guide
done by a professional.
Mr. Walker stated that water is available, sewer at LaTourelle
would have to be pumped up to the development.
Chairperson Grigorov stated that they could provide access to
the State Park around the retention pond and could also be a
buffer.
® Planning Board 14 March 2, 1993
Chairperson Grigorov suggested delineation concerning wetlands
or legal permit from Corps of Engineers to fill in the land.
Perhaps a new Sketch Plan would have to be done again.
Chairperson Grigorov asked if anyone else had any questions.
No one spoke.
Chairperson Grigorov declared the matter of the Sketch Plan
Review of the Proposed "Buttermilk Valley" Cluster Subdivision with
respect to Water and Joyce Wiggins duly closed at 9:55 p.m.
AGENDA ITEM: REPORT OF THE TOWN PLANNER
Town Planner Floyd Forman stated that the Wilcox's are going
to have help from the bank, and the Planning Board may see Jones
Farm again. Mr. Forman also stated that the final date of the
meeting on West Hill has not yet been decided. It is likely to be
the 6th of April, possibly at the Biggs Building, or at the
hospital. Mr. Forman stated that the Executive Summary of the
Comprehensive Plan was being beefed up, but unsure of when it would
come.
Planning
Board
Member Robert Kenerson stated that
the public
needs to know
what
is going to happen after these area
meetings.
® People need to
know
when and where the Public Hearings
will be.
Mr. Forman stated that the GEIS is wanted by Cornell
University by April 6th. March 30, 1993 will be GEIS and Orlando
Iacovelli meeting. Cornell has given Board 30 day extension.
Planning Board Member Candace Cornell stated that it would be
unfair to work on the Comprehensive Plan and GEIS to be focused on
at the same time. The Board needs to make sure fair time is spent
on each project. All of the other Planning Board members agreed.
OTHER BUSINESS
Chairperson Grigorov stated that there was no other business
to come before the Board.
ADJOURNMENT
Upon Motion, Chairperson Grigorov declared the March 2, 1993
meeting of the Town of Ithaca Planning Board duly adjourned at
10:40 p.m.
Respectfully submitted,
StarrRae Hays, Recording Secretary
Town of Ithaca Planning Board
:wh
SUBDIVISION REGULATIONS
FOR THE
TOWN OF ITHACA
•
Exhibit #1
3/2/93 Minutes
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TABLE OF CONTENTS
ARTICLE L INTRODUCTION AND ADMINISTRATION
Page
Section 1
Authorization
1
I
Policv
4-2
3
Administration
2
4
Public Hearings
=
3
5
Minimum Requirements
31,
4
6
General Procedure
3
4
7
Environmental Review
45
8
Fees
45
9
Violation and Penalty
46
10
WaiYeF af Requifeffle Appeals and Waivers
6
11
Amendments and Rules
-56
12
Wheff Separability
13
Effective Date
75
19 sepaiabilit�'
5
ARTICLE II. GENERAL PROCEDURES FOR SUBDIVISION REVIEW
Section 14 Pfe Appliaa&H Sketch Plans and Data 6 Pre- Application Information
3
15 Preliminary Subdivision Review
16 Final Subdivision Review
17 Medifiiea6eii iviodilications of the Final Plat
X10
ARTICLE III, INTERPRETATIONS AND DEFINITIONS
Section 18 References
19 Construction
20 Terms
ARTICLE IV. RESERVATION REQUIREMENTS AND SUBDIVISION
DESIGN STANDARDS
-911
911
911
Section 21 Reservation of Land for Public Facilities 17 e-r—
Pubiie Utgkies 19
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22 Reservations of Parks and Recreational Land -4417
23 Highway Improvements 1g
24 Blocks and Lots 46 Z0
25 Solar Access 47 21
26 Storm Drainage 4.; 21
27 Water Supply and Sanitary Sewerage -1-'. 22
28 Survey Monuments 4$ 22
29 Underground Wires and Cables 4$ 23
30 Phased Developments 49 23
ARTICLE V. RULES AND REGULATIONS FOR CLUSTERED
SUBDIVISIONS
Section 31 Minimum Gross Area 44 24
32 Number of Dwelling Units Permitted 44 24
33 Buffer .yea; -=4 Zone Requirement
34 Regulation of Exterior Characteristics -�24 26
35 Restriction of Unrelated Persons =-? 27
ARTICLE VI, PRELIMINARY AND FINAL SUBDIVISION PLAN
REQUIREMENTS
Section 36 Preliminary Plat Checklist -2-:3 28
37 Form of Final Plat 25 30
38 Improvement Plans and Related Information Y8 33
26
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TOWN OF ITHACA SUBDIVISION REGliLATIONS
Section 1. Authorization.
ARTICLE I
INTRODUCTION AND ADINIINISTRATTON
1. By resolution adopted on the 6th day of October, 1955 the Town Board, pursuant to the
provisions of Article 16 of the Town Law, authorized the Planning Board of the Town of Ithaca
to approve plats for subdivisions within that part of the Town of Ithaca outside the limits of any
incorporated village, said resolution reading as follows: "RESOLVED, that the Planning Board
shall be and it herebv is authorized and empowered, to approve plats showing new streets or
highways within that portion of the town outside the limits of the incorporated village of Cayuga
Heights, and to exercise all other powers, delegated to it by the provisions of Article IY of the
Zoning, Building and Planning Ordinance of the Town of Ithaca enacted October 7 1954, or
which may be delegated to it by resolution of the Town Board, pursuant to the provisions of
Section 274 of the Town. Law, or which are described or contemplated under the provisions of
® Article 16 of the Town Law or acts amendatory thereof, with reference to 'Zoning and Planning';
and be it further RESOLVED, that the Town Clerk shall file with the Clerk of the County of
Tompkins a certificate in the form herewith attached, certifying that the Planning Board has been
authorized to approve plots showing new streets or highways in accordance with the provisions
of Section 276 of the Town Law. "
2. By resolution adopted on the nth day of November, 1955 the Town Board authorized the Town
Planning Board to confirm or make changes to the Town Zoning Regulations simultaneously with
the approval of a subdivision plat to the extent permitted by law, said resolution reading as
follows: "RESOLVED that the Planning Board be, and it hereby is empowered at the time of
the approval of a plat either to confirm the zoning regulations of the land so platted as shown on
the official zoning maps of the Town or to make any reasonable change therein, upon following
the procedure required by Section 281 of the Town Law."
3. The Subdivision Regulations of the Town of Ithaca were adopted by the Town Planning Board
on March 24, 196 and approved by the Town Board on March 24, 1956.
4. By resolution adopted on the 4th day of October, 1982 the Town Board amended the Town of
Ithaca Subdivision Regulations, reaffirmed the delegation to the Planning Board of it powers
under Section 281 of the Town Law as amended, and further delegated to the Planning Board the
authority to mandate clustered subdivisions in the Town of Ithaca. Said resolution further au-
thorized the Planning Board to require developers to submit a clustered subdivision plan whenever
the Planning Board believes that the application of such procedure would benefit the Town. The
authority of the Planning Board to require clustering is limited by the conditions of Article V of
these regulations, adopted by the Planning Board on November 11, 1982 and approved by the
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Town Board on November 16, 1982 and by the provisions of Article 16, Section 281, of the
Town Law.
5, The Subdivision Regulations of the Town of Ithaca are further amended to read as follows:
Section 2. Policy.
1. The policy of the Town of Ithaca is to consider land subdivision regulations as part of a
comprehensive plan for the orderly, efficient, and economical development of the Town of Ithaca.
Proper provision shall be made for drainage, water supply, sewerage, highways, open space, and
other needed improvements, and to provide protection against floods and to otherwise promote
the health, safety, and welfare of the Town's inhabitants.
2. The subdivision regulations are adopted to guide, promote, and protect the community's physical,
social, and aesthetic development in order to preserve the character of the Town as a beautiful
and desirable place in which to live.
3. All proposed lots shall be laid out in harmony with the prevailing pattern of development, with
development following the contour of the land as much as possible. Developers of large
subdivisions are encouraged to consider the use of clustering in their designs. Clustering may
permit a flexibility in the development and use of land. Clustering results in a concentration of
occupancy and use in a particular area of land and space. The increased use of the cluster
provisions of Town Law may encourage the preservation of available open space within
residential communities and reduce the cost and maintenance of public improvements.
40 The Planning Board may adopt provisions for parks, playgrounds and other recreational facilities
pursuant to the Town of Ithaca Park and Open Space Plan,
5. All streets shall be of such width, grade, and location in order to accommodate the prospective
traffic, and to facilitate emergency services, and to provide access for all fire fighting equipment
to all buildings.
Section 3. Administration,
1. These regulations shall be enforced by the Building Inspector
Town Planner. If any applicant for subdivision approval or
requirement or determination of the enforcing officer affecting
compliance with and enforcement of any of these regulations,
Board for a review of the requirement or determination by the R
the provisions of Section 10 hereof entitled "Appeals."
and 64e, Town Engineer, or the
other person is aggrieved by a
the interpretation, applicability,
he shall appeal to the Planning
anning board in accordance with
2. Whenever any subdivision of land is proposed to be made, the subdivider or his agent shall apply
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in writing to the Planning Board for the approval of the subdivision. This application shall
conform to the specifications set forth in these regulations.
3. Until the Planning Board has given final approval of any - ke pi subdivision plat and the
application for the approval of a subdivision, and the subdivision map has been filed in the
County Clerk's Office bearing the approval of the Town Planning Board and all other required
endorsements and complying with these regulations and all requirements of law, no building
permit for construction or other work on the property shall be issued nor shall such permit be
valid if erroneously issued, and no lot in the subdivision shall be sold. Any such action or any
work done on or with respect to the lands in the subdivision or any expenses incurred prior to
final approval shall be at the peril of the owner of the land or the applicant and shall not dive rise
to any claim for damages by the landowner or applicant.
4. Where an approved subdivision has later been consolidated, in whole or in part, for real
estate tax purposes or any other reason (and regardless of whether all or a part of such
subdivision has been or thereafter is described as one or multiple parcels on any deeds or
other instruments), the portion so consolidated shall not be resubdivided without undergoing
subdivision review and approval as if it were a new subdivision.
Section 4. Public Hearings.
®
10 Notice of public hearings shall be published in the official newspaper of the Town of Ithaca at
least five (5) days before the Planning Board meeting. The law governing the holding of public
hearings for subdivision approval is set forth in Section 276 of the Town Law.
2. Advertising or publishing the notice, in accordance with the provisions of law, is the only notice
legally required.
3. However, in order to promote public information and participation in the subdivision approval
procedures, the Planning Board may direct the Planning Board Secretary or other authorized
person to make reasonable efforts to notify owners of land whose property is adjacent to and
abuts upon any boundary of the land for which subdivision approval is sought or whose land is
in the immediate vicinity of the proposed subdivision and who have such standing as will support
their interest in the subdivision or site plan. The failure to give any such notice shall not
invalidate in any manner any action or determination by the Planning Board, nor shall such
failure be a basis for any proceeding or action against any officer, official or employee, or a
member of the Town Board or Planning Board.
4. A public notice sign of the pending public hearing, obtainable at the Planning Department,
shall be posted on the property to be subdivided in view of a public road not less than 14
days nor more than 30 days prior to the public hearing at which the subdivision is to be
considered. Failure to post or maintain the signs as provided in this section shall not be a
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I
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jurisdictional defect and any action taken by the Planning Board in connection with the
application shall not be nullified or voidable by reason of the failure to comply with this
section. However, the failure to post or mai,
Planning Board in its discretion so determine,
to hear the matter at the scheduled meeting
appropriate signs installed and/or maintained.
shown, waive the requirement of the posting of
applicable provisions of the Zoning Ordinance.
Section 5. Minimum Requirements.
stain the sign may be
to deny the application
date by reason of the
The Planning Board
signs as called for by th
grounds, should the
sought or to decline
failure to have the
may, on good cause
is section and by the
1. In their interpretation and application, the provisions of these regulations shall be held to be
minimum requirements, adopted for the promotion of public health, safety, and general welfare.
20 Nothing in these regulations shall prohibit the subdivider from placing additional restrictions, not
in violation of these regulations, on lots within the development.
Section 6. General Procedure,
1. The Town of Ithaca has established a three -step procedure for the review of subdivisions. Its
purpose is to encourage developers and the public to work together with the Planning Board and
the Town staff to achieve the goals for development and growth of the Town of Ithaca. 41
2. When required by the Town staff the applicant shall present preliminary ideas in the form of a
sketch plat to the Town staff for their comments and evaluation prior to the scheduling of a
Planning Board meeting. The requirements for the sketch plat are set forth in Article II, Section
14. The staff will be available to help the subdivider understand the improvements and restric-
tions which the Planning Board could be expected to impose upon the development, as presented.
The staff and the subdivider should work together to ensure that the project will meet the
requirements of these regulations as well as any additional requirements the Planning Board may
impose.
3. If the subdivision is complex or extraordinary in scale, the subdivider shall be required to present
informally the sketch plat to the Planning, Board for their comments prior to the preparation of
a preliminary plat. This sketch plat review may save the subdivider time and expense in the
planning and design of the project.
4. The subdivider should inquire of the staff as to the overall requirements of these regulations, and
may proceed with the preparation of a preliminary plat.
5. All documents relating to the preliminary plat, including the Environmental Assessment Form,
Part I, shall be presented to the Trawn Engineer- applicable
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department at least twenty (20) business days before the Planning Board meeting at which the
project is to be considered. The -T
Feffn _ _ _ _ _ __ .
lSl -
r
Town Planner or the Town Planner's designee shall record the date when the material is
received. The Planning Board shall not be required to hold a public hearing until the Town
£�gi Planner or Town Planner's designee has received all required information and
documents.
6. Following preliminary subdivision approval, the subdivider may proceed to stake out roads and
lots, to prepare final plans and any engineering plans showing information and data required by
these regulations and other applicable provisions of law, and the subdivider shall also furnish such
other information as may be lawfully and reasonably required by the Planning Board. The act,
in itself, of the Planning Board in granting preliminary approval of a subdivision plan shall not
be interpreted to create a presumption, or in any way imply, that the Planning Board will give
final approval to the subdivision if all conditions contained in the preliminary approval have not
been met to the satisfaction of the Planning Board or if the Planning Board determines that the
subdivider has not met all other requirements of any applicable rule, regulation, code or law or
any other requirements which the Planning Board may reasonably .impose before anv final
approval is given.
® Section 7. Environmental Review.
L The subdivider, at any stage of his application for subdivision approval shall furnish such
information, data, maps, reports or other documents which the Town or the Planning Board, as
its agency, may require for the environmental review procedures including all applicable
requirements or the New York State Environmental Quality Review Act and Town of Ithaca
Local Law #3) -1980 (Town Environmental Law), as it may be amended from time to time, or
any other applicable rule, regulation, code or law. The Planning Board will usually act as the
lead agency for the environmental review of subdivisions within the Town of Ithaca, although the
subdivider may also be required to obtain permits from other agencies, such as the Tompkins
County Health Department, prior to final approval of the project.
Section 8. Fees.
1. There shall be paid to the Town the application fees, review fees, hearing and /or agenda fees,
escrow deposits, SEQR fees and other charges set forth in Section 84 of the Town of Ithaca
Zoning Ordinance.
2. The amounts of such fees, the time of payment of same, the process for calculating, depositing
and /or paying same, and the circumstances under which the fees or deposits may be modified
shall all be as set forth in such section of such Ordinance.
3e The Town officials receiving such fees shall issue a receipt stating the purpose of the
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payment. This receipt must be filed with the application as evidence of payment.
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Section 9. Violation and Penalty.
1. A violation of these reslations is an offense, punishable as set forth in Section =68 of the Town
Law.
29 Notwithstanding any other provisions
of these regulations, the Planning Board may
refuse
preliminary or final subdivision approval to a subdivider, as long
as the subdivider, or anv
person
or entity under or in the control of such
subdivider,is in default in the performance of any
actions
required of them pursuant to law or
pursuant to conditions
imposed in connection
with a
previously approved subdivision in the
Town of Ithaca.
Section 10. Appeals and Waivers.
3 1. The appeal by an aggrieved person for a review of the determination of the Building Inspector,
Town Engineer, or Town Planner as provided for in Section 3-4r- 3, subparagraph 1 of these
regulations shall be made in writing, shall set forth in a reasonably concise manner the deter-
mination from which an appeal is made and a full statement of the particulars and reasons why
the subdivider believes the appeal should be reviewed in such detail on such forms as may be
required by the Planning Board. Such appeal must be filed with the Secretary of the Planning
Board at least s2spen (7) fourteen (14) days prior to the meeting of the Planning Board at which
an
the appeal shall be heard. The Plning Board in its sole discretion may waive the aforesaid
requirement and permit an, appeal to be reviewed in a shorter period of time. The Planning
Board shall render its decision in writing within 30 days of the meeting at which the appeal is
reviewed.
32. Waivers. When the strict application of any of the specifications and provisions of these
regulations will cause unnecessary or significant hardship or practical difficulties, the Planning
Board may waive any such specification or other provision provided that the Planning Board
determines that neither a significant alteration of the purpose of subdivision control is made, nor
the policy enunciated or implied by the Town Board in adopting these regulations is impaired.
Whenever any such waiver is granted, a copy thereof must be immediately delivered to the Town
Clerk for distribution to the members of the Town Board.
43* An appeal from any determination of the Planning Board shall be made in accordance with the
requirements of Article 78 of the New York Civil Practice Law and Rules.
Section 11. Amendments and Rules.
1. These regulations may be amended from time to time by the Town Board. The Planning Board
may adopt and amend rules for the administration and implementation of these regulations,
provided they are not in conflict therewith. A copy of any such amendments shall be distributed
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to the Town Clerk for distribution to the Town Board members.
Section 12. Separability.
10 A final determination by a court of competent jurisdiction that any one or more of the provisions
of these regulations are illegal, unconstitutional or otherwise void shall not affect the validity of
all other provisions and such other provisions shall continue to be enforceable and in full force
and effect.
Section 13. Effective Date,
16 These regulations shall be effective upon adoption by the Planning Board and approval of the
Town Board. The Planning Board may direct that a notice of the adoption shall be published
in the official newspaper within ten (10) days of adeptie the approval by the Town Board.
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ARTICLE TI
GENERAL PROCEDURES FOR SUBDIVISION REVIEW
Section 14. Sketch Plans and Pre - Application Information.
1. The When required
sketch plat and suppi
at the option of the
information:
by the Planning Board or Town Planner, the subdivider shall present a
)rting data for purposes of informal review and discussion. The feil,&
pFeyide When not otherwise required, a sketch plat may be submitted
applicant. When provided, a sketch plat should include the following
a) General subdivision information outlining the existing conditions of the site and
the proposed development.
b) A location map showing the relationship of the proposed subdivision to existing
community facilities.
C) A plat showing in simple form the proposed layout of streets, lots, and other
features of the proposed subdivision.
d) A eeFHpieted Town of Ithaca Short Environmental Assessment Form, Part I,
which should be completed and filed with the Planning Board at the time of
sketch plat review.
e) A fee or deposit in the amount required by the applicable section of the
Zoning Ordinance or other statute as appropriate.
Section 15. Preliminary Subdivision Review.
1. The procedure for preliminary subdivision review shall be as provided for in these regulations
and Town Law, sections 276 through 281 as they may from time to time be amended. The
preliminary plat, topographic map, street profiles and all other necessary information shall be in
full compliance with the provisions of Town Law and these revelations except where variations
therefrom may be specifically authorized by the Board.
2. The subdivider shall submit to the Plafiakia -Bated Town Planner or the Town Planner's
designee a development review application, a preliminary plat in the form required by Article
VI, Section 36, the Town of Ithaca Environmental Assessment Form ; Part I, and tear -(10)
twenty (20) reduced copies of the improvement plans and other information required by these
regulations. All required information must be received by the e€fiee -ef the Town E wee
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•
least ten (IG) Planning Department at least twenty (20) business days prior to the Planning
Board meeting at which .4f a the subdivision will be considered,
the pfelifa inafv pear a:metf h EhiS iS R6E a I -
- n-The a pplicant shall
post a public notice sign on the property at least fourteen (14) and no more than thirty (30)
days prior to the public hearing as specified in Section d, subparagraph 4, as amended.
Failure to post or maintain the signs as provided in this section shall not be a jurisdictional
defect and any action taken by the Planning Board in connection with the application shall
not be nullified or voidable by reason of the failure to comply with this section. However,
the failure to post or maintain the sign may be grounds, should the Planning Board in its
discretion so determine, to deny the application sought or to decline to hear the matter at
the scheduled meeting date by reason of the failure to have the appropriate signs installed
and /or maintained. The Planning Board may, on good cause shown, waive the requirement
of the posting of signs as called for by this section and by the applicable provisions of the
Zoning Ordinance.
4. Any action or determination of the Planning Board approving an application,
whether fi nal or preliminary, shall be revocable, in whole or in par
determination was made in reliance on any misrepresentation, concealment,
act or statement by the applicant or was based on a mistake as to a material
Section 16. Final Subdivision Review,
in whole or in part,
if the action or
or other fraudulent
matter.
16 The procedure for final subdivision review shall be as provided for in these regulations and Town
Law, sections 276 through 281 as they may from time to time be amended. The subdivider must
file with the Board three a• iegs an origi
• �' nal and four (d) copies of the final subdivision plat
and street profiles in the form described in Article VI, Section 38 except where variations
therefrom may be specifically authorized by the Board.
2. The final plat and improvement plans shall be submitted to the ffl.._ ,f Ehe T,
'astl -8) Town Planner or Town Planner's designee at least twenty (20) business days
prior to the date of the Planning Board meeting at which time final approval is requested. The
Town f=ear- Planner shall enter the date of receipt on the material submitted.
�. The Planning Board shall, within 45 days from the date of submission of the final plat, eye,
onditionally approve with or without modifications,
disapprove, or grant final approval and authorize signing of such plat. The Planning Board
may also, for good reason, cause the extension of this review period. Such approval shall,
however, not be deemed final until the subdivider has complied with the provisions of the
following paragraphs:
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a) The subdivider shall tender "offers of cession ", in a form certified as satisfactory by the
Town Attorney, of all land included in streets, highways or other public improvements.
However, approval of the plat by the Planning Board shall not constitute acceptance by
the Town Board of any street, highway, or other public improvements.
b) The subdivider shall obtain and file with the Planning Board a letter from the Tompkins
County Department of Health indicating satisfactory design compliance with the realty
subdivision provisions of the County Sanitary Code,
Section 17. Modifications of the Final Plat.
1. If there are modifications of the final plat requested by the subdivider subsequent to its filing in
the office of the County Clerk, such requests shall be made in writing to the Town Engineer, who
is hereby empowered to approve minor, practical modifications on behalf of the Planning Board.
When, in the opinion of the Town Engineer, the requested modifications are substantial in nature,
scope or extent, and materially affect the subdivision plat as approved by the Planning Board, the
subdivider shall not proceed without the approval of the Planning Board. Such approval may be
granted at any public meeting of the Board called for this purpose. The Town Engineer shall
report any modifications approved by him to the Planning Board at its next regularly scheduled
® meeting.
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ARTICLE III
INTERPRETATIONS AND DEFINITIONS
Section 18. References,
10 References herein to articles, sections, subsections, and paragraphs are to those parts of these
regulations, unless context indicates otherwise.
Section 19. Construction,
1. For the purposes of these regulations, the language set forth shall be interpreted according to the
following rules of construction:
a) The singular includes the plural.
b) The plural includes the singular.
C) The word "shall" means the action is mandatory.
d) The words "may" or "should" means the action is elective.
e) The word "she" includes "he"
Section 20. Terms,
Ally A private thoroughfare less than twenty (20)
feet in width.
Attached
Dwelling Units Two or more dwelling units which share common structural building elements
and are constructed on the same building lot.
Basement A s{efey story partly underground but having a at least one -half of its height
above the average level of the adjoining ground. A basement, or cellar shall be
counted as a stefey story for the purposes of height regulation.
Block A parcel of land partially or entirely surrounded by public highways, streams,
railroad rights -of -way, parks or a combination thereof, which has been
subdivided into lots.
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Board The Planning Board of the Town of Ithaca.
Buffer Area An area bordering the lot lines of the property on which a clustered subdivision
is to be built, within which there shall be no permanent structures. A parking
lot shall be considered a permanent structure for the purposes of these
regulations.
Building
Inspector The duly designated building inspector or the Town of Ithaca or the consultant
employed for that purpose.
Building Height. The distance from the ie p .:fj..,t afad surface of the lowest level (floor
of a crawl space, basement floor, slab, or other floor, even if below exterior
grade level) in contact with the ;round surface to the highest point of the roof,
excluding chimneys, antennae g4Mifr;FedS, ih9Q or other similar appefidagses
protuberances.
Building Lot See "Lot"
Cellar A stefey story partly underground but having at least one -halt of its
height abeloo below the average level of the adjoining ground. A basement or
cellar shall be counted as a spy story for the purposes of height regulation.
Cluster A development of residential dwelling units on lots which may be smaller than
permitted within the existing zone, but where the number of dwelling units shall
in no case exceed the number which could be permitted, in the Planning Board's
judgment, if the land were subdivided into lots conforming to the minimum lot
size and density requirements of the Zoning Ordinance applicable to the district
or districts in which such land is situated and conforming to all other applicable
requirements.
Community Center A structure built within a clustered subdivision which may have recreational or
public meeting facilities, and is to be used primarily by the residents of the
clustered subdivision and their guests.
Comprehensive
Plan
A plan prepared by the Planning Board pursuant to Section 272a of the Town
Law which indicates the general locations recommended for various functional
classes of public works, places
development of the Town. In the
a single document, but includes
subdivision regulations, highway
zoning designation map, consulta
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and structures and for the general physical
Town of Ithaca, the Comprehensive Plan is not
such diverse elements as: zoning ordinance,
map, water and sewer master plans, official
nt reports, and duly adopted ordinances, laws,
subregs. rev, wp51 I ith I locallaw, , 02125193 4:11 pm
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resolutions, rules and — Feulafiefts regulations that specifically address future
Town needs. Also known as "Master Plan ".
Cul-de-sac A street having one end open to traffic and the other end permanently terminated
by a vehicular turnaround.
Deadend Street A street, similar to a cul-de -sac, but providing no turnaround at its closed end.
Detached
Dwelling Units Dwelling units which share no common structural building elements and are
constructed on separate building lots.
Driveway A portion of a lot or a right -of -way less than 20 feet wide providing access to
buildings or other structures on one or more lots.
Dwelling Unit A building, or portion of a building, providing complete living facilities including
food preparation area and bath.
Easement A rant by the property owner to the public, a corporation, or a certain person
or persons of the use of a strip of land for a specific purpose.
Engineer The Town Engineer of the Town of Ithaca.
Tina! Plat The map or plan prepared in accordance with these regulations which is signed
by the chairman of Planning Board and filed in the office of the County Clerk
following final subdivision approval.
Gross Area The amount of land in a subdivision before roads, rights -of -way, parks, and
permanent open space are deducted.
Highway See "street".
Improvements All requirements of these regulations which cause a physical change to be made
to the site and which are reasonably related to the preservation of the health,
safety, and welfare of community. Such improvements may include, but are not
limited to: all public utilities, roads, sidewalks, landscaping and buffering,
lighting, parkland and recreation equipment, and monuments.
Lot A parcel of land or volume of space.
Lot Area The deed description of a lot with the exception of any portion of a public
highway right -of - -way.
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Lot Line
Master Plan
Multi=Ejff:gy Stork
Dwelling Units
The property boundary of a lot.
Sze "Comprehensive Plan"
Dwellin; units which are built one above another in a single structure with two
or more s stories. The separate building lots for the second and higher
dwelling units shall be indicated by three - dimensional descriptions on the sub-
division plat. This term includes both dwelling units which are constructed
above each other and also those where some proportion of the higher dwelling
unit or units are constructed adjacent to, as well as above, the lower dwelling
unit or units.
Official Man The map established by the Town Board pursuant to Section 2'70 of the Town
Law, showing streets, highways, and other public proposals theretofore laid out,
adopted, and established by law as well as any amendments adopted by the Town
Board or additions thereto resulting from approval of subdivision plats by the
Planning :Board and the subsequent filing of these approved plats. Also known
as the Official Zonin; Designation Map.
Planning Board The Planning Board of the Town of Ithaca.
Plat The map, plan, drawing or chart on which a subdivider's plan of subdivision is
presented to the Planning Board for approval; the Final Plat, if approved, will
be submitted to the County Clerk or registrar for recording.
Pri ar
Thoroughfare A highway that provides for fast or heavy traffic of considerable continuity and
that is or will be used primarily as a traffic artery for interconnection between
areas of concentration. This includes, but is not limited to, federal, state and
county highways and shall include those streets designated as Primary Thor-
oughfares on the Highwav Master Plan, if such exists.
Resubdivision A change in the Map of an approved or recorded subdivision if such change
affects highway layout shown on such map, or areas reserved for public use, or
any change of a lot line. Resubdivision is included in the word "subdivision" in
these regulations.
Semi - Detached
Dwelling Units
Dwelling,
units which
share
common °*Fdet: fa1bt
14if
g structural building
elements
but which are
built
on separate building lots.
New York State Environmental Quality Review Act.
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Set Back
Line A line on a plat usually parallel to
and the street line no building or
Sketch Plait A sketch of the proposed subdiv
streets, lots, or other features that
subdividerfor informal discussion
be based,
the center line of the street between which line
structure may be erected,
ision showing the proposed general layout of
may be submitted to the Planning Board by the
and review, on which the Preliminary Plat will
? Story The vertical space between a floor and ceiling which in no instance shall
be less than the minimum vertical distance required by any officially
adopted fire or building code in the State of New York. For the
purposes of these regulations, multi -level structures or dwelling, units
shall be defined as having more than one spy story for the purposes
of height regulation if the minimum vertical distance between any floor
and the next highest floor anywhere in the structure or dwelling unit
exceeds six (6) feet.
Street Aright -of -way at least 20 feet wide, dedicated to public use, or a private
right -of -way not less than 20 feet in width serving, more than one ownership, for
a primary access to adjacent lands or subject to public easements, and whether
designated as a highway, thruway, road, avenue, boulevard, lane, drive, place,
circle or however otherwise designated.
Street
Pavement The surface of the roadway prepared in the manner specified by Town of Ithaca
Highway specifications.
Street Width The width of the right -of - -way, measured at right angles to the center line of the
street.
Subdivider Any person, firm, partnership, association, corporation, estate, trust, or another
group or combination acting as a unit, undertaking the dividing of land so as to
constitute a subdivision as defined herein. This definition includes any agent of
the subdivider.
Subdivision a) The division of any parcel of land into two or more lots, plots, sites or
other divisions of land, for immediate or future use, sale, or transfer.
b) Development in such a way as to create one or more new streets.
C) Conventional: a subdivision which creates lots meeting all minimum lot
size requirements in which no provision is made for common ownership
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of undivided open space in the subdivision.
d) C'luster: a subdivision in which lots are smaller than the minimum size
required by ordinance and in which the remaining area is maintained as
permanent open space.
This term includes the creation of, and all changes in, highway and lot
lines, whether or not new building or development is to occur. Lots
over five acres to be used solely for agricultural purposes are exempted
from this definition. This term includes resubdivision and, when
appropriate to the context, shall relate either to the process of sub-
dividing or to the land subdivided.
Surveyor A person licensed as a land surveyor by the State of New York,
Town Engineer The duly designated engineer of the Town of Ithaca or the engineering consultant
employed by the Town.
Town Planner The duly designated planner for the Town of Ithaca, or the planning consultant
employed by the Town.
40 Zoning MaR The map :included as part of the Zoning Ordinance that desig-
nates land use districts.
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ARTICLE IV
icZ3txvA i 1UN Kh QUIREMENTS AND SUBDIVISION DESIGN STANDARDS
Section 21. Reservation of Land for Public Facilities.
1. Whenever a subdivider proposes to subdivide land which includes, or appears to include, all or
part of the proposed site for a public facility, the Planning Board shall submit the plat to the
public body responsible for acquiring the land for the site before approving the preliminary plat
of the subdivision. If this public body determines that the site for the public facility or public
utility should be located within the boundaries of the proposed subdivision, then the Planning
Board may require the subdivider to reserve land for public acquisition and shall designate the
boundaries of said land. Such reservation shall be for a period determined by the Planning
Board. Upon receipt of a preliminary plat where a site for a public facility may be involved, the
Planning Board shall transmit a copy of the plat to the public body responsible for the acquisition
of the site.
2. No dedication by the subdivider for an easement or a highway or other public use shall be shown
on a plat unless the Town Board determines to accept such dedication. When a subdivision is
traversed by a water course, drainage way, channel, stream, or creek, the subdivider may be
required to provide a storm water easement or drainage right -of -way of sufficient width for such
purpose and its maintenance, wherever the Planning Board finds such easement desirable.
3. Where alleys are not provided or may not be used for that purpose, easements not less than 5 feet
in width shall be provided, preferably at the rear of each lot, for poles, wires, conduits, storm
sewers, sanitary sewers, aas lines, water mains and lines, and other utility purposes as required.
In no case shall the combined widths of the easements on both sides of a rear lot line be less than
10 feet. Additional easements shall be provided where required by the Planning Board.
Section 22. Reservations of Parks and Recreational Land,
1. The Planning Board may require that land be reserved within subdivisions for parks, playgrounds,
and other recreational purposes. The amount of land to be so reserved is normally in the amount
of ten (10) percent of the gross area of the subdivision. The area shall be shown and marked on
the final plat "Reserved for Park and /or Playground Purposes." However, where the Planning
Board determines that a suitable park or parks of adequate size cannot be properly located in a
subdivision, or where such a reservation is otherwise not appropriate or practical, the Board may
require, as condition to approval of any such plat, a payment to the Town of Ithaca in lieu of land
reservation.
Z. Each reservation shall be of suitable size, dimension, topography, and general character and shall
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have adequate road access for the particular purposes envisioned by the Planning Board. In
general, land reserved for recreation purposes shall have an area of at least two (2) acres. The
Board may require that the recreation area be located at a suitable place on the edge of the
subdivision so that additional land may be added at such time as the adjacent land is subdivided.
The subdivider may dedicate all such recreation areas to the Town.
3. Land reserved for use as playgrounds or playfields shall be of a character and location suitable
for such use. This land shall be relatively level and dry and shall be improved by the subdivider
to the standards required by the Planning Board. A recreation site should have a total frontage
on one or more streets of a least two hundred (200) feet, and no other dimension of the site
should be less than two hundred (200) feet in depth.
4. The provisions of this section are minimum standards. None of the paragraphs above shall be
constructed as prohibiting a subdivider from reserving other land for recreation purposes in
addition to the requirements of this section.
Section 23. Highway Improvements.
16 All roadways shall be paved and all road signs installed according to the Town of Ithaca Highway
® Specifications, copies of which are available in the office of the Town Engineer. The subdivider
shall improve or agree to improve all highways, alleys, and other ways to provide drainage
improvements, all in such manner as is necessary for the general use of lot owners in the
subdivision and to meet local traffic and drainage needs.
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2. The arrangement of streets in the subdivision shall provide for the continuation of the principal
streets in adjoining subdivisions or for their proper projection when adjoining property is not
subdivided, and shall be of a width at least as great as that of existing connecting streets or the
minimum highway widths established here. As a general rule the right -0f - -way of streets shall
not be less than sixty (60) feet. The street arrangement must provide for reasonable access from
adjoining property that has not been subdivided.
3. Street names shall be shown; they shall provide for continuation uation of the names of existing streets
wherever appropriate; they shall not duplicate the names of highways elsewhere in Tompkins
County. Highway names shall be subject to the approval of the Planning Board. House numbers
shall be assigned by the Town Engineer.
4. Alleys shall be provided along the rear lines of lots intended for commercial or industrial use,
except in the case of developments such as shopping centers and industrial parks where access
to individual establishments will be over common space on the lot. Alleys shall not be provided
for lots intended for residential use, unless the subdivider produces evidence satisfactory to the
Planning Board of the tote need therefor.
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5. The right -of -way of an alley serving commercial or industrial properties shall be 20 feet, and that
of one serving residential properties shall be 20 feet. Alley intersections and sharp changes in
alignment shall be avoided, but where necessary, corners shall be rounded at a twenty-foot radius
or cut off -with an equivalent chord. Dead -end alleys shall be avoided wherever possible, but if
unavoidable, shall be provided with adequate turnaround or backaround facilities, as determined
by the Planning Board.
6. Highway grading and paving shall be required for all highways to be opened by dedication in the
subdivision, but where a frontage road is provided, the improvement requirement shall apply only
to such frontage road and not to the through portion of the highway. In addition, highway
grading and paving shall be required for all highways to be dedicated for frontage roads,
including those abutting or adjacent to existing highways.
7. There shall be a minimum of 600 feet between intersections on primary thoroughfares. Street
jogs shall be avoided. There shall be a minimum of 300 feet between the center lines of highway
intersections. Highway intersections shall be at right angles as nearly as possible, and no
intersections shall be at an angle less than 70 degrees. Detailed designs of intersections may be
required. Curb radii at intersections shall not be less than 20 feet and property lines shall be
adjusted accordingly. Side lines of lots, insofar as practicable, shall be at right angles or radial
to street lines.
8, For thoroughfares having a right -of -way width of more than 60 feet, longitudinal profile grades
shall be connected by vertical curves of a minimum length equivalent to 20 times the algebraic
difference between the rates of grade, expressed in feet per hundred. For all other thoroughfares,
the vertical curves shall be equivalent to ten times such difference. At any point, the minimum
sight distance shall be 350 feet.
90 Where provided, a street with a cul-de -sac shall not exceed 1000 feet in length and shall be
terminated in a turnaround having a property line radius of not less than 50 feet. Where a dead
end street is dedicated for the purpose of providing future access to adjacent property, its length
shall not exceed 1000 feet. Where any lot has its principal access on such street, the street shall
be terminated in a turnaround or background acceptable to the Town Engineer.
19:The 10. The minimum right -of -way width shall be 60 feet. Additional rights -of - -way may be
specified where deep cuts or fills will be encountered. Where a thoroughfare is
designated in the Comprehensive Plan as having fully or partially controlled access, and
the subdivider elects to provide a frontage road rather than back or side lots on the
thoroughfare, full right -of -way shall be dedicated for the frontage road.
Where any highway deflects at an angle of ten degrees of more, the minimum radii of center line
curvatures and the minimum lengths of reverse curves shall be as follows, where not specified
in the Comprehensive Plan:
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TYPE OF HIGHWAY
RADIUS (MIN)
TANGENT (MIN)
ramp 100 100
cul-de -sac 50 100
other local streets 140 100
highway 270 ,W
12. Where a subdivision contains or abuts a thoroughfare designated as having fully
controlled access or partially controlled access in the Comprehensive Plan, the plat shall provide
for such control for the purpose of reducing traffic hazards by eliminating conflict between local
traffic entering and leaving driveways and through traffic. Where a plat includes lots which
directly abut such a thoroughfare, rather than a frontage, the Planning Board may require the
subdivider, by sufficient instrument, to relinquish right of access to the thoroughfare from such
lots.
13. The roads in the subdivision shall have no more than the maximum gradients specified in
the Town's Highway Specifications, as amended from time to time.
Section 24. Blocks and Lots
10 Each normal block shall be planned to provide two rows of lots, but irregularly shaped blocks
indented by cul-de -sac streets will be acceptable when properly designed with an adequate
turnaround. The lengths, widths, and shapes of blocks shall be determined with due regard to
the provision of building sites suitable to the special needs of the type of uses contemplated,
zoning requirements as to lot sizes and dimensions, need for convenient access, circulation,
control and safety of highway traffic, solar access and the limitations and opportunities of topo-
aPhY
2. Residential blocks shall not be more than 1,500 feet in length, except as the Planning Board
determines necessary to secure efficient use of land or to achieve desired features of the highway
system; measurement of block length shall be between property lines. In any block over 700 feet
long, the Planning Board may require the subdivider to dedicate and construct a public walkway
transversely across the block. Such walkway shall have a minimum right -of- -way of 20 feet, of
which at least 8 feet shall be paved. Residential blocks shall be wide enough to provide two tiers
of lots of minimum depth, except where permitted in Section 23.
3. The area, width, depth, and orientation of lots shall be appropriate for the location of the
subdivision and for the type of development permitted by the Zoning Ordinance or contemplated
in the Comprehensive Plan. Except for areas which have been previously platted as small lots,
minimum lot areas and dimensions shall be as established in the Zoning Ordinance, including the
approved plans of the planned development districts. In areas which at the effective date of these
regulations were platted and a map of which has been recorded in the office of the County Clerk
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with lots having areas or widths less than those required by the Zoning Ordinance, the Planning
Board may permit the platting or replatting of lots conforming generally in area and width to
existing lots in the immediate vicinity, but the areas shall not be reduced below 6,000 square feet
or the widths below 50 feet.
4• Where any lot is proposed to be served by an individual sewage disposal system, the minimum
dimensions of each lot shall be determined by the Health Department. The Health Department
may require the subdivider to provide acceptable percolation tests for lots to be served by
individual sewage disposal systems, except that no such lot shall have an area of less than 30,000
square feet.
50 Corner lots shall be increased in size whenever necessary so as to provide that any structure to
be placed thereon shall conform to the provisions of the Zoning Ordinance. Lots which are
sufficiently large to make possible replatting in the future shall be of such shape to facilitate
replatting. Side lot lines shall be substantially at right angles or radial to street lines. Where a
building setback line is shown on a plat, it shall not be in front of any building setback line
established by ordinance.
Section 25. Solar Access
14 The Planning Board may require subdivisions to be platted so as to preserve or enhance solar
access for either passive or active systems, consistent with the other requirements of these
regulations. Improvement of solar orientation may be a sufficient consideration, in the judgment
of the Planning Board, to warrant site plan modifications.
Section 26. Storm Drainage
10 All land development shall be related to the surrounding drainage pattern, with provisions made
for proper storm drainage facilities. All drainage improvements must be acceptable to the Town
Engineer. Minimum runoff shall be determined by the Rational Method or an equivalent formula
with conventional runoff factors, using as a minimum a rainfall rate of .5 inches per hour. In
all instances, provisions shall be made for adequate storm drainage and drainage structures to
prevent water from standing on any portion of deadend streets or cul-de -sacs.
2. Diversion of storm flow shall be avoided, wherever possible. If storm water is to be diverted
from its natural course, the constructions plans shall include:
t�- a) A sketch showing the existing waterway and the location of the proposed channel change;
& b) Profile of existing water course;
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C- e) Provisions for the prevention of soil erosion and silting, such as sodding and paving,
in open water courses.
3e Where an-underground drainage system is installed, emergency surface drainage overflows shall
be provided to prevent possible flooding in the event of failure of the underground drainage
system.
40 In developments with an average grade of seven percent or more, detention ponds, check dams
or other structures shall be provided to reduce the velocity of storm runoff. Riprapping shall be
required in areas designated by the Town Engineer.
Section 27. Water Supply and Sanitary Sewerage
10 When connections are to be made immediately to a community water system or public water
supply, water lines shall be installed to serve each lot in the subdivision prior to the application
for acceptance of the streets or rights -of -way. Where such connection to said system is not to
be made immediately, but is contemplated within five years, plans shall be prepared for future
installation of a water distribution system to serve each lot, and those parts of such system which
will be in the paved portion of streets and alleys shall be installed before the streets and alleys
are paved. Plans for water systems shall conform in all respects to the standards for the design
® of water systems of the New York State Department of Health and New York State Department
of Environmental Conservation and shall be subject to the approval of the Town Engineer, the
Southern Cayuga Lake Intermunicipal Water Commission, and the Tompkins County Health
Department.
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2. When connections are to be made immediately to a community disposal system or public sewer
system, sanitary sewers shall be installed to serve each lot in the subdivision prior to the
application for acceptance of streets or rights- of -wa-v. Where such connection to said system is
not to be made immediately, but is contemplated within five years, plans shall be prepared for
future development and installation of a sewerage system to serve each lot, and those parts of
such system which will be in the paved portion of streets and alleys shall be installed before the
streets or alleys are paved. Plans for sewer systems shall conform in all respect to the standards
for the design of sanitary sewer facilities of the New York State Department of Health and New
York State Department of Environmental Conservation and be subject to the approval of the
Town Engineer and the Tompkins County Health Department.
Section 28. Survey Monuments
16 Concrete monuments, the specifications of which are hereinafter set forth, shall be set in each
subdivision. At least two reference ties shall be established in the most permanent manner
possible, to the exterior corners of the lot finally platted. The markers and ties shall be shown
on each final plat of all subdivisions. The monuments shall be placed normally on block corners
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E
or points of curve and shall be no more than 1,000 feet apart.
2e The monuments shall be constructed of reinforced concrete (3000 psi in 28 days) and have no
fewer tham two no. 3 deformed bars in them, evenly spaced. The monuments shall be six inches
in diameter and 36 inches in length. Each monument shall have a cross case in the top center
or a copper rod extending 14 inch above the concrete. All such monuments may be precast or
cast in the hole. It shall be the responsibility of the developer to maintain the monuments on all
unsold lots.
Section 29. Underground Wires and Cables
1. Wires and cables providing local utility and similar services (including but not limited to, electric,
telephone, cable television, and street lighting) in residential subdivisions shall be placed
underground.
Section 30. Phased Developments
10 In large, phased developments, a sequential installation of utilities and improvements shall be
made in accordance with an agreement satisfactory to the Town Planner, Town Engineer and
Town Attorney. The phasing agreement shall provide for the maintenance of existing roads and
utilities.
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ARTICLE V
RULES AND REGULATIONS FOR CLUSTERED SUBDIVISIONS
Section 31. Minimum Gross Area
L The minimum gross area for anv clustered subdivision proposal shall be five acres. Clustered
subdivisions are permitted only in any residential district of the Town of Ithaca. Agricultural
lands must first be rezoned to a residential designation before a clustered subdivision plan may
be brought before the Planning Board for review. The Planning Board may not require a
subdivider to prepare a cluster plan for lands in an Residence District R9.
2. The area of the subdivision required to be reserved by the developer for open space shall not be
more than ten percent of the gross area, and shall contain in any event a parcel with an open area
of at least 10,000 square feet.
3e At the time of preliminary approval, it shall be determined whether or not the subdivision to be
considered shall be a cluster design. When the subdivider presents to the Planning Board a
traditional subdivision plan, the Planning Board may approve a preliminary plat for a given
® number of units, contingent upon all or part of those units being clustered in a final plat
acceptable to the Planning Board.
4e When the subdivider proposes to develop a portion of the property as a traditional subdivision
and a portion as a clustered subdivision, the Planning Board may approve, modify and approve,
or disapprove the proportions of the project and locations which shall be developed traditionally
or being clustered.
5. In the event the Planning Board approves a traditional subdivision plan at the preliminary
subdivision hearing, the subdivider shall have the option of submitting a cluster plan prior to final
plat approval. In this case, the Planning Board shall schedule a public hearing prior to final
subdivision approval in order to consider the cluster proposal.
Section 32. Number of Dwelling Units Permitted
L The number of dwelling units permitted in a clustered residential subdivision may in no case
exceed the number otherwise permitted, in the Planning Board's judgment, by the applicable
sections of the Town of Ithaca Zoning Ordinance. The Planning Board may restrict the
subdivider to a lesser number of dwelling units if, in the Planning Board's judgment, particular
conditions of the site warrant such restriction. Notwithstanding the foregoing, the density of
dwelling units in a clustered development shall not exceed 3.5 dwelling units per gross acre in
Resideftee r istr -i is R ` a ' a Residence District R15 or 2.3 dwelling units per gross acre in
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a Residence District R30.
IC
2* To determine the number of dwelling units permitted to be clustered pursuant to Section 281, the
Planning Board may require the subdivider, as part of the sketch plat review process, to prepare
a conventional subdivision plat which meets all standards of the Zoning Ordinance, subdivision
regulations, and Town of Ithaca highway and open space regulations.
3. The Planning Board may exclude areas from the sketch plat which, in its opinion, are unsuitable
for construction of the proposed housing because of excessive slopes, poor drainage, or other
considerations which may be injurious to the health, safety, and welfare of the community.
4• Considerations which the Plannnina Board may use in order to limit the number of dwelling units
or lots which may be developed in any clustered subdivision include but are not limited to:
a) will such a development be substantially and materially injurious to the ownership, use
and enjoyment of other property in the vicinity or neighborhood;
b) will such a development impede the orderly development of land in the vicinity or
neighborhood, and will such use be appropriate in appearance and in harmony with the
existing or intended character of such land in the vicinity or neighborhood;
C) will the street system and off - street parking facilities handle the expected traffic in a safe
and efficient manner and not place an undue burden on existing roads,
d) will the natural surface drainageways continue to work effectively;
e) are water and sewerage or waste disposal facilities adequate;
f) is the environmental quality of the proposal, in terms of site planning, design, and
landscaping, compatible with the character of the neighborhood;
g) are lot area, access, parking, and loading facilities sufficient for the proposed activities;
h) what effect will the density of such clustered con struction and use have on the
appearance and maintenance of open spaces in a neighborhood.
7. The number of units allowed in any clustered subdivision shall not exceed the number determined
by the Planning Board as shown on the sketch plat. The Planning Board may allow the
subdivider to cluster the permitted number of dwell ing units in detached, semi-detached, attached,
or multi- s;efey story structures.
6e No more than six semi - detached, attached, or multi steFe story dwelling units shall be permitted
to be clustered in any one structure, nor shall that structure be more than three ster-eys stories
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high, including the basement or cellar. Distances between structures in the clustered subdivision
shall be no less than thirty (30) feet. No building shall be more than three steFey stories. In any
event, no building shall be more than thirtyFA four (34) feet in height.
Section 33. Buffer Zone Requirement
10 Buffer zones shall be at least thirty (30) feet wide between the buildings in a clustered subdivision
and the boundary of adjacent property in residential, public use, and agricultural zoning districts,
and at least twenty (20) feet wide between the buildings in a clustered subdivision and the
boundary of adjacent property in commercial, industrial, or other zoning districts. Parkland
deeded to the Town of Ithaca pursuant to these subdivision regulations shall be provided with a
separation from the nearest building of at least twenty (20) feet. The Planning Board may require
a buffer at least forty (40) feet wide between the edge of the pavement of any public road in a
clustered subdivision and any adjoining property. Notwithstanding the foregoing, the Planning
Board may require a buffer of at least one hundred and twenty five (125) feet between a
community center and the boundary of adjacent properties in any zoning district. The Planning
Board may also, at its discretion, require the subdivider to provide adequate landscaping within
the buffer area. Parking shall be forbidden in the buffer area.
® Section 34. Regulation of Exterior Characteristics
0
is The Planning Board may, in the course of subdivision plat review, regulate the exterior
characteristics of any proposed structures or uses in order that the development shall be, in the
judgment of the Planning Board, compatible with the surrounding community. Factors which
may be considered in this judgment include, but are not limited to:
A4 a) the view to be afforded present owners of private property, or legal users of public
property, in the vicinity of the proposed clustered subdivision after construction of the
project;
E� b) the description and nature, including size, shape, color of materials to be used in the pro-
posed structures and other areas,
C4 c) ambient noise incidental to the normal activity in the project, as presented, or
extraordinary noise incidental to the construction of the project;
13) d) the phasing plan proposed by the subdivider, if the development is to be built in stages;
2. All chimneys, lightning rods, radio and television antennae, passive or active solar collectors, or
other similar appendages or structures or facilities which may be permitted in the clustered
subdivision shall be detailed in the subdivision plat, map or other documents. These details shall
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C
be noted in the conditions of final approval and must be made available to all prospective buyers
of property in the subdivision. The Planning Board may require a subdivider to provide a master
antennae or provide cable television service for the development if, in the Board's opinion, the
location of the proposed development would make the use of separate antennae by individual
homeowners unsightly or impractical.
Section 35. Restriction of Unrelated Persons
1• As a condition of approval of a clustered subdivision plan, the Planning Board may restrict or
require the restriction of the number of unrelated persons who may be allowed to live in any
dwelling unit or in the clustered development as a whole to a number less than that permitted by
the Zoning Ordinance, irrespective of any subsequent revisions. These restrictions may be made
conditions of preliminary or final approval or placed on the subdivision plat or included in the
approval of any homeowners' agreements, covenants and bylaws, open space agreements, and /or
similar documents subject to the final approval of the Town Board. No Certificate of Occupancy
or Compliance shall be issued for any building or dwelling unit in a clustered subdivision unless
the Building Inspector has received written assurance that the owner understands that he must
abide by the terms and conditions regulating the number of unrelated persons permitted to live
in the dwelling unit.
J
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ARTICLE VI
PRELIMINARY AND FINAL SUBDIVTSION PLAT REOUTREMENTS
Section 36. Preliminary Plat Checklist
1. A preliminary plat with the following information must be filed in the office of the Town
E raifieef ae iteast ten ""' Planner or Town Planner's designee at least twenty (20) business
days prior to the Planning Board meeting at which time preliminary approval is requested.
Four dark -line prints of improvement plans and information if improvements are required.
Four dark -line prints of the proposed plat.
Fully completed Environmental Assessment Forms, with comments from the Town Engineer or
Town Planner indicating whether the proposed subdivision is a Type I, Type II, or Unlisted
action and indicating a recommendation for negative or positive declaration of environmental
impacts.
® General layout, including lot lines with dimensions; block and lot numbers; highway and alley
lines, with 60 feet wide highway rights -of -way; areas to be reserved for use in common by resi-
dents of the subdivision; sites for nonresidential, non - public uses; easements for utilities, drain-
age, or other purposes; and building setback lines, with dimensions.
9
General layout of the proposed highways, blocks, and lots within the proposed subdivision.
Tentative highway names.
Key map, when more than one sheet is required to present plat.
Contour intervals, to USGS datum, of not more than two feet when the slope is less than four
per cent and not more than five feet when the slope is greater than four per cent.
Cultural features within and immediately adjacent to the proposed subdivision, including platted
lots, highway improvements, bridges, culverts, utility lines, pipelines, power transmission lines,
other significant structures, parks, wetlands, critical environmental areas, and other significant
features.
Date of Plat.
Direction of flow of all water courses. Drainage area above point of entry for each water course
entering or abutting the tract.
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Location and description of all section line corners and government survey monuments in or near
the subdivision, to at least one of which the subdivision shall be referenced by true courses and
distances. -
Location, name, and dimensions of each existing highway and alley and each utility, drainage,
or similar easement within, abutting, or in the immediate vicinity of the proposed subdivision.
Map Scale (1 " =50' or 1" =100') and north point.
Name of planner, architect, engineer, land survevor, landscape architect, or other person who
prepared the sketch plat or preliminary plat.
Name of subdivision, which shall not duplicate the name of any other subdivision in the county.
Name of town, county, and state.
Name(s) and address(es) of the owner(s).
Name(s) and address(es) of the subdivider(s), if the subdivider(s) is(are) not the owner(s).
Names and addresses of owners of all parcels abutting the proposed subdivision.
Names of recorded subdivisions abutting the proposed subdivision.
Natural features within and immediately adjacent to the proposed subdivision, including drainage
channels, bodies of water, wooded areas, and other significant features. Identification of areas
subject to flooding as indicated on HUD Flood Boundary Maps, Wetlands Maps.
Restrictive covenants, if any.
Vicinity Map showing the general location of the property, 1" =1000' or 1 "= 2000'.
Width at building line of lots located on a curve or having non - parallel side lines, when required
by the Planning Board.
I�
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Section 37. Form of Final Plat
10 A final plat with the following information must be filed in the office of the Town r���
least tea (19) Planner or Town Planner's designee at least twenty (?0) business days prior to
the Planning Board meeting at which time final approval is requested.
Four dark -line prints of the proposed plat.
Fully completed Environmental Assessment Forms, with comments from the Town Engineer or
Town Planner indicating whether the proposed subdivision is a Type I. Type II, or Unlisted
action and indicating a recommendation for negative or positive declaration of environmental
impacts.
Highway and alley boundary or right -of -way lines, showing boundary, right -of -way or easement
width and any other information needed for locating such lines; purposes of easements.
Highway center lines, showing angles of deflection, angles of intersection, radii, lengths of
tangents and arcs, and degree of curvature, with basis of curve data. Lengths and distances shall
be to the nearest one hundredth foot. Angles shall be to the nearest half minute.
0 . Highway names.
Eli,
Key map, when more than one sheet is required to present plat.
Accurate locations and descriptions of all subdivision monuments.
Accurate outlines and descriptions of any areas to be dedicated or reserved for public use or
acquisition, with the purposes indicated thereon; any areas to be reserved by deed covenant for
common uses of all property owners in the subdivision.
Border lines bounding the sheet, one inch from the left edge and one half inch from each of the
other edges; all information, including all plat Iines, lettering, signatures, and seals, shall be
within the border lines.
Building setback lines with dimensions.
Date of Plat.
Exact boundary lines of the tract, indicated by a heavy line, giving dimensions to the nearest one
hundredth foot, angles to the nearest one -half minute, and at least one bearing; the traverse shall
be balanced and closed with an error of closure not to exceed one to two thousand; the type of
closure shall be noted.
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Location and description of all section line corners and government survey monuments in or near
the subdivision, to at least one of which the subdivision shall be referenced by true courses and
distances.
Location, name, and dimensions of each existing highway and. alley and each utility, drainage,
or similar easement within, abutting, or in the immediate vicinity of the proposed subdivision.
Location of the property by legal description, including areas in acres or square feet. Source of
title, including deed record book and page numbers.
Lot lines, fully dimensioned, with lengths to the nearest one - hundredth foot and angles or
bearings to the nearest one -half minute.
Map Scale (1 " =50' or 1"= 10W) and north point.
Mortgagor's certificate: certificate signed and sealed by the mortgagor(s), if any, to the effect that
he consents to the plat and the dedications and restrictions shown on or referred to on the plat.
Name of subdivision, which shall not duplicate the name of any other subdivision in the county.
Name of town, county, and state.
Name(s) and address(es) of the owner(s).
Name(s) and address(es) of the subdivider(s), if the subdivider(s) is (are) not the owner(s).
Name and seal of the registered land surveyor or engineer who prepared the topographic
information. Date of survey.
Name and seal of registered land surveyor who made the boundary survey. Date of the survey.
Names and addresses of owners of all parcels abutting the proposed subdivision.
Names of recorded subdivisions abutting the proposed subdivision.
Owner's certificate: a certificate signed by the owner(s) to the effect the he(they) owns the land,
that he has caused the land to be surveyed and divided, and that he makes the dedications indi-
cated on the plat.
Certification signed by the chairman or other designated official or agent of the Planning Board
to the effect that the plat was given preliminary approval by the Planning Board.
Reference on the plat to any separate instruments, including restrictive covenants, which directly
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affect the land in the subdivision.
Surveyor's certificate: certificate signed and sealed by a registered land survevor to the effect that
(1) the plat represents a survey made by him, (2) the plat is a correct representation of all
exterior boundaries of the land surveyed and the subdivision of it, (3) all monuments indicated
on the plat actually exist and their location, size and material are correctly shown, and (4) the
requirements of these regulations and New York State laws relating to subdividing and surveying
have been complied with.
Tax and assessment certificate: a certificate signed by the county treasurer and other officials as
may be appropriate, to the effect that there are no unpaid taxes due on the land being subdivided
and payable at the time of plat approval and no unpaid special assessments, and that all outstand-
ing taxes and special assessments have been paid on all property dedicated to public use.
The blocks are numbered consecutively throughout the subdivision and the lots are numbered
consecutively throughout each block.
The original or mylar copy of the plat to be recorded and four dark -line prints, on one or more
sheets.
® Two copies of the County Health Department approval of the water supply and /or sewerage
system.
n
U
Vicinity Map showing the general location of the property, 1" =1000' or 1 "= 2000'.
Width at building line of lots located on a curve or having non - parallel side lines, when required
by the Planning Board.
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Section 38. Improvement Plans and Related Information
16 Where improvements are required for a proposed subdivision, the following documents shall be
submitted-to the Planning Board:
Detailed construction plans and specifications for water lines, including locations and descriptions
of mains, valves, hydrants, appurtenances, etc.
Detailed construction plans, profiles, and specifications for sanitary sewers and storm drainage
facilities, including locations and descriptions of pipes, manholes, lift stations, and other facilities.
Highway paving plans and specifications.
The estimated cost of:
a, grading and filling,
b. culverts, swales and other storm drainage facilities,
C, sanitary sewers,
d, water lines, valves, and fire hydrants,
e. paving, curbs, gutters, and sidewalks,
fe any other improvements required by these regulations,
The plan and profile of each proposed highway in the subdivision, with grade indicated, drawn
to a scale of one inch equals 50 feet horizontal, and one inch equals 5 feet vertical, on standard
plan and profile sheets. Profiles shall show accurately the profile of the highway or alley along
the highway center line and location of the sidewalks, if any.
C7
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34 No
tr
le, Ithaca Journal Thursday, February
TOWN OF ITHACA - ;_`
PLANNING BOARD if{
NOTICE OF ;
PUBLIC HEARINGS .;
TUES., MARCH 2, 1993 -:
B direction of the Chairman I
of the Planningg Board, NO-
TICE IS HEREBY GIVEN that
Public Hearings will be held l
by the Planning Board of the "'I
Town of Ithaca on Tuesday, ;
March 2, 1993, in Town : _ �
Hall, 126 East Seneca Street,
Ithaca, NY, at- the following
times and on the following .I
matters: 1.
7:35 P.M. Consideration of
Preliminary and Final Subdi-
vision Approval for the pro-
Posed subdivision of Town of
haca Tax Parcels No.
6- 59 -1.9 and 6- 59.1.10
0.10= and 0.14± acres total
respectively, to form two (2) .
new lots, located on Vine
Street backlot of Worth Street I
and Pearl Street (in the City
of Ithaca), Residence District
R -9 Steven B. and Lois S.
Willett, Owners, Jim Hi!ker,
Age nt.
7:50 PM Consideration of
Preliminary and Final Subdi-
vision Approval for the pro I
posed subdivision of Town of
haca Tax Parcel No.
6.28.1 -3.72, 115_ acres to
tol, into two (2) lots, 108±
acres and 7+ acres respec.
tively, located off Max's Drive
and backlot of Sheffield Road
and Mecklenburg Road, Ag-
ricultural District AG, Robert
Drake, Owner, Robert Beck,
Agent.
8:05 PM Consideration of J
proposed Amendments to the
Town of Ithaca Subdivision
Regulations.
Said Planning Board will at
said times and said place
hear all person in support of
such matters or objections
thereto. Persons may appear
I agent or in person.
Joan L. Hamilton
Town Clerk
February 25, 1993 273-1721
i,- 19913;. ;