HomeMy WebLinkAboutLL 05 of 2013 Revise Cluster Subdivision Regulations TOWN OF ITHACA
LOCAL LAW NO. 5 OF THE YEAR 2013
A LOCAL LAW AMENDING THE TOWN OF ITHACA CODE, CHAPTER 234
ENTITLED "SUBDIVISION OF LAND", REGARDING CLUSTER SUBDIVISIONS
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. Chapter 234 (Subdivision of Land), Article V (Rules and Regulations
for Clustered Subdivisions) of the Town of Ithaca Code, §234-32 titled "Number of
dwelling units permitted"is amended as follows:
A. Delete the last sentence of subsection A and replace it with a new
sentence reading as follows:
"In addition, the density of dwelling units in a clustered
development shall not exceed 3.5 dwelling units per gross acre in a
Medium Density Residential Zone or 2.3 dwelling units per gross
acre in a Low Density Residential Zone."
B. In subsection B, replace "§ 281"with the phrase "Town Law § 278".
C. Delete subsection F and replace it with a new subsection F reading as
follows:
"No more than six semidetached, attached, or multistory dwelling
units shall be permitted to be clustered in any one structure."
Section 2. Chapter 234 (Subdivision of Land), Article V (Rules and Regulations
for Clustered Subdivisions) of the Town of Ithaca Code, §234-33 titled "Buffer zone
requirement"is amended by deleting § 234-33 in its entirety and replacing it with a new §
234-33 reading as follows:
"§234-33. Buffer zone requirement.
Buffer zones shall be at least 30 feet wide between the buildings in a clustered
subdivision and the boundary of adjacent lots in residential, conservation, or
agricultural zoning districts, and at least 20 feet wide between the buildings in a
clustered subdivision and the boundary of adjacent lots 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 20 feet. The Planning Board may require a buffer at least 40
feet wide between the edge of the pavement of any public road in a clustered
subdivision and any adjoining lot. Notwithstanding the foregoing, the Planning
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Board may require a buffer of at least 125 feet between a community center and
the boundary of adjacent lots 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 3. Chapter 234 (Subdivision of Land), Article V (Rules and Regulations
for Clustered Subdivisions) of the Town of Ithaca Code, §234-34 titled "Regulation of
exterior characteristics" is amended as follows:
A. Delete the title and replace it with the title "Building placement and
design".
B. Reletter subsection "A" as subsection "E", delete subsection B, and
add new subsections A through D reading as follows:
"A. Building placement: general.
(1) Location of structures and other improvements must
place the highest priority on the preservation of
environmentally sensitive areas and agricultural
uses.
(2) Buildings in a cluster should be grouped as closely
as possible to use the site efficiently and to
maximize common open space.
(3) Staggered front setbacks or random building
placement in a cluster of buildings that face a
common courtyard is discouraged.
B. Building spacing.
(1) Distance between principal structures:
(a) Side to side: 10 feet minimum.
(b) Otherwise: 40 feet minimum.
(2) Distance between principal and accessory
structures, and between accessory structures: 5 feet
minimum.
C. Building setbacks. Building envelopes (areas that
designate where buildings may be placed) must be included
on the preliminary and final plats. Building envelopes do
not have to conform to setback requirements in the
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underlying zoning district, but must conform to stream
setback requirements in Chapter 270, Zoning, and to the
buffer zone requirements in § 234-33 above.
D. Building height. Building height must conform to the
height requirements for the underlying zoning district as set
forth in Chapter 270, Zoning."
Section 4. Chapter 234 (Subdivision of Land), Article V (Rules and Regulations
for Clustered Subdivisions) of the Town of Ithaca Code, §234-35 titled "Restriction of
unrelated persons" is deleted in its entirety.
Section 5. 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.
Section 6. This local law shall take effect immediately upon its filing with the
New York Secretary of State.
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