HomeMy WebLinkAbout1993 Subdivision Regulations FINAL
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SUBDIVISION REGULATIONS
FOR THE
TOWN OF ITHACA
APPROVED BY TOWN OF ITHACA PLANNING BOARD
tfA.RCH 2, 1993
APPROVED BY ITHACA TOWN BOARD
MARCH_8, 1993
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TABLE OF CONTENTS
ARTICLE I. INTRODUCTION AND ADMINISTRATION
Page
Section 1 Authorization
2 Policy 2
3 Administration
4 Public Hearings 3
5 Minimum Requirements 4
6 General Procedure 4
7 Environmental Review 5
8 Fees 5
9 Violation and Penalty 6
10 Appeals and Waivers 6
11 Amendments and Rules 6
12 Separability 7
13 Effective Date 7
ARTICLE II. GENERAL PROCEDURES FOR SUBDIVISION REVIEW
Section 14 Sketch Plans and Pre-Application-Information 8
15 Preliminary Subdivision Review 8
16 Final Subdivision Review 9
17 Modifications of the Final Plat 10
ARTICLE III. INTERPRETATIONS AND DEFINITIONS
Section 18 References 11
19 Construction 11
20 Terms 11
ARTICLE IV. RESERVATION REQUIREMENTS AND SUBDIVISION
DESIGN STANDARDS
Section 21 Reservation of Land for Public Facilities 17
22 Reservations of Parks and Recreational Land 17
23 Highway Improvements 18
24 Blocks and Lots 20
25 Solar Access 21
26 Storm Drainage 21
27 Water Supply and Sanitary Sewerage 22
28 Survey Monuments 22
29 Underground Wires and Cables 23
30 Phased Developments 23
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ARTICLE V. RULES'AND REGULATIONS FOR CLUSTERED
SUBDIVISIONS
Section 31 Minimum Gross Area 24
32 Number of Dwelling Units Permitted 24
33 Buffer Zone Requirement 26
34 Regulation of Exterior Characteristics 26
35 Restriction of Unrelated Persons 27
ARTICLE VI. PRELIMINARY AND FINAL SUBDIVISION PLAN
REQUIREMENTS
Section 36 Preliminary Plat Checklist 28
37 Form of Final Plat 30
38 Improvement Plans and Related Information 33
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TOWN OF ITHACA SUBDIVISION REGULATIONS
ARTICLE I
INTRODUCTION AND ADMINISTRATION
Section 1. Authorization.
1. By resolution adopted on the 6th day of October, 1955 the Town Board, pur-
suant to the provisions of Article 16 of the Town Law, authorized the Planning
Board of the Town of Ithaca to approve plats for subdivisions within that part
of the Town of Ithaca outside the limits of any incorporated village, said
resolution reading as follows: "RESOLVED, that the Planning Board shall be
and it hereby is authorized and empowered, to approve plats showing new
streets or highways within that portion of the town outside the limits of the
incorporated Village of Cayuga Heights, and to exercise all. other powers,
delegated to it by the Provisions of.Article IX of the' -Zoning, Building and
Planning Ordinance of the Town of Ithaca 'enacted October 7, 1954, or which
may be delegated to it by resolution of the Town Board,
oard, pursuant to the
provisions of Section 274 of the Town Law, .'or which- are described or
contemplated under the provisions of Article' 16 of the Town Law or acts
amendatory thereof, with reference to 'Zoning and Planning'; and be it further
RESOLVED, that the Town Clerk shall file with the Clerk of the County of
Tompkins a certificate in the form herewith attached, certifying that the
Planning Board has been authorized to approve plots showing new streets or
highways in accordance with the provisions of Section 276 of the Town Law."
2. By resolution adopted on the 5th day of November, 1955 the Town Board
authorized the Town Planning Board to confirm or make changes to the Town
Zoning Regulations simultaneously with the approval of a subdivision plat to
the extent permitted by law, said resolution reading as follows: "RESOLVED
that the Planning Board be, and it hereby is empowered at the time of the
approval of a plat either to confirm the zoning regulations of the land so
platted as shown on the official zoning maps of the Town or to make any
reasonable change therein, upon following the procedure required by Section
281 of the Town Law."
3. The Subdivision Regulations of the Town of Ithaca were adopted by the Town
Planning Board on March 24, 1956 and approved by the Town Board on I-larch
24, 1956.
4. By resolution adopted on the 4th day of October, 1982 the Town Board amended'
the Town of Ithaca Subdivision Regulations, reaffirmed the delegation to the
Planning Board of it powers under Section 281 of the Town Law as amended,
and further delegated to the Planning Board the authority to mandate clus-
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tered subdivisions in the Town of Ithaca. Said resolution further authorized
the Planning Board to require developers to submit a clustered subdivision
plan whenever the Planning Board believes that the application of such
Procedure would benefit the Town. The authority of the Planning Board to
require clustering is limited by the conditions of Article V of these regulations,
adopted* by the Planning Board on November 11, 1982 and approved by the
Town Board on November 16, 1982 and by the provisions of Article 16, Section
281, of the Town Law.
5. The Subdivision Regulations of the Town of Ithacaare furtheramended to read
as follows:
Section 2. Policy.
1. The policy of the Town of Ithaca is to consider land subdivision regulations as
part of a comprehensive plan for the orderly, efficient, and economical
development of the Town of Ithaca. Proper provision shall be made for drain-
age, water supply, sewerage, highways, open. space, and other needed
improvements, and to provide protection against floods and to otherwise
promote the health, safety, and welfare of the Town's 'inhabitants.
2. The subdivision regulations are adopted to guide, promote, and protect the
community's physical, social, and aesthetic development in order to preserve
the character of the Town as a beautiful and desirable place il�which to live.
3. All proposed lots shall be laid out in harmony with the prevailing pattern of
development, with development following the contour of the land as much as
possible. Developers of large subdivisions are encouraged to consider the use
of clustering in their designs. Clustering may permit a flexibility in the
development and use of land. Clustering results in a concentration of occu-
pancy and use in a particular area of land and space. The increased use of the
cluster provisions of Town Law may encourage the preservation of available
open space within residential communities and reduce the cost and maintenance
of public improvements.
4. The Planning Board may adopt provisions for parks, playgrounds and other
recreational facilities pursuant to the Town of Ithaca Park and Open Space
Plan.
5. All streets shall, be of such width, grade, and location in order to accommodate
the prospective traffic, and to facilitate emergency services, and to provide
access for all fire fighting equipment to all buildings.
Section 3. Administration.
1. These regulations shall be enforced by the Building Inspector, Town Engineer,
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or the Town Planner. If any applicant for subdivision approval or other
person is aggrieved by a requirement or determination of the enforcing officer
affecting the interpretation, applicability, compliance with and enforcement of
any of these regulations, he shall appeal to the Planning Board for a review of
the requirement or determination by the Planning board in accordance with the
Provisions of Section 10 hereof entitled "Appeals."
2. Whenever any subdivision of land is proposed to be made, the subdivider or
his agent shall apply in writing to the Planning Board for the approval of the
subdivision. This application shall conform to the specifications set forth in
these regulations.
3. Until the Planning Board has given final approval of any subdivision plat and
the application for the approval of a subdivision, and the subdivision map has
been filed in the County Clerk's Office bearing the approval of the Town
Planning Board and all other required endorsements and complying with these
regulations and all requirements of law, no building permit for construction or
other work on the property shall be ,issued nor shall such permit be valid if
erroneously issued, and no lot in the subdivision shall be sold. Any such
action or any work done on or with respect to the lands in the subdivision or
any expenses incurred Prior to final approval shall be a't�the peril of the owner
of the land or the applicant and shall not give rise to any*claim for damages by
the landowner or applicant.
4. Where an approved subdivision has later. been consolidated,.�n whole or in
part, for real estate tax purposes or any other reason (and`regardless of
whether all or a part of such subdivision has been or thereafter is described
as one or multiple parcels on any deeds or other instruments), the portion so
consolidated shall not be resubdivided without undergoing subdivision review
and approval as if it were a new subdivision.
Section 4. Public Hearings.
1. Notice of public hearings shall be published in the official newspaper of the
Town of Ithaca at least five (5) days before the Planning Board meeting. The
law governing the holding of public hearings for subdivision approval is set
forth in Section 276 of the Town Law.
2. Advertising or publishing the notice, in accordance with the provisions of I I aw,
is the only notice legally required.
3. However, in order to promote public information and Participation in the
subdivision approval procedures, the Planning Board may direct the Planning
Board Secretary or other authorized person to make reasonable efforts to
notify owners of land whose property is adjacent to and abuts upon any boun-
dary of the land for which subdivision approval is sought or whose land is in
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the immediate vicinity of the proposed subdivision and who have such standing
as will support their interest in the subdivision or site plan. The failure to
give any such notice shall not invalidate in any manner any action or
determination by the Planning Board, nor shall such failure be a basis for any
proceeding.or action against any officer, official or employee, or a member of
the Town Board or Planning Board.
4. A public notice sign of the pending public hearing, obtainable at the Planning
Department, shall be posted on the property to be subdivided in view of a
public road not less than 14 days nor more than 30 days prior to the public
hearing at which the subdivision is to be considered. Failure to post or
maintain the signs as provided in this section shall not be a jurisdictional
defect and any action taken by the Planning Board in connection with the
application shall not be nullified or voidable by reason of the failure to comply
with this section. However, the failure to Post or maintain the sign may be
grounds, should the Planning Board in its discretion so determine, to deny the
application sought or to decline to hear the matter at the scheduled meeting
date by reason of the failure to have the appropriate signs installed and/or
maintained. The Planning Board may, on good cause shown, waive the
requirement of the posting of signs as called for by-this section and by the
applicable provisions of the Zoning Ordinance.
Section 5. Minimum Requirements.
1. In their interpretation and application, the provisions of these regulations
shall be held to be minimum requirements, adopted for the prom'-Otion of public
health, safety, and general welfare.
2. Nothing in these regulations shall prohibit the subdivider from placing
additional restrictions, not in violation of these regulations, on lots within the
development.
Section 6. General Procedure.
1. The Town of Ithaca has established a three-step procedure for the review of
subdivisions. Its purpose is to encourage developers and the public to work
together with the Planning Board and the Town staff to achieve the goals for
development and growth of the Town of Ithaca.
2. When required.by.the Town staff the applicant shall present Preliminary ideas
in the form of a sketch plat to the Town staff for their comments and evalua-
tion prior to the scheduling of a Planning Board meeting. The requirements
for the sketch plat are set forth in Article II, Section 14. The staff will be
available to help the subdivider understand the improvements and restrictions
which the Planning Board could be expected to impose upon the development,
as presented. The staff and the subdivider should work together to ensure
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that the Project will meet the requirements of these regulations as well as any
additional requirements the Planning Board may impose.
3. If the subdivision is complex or extraordinary in scale, the subdivider shall be
required to present informally the sketch plat to the Planning Board for their
comments prior to the preparation of a preliminary plat. This sketch plat
review may save the subdivider time and expense in the planning and design
of the project.
4. The subdivider should inquire of the staff as to the overall requirements of
these regulations, and may proceed with the preparation of a preliminary plat.
5. All documents relating to the preliminary plat, including the Environmental
Assessment Form, Part I, shall be presented to the applicabl
e department at
least twenty (20) business days before the Planning Board meeting at which
the project is to be considered. The Town Planner or the Town Planner's
designee shall record the date when the material is received. The Planning
Board shall not be required to hold a public.hearing until the Town Planner or
Town Planner's designee has received all required information and documents.
6. Following preliminary subdivision approval, .th6 subdivider may proceed to
stake out roads and lots, to prepare final plans and any engineering plans
showing information and data required by.these regulations and other applic-
able Provisions of law, and the subdivider shall also furnish such other
information as may be lawfully and reasonably required by the Nanning Board.
The act, in itself, of the Planning Board in granting preliminary approval of a
subdivision plan shall not be interpreted to create a presumption, or in any
way imply, that the Planning Board will give final approval to the subdivision
if all conditions contained in the preliminary approval have not been met to the
satisfaction of the Planning Board or if the Planning Board determines that the
subdivider has not met all other requirements of any applicable rule,
regulation, code or law or any other requirements which the Planning Board
may reasonably impose before any final approval is given.
Section 7. Environmental Review.
1. The subdivider, at any stage of his application for subdivision approval shall
furnish such information, data, maps, reports or other documents which the
Town or the Planning Board, as its agency, may require for the environmental
review procedures including all applicable requirements of the New York State
Environmental Quality Review Act and Town of Ithaca Local Law #3-19a0 (Town
Environmental Law), as it may be amended from time to time, or any other
applicable rule, regulation, code or law. The Planning Board will usually act
as the lead agency for the environmental review of subdivisions within the
Town of Ithaca,although the subdivider may also be required to obtain permits
from other agencies, such as the Tompkins County Health Department, prior to
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final approval of the project.
Section S. Fees.
1. There shall be paid to the Town the application fees, review fees, hearing
and/or agenda fees, escrow deposits, SEQR fees and other charges set forth
in Section 84 of the Town of Ithaca Zoning Ordinance.
2. The amounts of such fees, the time of payment of same, the process for
calculating, depositing and/or paying same, and the circumstances under
which the fees or deposits may be modified shall all be as set forth in such
section of such Ordinance.
3. The Town officials receiving such fees shall issue a receipt stating the purpose
of the payment. This receipt must be filed with the application as evidence of
payment.
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Section 9. Violation and Penalty.
1. A violation of these regulations is an offense, punishable as set forth in
Section 268 of the Town Law.
2. Notwithstanding any other provisions of these regulations, the Planning Board
may refuse preliminary or final subdivision approval to a subdivider, as long
as the subdivider, or any person or entity under or in the control of such
subdivider,is in default in the performance of any actions required of them
pursuant to law or pursuant to conditions imposed in connection with a
previously approved subdivision in the.Town of Ithaca.
Section 10. Appeals and Waivers.
1. The appeal by an aggrieved person.for a review of the determination of the
Building Inspector, Town Engineer, or Town Planner as provided forin Section
3, subparagraph 1 of these regulations shall be made in writing, shall set forth
in a reasonably concise manner the determination from which an appeal is made
and a full statement of- the particulars and reasons why the subdivider
believes the appeal should be reviewed in such detail on--such forms as may be
required by the Planning Board. Such appeal mu's*t be file*d-with the Secretary
of the Planning Board at least fourteen (14) days prior to the meeting of the
Planning Board at which the appeal shall be-heard. The Planning Board in its
sole discretion may waive the aforesaid requirement and permit an appeal to
be reviewed in a shorter period of time. The Planning Board shall render its
decision in writing within 30 days of the meeting at which the appeal is
reviewed.
2. Waivers. When the strict application of any of the specifications and provi-
sions of these regulations will cause unnecessary or significant hardship or
practical difficulties, the Planning Board may waive any such specification or
other provision provided that the Planning Board determines that neither a
significant alteration of the purpose of subdivision control is made, nor the
policy enunciated or implied by the Town Board in adopting these regulations
is impaired. Whenever any such waiver is granted, a copy thereof must 'be
immediately delivered to the Town Clerk for distribution to the members of the
Town Board.
3. An appeal from any determination of the Planning Board shall be made in
accordance with the requirements of Article 78 of the New York Civil Practice
Law and Rules.
Section 11. Amendments and Rules.
1. These regulations may be amended from time to time by the Town Board. The
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Planning Board may adopt and amend rules for the administration and imple-
mentation of these regulations, provided they are not in conflict therewith.
A copy of any such amendments shall be distributed to the Town Clerk for
distribution to the Town Board members.
Section 12. Separability.
1. A final determination by a court of competent jurisdiction that any one or more
Of the Provisions of these regulations are illegal, unconstitutional or otherwise
void shall not affect the validity of all other Provisions and such other
provisions shall continue to be enforceable and in full force and effect.
Section 13. Effective Date.
1. These regulations shall be effective upon adoption by the Planning Board and
approval of the Town Board. The Planning Board may, direct that a notice of
the adoption shall be published in the official newspaper within ten (10) days
of the approval by the Town Board.
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ARTICLE II
GENERAL PROCEDURES FOR SUBDIVISION REVIEW
Section 14. Sketch Plans and Pre-Application Information.
1. When required by the Planning Board or Town Planner, the subdivider shall
present a sketch plat and supporting data for purposes of informal review and
discussion. When not otherwise required, a sketch plat may be submitted at
the option of the applicant. When provided, a sketch plat should include the
following information:
a) General subdivision information outlining the existing conditions
of the site and the Proposed development.
b) A location map showing the relationship of the proposed sub-
division to existing community facilities.
C) A plat showing in simple form the proposed layout of streets, lots,
and other features of the proposed subdivision.
d A Town of Ithaca Short Environmental Assessment Form, Part I,
which should be completed and filed with the Planning Board at
the time of sketch plat review.
e) A fee or deposit in the amount required by the applicable section
of the Zoning Ordinance or other statute as appropriate.
Section 15. Preliminary Subdivision Review.
1. The procedure for preliminary subdivision review shall, be as provided for in
these regulations and Town Law, sections 276 through 281 as they may from
time to time be amended. The preliminary plat, topographic map, street
profiles and all other necessary information shall be in full compliance with the
provisions of Town Law and these regulations except where variations
therefrom may be specifically authorized by the Board.
2. The subdivider shall submit to the Town Planner or the Town Planner's
designee a development review application, a preliminary plat in the form
required by Article VI, Section 36, the Town of Ithaca Environmental
Assessment Form Part I, and twenty (20) reduced copies of the improvement
plans and other information required by these regulations. All required
information must be received by the Planning Department at least twenty (20)
business days prior to the Planning Board meeting at which the subdivision
will be considered.
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3. The applicant shall post a public notice sign on the property at least fourteen
(14) and no more than thirty (30) days prior to the public hearing as specified
in Section 4, subparagraph 4, as amended. Failure to Post or maintain the
signs as Provided in this section shall not be a jurisdictional defect and any
action taken by the Planning Board in connection with the application shall not
be nullified or voidable by reason of the failure to comply with this section.
However, the failure to post or maintain the sign may be grounds, should the
Planning Board in its discretion so determine, to deny the application sought
or to decline to hear the matter at the scheduled meeting date by reason of the
failure to have the appropriate signs installed and/or maintained. The
Planning Board may, on good cause shown, waive the requirement of the
posting of signs as called for by this section and by the applicable provisions
of the Zoning Ordinance.
4. Any action or determination of the Planning Board approving' an application
in whole or in part, whether final or-preliminary, shall be revocable, in whole
or in Part, if the action or determination was made in reliance on any misrep-
resentation, concealment, or other fraudulent actor statement by the applicant
or was based on a mistake as to a material matter.'
Section 16. Final Subdivision Review.
1. The procedure for final subdivision -review !shall be as provided for in these
regulations and Town Law, sections 276 through 281 as they may from time to
time be amended. The subdivider must file with the Board an original and four
(4) copies of the final subdivision plat and street profiles in the form
described in Article VI, Section 38 except where variations therefrom may be
specifically authorized by the Board.
2. The final plat and improvement plans shall be submitted to the Town Planner
or Town Planner's designee at least twenty (20) business days prior to the
date of the Planning Board meeting at which time final approval is requested.
The Town Planner shall enter the date of receipt on the material submitted.
3. The Planning Board shall, within 45 days from the date of submission of the
final plat, conditionally approve with or without modifications, disapprove, or
grant final approval and authorize signing of such plat. The Planning Board
may also, for good reason, cause the extension of this review period. Such
approval shall, however, not be deemed final until the subdivider has complied
with the Provisions of the following paragraphs:
a) The subdivider shall tender "offers of cession", in a form certified as
satisfactory by the Town Attorney, of all land included in streets,
highways or other public improvements. However, approval of the plat
by the Planning Board shall not constitute acceptance by the Town
Board of any street, highway, or other public improvements.
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b) The subdivider shall obtain and file with the Planning Board a letter
from the Tompkins County Department of Health indicating satisfactory
design compliance with the realty subdivision provisions of the County
Sanitary Code.
Section 17. Modifications of the Final Plat.
1. If there are modifications of the final plat requested by the subdivider subse-
quent to its filing in the office of the County Clerk, such requests shall be
made in writing to the Town Engineer, who is hereby empowered to approve
minor, practical modifications on behalf of the Planning Board. When, in the
opinion of the Town Engineer, the requested modifications are substantial in
nature, scope or extent,and materially affect the subdivision plat as approved
by the Planning Board, the subdivider shall not proceed without the approval
of the Planning Board. Such approval may be granted at any public meeting
of the Board called for this Purpose. The Town Engineer shall report any
modifications approved by him to the Planning Board at its nextregularly
scheduled meeting.
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ARTICLE III
INTERPRETATIONS AND DEFINITIONS
Section 18. References.
1. References herein to articles, sections, subsections, and paragraphs are to
those parts of these regulations, unless context indicates otherwise.
Section 19. Construction.
1. For the purposes of these regulations, the language set forth shall be inter-
preted according to the following rules of construction.
a) The singular includes the plural.
b) The plural includes the singular.
C) The word "shall" means the action is mandatory.
d The words "may" or "should" means the action is elective.
e) The word "she" includes "he".
Section 20. Terms.
Alley A private thoroughfare less than twenty (20)
feetin width.
Attached
Dwelling Units Two or more dwelling units which share common structural
building elements and are constructed on the same building lot.
Basement A story partly underground but having at least one-half of its
height above the average level of the adjoining ground. A
basement, or cellar shall be counted as a story for the purposes
of height regulation.
Block
A parcel of land Partially or entirely surrounded by public
highways, streams, railroad rights-of-way, parks or a com-
bination thereof, which has been subdivided into lots.
Board The Planning Board of the Town of Ithaca.
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Buffer Area An area bordering the lot lines of the property on which a
clustered subdivision is to be built, within which there shall be
no permanent structures. A parking lot shall be considered a
permanent structure for the purposes of these regulations.
Building
Inspector The duly designated building inspector of the Town of Ithaca or
the consultant employed for that purpose.
Building Height. The distance from the surface of the lowest level (floor of a crawl
space, basement floor, slab, or other floor, even if below exterior
grade level) in contact with the ground surface to the highest
Point of the roof, excluding chimneys, antennae or other similar
protuberances.
Building Lot See "Lot".
Cellar A story partly underground but having at least.one-half of its
height below the average level of the adjoining ground. A basement
or cellar shall be counted as a story for tbe purposes of height
regulation.
Cluster A development of residential dwelling units on lots which may be
smaller than permitted. within .the existing zone, but where the
number of dwelling units shall in no case exceed the number
which could be permitted, in the Planning Board,s judgment, if
the land were subdivided into lots conforming to the minimum lot
size and density requirements of the Zoning Ordinance applicable
to the district or districts in which such land is situated and
conforming to all other applicable requirements.
Communitv Center A structure built within a clustered subdivision which may have
recreational or public meeting facilities, and is to be used
primarily by the residents of the clustered subdivision and their
guests.
Comprehensive
Plan A plan prepared by the Planning.Board pursuant to Section 272a
of the Town Law which indicates the general locations recom-
mended for various functional classes of public works,places and
structures and for the general physical development of the Town.
In the Town of Ithaca, the Comprehensive Plan is not a single
document, but includes such diverse elements as; zoning ordi-
nance, subdivision regulations, highway map, water and sewer
master plans, official zoning designation map, consultant reports,
and duly adopted ordinances, laws, resolutions, rules and
regulations that specifically address future Town needs. Also
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known as "Master Plan".
Cul-de-sac A street having one end open to traffic and the other end
permanently terminated by a vehicular turnaround.
Deadend Street A street, similar to a cul-de-sac, but providing no turnaround at
its closed end.
Detached
Dwelling Units Dwelling units which share no common structural building
elements and are constructed on separate building lots.
Driveway A portion of a lot or a right-of-way less than 20 feet wide provid-
ing access to buildings or other structures on one or more lots.
Dwelling Unit A building, or portion of a building, providing complete living
facilities including food preparation area and bath.
Easement A grant by the property *owner. to the public, a corporation, or a
certain person or persons of the use of a strip of land for a
specific purpose.
Engineer The Town Engineer of the Town of Ithaca.
Final Plat The map or plan prepared in .accordance with these regulations'
which is signed by the chairman of Planning Board and filed in
the office of the County Clerk following final subdivision
approval.
Gross Area The amount of land in a subdivision before roads, rights-of-way,
parks, and permanent open space are deducted.
Highway See "street".
Improvements All requirements of these regulations which cause a physical
change to be made to the site and which are reasonably related
to the preservation of the health, safety, and welfare of
community. Such improvements may include, but are not limited
to. all public utilities, roads, sidewalks, landscaping and buff er-
ing,lighting, parkland and recreation equipment,and monuments.
Lot A parcel of land or volume of space.
Lot Area The deed description of a lot with the exception of any portion of
a public highway right-of-way.
Lot Line The property boundary of a lot.
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Master Plan See "Comprehensive Plan".
Multi-Story
Dwelling Units Dwelling units which are built one above another in a single
structure with two or more stories. The separate building lots for
the second and higher dwelling units shall be indicated by three-
dimensional descriptions on the subdivision Plat. This term
includes both dwelling units which are constructed above each
other and also those where some proportion of the higher
dwelling unit or units are constructed adjacent to, as well as
above, the lower dwelling unit or units.
Official I-lap The map established by the Town Board pursuant to Section 270
of the Town Law, showing streets, highways, and other public
proposals theretofore laid out, adopted, and established by law
as well as any amendments adopted by the Town Board or addi-
tions thereto resulting from approval of subdivision plats by the
Planning Board and the subsequent filing of these approved
plats. Also known as the Official Zoning beisignation Map.
Planning Board The Planning Board of the Town of Ithac' a*.:..
Plat The map, plan, drawing or chart on which a s I ubdivider's plan of
subdivision is presented to the-Planning Board for approval; the
Final Plat, if approved, will be submitted to the County Clerk or
registrar for recording.
Primary
Thoroughfare A highway that provides for fast or heavy traffic of considerable
continuity and that is or will be used primarily as a traffic artery
f orinterconnection between areas of concentration. This includes,
but is not limited to, federal, state and county highways and shall
include those streets designated as Primary Thoroughfares on
the Highway Master Plan, if such exists.
Resubdivision A change in the Map 'of an approved or recorded subdivision if
such change affects highway layout shown on such map, or areas
reserved for public use, or any change of a lot line. Resubdi-
vision is included in the word "subdivision"in these regulations.
Semi-Detached
Dwelling Units Dwelling units which share common structural building elements
but which are built on separate building lots.
SEOR New York State Environmental Quality Review Act.
Set Back
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subregs.ze v, wp51 Uth kloca.Ua w, , 031'.13193 11.15ain
Line A line on a plat usually parallel to the center line of the street
between which line and the street line no building or structure
may be erected.
Sketch Plat A sketch of the Proposed subdivision showing the proposed
general layout of streets,lots, or other features that maybe sub-
mi
tted to the Planning Board by the subdivider for informal dis-
cussion and review, on which the Preliminary Plat will be based.
Story The vertical space between a floor and ceiling which in no in-
stance shall be less than the minimum vertical distance required
by any officially adopted fire or building code in the State of New
York. For the purposes of these regulations, multi-level
structures or dwelling units shall be defined as having more than
one story for the purposes of height regulation if the minimum
vertical distance between any floor and the next highest floor
anywhere in the structure or dwelling unit exceeds six (6) feet.
Street A right-of-way at least *20 feet wide,,* dedicated to public use, or
a private right-of-way not less than 20. feet in width serving
more than one ownership, for a primary access to adjacent lands
or subject to public easements,.and whether designated as a
highway, thruway, road, avenue, boulevard, lane, drive, place,
circle or however otherwise designated.
Street
Pavement The surface of the roadway prepared in the manner specified by
Town of Ithaca Highway specifications.
Street Width The width of the right-of-way, measured at right angles to the
center line of the street.
Subdivider Any person, firm, partnership, association, corporation, estate,
trust, or another group or combination acting as a unit,
undertaking the dividing of land so as to constitute a subdivision
as defined herein. This definition includes any agent of the sub-
divider.
Subdivision a) The division of any parcel of land into two or more lots,
Plots, sites or other divisions of land; for immediate or
future use, sale, or transfer.
b) Development in such a way as to create one or more new
streets.
C) Conventional. a subdivision which creates lots meeting all
minimum lot size requirements in which no provision is
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subregs.rev, rvp5l Uth 110callarv, , 03123193 11;15am
made for common ownership of undivided open space in the
subdivision.
Cluster: a subdivision in which lots are smaller than the
minimum size required by ordinance and in which the
remaining area is maintained as permanent open space.
This term includes the creation of, and all changes in,
highway and lot lines, whether or not new building or
development is to occur. Lots over five acres to be used
solely for agricultural purposes are exempted from this
definition. This term includes resubdivision and, when
appropriate to the context, shall relate either to the
process of subdividing or to the land subdivided.
Surveyor A person licensed as a land surveyor by the State of New York.
Town Encrineer The duly designated engineer of the Town of Ithaca or the engi-
neering consultant employed by the Town.-.
Town Planner The duly designated planner for the Town'of Ithaca, or the plan-
ning consultant employed by the*Tow'-n.
Zonia2-1--liala The map included as part of the Zoning Ordinance that designates
land use districts.
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ARTICLE IV
RESERVATION REQUIREMENTS AND SUBDIVISION DESIGN STANDARDS
Section 21. Reservation of Land for Public Facilities.
1. Whenever a subdivider proposes to subdivide land which includes, or appears
to include, all or part of the proposed site for a public facility, the Planning
Board shall submit the plat to the public body responsible for acquiring the
land for the site before approving the preliminary plat of the subdivision. If
this public body determines that the site for the public facility or public
utility should be located within the boundaries of the -proposed subdivision,
then the Planning Board may require the subdivider to reserve land for public
acquisition and shall designate the boundaries of said land. Such reservation
shall be for a period determined by the Planning Board. Upon receipt of a
preliminary plat where a site for a public facility may be involved, the
Planning Board shall transmit a copy of the plat to the public body responsible
for the acquisition of the site.
2. No dedication by the subdivider for an easement or a I.iighway or other public
use shall be shown on a plat unless the Town Board determines to accept such
dedication. When a subdivision is traversed by a water course, drainage way,
channel, stream, or creek, the subdivider,may be required to provide a storm
water easement or drainage right-of-way of sufficient width for-such purpose
and its maintenance, wherever the Planning Board finds such easement desir-
able.
3. Where alleys are not provided or may not be used for that Purpose, easements
not less than 5 feet in width shall be Provided, preferably at the rear of each
lot, for poles, wires, conduits, storm sewers, sanitary sewers, gas lines, water
mains and lines, and other utility purposes as required. In no case shall the
combined widths of the easements on both sides of a rear lot line be less than
10 feet. Additional easements shall be provided where required by the
Planning Board.
Section 2211. Reservations of Parks and Recreational Land.
1. The Planning Board may require that land be reserved within subdivisions for
parks, playgrounds, and other recreational purposes. The amount of land to
be so reserved is normally in the amount of ten (10) percent of the gross area
of the subdivision. The area shall be shown and marked on the final plat
"Reserved for Park. and/or Playground Purposes.,, However, where the
Planning Board determines that a suitable park or parks of adequate size
cannot be properly located in a subdivision, or where such a reservation is
otherwise not appropriate or practical, the Board may require, as condition to
18
subregs.re v, rvp51 Uth UocaUa w, , 03123193 11.15ain
approval of any such plat, a payment to the Town of Ithaca in lieu of land
reservation.
2. Each reservation shall be of suitable size, dimension, topography, and general
character and shall have adequate road access for the particular purposes
envisioned by the Planning Board. In general, land reserved for recreation
purpo ses shall have an area of at least two (2) acres. The Board may require
that the recreation area be located at a suitable place on the edge of the
subdivision so that additional land may be added at such time as the adjacent
land is subdivided. The subdivider may dedicate all such recreation areas to
the Town.
3. Land reserved for use as playgrounds or playfields shall be of a character and
location suitable for such use. This land shall be relatively level and dry and
shall be improved by the subdivider to the standards required by the
Planning Board. A recreation site should have a total frontage on one or more
streets of a least two hundred (200) feet, and no other dimension of the site
should be less than two hundred (200) feet in depth.
4. The provisions of this section are minimum standards..None of the paragraphs
above shall be constructed as prohibiting a subdivider-from reserving other
land for recreation purposes in addition to the requirements of this section.
Section 23. Highway Improvements.
1. All roadways shall be paved and all road signs installed according to the Town
of Ithaca Highway Specifications, copies of which are available in the office of
the Town Engineer. The subdivider shall improve or agree to improve all
highways, alleys, and other ways to provide drainage improvements,all in such
manner as is necessary for the general use of lot owners in ,the subdivision
and to meet local traffic and drainage needs.
2. The arrangement of streets in the subdivision shall provide for the contin-
uation of the principal streets in adjoining subdivisions or for their proper
projection when adjoining property is not subdivided, and shall be of a width
at least as great as that of existing connecting streets or the minimum highway
widths established here. As a general rule the right-of-way of streets shall
not be less than sixty (60) feet. The street arrangement must provide for
reasonable access from adjoining property that has not been subdivided.
3. Street names shall be shown; they shall provide for continuation of the names
of existing streets wherever appropriate; they shall not duplicate the names
of highways elsewhere in Tompkins County. Highway names shall be subject
to the approval of the Planning Board. House numbers shall be assigned by
the Town Engineer.
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4. Alleys shall be Provided along the rear lines of lots intended for commercial or
industrial use, except in the case of developments such as shopping centers
and industrial parks where access to individual establishments will be over
common space on the lot. Alleys shall not be provided for lots intended for
residential use, unless the subdivider produces evidence satisfactory to the
Planning Board of the need therefor.
5. The right-of-way of an alley serving commercial or industrial properties shall
be 20 feet, and that of one serving residential properties shall be 10 feet.
Alley intersections and sharp changes in alignment shall be avoided, but where
necessary, corners shall be rounded at a twenty-foot radius or cut off with an
equivalent chord. Dead-end alleys shall be avoided wherever possible, but if
unavoidable, shall be provided with adequate turnaround or backaround facil-
ities, as determined by the Planning Board.
6. Highway grading and paving shall be required for all highways to be opened
by dedication in the subdivision, but where a frontage road is provided, the
improvement requirement shall apply.only to such frontage road and not to the
through portion of the highway. In addition, highwa**y* grading and paving
shall be required for all highways to be dedicated for frontage roads,
including those abutting or adjacent to existing highways.
7. There shall be a Minimum of 600 feet between intersections on primary thor-
oughfares. Street jogs shall be avoided.. There shall be a minimum of no feet
between the centerlines of highway intersections. Highwayintersections shall
be at right angles as nearly as possible, and no intersections'shall be at an
angle less than 70 degrees. Detailed designs of intersections may be required.
Curb radii at intersections shall not be less than 20 feet and property lines
shall be adjusted accordingly. Side lines of lots, insofar as practicable, shall
be at right angles or radial to street lines.
8. For thoroughfares having a right-of-way width of more than 60 feet, longi-
tudinal profile grades shall be connected by vertical curves of a minimum
length equivalent to 20 times the algebraic difference between the rates of
grade, expressed in feet per hundred. For all other thoroughfares, the verti-
cal curves shall be equivalent to ten times such difference. At any point, the
minimum sight distance shall be 350 feet.
9. Where Provided,*a street with a cul-de-sac shall not exceed 4000 feet in length
and shall be terminated in a turnaround having a property lineradius of not
less than 50 feet. Where a dead end street is dedicated for the purpose of
providing future access to adjacent property, its length shall not exceed 1000
feet. Where any lot has its principal access on such street, the street shall be
terminated in a turnaround or backaround acceptable to the Town Engineer.
10. The minimum right-of-way width shall be 60 feet. Additional rights-of-way may
be specified where deep cuts or fills will be encountered. Where a thor-
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subregs.rev, rvp51 kith klocalla w, , 03123193 11.15am
ouglif are is designated in the Comprehensive Plan as having fully or partially
controlled access, and the subdivider elects to provide a frontage road rather
than back or side lots on the thoroughfare, full right-of-way shall be ded-
icated for the frontage road.
Where.any highway deflects at an angle of ten degrees of more, the minimum
radii of center line curvatures and the minimum lengths of reverse curves
shall be as follows, where not specified in the Comprehensive Plan:
TYPE OF HIGHWAY RADIUS (MIN) TANGENT (MIN)
ramp 100 100
cul-de-sac 50 100
other local streets 140 100
highway 270 200
12. Where a subdivision contains or abuts a thoroughfare*- designated as having
fully controlled access or partially controlled access in the Comprehensive
Plan, the plat shall provide for such control for the. purpose of reducing
traffic hazards by eliminating conflict between local• •traffic entering and
leaving driveways and through traffic. Where a plat includes lots which
directly abut such a thoroughfare, rather than a frontage, the Planning Board
may require the subdivider, by sufficient instrument, to relinquish right of
access to the thoroughfare from such lots. 1
13. The roads in the subdivision shall have no more than the maximum gradients
specified in the Town's Highway Specifications, as amended from time to time.
Section 24. Blocks and Lots
1. Each normal block shall be planned to provide two rows of lots, but irregularly
shaped blocks indented by cul-de-sac streets will be acceptable when properly
designed with an adequate turnaround. The lengths, widths, and shapes of
blocks shall be determined with due regard to the Provision of building sites
suitable to the special needs of the type of uses contemplated, zoning require-
ments as to lot sizes and dimensions, need for convenient access, circulation,
control and safety of highway traffic, solar access and the limitations and
opportunities of topography.
2. Residential blocks shall not be more than 1,500 feet in length, except as the
Planning Board determines necessary to secure efficient use of land or to
achieve desired features of the highway system; measurement of block length
shall be between property lines. In any block over 700 feet long, the Planning
Board may require the subdivider to dedicate and construct a public walkway
transversely across the block. Such walkway shall have a minimum right-of-
21
sub.rags..re v, rVP51 kith klocallcl rj, , 031.73193 11;15am
way of 20 feet, of which at least 8 feet shall be paved. Residential blocks shall
be wide enough to provide two tiers of lots of minimum depth, except where
permitted in Section 23.
3. The area, 'width, depth, and orientation of lots shall be appropriate for the
location of the subdivision and for the type of development permitted by the
Zoning Ordinance or contemplated in the Comprehensive Plan. Except for areas
which have been previously platted as small lots, minimum lot areas and dimen-
sions shall be as established in the Zoning Ordinance, including the approved
plans of the planned development districts. In areas which at the effective
date of these regulations were platted and a map of which has been recorded
in the office of the County Clerk with lots having areas or widths less than
those required by the Zoning Ordinance, the Planning Board may permit the
platting or replatting of lots conforming generally in area and width to
existing lots in the immediate vicinity, but the areas shall not be reduced below
6,000 square feet or the widths below 50 feet.
4. Where any lot is proposed to be served by an individual sewage disposal
system, the minimum dimensions of each lot shall'be determined by the Health
Department. The Health Department may require the subdivider to provide
acceptable percolation tests for lots to be served by individual sewage disposal
systems, except that no such lot shall have an area of less than 30,000 square
feet.
5. Corner lots shall be increased in size whenever necessary so as.to provide that
any structure to be placed thereon shall conform to the Provisions of the
Zoning Ordinance. Lots which are sufficiently large to make possible replat-
ting in the future shall be of such shape to facilitate replatting. Side lot lines
shall be substantially at right angles or radial to street lines. Where a
building setback line is shown on a plat,it shall not be in front of any building
setback line established by ordinance.
Section 25. Solar Access
1. The Planning Board may require subdivisions to be platted so as to preserve
or enhance solar access for either passive or active systems, consistent with
the other requirements of these regulations. Improvement of solar orientation
may be a sufficient consideration,. in the judgment of the Planning Board, to
warrant site plan modifications.
Section 26. Storm Drainage
1. All land development shall be related to the surrounding drainage pattern,
with Provisions made for proper storm drainage facilities. All drainage im-
provements must be acceptable to the Town Engineer. Minimum runoff shall
22
subregs.rev, WPSI kith klocaLlaw, , 031231.93 11.15aM
be determined by the Rational Method or an equivalent formula with conven-
tional runoff factors, using as a minimum a rainfall rate of .5 inches per hour.
In all instances, provisions shall be made for adequate storm drainage and
drainage structures to prevent water from standing on any portion of deadend
streets or cul-de-sacs.
2. Diversion of storm flow shall be avoided, wherever possible. If storm water is
to be diverted from its natural course, the constructions plans shall include.
a) A sketch showing the existing waterway and the location of the proposed
channel change;
b) Profile of existing water course;
C) Provisions for the prevention of soil erosion and silting, such as
sodding and paving, in open water courses.
3. Where an underground drainage system is installed, emergency surface drain-
age overflows shall be provided to prevent possible flboding'in the event of
failure of the underground drainage system.
4. In developments with an average .grade of seven percent or more, detention
ponds, check
dams or other structures shall be provided to reduce the veloc-
ity of storm runoff. Riprapping shall b.e required in areas designated by the
Town Engineer.
Section 27. Water Supply and-Sanitary Sewerage
1. When connections are to be made immediately to a community water system or
public water supply, water lines shall be installed to serve each lot in the
subdivision prior to the application for acceptance of the streets or rights-of-
way. Where such connection to said system is not to be made immediately, but
is contemplated within five years, plans shall be prepared for future
installation of a water distribution system to serve each lot, and those parts
of such system which will be in the paved portion of streets and alleys shall
be installed before the streets and alleys are paved. Plans for water systems
shall conform in all respects to the standards for the design of water systems
of the New York State Department of Health and New York State Department of
Environmental Conservation and shall be subject to the approval of the Town
Engineer, the Southern Cayuga Lake Intermunicipal Water Commission,and the
Tompkins County Health Department.
2. When connections are to be made immediately to a community disposal system
or public sewer system, sanitary sewers shall be installed to serve each lot in
the subdivision prior to the application for acceptance of streets or rights-of-
way. Where such connection to said system is not to be made immediately, but
is contemplated within five years, plans shall be prepared for future develop-
23
subregs.rev, NrP51 \ith 110ca11aw, , 03123193 11:15am
ment and installation of a sewerage system to serve each lot, and those parts
of such system which will be in the paved portion of streets and alleys shall
be installed before the streets or alleys are paved. Plans for sewer systems
shall conform in all respect to the standards for the design of sanitary sewer
facilities:.of the New York State Department of Health and New York State
Department of Environmental Conservation and be subject to the approval of
the Town Engineer and the Tompkins County Health Department.
Section 28. Survey Monuments
1. Concrete monuments, the specifications of which are hereinafter set forth,
shall be set in each subdivision. At least two reference ties shall be estab-
lished in the most permanent manner possible, to the exterior corners of the
lot finally platted. The markers and ties shall be shown on each final plat of
all subdivisions. The monuments shall be placed normally on block corners or
points of curve and shall be no more than 1,000 feet apart.
2. The monuments shall be constructed of reinforced concrete' (3000 psi in 28
days) and have no fewer than two no. 3 deformed bars in them, evenly spaced.
The monuments shall be six inches in diameter and 36*inches in length. Each
monument shall have a cross case in the top center or a*copper rod extending
4 inch above the concrete. All such monuments may be precast or cast in the
hole. It shall be the responsibility of the developer to maintain the monuments
on all unsold lots.
Section 29. Underground Wires and Cables
1. Wires and cables providing local utility and similar services (including but not
limited to, electric, telephone, cable television, and street lighting) in
residential subdivisions shall be placed underground.
Section 30. Phased Developments
1. In large, phased developments, a sequential installation of utilities and im-
provements shall be made in accordance with an agreement satisfactory to the
Town Planner, Town Engineer and Town Attorney. The phasing agreement shall
provide for the maintenance of existing roads and utilities.
24
subregs.z-ev, WP51 Uth Uocallaw, , 03123193 11.15a112
ARTICLE V
RULES AND REGULATIONS FOR CLUSTERED SUBDIVISIONS
Section 31. J�Jjnimum Gross Area
1. The minimum gross area for any clustered subdivision proposal shall be five
acres. Clustered subdivisions are permitted only in any residential district of
the Town of Ithaca. Agricultural lands must first be rezoned to a residential
designation before a clustered subdivision plan may be brought before the
Planning Board for review. The Planning Board may not require a subdivider
to prepare a cluster plan for lands in an Residence District R9.
2. The area of the subdivision required to be reserved by the developer for open
space shall not be more than ten percent of the gross area, and shall contain
in any event a parcel with an open area of at least 10,000 square feet.
3. At the time of preliminary approval, i't shall be determined whether or not the
subdivision to be considered shall be a clu.ster desigi-.i. When the subdivider
presents to the Planning Board a traditional subdiv'ision plan, the Planning
Board may approve a preliminary plat fora give n-n u mbe-g-.of units, contingent
upon all or part of those units being clustered*in a final plat acceptable to the
Planning Board.
4. When the subdivider proposes to develop a portion of the property as a tradi-
tional subdivision and a portion as a clustered subdivision, the Planning Board
may approve, modify and approve, or disapprove the proportions of the
project and locations which shall be developed traditionally or being clustered.
5. In the event the Planning Board approves a traditional subdivision plan at the
preliminary subdivision hearing, the subdivider shall have the option of
submitting.. a cluster plan prior to final plat approval. In this case, the
Planning Board shall schedule a public hearing prior to final subdivision
approval in order to consider the cluster proposal.
Section 32. Number of Dwelling Units Permitted
1. The number of dwelling units permitted in a clustered residential subdivision
may in no case exceed the number otherwise permitted, in the Planning Board's
judgment, by the applicable sections of the Town of Ithaca Zoning Ordinance.
The Planning Board may restrict the subdivider to a lesser number of dwelling
units if, in the Planning Board's judgment, particular conditions of the site
warrant such restriction. Notwithstanding the foregoing, the density of
dwelling units in a clustered development shall not exceed 3.5 dwelling units
per gross acre in a Residence District R15 or 2.3 dwelling units per gross acre
25
subregs-rev, rvp51 Uth%locaUarv, , 03123193 11.15am
in a Residence District R30.
2. To determine the number of dwelling units permitted to be clustered pursuant
to Section 281, the Planning Board may require the subdivider, as part of the
sketch plat review process, to prepare a conventional subdivision plat which
meets.all standards of the Zoning Ordinance, subdivision regulations,and Town
of Ithaca highway and open space regulations.
3. The Planning Board may exclude areas from the sketch plat which, in its opin-
ion, are unsuitable for construction of the proposed housing because of exces-
sive slopes, poor drainage, or other considerations which may be injurious to
the health, safety, and welfare of the community.
4. Considerations which the Planning Board may use in order to limit the number
of dwelling units or lots.which may be developed in any clustered subdivision
include but are not limited to:
a) will such a development be substantially and materially injurious to the
ownership, use and enjoyment of other property in the vicinity or
neighborhood;
b will such a development impede the orderly development of land in the
vicinity or neighborhood, and will such use be appropriate in appear-
ance and in harmony with the existing- or intended character of such
land in the vicinity or neighborhood;
C) will the street system and off-street parking facilities handle the
expected traffic in a safe and efficient manner and not place an undue
burden on existing roads;
d) will the natural surface drainageways continue to work effectively;
e) are water and sewerage or waste disposal facilities adequate;
f) is the environmental quality of the proposal, in terms of site planning,
design, and landscaping, compatible with the character of the neighbor-
hood;
g) are lot area, access, parking, and loading facilities sufficient for the
proposed activities;
11) what effect will the density of such clustered construction and use have
on the appearance and maintenance of open spaces in a neighborhood.
5. The number of units allowed in any clustered subdivision shall not exceed the
number determined by the Planning Board as shown on the sketch plat. The
Planning Board may allow the subdivider to cluster the permitted number of
�26
subregs-rev, rVP51 Uth UocaUaw, , 03123193 11:154M
dwelling units in detached, semi-detached,attached, or multi-story structures.
6. No more than six semi-detached, attached, Or multi-story dwelling units shall
be permitted to be clustered in any one structure, nor shall that structure be
more than three stories high, including the basement or cellar. Distances
between structures in the clustered subdivision shall be no less than thirty
(30) feet. No building shall be more than three stories. In any event, no
building shall be more than thirty-four (34) feet in height.
Section 33. Buffer Zone Requirement
1. Buffer zones shall be at least thirty (30) feet wide between the buildings in a
clustered subdivision and the boundary of adjacent property in residential,
public use, and agricultural zoning districts, and at least twenty (20) feet wide
between the buildings in a clustered subdivision and the boundary of adjacent
property in commercial,industrial, or other zoning districts. Parkland deeded
to the Town of Ithaca pursuant to these subdivision regulations shall be
provided with a separation from the'.nearest building:'of at least twenty (20)
feet. The Planning Board may require a buffer at least forty (40) feet wide
between the edge of the pavement of any 'public'
-:xoad in a clustered
subdivision and any adjoining property. Notwitl�standin'g. the foregoing, the
Planning Board may require a buffer of at least one hundred and twenty five
(125) feet betvieen a community center -and the boundary of adjacent
properties in any zoning district. The Planning Board may also, at its
discretion, require the subdivider to provide adequate landscaping within the
buffer area. Parking shall be forbidden in the buffer area.
Section 34. Regulation of Exterior Characteristics
1. The Planning Board may, in the course of subdivision plat review,regulate the
exterior characteristics of any proposed structures or uses in order that the
development shall be, in the judgment of the Planning Board, compatible with
the surrounding community. Factors which may be considered in this
judgment include, but are not limited to:
a) the view to be afforded present owners of private property, or legal
users of public property, in the vicinity- of the proposed clustered
subdivision after construction of the project;
b) the description and nature, including size, shape, color of materials to
be used in the proposed structures and other areas;
C) ambient noise incidental to the normal activity in the project, as
presented, or extraordinary noise incidental to the construction of the
project;
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subregs.re v, WP51 kith kloca.Ua w, , 03123193 11.15am
d) the phasing plan proposed by the subdivider, if the development is to
be built in stages;
2. ALL chimneys, lightning rods, radio and television antennae, passive or active
solar collectors, or other similar appendages or structures or facilities which
may be permitted in the clustered subdivision shall be detailed in the subdivi-
sion Plat, map or other documents. These details shall be noted in the condi-
tions of final approval and must be made available to all prospective buyers of
Property in the subdivision. The Planning Board may require a subdivider to
provide a master antennae or provide cable television service for the develop-
mentif,in the Board's opinion, the location of the Proposed development would
make the use of separate antennae by individual homeowners unsightly or
impractical.
Section 35. Restriction of Unrelated Persons
1. As a condition of approval of a clustered subdivision.pla'n, the Planning Board
may restrict or require the restriction of the number of-unrelated persons who
may be allowed to live in any dwelling unit or in the clustered development as
a whole to a number less than that permitted by the':-Zoning Ordinance,
irrespective of any subsequent revisions. -These restrictions may be made
conditions of preliminary or final appro'val or-placed on the subdivision plat
or included in the approval of any homeowners' agreements,co
venants and
bylaws, open space agreements, and/or similar documents subject to the final
approval of the Town Board. No Certificate of Occupancy or Compliance shall
be issued for any building or duelling unit in a clustered subdivision unless
the Building Inspector has received written assurance that the owner
understands that he must abide by the terms and conditions regulating the
number of unrelated persons permitted to live in the dwelling unit.
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ARTICLE VI
PRELIMINARY AND FINAL SUBDIVISION PLAT REQUIREMENTS
Section 36. Preliminary Plat Checklist
1. A preliminary plat with the following information must be filed in the office of
the Town Planner or Town Planner's designee at least twenty (20) business
days prior to the Planning Board meeting at which time preliminary approval
is requested.
Four dark-line prints of improvement plans and information if improvements
are required.
Four dark-line prints of the proposed plat.
Fully completed Environmental Assessment Forms, with comments from the
Tot-in Engineer or Town Planner indicating whether the Proposed subdivision
is a Type I, Type II, or Unlisted action and indicating- 4 recommendation for
negative or Positive declaration of environmental impacts
General layout, including lot lines with dimensions; block and lot numbers-'
highway and alley lines, with 60 feet wide highway rights-of-way; areas to be
reserved for use in common by residents of the subdivision; sits for nonres-
idential, non-public uses; easements for utilities, drainage, or other purposes;
and building setback lines, with dimensions.
General layout of the proposed highways, blocks, and lots within the proposed
subdivision. Tentative highway names.
Key map, when more than one sheet is required to present plat.
Contour intervals, to USGS datum, of not more than two feet when the slope is
less than four per cent and not more than five feet when the slope is greater
than four per cent.
Cultural features within and immediately adjacent to the proposed subdivision,
including platted lots, highway improvements, bridges, culverts, utility lines,
pipelines, power transmission lines, other significant structures, parks,
wetlands, critical environmental areas, and other significant features.
Date of Plat.
Direction Of flow of all water courses. Drainage area above point of entry for
each water course entering or abutting the tract.
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subregs.rev, rvP51 kith klocallaw, , 03123193 11.15ain
Location and description Of all section line corners and government survey
monuments in or near the subdivision, to at least one of which the subdivision
shall be referenced by true courses and distances.
Location, name, and dimensions of each existing highway and alley and each
utility, drainage, or similar easement within, abutting, or in the immediate
vicinity of the proposed subdivision.
Map Scale (1"=50' or I"=1001) and north point.
Name of planner, architect, engineer, land surveyor, landscape architect, or
other person who prepared the sketch plat or preliminary plat.
Name of subdivision, which shall not duplicate the name of any other
subdivision in the county.
Name of town, county, and state.
Name(s) and address(es) of the owner(s).
Name(s) and address(es) of the subdivider(s), .if'the subdivider(s) is(are) not
the owner(s).
Names and addresses of o;.,Tners of all Parcels abutting the proposed
subdivision.
Names of recorded subdivisions abutting the Proposed subdivision.
Natural features within and immediately adjacent to the Proposed subdivision,
including drainage channels, bodies of water, wooded areas, and other
significant features. Identification of areas subject to flooding as indicated
on HUD Flood Boundary Maps, Wetlands Maps.
Restrictive covenants, if any.
Vicinity Map showing the general location of the property, 1"=1000, or I"=2000'.
Width at building line of lots located on a curve or having non-parallel side,
lines, when required by the Planning Board.
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Section 37. Form of Final Plat
1. A final plat with the following information must be filed in the office of the
Town Planner or Town Planner's designee at least twenty (20) business days
prior to the Planning Board meeting at which time final approval is requested.
Four dark-line prints of the proposed plat.
Fully completed Environmental Assessment Forms, with comments from the
Town Engineer or Town Planner indicating whether the proposed subdivision
is a Type I, Type II, or Unlisted action and indicating a recommendation for
negative or positive declaration of environmental impacts.
Highway and alley boundary or right-of-way lines, showing boundary, right-
of-way or easement width and any other information needed for locating such
lilies; Purposes of easements.
Highway center lilies, showing angles of deflectiol!"r- angles of intersection,
radii, lengths of tangents and arcs, and degreq-of curvature, with basis of
curve data. Lengths and distances shall be to the nearest one hundredth foot.
Angles shall be to the nearest half minute.
Highway names.
Key map, when more than one sheet is required to present plat.
Accurate locations and descriptions of all subdivision monuments.
Accurate outlines and descriptions of any areas to be dedicated or reserved
for public use or acquisition, with the purposes indicated thereon; any areas
to be reserved by deed covenant for common uses of all property owners in the
subdivision.
Borderlines bounding the sheet,one inch from the left edge and one half inch
from each of the other edges; all information, including all plat lines, lettering,
signatures, and seals, shall be within the border lines.
Building setback- lines with dimensions.
Date of Plat.
Exact boundary lines of the tract,indicated by a heavy line, giving dimensions
to the nearest one hundredth foot, angles to the nearest one-half minute, and
at least one bearing; the traverse shall be balanced and closed with an error
of closure not to exceed one to two thousand; the type of closure shall be
noted.
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s ubre gs..re v, tvp5l \ith\localla w, , 03123193 11.41 am
Location and description of all section line corners and government survey
monuments in or near the subdivision, to at least one of which the subdivision
shall be referenced by true courses and distances.
Location, name, and dimensions of each existing highway and alley and each
utility, drainage, or similar easement within, abutting, or in the immediate
vicinity of the proposed subdivision.
Location of the property by legal description, including areas in acres or
square feet. Source of title, including deed record book and page numbers.
Lot lines, fully dimensioned, with lengths to the nearest one-hundredth foot
and angles or bearings to the nearest one-half minute.
I-lap Scale (1"=50' or 1"=100') and north point.
Mortgagor's certificate: certificate signed and sealed ,by the mortgagor(s), If
any, to the 'effect that he consents to the.plat ailid the dedications and re-
strictions shown on or referred to on the plat.
Name of subdivision, which shall not duplicate the' name of any other
subdivision in the county.
Name of town, county, and state.
Name(s) and address(es) of the owner(s).
Name(s) and address(es) of the subdivider(s),if the subdivider(s) is (are) not
the owner(s).
Name and seal of the registered land surveyor or engineer who prepared the
topographic information. Date of survey.
Name and seal of registered land surveyor who made the boundary survey.
Date of the survey.
Names and add I resses of owners of all parcels abutting the proposed
subdivision.
Names of recorded subdivisions abutting the proposed subdivision.
Owner's certificate: a certificate signed by the owner(s) to the effect the
he(they) owns the land, that he has caused the land to be surveyed and
divided, and that he makes the dedications indicated on the plat.
Certification signed by the chairman or other designated official or agent of
the Planning Board to the effect that the Plat was given preliminary approval
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subregs.rev, IIP51 Uth\IocaUaw, , 03123193 11.41ain
by the Planning Board.
Reference on the plat to any separate instruments, including restrictive
covenants, which directly affect the land in the subdivision.
Surveyor's certificate: certificate signed and sealed by a registered land
surveyor to the effect that (1) the plat represents a survey made by him, (2)
the plat is a correct representation of all exterior boundaries of the land
surveyed and the subdivision of it, (3) all monuments indicated on the plat
actually exist and their location, size and material are correctly shown,and (4)
the requirements of these regulations and New York State laws relating to
subdividing and surveying have been complied with.
Tax and assessment certificate: a certificate signed by the county
treasurer and other officials as may be appropriate, to the effect that
there are no unpaid taxes due on the land being subdivided and payable
at the time of plat approval and.no unpaid speciaLassessments, and that
all outstanding taxes and special assessments -.h'ave been paid on all
property dedicated to public use.
The blocks are numbered consecutively throughout the subdivision and the
lots are numbered consecutively throughout each block.
The original or mylar copy of the plat to be recorded and -four dark-line
prints, on one or more sheets.
Two copies of the County Health Department approval of the water supply
and/or sewerage system.
Vicinity Map showing the general location of the property, I"=1000'or 1"=2000'.
Width at building line of lots located on a curve or having non-parallel side
lines, when required by the Planning Board.
33
subregs.rev, r.,rp5l Uth Uocallarv, , 03123193 11.41am
Section 38. Improvement Plans and Related Information
1. Where improvements are required for a proposed subdivision, the following
documents shall be submitted to the Planning Board:
Detailed construction plans and specifications for water lines, including
locations and descriptions of mains, valves, hydrants, appurtenances, etc.
Detailed construction plans, profiles, and specifications for sanitary sewers
and storm drainage facilities, including locations and descriptions of pipes,
manholes, Lift stations, and other facilities.
Highway paving plans and specifications.
The estimated cost of:
a. grading and filling,
b. culverts, swales and other storm drainage*facilities,
C. sanitary sewers,
d. water lines, valves, and fire hydrants,
e. paving, curbs, gutters, and sidewalks,
any other improvements required by these regulations,
The plan and profile of each proposed highway in the subdivision, with grade
indicated, drawn to a scale of one inch equals 50 feet horizonttd, and one inch
equals 5 feet vertical, on standard plan and profile sheets. Profiles shall show
accurately the profile of the highway or alley along the highway center line
and location of the sidewalks, if any.
34