HomeMy WebLinkAboutScope of Work - Ch 234 Subdivision COC DRAFT 05032023
1
Project: Amendments to Town Code 234 Subdivision of Land
May 3, 2023 DRAFT
1 Project summary
This project will revise the existing Subdivision of Land Chapter (Town Code Chapter 234) to
better align with the 2014 Comprehensive Plan and contemporary best planning practices. This
project involves replacing the current Chapter 234 (link here: Subdivision of Land) with a new
Subdivision code, not just making amendments to the existing law within its existing structure.
The Town’s Subdivision regulations were last comprehensively amended in 1993. Revision has
been included in Codes and Ordinances Committee work plans since 2007. This project was
rated the highest recommended action for the Codes & Ordinances 2023 Work Plan.
Planning Department staff will prepare a draft, a revised draft, and a final draft of the new
subdivision code, in consultation with the Code Enforcement and Zoning Department,
Engineering Department, Public Works Department, and Attorney for the Town.
2 Policy issues
Subdivision review is a technique that controls division of land into smaller lots, layout of lots
and streets, amount and siting of parks and open spaces in a subdivided area, and construction
of related infrastructure.
The Town first adopted subdivision regulations in 1955. In 1993, there was a major update to the
Town’s subdivision regulations. However, that update was built on the earlier foundation of the
1955 code. Much of the current code was drafted before the Town adopted its current policies
and plans. Increasingly, the code may not provide an effective and efficient response to many
anticipated development issues.
The draft code that results from this project will address and help implement numerous goals
and recommendations in the 2014 Comprehensive Plan; 1996 Parks, Recreation, and Open
Space Plan, and 2012 Agricultural and Farmland Preservation Plan.
Work will also include examination of complementary Code sections (e.g., Chapter 230: Streets
and Sidewalks; Section 153-3: Fees in lieu of recreational land.)
The Project is also intended to address the following, including but not limited to:
• Absence of an administrative review process for simple actions that don’t create new lots.
• Absence of regulations addressing lot shape, efficient land use, future development
potential, and minimum development density.
• Counting the access strip or “pole” on a flag lot as part of lot area.
2
• Street layout requirements that allow long cul-de-sacs, and long distances between
intersecting streets inside a subdivision, with limited provisions for connectivity.
• Current subdivision provisions do not define or provide guidance for road infrastructure or
higher housing densities than under conventional zoning; benefits to the Town (as
compared to conventional subdivision) should be re-evaluated and enhanced.
• No criteria for the quality, siting, or form of open space in conventional and cluster
subdivisions.
• Allowing cluster subdivision in the form of frontage lots.
• Current requirements are 10% open space required for cluster subdivisions with a parcel
with at least 10,000 sq ft of open space; conventional residential subdivisions require
parkland only if the Planning Boards finds a need for it.
• Allowing (and sometimes encouraging) private roads.
• No design or constructions standards for private roads.
• Absence of phasing and vesting timeframes.
• Spell out needed improvements (roads, utilities, etc.) or a financial guarantee to assure
infrastructure completion, which the Town routinely requires per NY Town Law requirements.
As well as addressing recommendations of adopted plans, and following contemporary best
planning practice, the draft code may also include provisions for the following missing aspects
of the Town’s current subdivision regulations.
• Clearer criteria for what types of land division actions need a certain approval process.
• An administrative review process for lot line adjustment, lot line consolidation, lot
creation for utilities, infill subdivision that meets certain criteria, and exempt subdivisions.
• Discretionary review for subdivision along collector and arterial roads, and areas of
scenic importance, where development has the most impact on rural character.
• Recommended design sequence for different subdivision forms (conventional,
cluster/conservation, etc.).
• Requirements for an efficient land division pattern that won’t undermine future
development potential.
• Lot shape requirements.
• Consideration of flag lots; situations that allow their use, bans on stacking or
neighboring flag lots, etc.
• Required alternatives to frontage development along collector and arterial roads in rural
and agricultural areas. I don’t understand what this is for or will accomplish. Maybe more
information to better understand the topic?
• Buildout plans for subdivisions that are platted for development at a much lower density
than what current or anticipated zoning allows.
• Buildout plans for agricultural lot splits, to ensure the parent or remnant lot is large
enough to support a viable agricultural operation.
• Lot size averaging, which allows lot sizes to vary from code minimums and maximums if
the average falls in an acceptable range; Planning Board may allow deviation from
3
height, bulk, area, depth, frontage, and other requirements if authorized by the Town
Board.
• Consider limiting lateral extensions into County-adopted, State-certified Agricultural
Districts.
• Placing a higher priority on conservation in the Town’s rural and exurban areas, and
recreation in suburban and urban areas.
• Standards for open space; amount, siting, shape, function, accessibility, connectivity,
street frontage, overall quality, and the like.
• Identify protocol for street naming.
• Requirements for private roads; situations that allow their use, imposing the same
construction and design standards as for public roads, conditions for Town dedication,
and the like.
• Ownership of private roads.
• Prohibition of gated subdivisions.
• Topsoil preservation.
• Reference street and infrastructure construction specifications.
• Spell out current Town practice per NY Town Law requirements for complete
improvements (roads, utilities, parks / open space, etc.), or surety (performance bond,
etc.) covering the cost of all improvements, before final plat approval and recording.
• Phasing process and timeframes.
• Vesting timeframes.
• Graphics that visually describe and clarify regulations.
• User-friendly organization and layout.
3 Resources
Anticipated impact on Town Resources: All Planning staff; Attorney for the Town; select Code
Enforcement and Zoning Department, Engineering Department, and Public Works Department
staff as assigned.
Codification visual / graphics standards may require professional services from General Code or
other but most will be completed in-house by Senior Planner; any professional services will be
acquired in accordance with the Town of Ithaca Procurement Policy and budget process.
4 Key deliverables
The outcome of this project will be the draft of a new subdivision code that replaces Town Code
Chapter 234, ready for Town Board review and potential approval.
4
Provisions in the draft code will be organized in such a way that allows the resulting subdivision
regulations to be integrated into, or become part of a future unified development code, with
few changes.
4 Tasks and proposed committee schedule
Draft requirements defined and documented; project kickoff – May 10, 2023 COC meeting
Visioning process and conceptual storyboard development – Planning staff presentation and
study session – June 14, 2023
Identify stakeholders and schedule interviews – July 2023
Discuss potential public engagement process; finalize this scope of work and schedule; clarify
roles and responsibilities – July 12, 2023
Develop stakeholder and public engagement strategies
Stakeholder interviews – August 2023
Interim deliverable review
• Initial draft (Q3; 9/13/2023); internal review cycle 10/2023
• revised draft (Q4; 11/8/2023); internal review cycle 11/2023 to 1/2024
• final draft (Q1; 2/14/2024); final internal review cycle 3/2024
• Draft Local Law suitable for Town Board adoption; completed environmental review;
updated application forms and OpenGov processes – June 12, 2024
Public engagement
• Planning staff to discuss and recommend public engagement activities including all
public meetings, notices, workshops, online engagement, and other outreach tools
# # #
Version Control
1.0 – Planning Department