HomeMy WebLinkAboutLL 07 of 2020 Amend Ch 234 Subdivision of Land for NNCTOWN OF ITHACA
215 N Tioga St, Ithaca, NY 14850
Phone: 607-273-1721 ® Fax: 607-273-5854
www.town.ithaca.ny.us
Town Clerk: Paulette Rosa
Deputy: Becky Jordan I&Lc[qLj@�jQy�11.J.1ta g,,n ,us
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Novernber 20, 2020
State Records Unit
Departrnent of State
One Commerce Plaza, 99 Washington Ave,
Albany, NY 1223 1
To Whom It May Concern,
Enclosed please find Town of Ithaca Local Laws 5, 6 and 7 for the year 2020:
5) A LOCAL LAW ADDING C[IAPTER 272 TO THE TOWN Of ITHACA CODE, Tll'LED
"NEW NEIGHBORHOOD CODE"
6) A LOCAL LAW ADDING NEW NEIGHBORHOOD CODE REFERENCES TO ITHACA
TOWN CODE CI-IAP`f'ER 270, ZONING
7) A LOCAL LAW ADDING NEW NEIGHBORHOOD CODE REFERENCES TO
iTFIACATOWN CODE CHAPTER 234, SUBDIVISION OF LAND
Please contactt, me if You have any questions.
Sincere
Paulette Rosa
Town Clerk
New York State Department of State
Division of Corporations, State Records and Uniform Commercial Code
One Commerce Plaza, 99 Washington Avenue
Local Law Filing Albany, NY 12231-0001
www.dos.statate.ny.uslcorps
(Use this forma 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 not use
italics or underlining to indicate new matter.
❑County ❑City ®Town ❑Village
(Select one:)
of Ithaca
Local Law No. 7 of the year 2020
A local law A LOCAL LAW ADDING NEW NEIGHBORHOOD CODE REFERENCES TO ITHACA
(insert Title)
TOWN CODE CHAPTER 234, SUBDIVISION OF LAND
Be it enacted by the Town Board of the
(Name of Leglslathm Body)
❑County ❑City ®Town ❑Village
(Select one:)
of Ithaca as follows:
See attached.
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS -0239-f-1 (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.)
I hereby certify that the local law annexed hereto, designated as local law No. 7 of 2020 of
the (County)(City)(Town)(Village) of Ithaca was duly passed by the
Town Board on November 9 20 20 , 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
(Name of Legislative Body)
(repassed after disapproval) by the
on
on
(Elective Chief Executive Officer*)
20 , and was (approved)(not approved)
20m, in accordance w ith the applicable provisions of law.
3. (Final adoption by referendum.)
hereby certify that the local law annexed hereto, designated as local law No.
the (County)(City)(Town)(Village) of
K11
(Name of Legislative Body)
(repassed after disapproval) by the
(Elective Chief Executive Officer*)
and was deemed duly adopted
of 20 of
was duly passed by the
20 , and was (approved)(not approved)
Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) 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
(Name of Legislative Body)
(repassed after disapproval) by the
DR
(Elective Chief Executive Officer`)
20 , and was (approved)(not approved)
on 20 . Such local
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.
DOS -0239 -f -I (Rev. 06/12) Page 3 of 4
5. (City local law concerning Charter revision proposed by petition.)
hereby certify that the local law annexed hereto, designated as local law No. 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 No. 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 followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the origin file in this office and that the same is a
correct transcript therefrom and of the whole of such original local law, arld a all adopted in the manner indicated in
paragraph ,above. ���
Clerk of the county legislative body, Citi, Town or Village Clerk or
officer designs ed by I I Iegislative body
Date: {. `/OV/
DOS -0239 -f -I (Rev. 06/12) Page 4 of 4
TOWN OF ITHACA
LOCAL LAW NO. 7 OF THE YEAR 2020
A LOCAL LAW ADDING NEW NEIGHBORHOOD CODE REFERENCES TO
ITHACA TOWN CODE CHAPTER 234, SUBDIVISION OF LAND
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. Chapter 234 of the Town of Ithaca Code ("Subdivision of Land"), Article I
("Introduction and Administration"), Section 234-2 ("Policy"), is amended by adding a new
Subsection F reading as follows:
"F. In a proposed or approved regulating plan area for traditional neighborhood
development (TND), the New Neighborhood Code applies additional and different
requirements for thoroughfare and street types and pattern, parks and preserves, lot
arrangement, and other aspects of (1) neighborhood design, (2) the public realm, and
(3) subdivision review and approval. (See §272-301 - §272-310, §272-403, §272-702.3,
§272-802, and §272-803. TND street construction and engineering standards and TND
stormwater design guidelines are in separate guides.)"
Section 2. Chapter 234 of the Town of Ithaca Code ("Subdivision of Land"), Article II
("General Procedures for Subdivision Review"), Section 234-16 ("Final subdivision review"), is
amended by adding a new Subsection D reading as follows:
"D. In a regulating plan area for traditional neighborhood development (TND), additional
and different requirements for final subdivision approval apply. (See §272-803.4.)"
Section 3. Chapter 234 of the Town of Ithaca Code ("Subdivision of Land"), Article IV
("Reservation Requirements and Subdivision Design Standards"), Section 234-21 ("Reservation
of land for public facilities"), is amended by adding a new Subsection D reading as follows:
"D. In a proposed or approved regulating plan area for traditional neighborhood
development (TND), additional and different requirements for land reservation and
dedication for public facilities, utilities, infrastructure, and easements apply. (See §272-
306 - §272-309. TND street construction and engineering standards and TND
stormwater design guidelines are in separate guides.)"
Section 4. Chapter 234 of the Town of Ithaca Code ("Subdivision of Land"), Article IV
("Reservation Requirements and Subdivision Design Standards"), Section 234-22 ("Reservations
of parks and recreational land"), is amended by adding a new Subsection H reading as follows:
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"H. In a proposed or approved regulating plan area for traditional neighborhood
development (TND), New Neighborhood Code requirements for park and preserve land
area, types, location, configuration, connectivity, access, programming, and ownership
apply. (See §272-308.) Payment in lieu of land reservation does not apply for traditional
neighborhood development, and is not a substitute for providing and improving parks
and preserves."
Section S. Chapter 234 of the Town of Ithaca Code ("Subdivision of Land"), Article IV
("Reservation Requirements and Subdivision Design Standards"), Section 234-23 ("Highway
improvements"), is amended by adding a new Subsection M reading as follows:
"M. In a proposed or approved regulating plan area for traditional neighborhood
development (TND), New Neighborhood Code requirements for arrangement of streets,
street types and elements, provision of alleys, and geometry apply. (See §272-306,
§272-307. TND street construction and engineering standards and TND stormwater
design guidelines are in separate guides.)"
Section 6. Chapter 234 of the Town of Ithaca Code ("Subdivision of Land"), Article IV
("Reservation Requirements and Subdivision Design Standards"), Section 234-24 ("Blocks and
lots"), is amended by adding a new Subsection F reading as follows:
"F. In a proposed or approved regulating plan area for traditional neighborhood
development (TND), New Neighborhood Code requirements for thoroughfare and block
pattern and lot siting apply. (See §272-306, §272-403.23.)"
Section 7. Chapter 234 of the Town of Ithaca Code ("Subdivision of Land"), Article IV
("Reservation Requirements and Subdivision Design Standards"), Section 234-27 ("Water supply
and sanitary sewerage"), is amended by adding a new Subsection C reading as follows:
"C. In a regulating plan area for traditional neighborhood development (TND), public water
and sanitary sewer infrastructure, along with infrastructure for other essential utilities
(see §272-309.1), must be complete before acceptance of streets or rights-of-way."
Section 8. Chapter 234 of the Town of Ithaca Code ("Subdivision of Land"), Article IV
("Reservation Requirements and Subdivision Design Standards"), Section 234-29
("Underground wires and cables"), is amended by labeling the existing paragraph as Subsection
A and adding a new Subsection B reading as follows:
"B. In a regulating plan area for traditional neighborhood development (TND), New
Neighborhood Code requirements for underground utilities apply. (See §272-309.2 A.)"
Section 9. Chapter 234 of the Town of Ithaca Code ("Subdivision of Land"), Article IV
("Reservation Requirements and Subdivision Design Standards"), Section 234-30 ("Phased
Adopted 2020-11-09 Pg. 2
developments"), is amended by labeling the existing paragraph as Subsection A and adding a
new Subsection B reading as follows:
"B. In a regulating plan area for traditional neighborhood development (TND), New
Neighborhood Code requirements for a subdivision phasing plan may apply. (See §272-
803.3 C.)"
Section 10. Chapter 234 of the Town of Ithaca Code ("Subdivision of Land"), Article VII
("Expiration of Subdivision Approval"), Section 234-39 ("Conditions; procedures"), is amended
by adding a new Subsection J reading as follows:
"J. In a regulating plan area for traditional neighborhood development (TND), New
Neighborhood Code rules for expiration of subdivision approval apply. (Preliminary plat:
§272-803.5 A, final plat: §272-803.5 B.)"
Section 11. Statement of Supersession. It is the intent of the Town Board, pursuant to
authority under section 10, subdivision 1(ii)(d)(3), and section 22 of the New York State
Municipal Home Rule Law, to supersede inconsistent provisions of the New York State Town
Law. In particular, it is the intent of the Town Board, pursuant to authority under sections 10
and 22 of the Municipal Home Rule Law, to supersede inconsistent provisions of the New York
State Town Law relating to subdivision application submissions, preliminary plat revocation,
parkland and uniformity. Without limitation, this local law hereby supersedes the following
provisions of the New York State Town Law:
A. Sections 276 and 277, relating to required subdivision application submissions, so
that this local law may require phasing plans and joint maintenance and access agreements
where appropriate.
B. Subsection 5(h) of section 276, relating to preliminary plat revocation, so that this
local law may impose preliminary plat expiration time limits and a Planning Board extension
process.
C. Subsection 4 of Section 277, relating to the process for requiring parkland and to the
ability to require payment of a sum of money in lieu of parkland.
D. Section 262, to the extent that the provisions of said section are inconsistent with
any provision in this local law.
Section 12. If any provision of this local law is found invalid by any court of competent
jurisdiction, such invalidity shall not affect any other provisions of this local law, which shall
remain in full force and effect.
Section 13. This local law shall take effect immediately upon filing with the New York
Secretary of State.
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