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HomeMy WebLinkAboutLL 05 of 1995 Open Space in MR Districts TOWN OF ITHACA LOCAL LAW NO. 5 OF THE YEAR 1995 A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE TO PROVIDE FOR OPEN SPACE RESERVATIONS IN MULTIPLE RESIDENCE DISTRICTS Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. The Zoning Ordinance of the Town of Ithaca as readopted, amended and revised effective February 26, 1968, and subsequently amended, be further amended by amending Article VI, Section 30, to read as follows: "SECTION 30. Site Plan Approvals. 1. No building permit shall be issued for a building within a Multiple Residence District unless the proposed structure is in accordance with a site plan approved pursuant to the provisions of Article IX. 2. In addition to the site plan requirements set forth in Article IX, the site plan shall be subject to the following additional requirements as authorized by Town Law Section 274-a: (a) Such site plan shall show, when required by the Planning Board a park or parks suitably located for playground or other recreational purposes. (b) Land for park, playground or other recreational purposes shall not be required until the Planning Board has made a finding that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the Town. Such finding shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the Town based on projected population growth to which the particular site plan will contribute. Such evaluation may also include reference to any current Parks, Recreation and Open Space Plan existing in the Town. (c) In the event the Planning Board makes a finding pursuant to paragraph (b) of this section that the proposed site plan presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes, but that a suitable park or parks of adequate size to meet the requirement cannot be properly located on such site plan, the Planning Board may require a sum of money in lieu thereof in an amount to be established by the Town Board. In making such determination of suitability, the Planning Board shall assess the size and suitability of lands shown on the site plan which could be possible locations for park or recreational facilities, as well as practical factors including whether there is a need for additional facilities in the immediate neighborhood. Any monies required by the Planning Board in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of this section, shall be deposited into a trust fund to be used by the Town exclusively for park, playground or other recreational purposes, including the acquisition of 2 property. (d) Notwithstanding the foregoing, if the land included in a site plan under review is a portion of a subdivision plat which has been reviewed and approved pursuant to section two hundred seventy-six of the Town Law or pursuant to the Town of Ithaca Subdivision Regulations (as either may be amended from time to time), the Planning Board shall credit the applicant for any land set aside or money donated in lieu thereof under such subdivision plat approval. In the event of resubdivision of such plat, nothing shall preclude the requiring the reservation of additional parkland or additional money to be donated in lieu thereof. (e) If the Town Board, by resolution or local law has established the amounts, or a formula by which amounts payable in lieu of land reservation may be determined, the amounts payable pursuant to this section shall be as set forth in, or determined by, such local law." Section 2. The invalidity of any section or provision of this local law shall not invalidate any other section or provision thereof. Section 3. This law shall take effect upon its publication as required by law, except that the amendments made by this local law shall not apply to any site plan approved prior to the adoption of this local law. If the Planning Board determines that the application of such amendments would be inequitable to a site plan for which applications for approval are presently pending, the Planning Board may waive the requirements provided that such application for which a waiver is granted is approved within 18 months of the adoption of this local law.