Loading...
HomeMy WebLinkAboutLL 01 of 1995 SLUD EcoVillage LOCAL LAW NO. 1 FOR THE YEAR 1995 LOCAL LAW TO AMEND THE ZONING ORDINANCE TO PROVIDE A SPECIAL LAND USE DISTRICT (LIMITED MIX USE) FOR THE ECOVILLAGE CO-HOUSING COOPERATIVE Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Findings. A. The Town of Ithaca's Comprehensive Plan encourages the development of environmentally sound housing communities; and B. A group, now known as First Residents Group, is in the process of forming a Cooperative Housing Corporation under the laws of the State of New York to be named EcoVillage Co-Housing Cooperative for the purpose of developing and owning such housing; and C. EcoVillage at Ithaca, another entity, has agreed to sell approximately 33 acres to the First Residents Group or its successor cooperative, contingent upon the rezoning provided by this local law and receipt of all other requisite approvals by the Town of Ithaca and Tompkins County; and D. The proposed project will: (a) contribute to the variety of housing styles and patterns of development available in the Town; (b) develop and model a neighborhood design for pedestrians, with minimal traffic, attractive landscaping, and safe play areas for children; (c) utilize clustering to create an aesthetic, quiet and safe neighborhood space to help foster a sense of community; (d) utilize interior acreage for housing, which will allow preservation of better agricultural soils, avoid strip-type residential development along roadways, create a safer environment, preserve existing rural character and existing views along roadways; (e) demonstrate the manner in which housing may be developed to conserve energy and water, by utilizing passive solar designs, super-insulation, careful landscaping for wind protection and low-flow water devices; (f) demonstrate how housing may be developed which conserves energy by building smaller individual dwellings and concentrating otherwise-duplicated, energy-consuming spaces into a community center or "common house"; 2 (g) demonstrate how meaningful open space may be preserved in conjunction with construction of new housing at ordinarily-permitted densities. Section 2. Purpose. It is the purpose and intent of this local law to allow, by creation of a Special Land Use District, an opportunity for the implementation of the foregoing goals and objectives in an environmentally and ecologically sound manner. Section 3. Amendments to Zoning Ordinance. The Zoning Ordinance of the Town of Ithaca, as readopted, amended and revised, effective February 26, 1968, and thereafter further amended, be further amended as follows: A. Addition of Special Land Use District No. 8. Article II, Section 2 of the Town of Ithaca Zoning Ordinance is amended by adding to the permissible districts itemized in said section a district designated as "Special Land Use District No. 8". B. Principal Use Regulations. In Special Land Use District No. 8, no building shall be erected or extended and no land or building or part thereof shall be used for other than any of the following purposes: 1. A one-family dwelling. A one-family dwelling may be occupied by not more than (a) one family, or (b) one family plus no more than one boarder, roomer, lodger, or other occupant. 2. A two-family dwelling. A two-family dwelling may be occupied by not more than two families and each dwelling unit in a two-family dwelling may be occupied by no more than (a) one family, or (b) one family plus no more than one boarder, roomer, lodger, or other occupant. 3. A community center, also known as a "common house" which may house recreation, meeting, and dining space, children's playrooms, kitchen facilities, common laundry facilities, and other accessory uses permitted in this Special Land Use District and/or other community space, provided, however, that the community center is to be used exclusively by the residents of the dwellings located within this Special Land Use District. 4. The following uses but only upon receipt of a special approval for same by the 3 Board of Appeals in accordance with the procedures described below: (a) church or other places of worship, convent and parish house. (b) public library, public museum, public, parochial and private schools, daycare center, and nursery school. (c) publicly owned park or playground including accessory buildings and improvements. (d) Nursing or convalescent home, or medical clinics. The application for approval of any of the foregoing uses shall be referred to the Planning Board and no final action by the Board of Appeals shall be taken until the Planning Board has reviewed at least a preliminary site plan and approved same. If the Zoning Board of Appeals approves same, and if only a preliminary site plan was approved by the Planning Board, the matter shall be returned to the Planning Board for final site plan approval. The site plan approval process shall be as set forth in Article IX of the Zoning Ordinance supplemented by the provisions of this local law. No building permit shall be issued unless the proposed structure is in accordance with the final site plan approved by the Planning Board. 5. Garden, nursery, or farm, except a hog farm where the principal food is garbage. Sale of farm and nursery products shall be subject to the provisions of Section 18, Subdivision 7 of the Ordinance. Usual farm buildings are permitted, provided that: (a) Any building in which farm animals are kept shall be at least 100 feet from any dwelling or community center and any street right of way, and if subdivision approval is obtained, at least 100 feet from any lot line. (b) No manure shall be stored within 100 feet of any dwelling or community center or street right of way, and if subdivision approval is obtained, within 100 feet of any lot line. 6. Any municipal, public or private utility purpose necessary to the maintenance of utility services. 7. Cemetery and the buildings and structures incident thereto, but only upon special approval of the Board of Appeals. 8. A roadside stand or other structure for the display and sale of farm or nursery products incidental to farming and as a seasonal convenience to the owner or owners of the 4 land. Any such stand shall be located a minimum of 15 feet from the street line, in such a manner as to permit safe access and egress for automobiles, and parking off the highway right of way and shall not be operated more than eight months out of any one year. 9. Signs, as regulated by the Town of Ithaca Sign Law. 10. Day care homes and group day care facilities. 11. Group family day care homes upon special approval by the Board of Zoning Appeals pursuant to Section 77, Subdivision 7. C. Accessory Uses. Permitted accessory uses in Special Land Use District No. 8 shall be limited to the following: 1. Office of a resident doctor, dentist, musician, engineer, teacher, lawyer, artist, architect, computer consultant, software consultant, or member of other recognized profession and quasi-profession where such office is a part of the residence building provided that not more than 3 additional persons not residing on the premises may be employed. 2. A customary home occupation (such as dressmaking, hair dressing, laundering, home cooking, carpentry, electrical, and plumbing work or similar manual or mechanical trade) operated solely by a resident of the dwelling provided that (a) No additional person not residing on the premises may be employed therein; and (b) No goods or products are publicly displayed or advertised for sale; and (c) There is no outside storage; and (d) No noise, dust, disorder, or objectionable odor is experienced beyond the dwelling where such use is conducted. Any of the above mechanical trades that are conducted in the home shall be conducted within the confines of the dwelling or the basement of the dwelling or in a garage area not to exceed 200 square feet. 3. Offices or occupations as set forth in paragraphs 1 and 2 above may be conducted in the common house provided 5 (a) The person or persons conducting such profession or home occupation is a or are permanent residents of the Special Land Use District except, as to professions enumerated in paragraph 1 above, no more than one additional non-resident person may be employed by any one professional or quasi-professional, and no more than four additional non-resident persons may be employed in the aggregate by all of the professionals and quasi- professionals occupying work space in the common house; and (b) No more than eight separate offices or work spaces are so occupied in the common house; and (c) The aggregate space of all the offices and occupation spaces combined does not exceed 20% of the total gross floor area of the common house; and (d) No goods or products are publicly displayed or advertised for sale; and (e) There is no outside storage; and (f) No noise, dust, disorder, or objectionable odor is experienced beyond the space where such occupation or use is conducted; and (g) No one office or trade authorized above shall be conducted in any space in excess of 200 square feet; and (h) The total number of offices or occupations set forth in paragraphs 1 and 2 located anywhere in this Special Land Use District, whether in the common house or in a residence, shall not in the aggregate exceed 30. (i.e., there shall be no more home occupations or professional offices authorized within the Special Land Use District than if the property were in a residence district R30). 4. Off-street garage or parking space for the occupants, users and employees in connection with uses specified above, but subject to provisions of Section 45 and Section 69 of the Ordinance, and subject to the other provisions of this local law. 5. A temporary building for commerce or industry, where such building is necessary or incidental to the development of the residential area. Such buildings may not be continued for more than one year except upon special approval of the Board of Appeals. 6. Accessory buildings such as dog houses, storage sheds, carports, gazebos, or other 6 small structures clearly ancillary and related to dwelling uses in the Special Land Use District and subject to all other provisions of this local law. 7. The keeping of domestic animals or fowl in accessory buildings, provided that no such building shall be nearer than 50 feet to any other dwelling and shall be located on land owned or leased by the person occupying the principal dwelling to which such building is accessory, and further provided that there shall be no raising of fur-bearing animals, keeping of horses for hire, or kennels for more than 3 dogs over 6 months old. 8. Signs, as regulated by the Town of Ithaca Sign Law. D. Manner of Land Ownership. The property in this Special Land Use District may be owned in the following manners: 1. Each dwelling unit may be owned individually by more than one person or entity (with or without a homeowners' association or similar body) provided that there is compliance with the subdivision regulations of the Town of Ithaca (including the cluster subdivision regulations); or 2. As a cooperative (where there is one entity that owns the land and which leases land to individuals who then erect dwelling units on the leased land or where one entity owns the land and all buildings and leases specific dwelling units and associated accessory buildings to individuals or families); or 3. As a condominium. Regardless of the manner of ownership, before construction of any improvements anywhere in the Special Land Use District is commenced, except as otherwise specifically provided by this local law, a site plan for such construction shall be submitted to and approved by the Planning Board. In the event land is to be owned by a cooperative, a final site plan, providing such detail as is normally required for a subdivision and showing the dimensions and location, in such detail as the Planning Board may require, of the proposed leased areas, shall be submitted to, and approved by, the Planning Board before any building permits are issued. The criteria for approval of such site plan shall be the same criteria used by the Planning Board in approving site plans and subdivisions set forth elsewhere in this Ordinance and in the Planning Board's Subdivision Regulations. E. Density Limitations. There shall be no more than 30 dwelling units constructed within this Special Land Use District. Except as authorized below, no structure shall house more than two dwelling units. 7 Upon receipt of a special approval for same from the Planning Board, dwellings may be constructed as part of a single building up to a maximum of 2 dwellings per building, provided that such construction is consistent with the purposes for which this Special Land Use District is being created and is otherwise in accordance with the criteria governing special approvals set forth elsewhere in this Ordinance. F. Yard Regulations. The minimum distance between buildings shall be in compliance with the New York State Building Code. G. Height Regulations. In this Special Land Use District no building shall be erected, altered, or extended to exceed 40 feet in height from the lowest interior grade or 40 feet in height from the lowest exterior grade, whichever is lower. No structure other than a building shall be erected, altered, or extended to exceed 30 feet in height. Notwithstanding the foregoing, the Planning Board may grant special approval for construction of accessory towers in excess of 40 feet but in no event shall any structure exceed 60 feet in height. H. Lot Coverage. No structure or structures, including accessory buildings or structures and including parking area and other paved areas, shall be erected, constructed, altered or extended to cover, in the aggregate, more than 10% of the land area within the Special Land Use District. I. Parking. There shall be provided paved parking, or parking spaces surfaced in such other manner as may be approved by the Town Planning Board and the Town Engineer, at the rate of at least two parking spaces for each dwelling unit plus one parking space for each 400 square feet of enclosed building space in any community center. Notwithstanding the foregoing, if the Planning Board determines that a reduction in the required number of parking spaces will not adversely affect traffic flow on the proposed site, will leave adequate parking for all of the reasonably anticipated uses or occupancies on the site, and will not otherwise adversely affect the general welfare of the community, such Board may authorize the minimum number of parking spaces to be reduced by no more than 25%. If the Planning Board permits such a reduction, it may impose such reasonable conditions, including the conditions set forth with respect to reductions of parking spaces in business districts, as may, in the judgment of the Planning Board, be necessary to assure that such reduction will not cause congestion, create undesirable traffic flows or hazards, or otherwise be adverse to the general welfare of the community. In any event, unless expressly waived by the Planning Board, such reduction shall be subject to the same mandatory conditions as are set forth with respect to business district parking area reductions. J. Building Permits and Site Plan Approval. 8 1. In accordance with the provisions of the Zoning Ordinance a final site plan shall be submitted to and approved by the Town of Ithaca Planning Board before issuance of any building permits. Any significant revisions to the Preliminary Site Plan ("Drawing No. 2A - Project Plan, EcoVillage CoHousing Cooperative, Revised Road, Revised Property Lines" made by House Craft Builders dated October 26, 1994, a copy of which is on file at the Town of Ithaca Planning Department), submitted to the Town Board at the time of the creation of this Special Land Use District, shall be submitted to and be approved by the Town Board before issuance of any building permits. Notwithstanding the foregoing, the Planning Board is authorized to permit modifications of the Preliminary Site Plan in granting final site plan approval provided that (a) as modified such site plan is in general conformity with the purposes and objectives of the local law creating this Special Land Use District; and (b) the modifications are in accordance with the provisions of this local law and other provisions of the Zoning Ordinance unless a variance for a deviation has been obtained from the Board of Appeals; and (c) the modifications do not significantly reduce the open space provided for on the Preliminary Site Plan. 2. Building permits shall be required for any construction. Such permits shall not be issued unless and until the exterior design, specifications, and plans for the buildings and all other improvements to be constructed in the Special Land Use District and construction of all outside facilities including lighting and signs shall have been shown on the final site plan approved by the Planning Board, and any construction thereafter shall be in accordance with said site plan as finally approved. In determining whether to approve the site plan, the Planning Board shall employ the same considerations it would employ in approving a site plan pursuant to Sections 46 and 78 of this Ordinance. K. Primary Ingress and Egress to the Special Land Use District. 1. No building permits shall be issued for construction of any structures within the Special Land Use District until the following actions have occurred to assure adequate ingress and egress to the property: (a) Good and marketable fee title is obtained to a strip of land at least 60 feet in width, adequate in the opinion of the Town Engineer and the Town Highway Superintendent for the construction of a road from Route 79 (Mecklenburg Road) to a point at least as far south 9 as the north line of the Special Land Use District, together with such additional easements or title as are needed for access to the dwellings and common house in the Special Land Use District as shown on the final site plan. Such title shall be obtained by the developer or other owner or owners of the Special Land Use District, and shall be satisfactory to the Attorney for the Town to assure availability of vehicular and emergency vehicle access to the proposed dwellings and common house. (b) Construction of a road is completed to the extent of providing, in the opinion of both the Town Engineer and Town Highway Superintendent, a useable, serviceable base for ingress and egress of emergency and service vehicles. (c) There is submitted to the Town Planning Board and approved by the Planning Board, upon the advice of the Attorney for the Town, copies of any cooperative proprietary leases, condominium or homeowners association documents, or other agreements among owners containing suitable provisions to assure maintenance of the road to a standard which will allow unimpeded passage of emergency vehicles at all times and all seasons. (d) The road length is determined by the Town Engineer to not exceed 3,000 feet. (e) A sign is posted at the intersection of the private road and Route 79 indicating that the road is not a Town road. 2. No certificates of occupancy shall be issued, and no permits for construction of more than ten dwelling units within the Special Land Use District shall be issued, unless and until (a) The road referred to above has been completed in accordance with the applicable Town of Ithaca highway specifications in effect at the time immediately prior to the issuance of the first building permit for any such structure, except that if the Town of Ithaca highway specifications require paving of the road, paving may be omitted, and (b) Adequate access, in the opinion of the Town Engineer and Town Highway Superintendent, has been constructed and completed for fire and other emergency vehicles from the terminus of the road as so constructed to the dwelling or other structure for which a certificate of occupancy is requested. The developer may request a waiver from the requirement of this paragraph 2 to the extent of obtaining additional building permits earlier than would otherwise be authorized by this paragraph by applying for such a waiver to the Planning Board. The Planning Board may, but is not required to, authorize the issuance of building permits if the 10 Planning Board finds: (i) The plans for the road and related access have been approved by all applicable agencies including the Town Engineer and Town Highway Superintendent; (ii) Work has been commenced on the construction of the road and access and is progressing with sufficient rapidity that it is reasonable to expect that it will be completed before any certificates of occupancy for any dwelling units are issued; (iii) It would be a substantial hardship to one or more individuals to delay construction of more than 10 dwelling units; and (iv) There is proof provided to the Town Engineer and Planning Board that there is adequate financial support available to the developer to complete the road, such proof being in the form of a dedicated escrow account, performance bond, letter of credit, or other proof satisfactory and acceptable to the Town Engineer, Attorney for the Town and the Planning Board; and (v) The Town Engineer and Town Highway Superintendent recommend granting the waiver. If such a waiver is granted, the Planning Board may impose such reasonable conditions upon the grant as it may deem appropriate to assure completion of the road in a timely and workmanlike manner. L. Secondary Ingress and Egress to the Special Land Use District. No building permits shall be issued for any buildings constructed in the Special Land Use District until good and marketable title to an easement over a strip of land, at least 30 feet in width, adequate in the opinion of the Town Engineer for the construction of an emergency access road from West Haven Road (or other existing public road as shown on the final site plan) to a point where it joins the primary access road at a point no further than 1200 feet from any dwelling unit and community center proposed to be constructed as shown on the final site plan, is obtained by the developer or other owner or owners of the Special Land Use District, such title and ownership to be satisfactory to the Attorney for the Town to assure availability of emergency vehicle access to the proposed dwellings and other structures. No certificates of occupancy shall be issued for any buildings constructed in the Special Land Use District until the following actions have occurred to assure adequate secondary access for emergency vehicles to any such buildings: 1. Construction of a road with a surface at least ten feet wide over the easement strip 11 referred to above is completed in a manner as to provide an adequate road, as determined by the Town Engineer and Town Highway Superintendent, for emergency vehicle access including fire truck and emergency medical vehicles. The surface need not be asphalt provided that the surface constructed is, in the opinion of the Town Engineer and Town Highway Superintendent, sufficient to provide year round access for emergency vehicles. 2. There is submitted to the Town Planning Board and approved by the Planning Board, upon the advice of the Attorney for the Town, copies of any cooperative proprietary leases, condominium or homeowners association documents, or other agreements among owners containing suitable provisions to assure maintenance of the emergency road to a standard which will allow unimpeded passage of emergency vehicles at all times and all seasons. M. Elimination of Cul-de-Sac. No later than six years from the date of the issuance of the first Certificate of Occupancy with respect to any building constructed in the Special Land Use District, the owner or owners of the Special Land Use District shall, at their cost and expense, eliminate any cul-de-sac of greater than 1200 feet by any of the following means: 1. Construct an internal loop road; 2. Construct a divided road consisting of the original primary road plus a parallel secondary road, built so that no dwelling is more than 1200 feet from a point providing two means of access to and from public roads (e.g. Mecklenburg Road and West Haven Road) existing at the effective date of this local law; or 3. Construct a secondary access road to a point that assures no dwelling is more than 1200 feet from a point providing two means of access to and from public roads existing at the effective date of this local law. Such roads shall be constructed to Town Highway specifications (except the Planning Board may waive the requirement of paving if satisfied, upon recommendation of the Town Engineer and the Town Highway Superintendent that the road will nevertheless provide adequate emergency vehicle access) and maintained to permit access by emergency vehicles at all times and all seasons. Any of such proposed actions shall be subject to the approval by the Planning Board and shall not be constructed until such time as a modified site plan, showing said loop road or alternative means of access, has been presented to and approved by the Planning Board. No building permits shall be issued for more than 30 dwelling units, one community center, 12 and permitted accessory structures in the Special Land Use District, until one of conditions 1., 2., or 3. above has been met, or has been waived by the Town of Ithaca Town Board. N. Dedication of Road to the Town of Ithaca. The road or roads may be offered for dedication to the Town provided that the road is constructed or reconstructed to Town specifications as in effect at the time of said proposed dedication except that, at the option of the Town, the Town may waive the requirement for paving provided that arrangements satisfactory to the Town, either by assessment, agreement, or otherwise, are provided such that if the Town paves the road, the cost of such paving shall be recouped within a reasonable period of time, satisfactory to the Town, from the owners or lessees of land in the Special Land Use District and any other users of the land. Said arrangements may, at the option of the Town, include letters of credit, bonds, deposits of funds, and/or personal guarantees of the owner and/or residents of the Special Land Use District. Nothing in this provision is intended to compel the Town to accept such dedication. O. Maintenance of Open Space. All the open space shown on the site plan will be owned, maintained, and the use thereof controlled by a residents association or duly formed cooperative housing corporation, primarily for the enjoyment, passive and active recreation, and agricultural purposes of the residents of the Special Land Use District provided, however, that if any land is dedicated to the Town as part of any required park or open space recreation dedication, those areas owned by the Town will be owned, maintained, and the use thereof controlled by the Town. P. Construction Requirements. All construction for which a permit is required or granted shall comply with all applicable laws, codes, ordinances, rules and regulations. Q. Ownership of Ingress and Egress Roads. The primary road providing access to the property running from Mecklenburg Road to the area within the Special Land Use District shall be owned in fee title by the cooperative, homeowners association, condominium association, or all of the owners of any individual lots contained within the Special Land Use District, as approved by the Planning Board upon the advice of the Attorney for the Town to assure continued access to and from public roads for the property in the Special Land Use District. This provision shall terminate at such time, if ever, as the road is conveyed to the Town or other public road access approved by the Planning Board is provided to the property within the District. R. Provision of Sewer Facilities. No certificates of occupancy will be issued, and no permits for construction of more than ten dwelling units within the Special Land Use District shall be issued, unless and until the following shall have occurred: 1. Sewer easements for the benefit of the Town for a public sewer line running from a presently existing public sewer to the location of the proposed dwelling units and 13 community center as shown on the finally approved site plan are obtained in the form normally required by the Town of Ithaca from all landowners over which said sewer line must run and the same recorded in the Tompkins County Clerk's Office; and 2. A sewer line is constructed by the developer or other owner of land in the Special Land Use District, at such party's expense, in accordance with all applicable specifications and requirements (including the Town of Ithaca and Tompkins County specifications) to the satisfaction of the Tompkins County Health Department and the Town of Ithaca Town Engineer and the line is transferred and dedicated to the Town of Ithaca. The developer may request a waiver from the requirement of this paragraph 2 to the extent of obtaining additional building permits earlier than would otherwise be authorized by applying for such a waiver to the Planning Board. The Planning Board may, but is not required to, authorize the issuance of more than ten building permits if the Planning Board finds: (a) The plans for the sewer line have been approved by all applicable agencies; (b) Work has been commenced on the construction of the line and is progressing with sufficient rapidity that it is reasonable to expect that it will be completed before any certificates of occupancy for any dwelling units are issued; (c) It would be a substantial hardship to one or more individuals to delay construction of more than 10 of dwelling units; and (d) There is proof provided to the Town Engineer and Planning Board that there is adequate financial support available to the developer to complete the line, such proof being in the form of a dedicated escrow account, performance bond, letter of credit, or other proof satisfactory and acceptable to the Town Engineer, Attorney for the Town and the Planning Board; and (e) The Town Engineer recommends granting the waiver. If such a waiver is granted, the Planning Board may impose such reasonable conditions upon the grant as it may deem appropriate to assure completion of the sewer line in a timely and workmanlike manner. S. Provision of Adequate Water Facilities. No certificates of occupancy will be issued, and no permits for construction of more than ten dwelling units within the Special Land Use District shall be issued, unless and until the following actions are taken to assure a water supply for the 14 proposed development: 1. Easements for a water line, to be privately owned and maintained by the owner(s) or residents of the Special Land Use District, running from West Haven Road to the vicinity within such District where the proposed dwelling units and community center are to be located (all as shown on the Final Site Plan), which easements are for the benefit of the developer, its successors and assigns and for the residents of such District, are obtained in a form satisfactory to the Attorney for the Town from all landowners over which said water line must run and the same recorded in the Tompkins County Clerk's Office; and 2. Such water line is built by the developer at the developer's expense in accordance with the requirements of all applicable governing authorities and laws including the requirements of the Tompkins County Health Department, and applicable plumbing and building codes, as the same pertain to a private water system; and 3. A pump station to be owned and maintained by the owner(s) or residents of the Special Land Use District has been constructed by the developer at the developer's expense to provide pumping capacity adequate, in the reasonable judgment of the Town Engineer, the Town Planning Board, and the Tompkins County Health Department, to provide sufficient flows of water at the dwelling sites for domestic household use and at the common house for lavatory, kitchen, fire protection, and any other proposed use requiring water, said pump station to be owned and maintained by the owner(s) or residents of the Special Land Use District; and 4. A meter is installed by the developer at the developer's expense at the point on West Haven Road where said private line intersects the public main for purposes of metering consumption within the Special Land Use District in accordance with the Town of Ithaca, Southern Cayuga Lake Intermunicipal Water Commission, and other municipal agency's requirements for water supply purposes. The developer may request a waiver from the requirements of one or more of paragraphs 2, 3, or 4 above to the extent of obtaining additional building permits earlier than would otherwise be permitted by applying for such a waiver to the Planning Board. The Planning Board may, but is not required to, authorize the issuance of more than ten building permits if the Planning Board finds: (a) The plans for the water line have been approved by all applicable agencies; (b) Work has been commenced and on the construction of the line and station and is progressing with sufficient rapidity that it is reasonable to expect that it will be completed 15 before any certificates of occupancy for any dwelling units are issued; (c) It would be a substantial hardship to one or more individuals to delay construction of more than 10 of dwelling units; and (d) There is proof provided to the Town Engineer and Planning Board that there is adequate financial support available to the developer to complete the line and associated facilities, such proof being in the form of a dedicated escrow account, performance bond, letter of credit, or other proof satisfactory and acceptable to the Town Engineer, Attorney for the Town and the Planning Board; and (e) The Town Engineer recommends granting the waiver. If such a waiver is granted, the Planning Board may impose such reasonable conditions upon the grant as it may deem appropriate to assure completion of the water line and associated facilities in a timely and workmanlike manner. T. Modification of Site Plan. Any change in the site plan as finally approved by the Town Planning Board shall not be made until an application for a modification of site plan is provided to and approved by the Town Planning Board. U. Area Rezoned. The area encompassed and rezoned in accordance with this local law to be Special Land Use District No. 8 is described on Schedule A to this local law. The official zoning map of the Town of Ithaca is hereby amended by adding such district at the location described. Section 4. Reversion. Unless work has materially commenced in accordance with a final site plan within one year from the issuance of the building permit authorizing such work, or within thirty-six months of the date the Planning Board gave final site plan approval, or within four years of the effective date of this local law, whichever is earlier, any building permit shall lapse, the site plan approval (both final and preliminary, if any) shall expire, and the zoning change effected by this local law shall terminate and the zoning shall revert to that in effect prior to the adoption of this local law, unless in the interim there has been a general rezoning of the area surrounding the area being rezoned by this local law, in which event the zoning shall revert to the same zoning as then in effect along a majority of the perimeter of the land being rezoned as a Special Land Use District by this local law. The Planning Board, upon request of the applicant, after a public hearing, and upon a finding that the imposition of the time limits set forth above would create an undue hardship on the applicant, may extend the time limits for such additional periods as the Planning Board may reasonably determine. An application for such extension may be made at the time of filing of the original application for site plan approval or at any time thereafter up to, but no later than, six 16 months after the expiration of the time limits set forth above. For the purposes of this section, work will not have "materially commenced" unless, at a minimum, (i) a building permit, if required, has been obtained; (ii) construction equipment and tools consistent with the size of the proposed work have been brought to and been used on the site; and (iii) substantial excavation (where excavation is required) or significant framing, erection, or construction (where excavation is not required) has been started and is being diligently pursued. Section 5. Invalidity. If any provision of this 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 6. Effective Date. This local law shall take effect 10 days after publication as required by law or upon filing with the Secretary of State of the State of New York, whichever is later. 17 SCHEDULE A Description of Area Rezoned Special Land Use District No. 8. ALL THAT CERTAIN TRACT OR PARCEL OF LAND, situated in the Town of Ithaca, County of Tompkins and State of New York, more particularly bounded and described as follows: BEGINNING at a point marked by a found iron pin, which point is located the following courses and distances from the intersection of the centerline of West Haven Road with the centerline of Mecklenburg Road (N.Y.S. Route 79): 1. S 2 degrees 12’ 35" W a distance of 864.48 feet to a point marked by an iron pin; 2. S 2 degrees 12’ 35" W a distance of 418.82 feet to a point; 3. N 87 degrees 47’ 25" W along the northerly line of lands now or formerly of Robert A. & Elizabeth Hesson (Book 603 of Deeds Page 564) a distance of 225.00 feet to the northwesterly corner of said lands of Hesson; 4. S 2 degrees 12’ 35" W along the westerly line of said lands of Hesson, a distance of 150.00 feet to the southwesterly corner of said lands of Hesson; 5. S 87 degrees 47’ 25" E along the southerly line of said lands of Hesson, a distance of 225.00 feet to a point in the said centerline of West Haven Road; 6. S 2 degrees 12’ 35" W along the said centerline of West Haven Road a distance of 210.90 feet to a point; 7. N 87 degrees 47’ 25" W along the northerly line of lands now or formerly of Oscar F. & Elizabeth J. Westfall (Book 448 of Deeds, Page 1025), passing through an iron pin at a distance of 29.84 feet, and continuing a distance of 120.18 feet, being a total distance of 150.00 feet to an iron pin located at the northwesterly corner of said lands of Westfall; 8. S 2 degrees 12’ 35" W along the westerly line of said lands of Westfall, passing through an iron pipe at a distance of 110.00 feet, and continuing a distance of 32.27 feet, being a total distance of 142.27 feet to a point located in the centerline of a creek; 9. Along the centerline of said creek, being also the northerly line of lands now or formerly of Frank & Rose V. Flacco (Book 548 of Deeds, Page 9), the following six (6) courses and distances: (1) N 72 degrees 24’ 10" W a distance of 154.44 feet to a point; (2) S 87 degrees 52’ 13" W a distance of 185.05 feet to a point; (3) N 88 degrees 01’ 32" W a distance of 106.21 feet to a point; (4) N 36 degrees 29’ 53" W a distance of 117.33 feet to a point; (5) N 4 degrees 35' 48" W a distance of 47.43 feet to a point; (6) N 48 degrees 58’ 04" W a distance of 119.59 feet to a point; 10. S 00 12’ 00" W along the westerly line of said lands of Flacco, passing through an 18 iron pin at a distance of 8.00 feet, and continuing a distance of 708.89 feet, being a total distance of 716.89 feet to an iron pin located at the southwesterly corner of said lands of Flacco; 11. N 89 degrees 01’ 33" W along a northerly line of lands now or formerly of Helen M. DeGraff (Book 310 of Deeds, Page 15) a distance of 84.76 feet to an iron pin located at a northwesterly corner of said lands of DeGraff; 12. S 2 degrees 48’ 00" E along a westerly line of said lands of DeGraff a distance of 1066.73 feet to an iron pin; 13. N 88 degrees 21’ 45" W along a northerly line of said lands of DeGraff, and continuing along the northerly line of lands now or formerly of Longhouse Cooperative, Inc. (Book 546 of Deeds 742) a total distance of 2072.73 feet; THENCE N 00 degrees 46’ 54" E, passing through a found iron pin at a distance of 400.29 feet, and continuing 844.71 feet, being a total distance of 1245 feet to a point; THENCE S 88 degrees 21’ 45" E a distance of 1050 feet to a point; THENCE S 00 degrees 46’ 54" W a distance of 1245 feet to a point; THENCE N 88 degrees 21’ 45" W along the northerly line of said lands of DeGraff and Longhouse Cooperative. Inc a distance of 1050 feet, to the point of beginning; BEING 30.007 acres more or less.