HomeMy WebLinkAboutLL 07 of 2019 Amend Ch 270 Site Plan Modification Criteria STATE OF NEW YORK
DEPARTMENT OF STATE
ONE COMMERCE PLAZA ANDREW M. CUOMO
GoveaeoR
99 WASHINGTON AVENUE
At.BANY,NY 12231-0001 ROSSANA ROSADO
WWW.DOS.NY.GOV SECRETARY Of STATE
September 17, 2019
Jasmin Cubero
Deputy Town Clerk
215 N Tioga St.
Ithaca NY 14850
RE: Town of Ithaca, Local Law 7 2019, filed on September 13 2019
Dear Sir/Madam:
The above referenced material was filed by this office as indicated. Additional
local law filing forms can be obtained from our website, www.dos.ny.gov.
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State Records and Law Bureau
(518) 473-2492
NEW YORK Department
STATE OE
OPPORTUNITY.. of State _
New York State Department of State
Division of Corporations, State Records and Uniform Commercial Code
One Commerce Plaza, 99 Washington Avenue
Albany, NY 12231-0001
Local Law Filin�g www,dos.state,ny..us/corps
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do incot use
italics or underlining to indicate new matter.
E]County Ex]Town []Village
(Select One)
of Ithaca
Local Law No. 7 of the year 2019
......................---.............................
Amending site plan modification provisions in Chapter 270, Zoning of the Ithaca Code
A local law
(Ansert Tifle)
.......------- ..............
Be it enacted by the Town Board of the
(Name of Legislative Body)
ElCounty ']City [�,]'Town �Vi!lla,ge
(Select 011ie)
of Ithaca as follows:
.....................
See attached.
................ .................
flif addiitionial space is, needed', attach pages the same size as this sheet, and number each.)
DOS-0239-f-il (Rev.06/12) Page 2 of:4
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
1 hereby certify that the local law annexed hereto, designated as local law No. 7 of 2019 of
the (County)(CityTown illage) of Ithaca was duly passed by the
Town Board on September 09 2019 , in accordance with the applicable
(Name of Legislative Body)
provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of was duly passed by the
on 2D , and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the and was deemed duly adopted
(Elective Chief Executive Officer)
on 20m, in accordance w ith the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the on 20
(Elective Chief Executive Officer)
Such local law was submitted to the people by reason of a (man datory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (genera l)(special)(annua1) election held on
20 , in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the on 20 . Such local
(Elective Chief Executive Officer*)
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 , in accordance with the applicable provisions of law.
"Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or,if there
be none,the chairperson of the county legislative body,the mayor of a city or village, or the supervisor of a town where such officer is
vested with the power to approve or veto local laws or ordinances.
❑OS-02394--1 (Rev.06112) Page 3 of 4
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law ...... .............._.................— of 20-- of
the City of ............. having been submitted to referendum pursuant to the provisions of section (36)(37) of
the Municipal Home Rule Law, and having received the affirmative vote of a majority, of the qualified electors of such city voting
thereon at the (special)(general) election held on 20 became operative,
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law of 20— of
the County of .................._State of New York, having been submitted to the electors at the General Election of
November 20—, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having
received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the
qualified electors of the towns of said county considered as a unit voting at said general election, became operative,
(if any other authorized form of final adoption has been folllowed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on 'file in this office and that the same is a
correct transcript therefrom and of the whole of such original local law, and wq�fjnally adopted in the manner indicated in
paragraph 1 above,
of �'to�
couh �w nVille Clerk or
ag
Clerk the body, Cit
office epi rat
�4�gislaliw
local iegislafive bob
;SeaO,-, Date OCC
DOS-023944 (Rev.06/12) Page 4 of 4
TOWN OF ITHACA
LOCAL LAW NO. 7 OF THE YEAR 2019
A LOCAL LAW AMENDING SITE PLAN MODIFICATION PROVISIONS IN
CHAPTER 270, ZONING, OF THE TOWN OF ITHACA CODE
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. Chapter 270 (Zoning), Article XXIII(Site Plan Review and Approval
Procedures) of the Town of Ithaca Code, Section 270-184, titled "Applicability," is amended by
deleting subsection D in its entirety, and re-lettering the remaining subsections as D through H.
Section 2. Chapter 270 (Zoning), Article XXIII(Site Plan Review and Approval
Procedures) of the Town of Ithaca Code, Section 270-191, titled "Modifications of site plans," is
deleted and replaced by a new Section 270-191 reading as follows:
"§270-191 Modifications of site plans.
A. A site plan that has received final site plan approval may be modified upon submission of
an application for such modification. The application must comply with the provisions of
this article. The procedures are the same as for an initial application for site plan
approval.
B. Planning Board approval of a modification is required if the modification involves or
includes any of the following:
(1) Enlarging the square footage of an existing or previously approved building by more
than 20% or 2,000 ft2 gross floor area, whichever is less. Enlargements that do not
meet this threshold remain subject to the determination in subparagraph 9 below;
(2) Adding five or more parking spaces;
(3) Construction, alteration, or renovation of the interior of a building involving a change
in use;
(4) Alteration of traffic flows and access, or a significant(in the judgment of the Director
of Planning) increase in the volume of traffic;
(5) A significant(in the judgment of the Director of Planning) change in the aesthetic
appearance of any structure or site plan element, including landscape and lighting
details, from the last approved site plan;
(6) A change in the impacts of the project on surrounding properties, such as an increase
in noise, stormwater runoff, light illumination, or obstructions to views;
Adopted 2019-09-09 Pg. 1
(7) Demolition, or a proposed demolition, of an existing previously approved building
with a footprint larger than 3000 sq. ft.;
(8) Violation of any express conditions (including, without limitation, buffer zones,
setbacks, and similar restrictions) last imposed by the Planning Board for site plan
approval; or
(9) A determination by the Director of Planning that a movement or shift of a location of
one or more structures laterally or vertically from the location or elevation shown on
the final site plan:
(a) materially affects the overall site layout or specific elements of the site, including
roads, traffic movements, sidewalks,parking areas, viewshed, drainage, and
buffer areas; or
(b) violates any express conditions (including, without limitation, buffer zones,
setbacks, etc.) imposed by the Planning Board for site plan approval.
C. Numerical criteria in Subsection B(1) and B(2) are an aggregate maximum [e.g., if a 700
ft2 addition is constructed on an existing 5,000 ft2 building without obtaining Planning
Board approval, construction of a second addition larger than 300 ftp would require
Planning Board approval of a modified site plan, and if three additional parking spaces
are constructed without obtaining Planning Board approval, construction of more than
two additional parking spaces would require Planning Board approval of a modified site
plan].
D. The fact that Planning Board approval is not required for some modifications shall not be
construed to allow:
(1) construction that violates any other provision of Town Code Chapter 270 (Zoning); or
(2) the requirement to obtain a building permit in those circumstances when otherwise
required by the terms of Town Code Chapter 270 (Zoning) or the New York State
Uniform Fire Prevention and Building Code."
Section 3. In the event that any portion of this law is declared invalid by a court of
competent jurisdiction, the validity of the remaining portions shall not be affected by such
declaration of invalidity.
Section 4. This local law shall take effect immediately upon its filing with the New York
Secretary of State.
Adopted 2019-09-09 Pg.2