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HomeMy WebLinkAboutPB Minutes 1993-03-02u J TOWN OF ITHACA PLANNING BOARD FILED TOWN OF Date .rI /� MARCH 2, 1993 The Town of Ithaca Planning Board met in regular session on Tuesday, March 2, 1993, in Town Hall, 126 East Seneca Street, Ithaca, New York, at 7:30 p.m. PRESENT: Chairperson Carolyn Grigorov, Robert Kenerson, Virginia Langhans, Herbert Finch, Candace Cornell, Dan Walker (Town Engineer), Floyd Forman (Town Planner), George Frantz (Assistant Town Planner), John Barney (Town Attorney). ALSO PRESENT. Steve Willett, Erin Ferguson, Kristine Stannard, Chris Muller, Jim Hilker, Bob Beck, John Wertis, Bob Drake, Walter Wiggins, Chairperson Grigorov declared the meeting duly opened at 7:40 p.m. and accepted for the record the Clerk's Affidavit of Posting and Publication of the Notice of Public Hearings in Town Hall and the Ithaca Journal on February 22, 1993, and February 25, 1993, respectively together with the Secretary's Affidavit of Service by Mail of said Notice upon various neighbors of each of the properties under discussion, as appropriate, upon the Clerks of the City of Ithaca and Town of Enfield, upon the Tompkins County Commissioner of Planning, upon the Tompkins County Department of Public Works, upon the Tompkins County Assessment Department, and upon the applicants and /or agents, as appropriate, on March 2, 1993. Chairperson Grigorov read the Fire Exit Regulations to those assembled, as required by the New York Department of State, Office of Fire Prevention and Control. AGENDA ITEM: PERSONS TO BE HEARD. There were no persons present to be heard. Chairperson Grigorov closed this segment of the meeting. NAL F TOWN OF ITHACA PLANNING BOARD FILED TOWN OF Date .rI /� MARCH 2, 1993 The Town of Ithaca Planning Board met in regular session on Tuesday, March 2, 1993, in Town Hall, 126 East Seneca Street, Ithaca, New York, at 7:30 p.m. PRESENT: Chairperson Carolyn Grigorov, Robert Kenerson, Virginia Langhans, Herbert Finch, Candace Cornell, Dan Walker (Town Engineer), Floyd Forman (Town Planner), George Frantz (Assistant Town Planner), John Barney (Town Attorney). ALSO PRESENT. Steve Willett, Erin Ferguson, Kristine Stannard, Chris Muller, Jim Hilker, Bob Beck, John Wertis, Bob Drake, Walter Wiggins, Chairperson Grigorov declared the meeting duly opened at 7:40 p.m. and accepted for the record the Clerk's Affidavit of Posting and Publication of the Notice of Public Hearings in Town Hall and the Ithaca Journal on February 22, 1993, and February 25, 1993, respectively together with the Secretary's Affidavit of Service by Mail of said Notice upon various neighbors of each of the properties under discussion, as appropriate, upon the Clerks of the City of Ithaca and Town of Enfield, upon the Tompkins County Commissioner of Planning, upon the Tompkins County Department of Public Works, upon the Tompkins County Assessment Department, and upon the applicants and /or agents, as appropriate, on March 2, 1993. Chairperson Grigorov read the Fire Exit Regulations to those assembled, as required by the New York Department of State, Office of Fire Prevention and Control. AGENDA ITEM: PERSONS TO BE HEARD. There were no persons present to be heard. Chairperson Grigorov closed this segment of the meeting. PUBLIC HEARING: CONSIDERATION OF PRELIMINARY AND FINAL SUBDIVISION APPROVAL FOR THE PROPOSED SUBDIVISION OF TOWN OF ITHACA TAX PARCELS NO. 6- 59 -1 -9 AND 6-•59 -1 -101 0910 + /- AND 0.14 + /- ACRES TOTAL RESPECTIVELY, TO FORM TWO (2) NEW LOTS, LOCATED ON VINE STREET BACKLOT OF WORTH STREET AND PEARL STREET (IN THE CITY OF ITHACA),. RESIDENCE DISTRICT R -9. STEVEN B. AND LOIS S. WILLETT, OWNERS /APPLICANTS. Chairperson Grigorov declared the Public Hearing in the above - noted matter duly opened at 7 :40 p.m. and read aloud from the Notice of Public Hearings as posted and published and as noted above. ® Planning Board 2 March 2, 1993 Steven Willett addressed the Planning Board stating that he and his wife Lois, understood that there were four lots when they bought the property. The front two lots on Pearl Street the Willett Is plan to keep for themselves. The two back lots are being considered for sale. The City already has the parcels listed as two. The Willetts want to divide the land into two tax parcels, one half in the City and the other half in the Town. The Willets own on Miller Street: and Vine, while residing on Cobb Street. There are no homes on the proposed land, just a garden. There is a house on Worth Street. Planning Board member Bob Kenerson asked Mr. Willett if there was a deed for the two 50 foot lots. Mr. Willett responded that the two lots were deeded and legal. Chairperson Grigorov stated that this was a public hearing and asked if anyone from the public wished to speak or had any questions. Jim Hilker addressed the Board stating that they had already gone to the Zoning Board of Appeals and received special approval to build on this lot. The Zoning Board of Appeals suggested that Mr. Hilker obtain a letter from Norbert Shickel to convey access to ® the purchasers of the small parcel at bottom of the map at Vine and Worth Streets if subdivision is approved, to present to the Planning Board. A letter from the City Planning and Development Board recognizes this parcel as left -over of Miller Street, which is really not a road, but private property which will be adequate to access onto Pearl and Miller Street. A variance from the City is needed by Mr. Hilker because he does not have the proper permits. The City is willing to relinquish responsibility of the lot in question if the Town will relinquish their part on the other parcel which would then front on Pearl and Miller Streets. Assistant Town Planner George Frantz stated that the Town would take jurisdiction of the lot that would front on Worth Street, then grant jurisdiction to the City in terms of Building Permits for the lot that would front on Miller Street. The lot on Pearl and Vine Street has to go for appeal for the City for variance approval. Town Engineer Dan Walker stated to Mr. Hilker to be careful with the letter received from Mr. Schickel. Chris Muller, residing at 207 Cobb Street has a purchase offer pending on Vine Street. Mr. Muller would end Vine Street as a ® driveway and would be able to save as many poplar trees as possible. Mr. Muller has cleared away nothing but brush for the backyard, to save poplar, locust, walnut and cherry trees. Planning Board member Virginia Langhans asked how many feet 0 I, Planning Board M from the front of the house to the street. Mr. Muller stated that there would be 29 feet house. From the Southeast corner would be 36 feet House on Worth Street is the closest house to the March 2, 1993 in front of the from the edge. property. Mr. Frantz heard that there may be an easement. Mr. Muller stated yes. Mr. Frantz asked if Miller Street would have access across Mr. Muller's lot. Mr. Muller responded no, there would not be access. Mr. Muller is buying just the southerly piece of property. John Barney Town Attorney stated that Mr. Muller is asking to subdivide and create within the Town of Ithaca a landlocked parcel with no access at all, until the City Board of Zoning takes action to authorize the use of the property with access to Pearl Street. There is not clear right to passage to Miller Street. Attorney Barney stated that the Town does not normally grant subdivision approval to lots that you cannot construct on. Must impose some conditions with respect to construction activity until the appropriate authorities have acted in the City to provide legal access to the landlocked parcel. Town Planner Floyd Forman stated that the condition is that a variance is needed from the City prior to issuing the building permit from the Town. Attorney Barney asked if would it be possible to create an easement that would run all the way to the North line of the Southerly lot. The easement would remain in effect until such time as a right be granted by the City to use this lot as a building lot with frontage on Pearl Street. Mr. Barney also asked about the additional easement from Schickel that would go south to Mitchell Street in addition to the forementioned easement that would go from Vine to Worth Street. Mr. Frantz stated that the easement reaching southerly to Mitchell Street was the third condition set by the Zoning Board of Appeals. end decision Mr. Forman asked if Mr. Hilker has the right of passage over Mitchell Street, the only problem being the area treated as no man's land, but now there is passage from the edge of the new property to Mitchell Street. Mr. Hilker responded that he felt that was also Attorney Hines intention. Attorney Barney stated that at the Zoning Board of Appeals meeting the end decision was that the easement was to go to ® Planning Board 4 March 2, 1993 Mitchell Street to relieve any question ove of land between the end of Worth Street and Worth Street ends legally at the City /Town of Appeals stated that if an easement is Street that would satisfy them. r the title of the chunk where the line begins. line. The Zoning Board put in from Mitchell There appearing to be no further discussion, Chairperson Grigorov asked if anyone were prepared to offer a motion. MOTION by Robert Kenerson, seconded by Candace Cornell: WHEREAS: 10 This action is the Consideration of Preliminary and Final Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcels No. 6- 59 -1 -9 and 6- 59 -1 -10, 0.10 + /- and 0.14 + /- acres total respectively, to form two (2) new lots, located on Vine Street backlot of Worth Street and Pearl Street (in the City of Ithaca), Residence District R -9, and 2. This an Unlisted Action for which the Town of Ithaca Planning Board is legislatively determined to act as Lead Agency in environmental review with respect to Subdivision Approval, and the Town of Ithaca Zoning Board of Appeals is legislatively determined to act as Lead Agency in environmental review with respect to any required variances, and 3. The Planning Board, at a Public Hearing held on February 16, 1993, has reviewed and accepted as adequate the Short Environmental Assessment Form Part I prepared by the applicant, a Part II prepared by the Town planning staff, a subdivision plat entitled "lands of Steven and Lois Willett, Town of Ithaca and City of Ithaca, Tompkins County, NY" prepared by R. James Stockwin, L.S. and dated January 27, 1993, and other application materials, and 4. The Town planning staff has recommended a negative determination of` environmental significance with respect to the proposed site plan, as proposed, NOW, THEREFORE, BE IT RESOLVED: That the Town of Ithaca Planning Board hereby makes a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act for the above reference action as proposed and, therefore, and Environmental Impact Statement will not be required. There being no further discussion, the Chair called for a vote. r ]i n • Planning Board 5 March 2, 1993 Aye - Grigorov, Kenerson, Langhans, Finch, Cornell. Nay - None. The Motion was declared to be carried unanimously. MOTION by Herbert Finch, seconded by Virginia Langhans: WHEREAS. 1. This action is the Consideration of Preliminary and Final Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcels No. 6- 59 -1 -9 and 6- 59 -1 -10, 0.10 + /- and 0.14 + /- acres total respectively,, to form two (2) new lots, located on Vine! Street backlot of Worth Street and Pearl Street (in the City of Ithaca), Residence District R -9, and 2. The Planning Board, at a Public Hearing held on March 2, 1993, has reviewed and. accepted as adequate the Short Environmental Assessment Form Part I prepared by the applicant, Parts II and III prepared by the Town planning staff, and a subdivision plat entitled "Lands of Steven and Lois Willett, Town of Ithaca and City of Ithaca, Tompkins County, NY" prepared by R. James Stockwin, L.S. and dated January 27, 1993, and other application materials, and 3. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as lead agency in environmental review with respect to Subdivision Approval, has, on March 2, 1993, made a negative determination of environmental significance, and 4. The Town of Ithaca Zoning Board of Appeals, at a Public Hearing held on February 10, 1993, granted, with conditions, a variance from Article III, Sections 7 and 9 of the Town of Ithaca Zoning Ordinance for the lot identified on the submitted plat as "proposed New Parcel 11,124 Sq. Ft. Total," to allow for the construction of a single - family residence. NOW, THEREFORE, BE IT' RESOLVED: 1. That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary and Final Subdivision Approval, as shown on the Preliminary and Final Subdivision Checklist, having determined from the materials presented that such waiver will result in neither a significant alteration or the purpose of subdivision control nor the policies enunciated or implied by the Town Board. 2. That the Planning Board hereby grants Preliminary and Final Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcels No. 6- 59 -1 -9 and 6- 59 -1 -10, 0.10 + /- and 0.14 + /- acres total respectively, to form two (2) new lots, I LJ • 0 Planning Board 0 March 2, 1993 located on Vine Street backlot of Worth Street and Pearl Street (in the City of Ithaca), as shown on the subdivision plat entitled "Lands of Steven and Lois Willett, Town of Ithaca and City of Ithaca, Tompkins County, NY" prepared by R. James Stockwin, L.S. and dated January 27, 1993 subject tot he following conditions being met prior to the signing of the Certificate of Approval by the Chair of the Planning Board: a. revision reference of the submitted the subdivision subdivision plat by true course to and distances to at least one section line corner or government survey monument in or near the subdivision, of Ithaca per Article VI, Subdivision Regulations, Sect. 37 of the Town be revision of the submitted subdivision plat to show any easement or easements across the lot identified on the submitted plat as "Proposed New Parcel, 11,124 Sq. Ft.," between Worth Street and the lot identified on the submitted plat as "Proposed New Parcel, 13,401 Sq. Ft.," ce revision of the submitted subdivision plat to provide for a 30 ft. setback from the east property boundary of the lot identified on the submitted plat as "Proposed New Parcel, 11,124 Sq. Ft.," do submission by the applicant of proof acceptable to the Town Attorney that the lot identified on the submitted plat as "Proposed New Parcel, 13,401 Sq. Ft.," has legal access to Miller Street in the City of Ithaca, and that the lot is a buildable lot under the City of Ithaca Municipal Code. e. Compliance with any required variances by the Town of Ithaca Zoning Board of Appeals. f. Provision of the Town Attorney of proof of the availability of access from the extended north line of Worth Street to the north line of Mitchell Street: including copy of deed to same. g. An easement across the southerly parcel to the south line of the northerly parcel be provided, which easement may be later canceled by only upon the approval of all City authorities of access to same from Miller Street. And the following conditions are to be met before any building permit is issued for any construction on the parcel denominated, "Proposed new parcel 13,401 sq. ft. ": a. Receipt of a variance or other evidence 0 Planning Board vote, 94 March 2, 1993 satisfactory FINAL ITHACA to Town Attorney that access to such parcel has been legally provided by the City from Miller Street. b. Proof that the portion of such lot be consolidated with the remainder of the parcel in the City to be a single building lot. There being no further discussion, the Chair called for a Aye - Grigorov, Kenerson, Langhans, Finch, Cornell. Nay - None. The MOTION was declared to be carried unanimously. Chairperson Grigorov declared the matter of Final Subdivision Approval for the Steven B. and Lois S. Willett Two -Lot Subdivision duly closed. PUBLIC HEARING: CONSIDERATION OF PRELIMINARY AND SUBDIVISION APPROVAL FOR THE PROPOSED SUBDIVISION OF TOWN OF FINAL ITHACA TAX PARCEL NO. 6 -28 -1 -3.721 115 + /- ACRES TOTAL, INTO TWO (2) LOTS, 108 +, /- ACRES AND 7 + / -• ACRES RESPECTIVELY, LOCATED OFF MAX'S DRIVE AND BACKLOT OF SHEFFIELD ROAD AND MECKLENBURG ROAD, AGRICULTURAL DISTRICT AG. ROBERT DRAKE, OWNER, ROBERT BECK, AGENT. Chairperson Grigorov declared the Public Hearing in the above - noted matter duly opened at 8:25 p.m. and read aloud from the Notice of Public Hearings as posted and published and as noted above. Robert Beck addressed the Board and stated that he represented Robert Drake, and the Finger Lakes Land Trust. Mr. Beck introduced Robert Drake an involved landowner, and John Wertis, President of Finger Lakes Land Trust. Mr. Beck stated that Finger Lakes Land Trust wanted to protect the Lake Brook area. Mr. Beck is requesting approval for subdivision of the 7.4 acres which would permanently protect the Lake Brook area as a nature preserve open to the public, and managed by Finger Lakes Land Trust, Mr. Beck stated his thanks to George Frantz and Floyd Forman for their help with the process to secure the subdivision. Chairperson Grigorov noted that this was a Public Hearing and asked if anyone present wished to speak. No one spoke. Chairperson Grigorov closed the Public Hearing and brought the matter back to the Board for discussion. Ms. Langhans asked Mr. Beck why all the little sections. 0 Planning Board 8 March 2, 1993 Mr. Beck responded that there is 200 feet on the eastern side of the pond which is mostly wooded and that 60 feet plus is for the proposed road. Finger Lakes Land Trust is asking to waive a couple of conditions stipulated due to the special nature of the request and the permanent protection of Lake Brook. Mr. Forman stated that the 7 acres would be added to any future parkland that the Town decides to acquire. Mr. Frantz stated that Condition A has been pulled out of the October 16, 1990 subdivision approval. Mr. Frantz stated that in the deed it states that the parcel is for nature only - -no building- - maintain permanently as open space. A portion of the Finger Lakes Trails runs through this property. Attorney Barney asked Mr. Beck what happens to land that is conveyed to the Land Trust. Mr. Beck responded that the Title is transferred complete to the Land Trust. The Trust would then apply for tax - exemption and the land would be maintained as a permanent land preserve open to ® the public as nature reserves. Occasionally, there is a conservation easement required, in which case, it would remain titled to the owner with restrictions for future development, which are permanent; in which case the owner would receive some tax benefits from the donation of the development rights. Mr. Beck stated that the Finger Lakes Land Trust is a 501C3 non - profit corporation; incorporated in 1989 with close to 500 members working to protect land, with a board of 14 members. The Finger Lakes Land Trust is a regional organization with three chapters in addition to Ithaca. Attorney Barney suggested a condition to be proposed that the reason the Board would be waiving the subdivision requirements is based on the land that would be conveyed to an entity that is going to maintain it for zoning purposes as an open space. Mr. Drake would need to sign a purchase agreement that granted subdivision. Mr. Drake agreed to the condition Attorney Barney mentioned. Mr. Walker staged a condition would be needed since the Planning Board waived. the survey of the 115 acres. Also, there is no conflict with the adjacent neighbors. Mr. Frantz stated that the only waiver specified is in regards to the 7 1/2 acres mentioned earlier. n u 0 n U Planning Board 0 March 2, 1993 Mr. Walker stated to Mr. Drake that there would actually be 165 feet of frontage to become a legal road. Mr. Drake agreed to this stipulation. This will be confirmed at a later date with final acceptance. There appearing to be no further discussion, Chairperson Grigorov asked if anyone were prepared to offer a motion. MOTION by Candace Cornell, seconded by Herbert Finch: WHEREAS. 1. This action is the Consideration of Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No. 6- 28 -1 -3.72, 115 +/- acres total, into two (2) lots, 108+/ - acres and 7 +/- acres respectively, located off Max's Drive and backlot of Sheffield Road and Mecklenburg Road, Agricultural District AG. 2. This is an Unlisted Action for which the Town of Ithaca Planning Board is legislatively determined to act as Lead Agency in environmental review, and 3. The Planning Board, at a Public Hearing held on March 2, 1993, has reviewed and accepted as adequate the Short Environmental Assessment Form Part I prepared by the applicant, a Part II prepared by the Town planning staff, a subdivision plat entitled "Portion of Lands of Robert Drake, max's Drive, Town of Ithaca, County of Tompkins, State of New York" prepared by James P. McNamara, L.S., dated October 29, 1992, and revised February 10, 1993 and February 22, 1993, and other application materials, and 4. The Town planning staff has recommended a negative determination of environmental significance with respect to the proposed site plan, as proposed, NOW, THEREFORE, BE IT RESOLVED. That the Town of Ithaca Planning Board hereby makes a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act for the above referenced action as proposed and, therefore, an Environmental Impact Statement will. not be required. There being no further discussion, vote. Aye - Grigorov, Kenerson, Langhans, Finch, Nay - None. the Chair called for a Cornell. ® Planning Board 10 March 2, 1993 The MOTION was declared to be carried unanimously. MOTION by Virginia Langhans, seconded by Carolyn Grigorov: WHEREAS. 1. This action is the Consideration of Preliminary and Final Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No. 6 -28 -1 -3.72, 115 + /- acres total, into two (2) lots, 108 + /- acres and 7/5 +/- acres respectively, located off Max's Drive and backlot of Sheffield Road and Mecklenburg Road, Agricultural District AG, and 2. The Planning Board, at a Public Hearing held on March 2, 1993, has reviewed and accepted as adequate the Short Environmental Assessment Form Part I prepared by the applicant, a Part II prepared by the Town planning staff, a subdivision plat entitled "Portion of Lands of Robert Drake, Max's Drive, Town of Ithaca, Country of Tompkins, State of New York" prepared by James P. McNamara, L.S., dated October 29, 1992, and revised February 10, 1993 and February 22, 1993, and other application materials, and 3. This is an Unl Planning Board, with respect to made a negative NOW, THEREFORE, BE I. isted Action for which the Town of Ithaca acting as lead agency in environmental review Subdivision Approval, has, on March 2, 1993, determination of environmental significance. RESOLVED: 1. That the Town of: Ithaca Planning Board hereby waives certain requirement for Preliminary and Final Subdivision Approval, as shown on the Preliminary and Final Subdivision Checklist, having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of subdivision control nor the policies enunciated or implied by the 'Down Board. 29 That the Planning Board hereby grants Preliminary and Final Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No. 6 -28 -1 -3.721 115 + /- acres total, into two (2) lots, 108 +/- acres and 7.5 +/- acres respectively, located off Max's Drive and backlot of Sheffield Road and Mecklenburg Road, as shown on the subdivision plat entitled "Portion of Lands of Robert Drake, Max's Drive, Town of Ithaca, County of Tompkins, State of New York" prepared by James P. McNamara, L.S., dated October 29, 1992, and revised February 10, 1993 and February 22, 1993, conditioned upon the following. ® a. That no further subdivision of Town of Ithaca Tax Parcels No. 28 -1 -3.72 and 28 -1 -3.62 shall be approved until the submission, for Planning Board approval, of a preliminary ® Planning Board 11 March 2, 1993 v • subdivision plat that: 1e encompasses the whole of both parcels; 2o shows a second access for homes on Max's Drive; 3. includes, for the Planning Board's consideration, a suitable proposal for public parks and open space dedication as provided for in the Town of Ithaca Subdivision Regulations. b. That for the purpose of calculating the size of any future park and open space dedication, the 7.5 +/- acres being subdivided from the parent tract be included in the acreage used to determine the size of said dedication. c. Approval by the Tompkins County Department of Health of any necessary on -lot sewer facilities prior to the issuance of any building permit. d. Before or simultaneously with the recording of any deed to the 7.5 acre parcel there shall also be recorded a deed to the Finger Lakes Land Tract conveying in fee simple the premises owned by Moss Sweedler amounting to approximately 130 acres off of Sandbank Road which includes the north side of Lick Brook gorge, such land being conveyed in such a manner that no developer or subdivision of such Lick Brook property may occur and that the same shall be maintained as open space, the form of such conveyance to be approved by the Town Attorney. Such condition has been included at the request of the applicant and whether or not so reflected is an expressed condition to this Board. e. The conveyance to the Land Trust shall occur within one year, otherwise, this approval shall terminate. f. The Plat shall be amended before signing by the Chair to show the temporary turn around has already been conveyed to the Town as a Town Road. Town Attorney requested a copy of the deed from Judy Rossiter. There being no further discussion, the Chair called for a vote. Aye - Grigorov, Kenerson, Langhans, Finch, Cornell. Nay � None. The MOTION was declared to be carried unanimously. Chairperson Grigorov declared the matter of Final Subdivision 0 Planning Board 12 March 2, 1993 Approval for the Robert Drake Two -lot Subdivision duly closed. PUBLIC HEARING: CONSIDERATION OF PROPOSED AMENDMENTS TO THE TOWN OF ITHACA SUBDIVISION REGULATIONS. , Chairperson Grigorov declared that the Public Hearing in the above -noted matter duly opened at 9:00 p.m. Mr. Forman stated that there has been only one change, on page 25, Section 32. Number of dwelling units permitted per acre has been changed to 2.3 dwelling units permitted per acre in Residence District R -30. (Subdivision Regulations attached hereto as Exhibit #1) There appearing to be no further discussion, Chairperson Grigorov asked if anyone were prepared to offer a motion. MOTION by Robert Kenerson, seconded by Virginia Langhans. RESOLVED, That the Town of Ithaca Planning Board hereby Approves the amendments made to the Town of Ithaca Subdivision Regulations as noted in the February 25, 1993 version of said regulations. There being no further discussion, the Chair called for a vote. Aye - Grigorov, Kenerson, Langhans, Finch, Cornell. Nay - None. The MOTION was declared to be carried unanimously. SKETCH PLAN REVIEW: PROPOSED "BUTTERMILK VALLEY" CLUSTER SUBDIVISION OF TOWN OF ITHACA TAX PARCELS NO. 36 -1 -4.2 AND 36 -1 -6, 74 +/- ACRES TOTAL, INTO 70 LOTS, APPROXIMATELY 4,150 LINEAR FEET OF ROAD, APPROXIMATELY 20 ACRES OF PERMANENT OPEN SPACE, AND WATER AND SEWER FACILITIES, TO BE LOCATED BETWEEN 1146 AND 1172 DANBY ROAD, RESIDENCE DISTRICT R -15, SPECIAL LAND USE DISTRICT S -1. WALTER J. AND JOYCE Y. WIGGINS,. OWNERS /APPLICANTS. Chairperson Grigorov declared Wiggins addressed the Planning Board the Sketch Plan Review of "Buttermilk the parcel for 20 years or Valley" The lower duly of the parcel opened portion at 9:05 p.m. zoned R -15. Walter Wiggins addressed the Planning Board stating that he and his wife have owned the parcel for 20 years or so. The lower portion of the parcel is zoned R -30, the upper portion of the parcel is zoned R -15. Mr. and Mrs. Wiggins would like to create a cluster subdivision to enable lower income families to become ® property owners. 15% of the lots would be put on the market at approximately $100,000.00 for house and lot, and another 15% at about $125,000.00 for house and lot. Frontage on the lots would range from 70 feet to 120 feet. Mr Wiggins stated that he would 0 Planning Board 13 March 2, 1993 bring in three or four contractors to pick up a half dozen lots each and build the kind of homes to make this an attractive area. Every lot would have its own space. The back side of the property is Buttermilk State Park. Mr. Wiggins also stated that the area in the north and northwest corner would be held as open space which is environmentally attractive space, would transfer it to the State to make part of it the State Park. Chairperson Gri.gorov asked if there were any trails through this property. Mr. Wiggins responded that there were no trails there. Ms. Langhans asked how long the road was. Mr. Wiggins responded that the road is 4,150 feet, with two way access. Mr. Frantz stated that Subdivision there be 600 feet between intersections have enough room for 2 access roads on D ® Mr. Walker stated that Mr. Wiggins road to approximately 40 feet instead of Regulations require that and this parcel does not anby Road. could widen the entrance 20 feet of pavement. Mr. Frantz stated that another possibility is to use the entrance to LaTourelle. Mr. Wiggins replied that he preferred Mr. Walker's suggestion. Mr. Walker stated that Mr. Wiggins should have the Fire Department look at the safety aspect of this. Mr. Frantz stated that there are scattered areas that do show wetlands. Mr. Walker responded that if wetlands are there, a permit to build a retention pond may be the answer, he felt that the Corps of Engineers would grant a permit for such a site design. Mr. Frantz suggested that Mr. Wiggins get a wetlands guide done by a professional. Mr. Walker stated that water is available, sewer at LaTourelle would have to be pumped up to the development. Chairperson Grigorov stated that they could provide access to the State Park around the retention pond and could also be a buffer. ® Planning Board 14 March 2, 1993 Chairperson Grigorov suggested delineation concerning wetlands or legal permit from Corps of Engineers to fill in the land. Perhaps a new Sketch Plan would have to be done again. Chairperson Grigorov asked if anyone else had any questions. No one spoke. Chairperson Grigorov declared the matter of the Sketch Plan Review of the Proposed "Buttermilk Valley" Cluster Subdivision with respect to Water and Joyce Wiggins duly closed at 9:55 p.m. AGENDA ITEM: REPORT OF THE TOWN PLANNER Town Planner Floyd Forman stated that the Wilcox's are going to have help from the bank, and the Planning Board may see Jones Farm again. Mr. Forman also stated that the final date of the meeting on West Hill has not yet been decided. It is likely to be the 6th of April, possibly at the Biggs Building, or at the hospital. Mr. Forman stated that the Executive Summary of the Comprehensive Plan was being beefed up, but unsure of when it would come. Planning Board Member Robert Kenerson stated that the public needs to know what is going to happen after these area meetings. ® People need to know when and where the Public Hearings will be. Mr. Forman stated that the GEIS is wanted by Cornell University by April 6th. March 30, 1993 will be GEIS and Orlando Iacovelli meeting. Cornell has given Board 30 day extension. Planning Board Member Candace Cornell stated that it would be unfair to work on the Comprehensive Plan and GEIS to be focused on at the same time. The Board needs to make sure fair time is spent on each project. All of the other Planning Board members agreed. OTHER BUSINESS Chairperson Grigorov stated that there was no other business to come before the Board. ADJOURNMENT Upon Motion, Chairperson Grigorov declared the March 2, 1993 meeting of the Town of Ithaca Planning Board duly adjourned at 10:40 p.m. Respectfully submitted, StarrRae Hays, Recording Secretary Town of Ithaca Planning Board :wh SUBDIVISION REGULATIONS FOR THE TOWN OF ITHACA • Exhibit #1 3/2/93 Minutes 11 C �� � ,1I s� ,, �) 1510,3 C FY I subregs. rev, wp511 ith Iloeallaw, , 02125193 4:11 pm TABLE OF CONTENTS ARTICLE L INTRODUCTION AND ADMINISTRATION Page Section 1 Authorization 1 I Policv 4-2 3 Administration 2 4 Public Hearings = 3 5 Minimum Requirements 31, 4 6 General Procedure 3 4 7 Environmental Review 45 8 Fees 45 9 Violation and Penalty 46 10 WaiYeF af Requifeffle Appeals and Waivers 6 11 Amendments and Rules -56 12 Wheff Separability 13 Effective Date 75 19 sepaiabilit�' 5 ARTICLE II. GENERAL PROCEDURES FOR SUBDIVISION REVIEW Section 14 Pfe Appliaa&H Sketch Plans and Data 6 Pre- Application Information 3 15 Preliminary Subdivision Review 16 Final Subdivision Review 17 Medifiiea6eii iviodilications of the Final Plat X10 ARTICLE III, INTERPRETATIONS AND DEFINITIONS Section 18 References 19 Construction 20 Terms ARTICLE IV. RESERVATION REQUIREMENTS AND SUBDIVISION DESIGN STANDARDS -911 911 911 Section 21 Reservation of Land for Public Facilities 17 e-r— Pubiie Utgkies 19 7 subregs. rev, wp51 l ith Iloeallaw, , 02125193 4:11 pm 22 Reservations of Parks and Recreational Land -4417 23 Highway Improvements 1g 24 Blocks and Lots 46 Z0 25 Solar Access 47 21 26 Storm Drainage 4.; 21 27 Water Supply and Sanitary Sewerage -1-'. 22 28 Survey Monuments 4$ 22 29 Underground Wires and Cables 4$ 23 30 Phased Developments 49 23 ARTICLE V. RULES AND REGULATIONS FOR CLUSTERED SUBDIVISIONS Section 31 Minimum Gross Area 44 24 32 Number of Dwelling Units Permitted 44 24 33 Buffer .yea; -=4 Zone Requirement 34 Regulation of Exterior Characteristics -�24 26 35 Restriction of Unrelated Persons =-? 27 ARTICLE VI, PRELIMINARY AND FINAL SUBDIVISION PLAN REQUIREMENTS Section 36 Preliminary Plat Checklist -2-:3 28 37 Form of Final Plat 25 30 38 Improvement Plans and Related Information Y8 33 26 is i 3 .0 0 subregs. rev, wp51 l ith Ilocallaw, , 02125193 -t:11 pm TOWN OF ITHACA SUBDIVISION REGliLATIONS Section 1. Authorization. ARTICLE I INTRODUCTION AND ADINIINISTRATTON 1. By resolution adopted on the 6th day of October, 1955 the Town Board, pursuant 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 herebv 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 IY 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, 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 nth 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, 196 and approved by the Town Board on March 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 clustered subdivisions in the Town of Ithaca. Said resolution further au- thorized 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 subregs. rev, wpsl l ith ilocallaw, , 02125193 4:11 pm 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 Ithaca are further amended 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 drainage, 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 in 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 occupancy 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. 40 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 Planner. If any applicant for subdivision approval or requirement or determination of the enforcing officer affecting compliance with and enforcement of any of these regulations, Board for a review of the requirement or determination by the R the provisions of Section 10 hereof entitled "Appeals." and 64e, Town Engineer, or the other person is aggrieved by a the interpretation, applicability, he shall appeal to the Planning anning board in accordance with 2. Whenever any subdivision of land is proposed to be made, the subdivider or his agent shall apply 2 L1 I subregs. rev, wp5l l ith llocallaw, , 02/25/93 4:11 pm 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 - ke pi 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 at the peril of the owner of the land or the applicant and shall not dive rise to any claim for damages by the landowner or applicant. 4. Where an approved subdivision has later been consolidated, in 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. ® 10 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 law, 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 boundary of the land for which subdivision approval is sought or whose land is in 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 0 3 subregs. rev, wp5 1 l ith Ilocallaw, , 02125193 4:11 pm I I� 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 mai, Planning Board in its discretion so determine, to hear the matter at the scheduled meeting appropriate signs installed and/or maintained. shown, waive the requirement of the posting of applicable provisions of the Zoning Ordinance. Section 5. Minimum Requirements. stain the sign may be to deny the application date by reason of the The Planning Board signs as called for by th grounds, should the sought or to decline failure to have the may, on good cause is section and by the 1. In their interpretation and application, the provisions of these regulations shall be held to be minimum requirements, adopted for the promotion of public health, safety, and general welfare. 20 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. 41 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 evaluation 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 restric- tions which the Planning Board could be expected to impose upon the development, as presented. The staff and the subdivider should work together to ensure 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 Trawn Engineer- applicable 4 0 subregs. rev, wp511 ith Ilocallaw, , 02125193 4:11 pm department at least twenty (20) business days before the Planning Board meeting at which the project is to be considered. The -T Feffn _ _ _ _ _ __ . lSl - r 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 £�gi Planner or Town Planner's designee has received all required information and documents. 6. Following preliminary subdivision approval, the 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 applicable provisions of law, and the subdivider shall also furnish such other information as may be lawfully and reasonably required by the Planning 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 anv final approval is given. ® Section 7. Environmental Review. L 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 or the New York State Environmental Quality Review Act and Town of Ithaca Local Law #3) -1980 (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 final approval of the project. Section 8. 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. 3e The Town officials receiving such fees shall issue a receipt stating the purpose of the 0 5 subregs. rev, wp51 I ith Ilocallaw, , 02125193 4:11 pm payment. This receipt must be filed with the application as evidence of payment. 2 is �1 �I 0 subregs. rev, wp5l l rh l locallaw, , 02/2 5/93 4.11 pm Section 9. Violation and Penalty. 1. A violation of these reslations is an offense, punishable as set forth in Section =68 of the Town Law. 29 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 anv 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. 3 1. The appeal by an aggrieved person for a review of the determination of the Building Inspector, Town Engineer, or Town Planner as provided for in Section 3-4r- 3, subparagraph 1 of these regulations shall be made in writing, shall set forth in a reasonably concise manner the deter- mination 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 must be filed with the Secretary of the Planning Board at least s2spen (7) fourteen (14) days prior to the meeting of the Planning Board at which an the appeal shall be heard. The Plning 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. 32. Waivers. When the strict application of any of the specifications and provisions 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. 43* 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 Planning Board may adopt and amend rules for the administration and implementation of these regulations, provided they are not in conflict therewith. A copy of any such amendments shall be distributed lrl subregs. rev, wp51 l ith Ilocallaw, , 02125193 4:11 pm C7 to the Town Clerk for distribution to the Town Board members. Section 12. Separability. 10 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, 16 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 adeptie the approval by the Town Board. 8 0 subregs. rev, wp51 l ith Ilocallaw, , 02125193 4:11 pin ARTICLE TI GENERAL PROCEDURES FOR SUBDIVISION REVIEW Section 14. Sketch Plans and Pre - Application Information. 1. The When required sketch plat and suppi at the option of the information: by the Planning Board or Town Planner, the subdivider shall present a )rting data for purposes of informal review and discussion. The feil,& pFeyide When not otherwise required, a sketch plat may be submitted applicant. When provided, a sketch plat should include the following 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 subdivision 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 eeFHpieted 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 revelations except where variations therefrom may be specifically authorized by the Board. 2. The subdivider shall submit to the Plafiakia -Bated 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 tear -(10) twenty (20) reduced copies of the improvement plans and other information required by these regulations. All required information must be received by the e€fiee -ef the Town E wee ® 9 subregs. rev, wp51 lith Ilocallaw, , 02125193 4: l l pm • least ten (IG) Planning Department at least twenty (20) business days prior to the Planning Board meeting at which .4f a the subdivision will be considered, the pfelifa inafv pear a:metf h EhiS iS R6E a I - - n-The a pplicant 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 d, 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, whether fi nal or preliminary, shall be revocable, in whole or in par determination was made in reliance on any misrepresentation, concealment, act or statement by the applicant or was based on a mistake as to a material Section 16. Final Subdivision Review, in whole or in part, if the action or or other fraudulent matter. 16 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 three a• iegs an origi • �' nal and four (d) 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 ffl.._ ,f Ehe T, 'astl -8) 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 f=ear- Planner shall enter the date of receipt on the material submitted. �. The Planning Board shall, within 45 days from the date of submission of the final plat, eye, onditionally 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: 10 II subregs. rev, wp51 l ith llocallaw, , 02125193 4:11 pm 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. 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 subsequent 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 next regularly scheduled ® meeting. 0 11 subregs. rev, wp51 I irh I [ocaRaw, , 02125193 4:11 pm 0 ARTICLE III INTERPRETATIONS AND DEFINITIONS Section 18. References, 10 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 interpreted 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, Ally A private thoroughfare less than twenty (20) feet in 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 s{efey story partly underground but having a at least one -half of its height above the average level of the adjoining ground. A basement, or cellar shall be counted as a stefey 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 combination thereof, which has been subdivided into lots. 12 1 40 J 0 n U subregs. rev, wp51 l iih Ilocallaw, , 02125193 X1:11 pin Board The Planning Board of the Town of Ithaca. 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 or the Town of Ithaca or the consultant employed for that purpose. Building Height. The distance from the ie p .:fj..,t afad 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 ;round surface to the highest point of the roof, excluding chimneys, antennae g4Mifr;FedS, ih9Q or other similar appefidagses protuberances. Building Lot See "Lot" Cellar A stefey story partly underground but having at least one -halt of its height abeloo below the average level of the adjoining ground. A basement or cellar shall be counted as a spy story for the 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. Community 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 recommended for various functional classes of public works, places development of the Town. In the a single document, but includes subdivision regulations, highway zoning designation map, consulta 13 and structures and for the general physical Town of Ithaca, the Comprehensive Plan is not such diverse elements as: zoning ordinance, map, water and sewer master plans, official nt reports, and duly adopted ordinances, laws, subregs. rev, wp51 I ith I locallaw, , 02125193 4:11 pm • resolutions, rules and — Feulafiefts regulations that specifically address future Town needs. Also 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 providing 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 rant 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. Tina! 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 buffering, 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. 14 subregs. rev, wp511 ith Ilocallaw, , 02125193 4:11 pm Lot Line Master Plan Multi=Ejff:gy Stork Dwelling Units The property boundary of a lot. Sze "Comprehensive Plan" Dwellin; units which are built one above another in a single structure with two or more s stories. The separate building lots for the second and higher dwelling units shall be indicated by three - dimensional descriptions on the sub- division 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 Man The map established by the Town Board pursuant to Section 2'70 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 additions thereto resulting from approval of subdivision plats by the Planning :Board and the subsequent filing of these approved plats. Also known as the Official Zonin; Designation Map. Planning Board The Planning Board of the Town of Ithaca. Plat The map, plan, drawing or chart on which a subdivider'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. Pri ar 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 for interconnection between areas of concentration. This includes, but is not limited to, federal, state and county highways and shall include those streets designated as Primary Thor- oughfares on the Highwav 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. Resubdivision is included in the word "subdivision" in these regulations. Semi - Detached Dwelling Units Dwelling, units which share common °*Fdet: fa1bt 14if g structural building elements but which are built on separate building lots. New York State Environmental Quality Review Act. 15 subregs. rev, wp51 l uh Ilocallaw, , 0212.5193 4 11 pm Ell Set Back Line A line on a plat usually parallel to and the street line no building or Sketch Plait A sketch of the proposed subdiv streets, lots, or other features that subdividerfor informal discussion be based, the center line of the street between which line structure may be erected, ision showing the proposed general layout of may be submitted to the Planning Board by the and review, on which the Preliminary Plat will ? Story The vertical space between a floor and ceiling which in no instance 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 spy 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 Aright -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 subdivider. 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 made for common ownership 16 • subregs. rev, wp51 l ith Ilocallaw, , 02125193 4:11 pm of undivided open space in the subdivision. d) C'luster: 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 sub- dividing or to the land subdivided. Surveyor A person licensed as a land surveyor by the State of New York, Town Engineer The duly designated engineer of the Town of Ithaca or the engineering consultant employed by the Town. Town Planner The duly designated planner for the Town of Ithaca, or the planning consultant employed by the Town. 40 Zoning MaR The map :included as part of the Zoning Ordinance that desig- nates land use districts. n U 17 subregs. rev, wp5l l ith llocallaw, , 02125193 4:11 pm ARTICLE IV icZ3txvA i 1UN Kh QUIREMENTS 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 highway 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 desirable. 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, aas 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 22. 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 approval of any such plat, a payment to the Town of Ithaca in lieu of land reservation. Z. Each reservation shall be of suitable size, dimension, topography, and general character and shall 18 • subregs. rev, wp51 l ith Ilocallaw, , 02125193 .1:11 pm have adequate road access for the particular purposes envisioned by the Planning Board. In general, land reserved for recreation purposes 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. 16 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. L 2. The arrangement of streets in the subdivision shall provide for the continuation 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 -0f - -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 uation 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. 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 tote need therefor. !t subregs. rev, wp511 ith Ilocallaw, , 02125193 4:11 pm • 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 20 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 facilities, 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, highway 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 thoroughfares. Street jogs shall be avoided. There shall be a minimum of 300 feet between the center lines of highway intersections. Highway intersections 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, longitudinal 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 vertical curves shall be equivalent to ten times such difference. At any point, the minimum sight distance shall be 350 feet. 90 Where provided, a street with a cul-de -sac shall not exceed 1000 feet in length and shall be terminated in a turnaround having a property line radius 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 background acceptable to the Town Engineer. 19:The 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 thoroughfare 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 dedicated 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: 20 0 0 subregs. rev, wpSl l ith I locallaw, , 02125193 4:11 PM TYPE OF HIGHWAY RADIUS (MIN) TANGENT (MIN) ramp 100 100 cul-de -sac 50 100 other local streets 140 100 highway 270 ,W 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. 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 10 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 requirements 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 topo- aPhY 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- -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 dimensions 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 21 subregs. rev, wp51 l ith Ilocallaw, , 02125193 4:11 pm 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. 50 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 replatting 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 14 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 10 All land development shall be related to the surrounding drainage pattern, with provisions made for proper storm drainage facilities. All drainage improvements must be acceptable to the Town Engineer. Minimum runoff shall be determined by the Rational Method or an equivalent formula with conventional 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: t�- a) A sketch showing the existing waterway and the location of the proposed channel change; & b) Profile of existing water course; i i� Ell! 22 ..9 subregs. rev, wp51 l ith Ilocallaw, , 02125193 4:1 l pin C- e) Provisions for the prevention of soil erosion and silting, such as sodding and paving, in open water courses. 3e Where an-underground drainage system is installed, emergency surface drainage overflows shall be provided to prevent possible flooding in the event of failure of the underground drainage system. 40 In developments with an average grade of seven percent or more, detention ponds, check dams or other structures shall be provided to reduce the velocity of storm runoff. Riprapping shall be required in areas designated by the Town Engineer. Section 27. Water Supply and Sanitary Sewerage 10 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. U 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 -wa-v. Where such connection to said system is not to be made immediately, but is contemplated within five years, plans shall be prepared for future development 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 16 Concrete monuments, the specifications of which are hereinafter set forth, shall be set in each subdivision. At least two reference ties shall be established 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 23 subregs. rev, wp51 l ith Ilocallaw, , 02125193 4:11 pm E or points of curve and shall be no more than 1,000 feet apart. 2e The monuments shall be constructed of reinforced concrete (3000 psi in 28 days) and have no fewer tham 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 14 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 10 In large, phased developments, a sequential installation of utilities and improvements 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 J subregs. rev, wp51 l ith I Iocallaw, , 02125193 4:11 pm ARTICLE V RULES AND REGULATIONS FOR CLUSTERED SUBDIVISIONS Section 31. Minimum Gross Area L The minimum gross area for anv 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. 3e At the time of preliminary approval, it shall be determined whether or not the subdivision to be considered shall be a cluster design. When the subdivider presents to the Planning Board a traditional subdivision plan, the Planning Board may approve a preliminary plat for a given ® number of units, contingent upon all or part of those units being clustered in a final plat acceptable to the Planning Board. 4e When the subdivider proposes to develop a portion of the property as a traditional 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 L 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 Resideftee r istr -i is R ` a ' a Residence District R15 or 2.3 dwelling units per gross acre in ® 25 subregs. rev, wP51 I i1h Ilocallaw, , 02125193 4:11 Pm a Residence District R30. IC 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 opinion, are unsuitable for construction of the proposed housing because of excessive slopes, poor drainage, or other considerations which may be injurious to the health, safety, and welfare of the community. 4• Considerations which the Plannnina 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 appearance 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 neighborhood; g) are lot area, access, parking, and loading facilities sufficient for the proposed activities; h) what effect will the density of such clustered con struction and use have on the appearance and maintenance of open spaces in a neighborhood. 7. 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 dwell ing units in detached, semi-detached, attached, or multi- s;efey story structures. 6e No more than six semi - detached, attached, or multi steFe story dwelling units shall be permitted to be clustered in any one structure, nor shall that structure be more than three ster-eys stories 27 6 i subregs. rev, wp51 l ith Ilocallaw, , 02125193 4:11 pm 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 steFey stories. In any event, no building shall be more than thirtyFA four (34) feet in height. Section 33. Buffer Zone Requirement 10 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 road in a clustered subdivision and any adjoining property. Notwithstanding the foregoing, the Planning Board may require a buffer of at least one hundred and twenty five (125) feet between 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 0 is 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: A4 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; E� b) the description and nature, including size, shape, color of materials to be used in the pro- posed structures and other areas, C4 c) ambient noise incidental to the normal activity in the project, as presented, or extraordinary noise incidental to the construction of the project; 13) 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 subdivision plat, map or other documents. These details shall 27 subregs. rev, wp51 lith Ilocallaw, , 02125193 4:11 pm C be noted in the conditions 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 development if, 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 plan, 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 approval or placed on the subdivision plat or included in the approval of any homeowners' agreements, covenants 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 dwelling 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. J 28 0 subregs. rev, wp51 l ith Ilocallaw, , 02125193 4:11 pin ARTICLE VI PRELIMINARY AND FINAL SUBDIVTSION PLAT REOUTREMENTS Section 36. Preliminary Plat Checklist 1. A preliminary plat with the following information must be filed in the office of the Town E raifieef ae iteast ten ""' 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 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. ® 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 resi- dents of the subdivision; sites for nonresidential, non - public uses; easements for utilities, drain- age, or other purposes; and building setback lines, with dimensions. 9 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. 29 subregs. rev, wp51 l ith I locallaw, , 02125193 :11 pm 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 1" =100') and north point. Name of planner, architect, engineer, land survevor, 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 owners 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 1 "= 2000'. Width at building line of lots located on a curve or having non - parallel side lines, when required by the Planning Board. I� 30 No 0 subregs. rev, wp511 ith I locallaw, , 02125193 4:11 pm Section 37. Form of Final Plat 10 A final plat with the following information must be filed in the office of the Town r��� least tea (19) Planner or Town Planner's designee at least twenty (?0) 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 lines; purposes of easements. Highway center lines, showing angles of deflection, angles of intersection, radii, lengths of tangents and arcs, and degree 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. 0 . Highway names. Eli, 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. Border lines bounding the sheet, one inch from the left edge and one half inch from each of the other edges; all information, including all plat Iines, 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. 31 subregs. rev, wp51 l ith I lvcallaw, , 02125193 4:11 pm 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. Map Scale (1 " =50' or 1"= 10W) 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 and the dedications and restrictions 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 addresses 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 indi- cated 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 by the Planning Board. Reference on the plat to any separate instruments, including restrictive covenants, which directly 32 El 0 subregs. rev, wp51 l ith Ilocallaw, , 02125193 4:11 pm affect the land in the subdivision. Surveyor's certificate: certificate signed and sealed by a registered land survevor 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 special assessments, and that all outstand- ing taxes and special assessments have 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. n U Vicinity Map showing the general location of the property, 1" =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, wp51 l ith Ilocallaw, , 02125193 4:11 pm Section 38. Improvement Plans and Related Information 16 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, fe 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 horizontal, 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. C7 i 34 No tr le, Ithaca Journal Thursday, February TOWN OF ITHACA - ;_` PLANNING BOARD if{ NOTICE OF ; PUBLIC HEARINGS .; TUES., MARCH 2, 1993 -: B direction of the Chairman I of the Planningg Board, NO- TICE IS HEREBY GIVEN that Public Hearings will be held l by the Planning Board of the "'I Town of Ithaca on Tuesday, ; March 2, 1993, in Town : _ � Hall, 126 East Seneca Street, Ithaca, NY, at- the following times and on the following .I matters: 1. 7:35 P.M. Consideration of Preliminary and Final Subdi- vision Approval for the pro- Posed subdivision of Town of haca Tax Parcels No. 6- 59 -1.9 and 6- 59.1.10 0.10= and 0.14± acres total respectively, to form two (2) . new lots, located on Vine Street backlot of Worth Street I and Pearl Street (in the City of Ithaca), Residence District R -9 Steven B. and Lois S. Willett, Owners, Jim Hi!ker, Age nt. 7:50 PM Consideration of Preliminary and Final Subdi- vision Approval for the pro I posed subdivision of Town of haca Tax Parcel No. 6.28.1 -3.72, 115_ acres to tol, into two (2) lots, 108± acres and 7+ acres respec. tively, located off Max's Drive and backlot of Sheffield Road and Mecklenburg Road, Ag- ricultural District AG, Robert Drake, Owner, Robert Beck, Agent. 8:05 PM Consideration of J proposed Amendments to the Town of Ithaca Subdivision Regulations. Said Planning Board will at said times and said place hear all person in support of such matters or objections thereto. Persons may appear I agent or in person. Joan L. Hamilton Town Clerk February 25, 1993 273-1721 i,- 19913;. ;