HomeMy WebLinkAboutLL 04 of 1995 Allow Prelim Site Plan Expiration
TOWN OF ITHACA
LOCAL LAW NO. 4 FOR THE YEAR 1995
A LOCAL LAW TO AMEND THE ZONING ORDINANCE OF THE TOWN OF ITHACA
TO PROVIDE FOR EXPIRATION OF PRELIMINARY SITE PLAN APPROVAL.
Be it enacted by the Town Board of the Town of Ithaca as follows:
The Zoning Ordinance of the Town of Ithaca as readopted, amended and revised effective
February 26, 1968, and subsequently amended, be further amended as follows:
1. Section 46-e of the Zoning Ordinance is amended by renumbering paragraph 3 to be
paragraph 4 and by inserting a new paragraph 3 reading as follows:
"3. Except when a rezoning has occurred based upon a preliminary or general site plan, any
approval of a preliminary site plan may be revoked by the Planning Board, after a public
hearing and upon written notice in person or by mail to the applicant
(a) If a fully complete application for final site plan approval has not been submitted to
the Planning Board within eighteen months of the date preliminary approval was granted, or
(b) If an application is submitted within such eighteen month period, such application is
not diligently prosecuted by the owner to enable the Planning Board to grant final site plan
approval within twenty-four months of the date preliminary approval was granted.
The Planning Board may, when compliance with the foregoing time periods would create a
significant hardship for the owner, extend the time periods for such periods and upon such
conditions as the Planning Board may reasonably determine."
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.
4. This law shall take effect upon publication following its adoption.