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HomeMy WebLinkAboutLL 11 of 1991 Procedures for Site Plan Application & Modification NEW YORK STATE DEPARTMENT OF STATE .o cal Law Filing 162 WASHINGTON AVENUE, ALBANY, NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Wof ............................. Ithaca ....................................I...................................... Town 1� Local Law No. ................1..:.....I........................ of the year 19 A local law ......AMENDING THE TOWN- - ....0-F....ITHAC-A...ZONING- - - - - ...ORDINANCE- - - - ...RELATING...T-0- PROCEDURES——..... FOR PLAN APPLICATION AND FOR MODIFICATIONS OF SITE PLANS Town Board Beit enacted by the ...........................................................................................................................................of the (Name of Legislative Body) WN Of -................................................ Ithaca Town ..............................................................................__...............as follows The Zoning Ordinance of the Town of Ithaca as readopted, amended and revised effective February 26, 1968, and subsequently amended, be further amended as follows: 1. Article IX, Section 46, the opening paragraph, is amended to read as follows: "Section 46. Procedure Related to Establishment of a Zoning District. When an application is submitted to the Town Board for establishment of a Residence District R5, Multiple Residence, Business W, IBI, ICI, 'D', and 113', and any other Special Land Use Districts, the establishment of which may be permitted under this Ordinance, all hereinafter referred to as 'Districts', the applicant shall proceed as follows:" 2. Article IX, Section 46, subdivision 1, is amended to read as follows: "The applicant shall submit a general site plan to the Town Board which shall show (unless one or more items are waived by the Town Board) property lines, including metes and bounds, adjacent public streets, topography, size and location of existing or proposed structures, and the applicant shall submit such other plans and information deemed reasonably necessary by the Town Board for adequate study of the proposed plan. Upon its review (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239 (Rev. 7/90) of the general site plan, the Town Board may refer the matter to the Planning Board for further review and recommendation." 3. Article IX, Section 46, subdivision 2, first sentence, is amended to read as follows: "Upon referral of the matter to the Planning Board by the Tom Board, the Planning Board may require such changes in the general site plan as are necessary to met the requirements of this ordinance and may make any other recomwndations which it deems necessary to promote the general health, safety, morals, and the general welfare of the cammunity." 4. Article IX, Section 46, subdivision 3, is amended to read as follows: "3. Whenever a District is created pursuant to the provisions of this Article, the owner shall be bound by the general site plan as approved and adopted by the Town Board." 5. Article IX is further amended by renumbering former section 46-a to 46-b and adding a new section 46-a reading as follows: "Section 46-a. Procedure Related to Special Approvals. In those circumstances where site plan approval by the Planning Board is a pre-condition to the granting of a Special Approval for a use, the applicant shall proceed as follows: 1. The applicant will submit a site plan which shall show (unless one or more item are waived by the Planning Board) property lines, including metes and bounds, adjacent public streets, topography, size and location of existing or proposed structures, and such other plans and information and any other features deemed reasonably necessary by the Planning Board for adequate study of the proposed plan. 2. The Planning Board may require such changes in the site plan as are necessary to meet the requirements of this ordinance and may make any other recommendations which it deems necessary to promote the general health, safety, morals, and the general welfare of the ccm=ity. The Planning Board shall then adopt a resolution recommending either approval, approval with modifications, or disapproval of the proposed plan. Before any Page la such resolution is adopted, the Planning Board shall hold a public hearing which shall be heard by the Planning Board within thirty (30) days of the filing of the completed application for the Special Approval with site plan with the Planning Board, and such hearing shall be advertised in a newspaper of general circulation in the Town of Ithaca at least five (5) days before such hearing. The Planning Board shall make its determination within thirty (30) days after the hearing and forward the same to the Chairman or Clerk of the Board of Appeals. 3. The owner and applicant shall be bound by the final site plan as approved by the Planning Board." 6. Article IX, former section 46-a, now renumbered 46-b, is an-ended by deleting subdivision 1 and inserting a new subdivision 1 to read as follows: "1. After a Residence District R5, Multiple Residence, Business, Light Industrial or Industrial District, or any other Special Land Use District, has been established by the Town Board and whenever a specified development or changes in the general plan are proposed, or whenever a site plan is required by any other provision of this Ordinance, a site plan for the proposed use must be submitted and approved by the Planning Board before a building permit may be issued. If the original site plan submitted in connection with the initial creation of the District or the granting of the Special Approval was of sufficient detail and contained sufficient information as to constitute, in the Planning Board's discretion, a final site plan, such original site plan shall suffice. Otherwise, the applicant shall submit a detailed site plan (hereinafter referred to as 'final site plan') in accordance with this Ordinance. This final site plan shall show (unless one or more items are waived by the Planning Board) property lines, including metes and bounds, adjacent public streets, topography, including existing and proposed contours, size and location of structures, area and location of parking, off-street loading and access drives, proposed signs and lighting, proposed landscaping and any other features deemed reasonably necessary by the Planning Board for adequate study of the proposed plan." 7. Article IX, former section 46-a, now renumbered 46-b, is further amended by amending subdivision 4, opening paragraph, second sentence, by adding thereto the following after the words "site plan approval": "and shall hold a public hearing on said application for modification of the site plan and shall make its decision on same Page lb within the time limits set forth with respect to an original site plan application." 8. Article IX is further amended by adding a new section 46-c reading as follows: "Section 46-c. Waiver of Requirements Related to Site Plan. The Town Board in those circumstances where a site plan is required for Town Board review, and the Planning Board, in those circumstances where a site plan is provided for Planning Board review, may waive one or more item (e.g., topography) otherwise normally required to be shown on the site plan when the applicable board determines that the circumstances of the application do not require a full site plan for adequate consideration of the applicant's proposal. 9. Article IX is further amended by adding a new section 46-d reading as follows: "Section 46-d. General Considerations The Planning Board's review of a general , preliminary, or final site plan shall include as appropriate, but shall not be limited to, the following considerations: 1. Adequacy, arrangement, and location of vehicular access and circulation, including intersections, road widths, pavement surfaces, off-street parking and loading areas, and traffic controls. 2. Adequacy, arrangement, and location of pedestrian and bicycle traffic access and circulation, control of intersections and vehicular traffic, and appropriate provisions for handicapped persons. 3. Adequacy, location, arrangement, size, design, and general site compatibility of buildings, lighting, signs, open spaces, and outdoor waste disposal facilities. 4- Adequacy, type, and arrangement of trees, shrubs, and other landscaping constituting a visual and/or noise-deterring buffer Page lc between the applicant's and adjoining lands, including the retention of existing vegetation of value to the maximum extent possible. 5. In the case of a residential property, and in the case of other properties where appropriate, the adequacy and utility of. open space for playgrounds and for informal recreation. 6. Protection of adjacent properties and the general public against noise, glare, unsightliness, or other objectionable features. 7. Adequacy of storm water, drainage, water supply, and sewage disposal facilities. S. Adequacy of fire lanes and other emergency provisions. 9. The effect of the proposed development on environmentally sensitive areas including but not limited to wetlands, floodplain, woodlands, steep slopes, and water courses, and on other open space areas of importance to the neighborhood or community. 10. Compliance with the Zoning Ordinance, subdivision regulations, if applicable, and any other applicable laws, rules, requirements, or policies. 10. Article IX is further amended by adding a new section 46-e reading as follows: "Section 46-e. Other Provisions 1. No building permit shall be issued for a project with an approved final site plan until the applicant has furnished to the Town Engineer an irrevocable letter of credit in an amount to be approved by the Town Engineer. Such letter of credit shall insure that all items on the site plan that may be deemed necessary to provide for adequate traffic flow, utilities, and other infrastructure items are constructed in accordance with the approved final site plan and any other pertinent specifications and requirements. The Planning Board may waive the requirement or may accept other evidence or promise of completion of required facilities for the site plan if, in its discretion, it determines Page ld that there is no need for the letter of credit. 2. No final certificate of occupancy or certificate of compliance shall be issued until all improvements shown on the final site plan as approved by the Planning Board are installed or until a sufficient performance guarantee, such as a letter of credit, has been provided to the Town for improvements not yet completed. The sufficiency of such performance guarantee shall be determined by the Tom Engineer after consultation with the Building Inspector or other persons designated by the Planning Board. The Planning Board may waive the requirement for such performance guarantee if, in its discretion, it determines that the guarantee is not needed. 3. Unless work has materially ocmmenced in accordance with the final site plan within one year from the issuance of the building permit authorizing such work, or within thirty-six months of the date the Planning Board gave final site plan approval, whichever is is earlier, not only the building permit but the site plan approval (both final and preliminary) shall expire and the permissible uses and construction on the property shall revert to those in effect prior to the granting of any site plan approval. Notwithstanding the foregoing, if final site plan approval was granted prior to July 8, 1991 the time to materially commence work shall be extended to July 8, 1994 or one year from the issuance of a building permit, whichever is earlier. The Planning Board, upon request of the applicant, after a public hearing, and upon a finding that the in-position of the time limits set forth above would create an undue hardship on the applicant, may extend the time limits for such additional periods as the Planning Board may reasonably determine. An application for such extension may be made at the time of filing of the original application or at any time thereafter up to, but no later than, six months after the expiration of the time limits set forth above. For the purposes of this section, work will not have "materially commenced" unless, at a minimum, (i) a building permit, if required, has been obtained; (ii) construction equigrent and tools consistent with the size of the proposed work have been brought to and been used on the site; and (iii) substantial excavation (where excavation is required) or significant framing, erection, or construction (where excavation is not required) has been started and is being diligently pursued. Page le (Complete the certification in the paragraph that applies to the filing of this local taw and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 11 of 19 91 of the AJJJJJJJJIWTown)� of Ithaca was duly passed by the Town Board on July 8. 1991 , in accordance with the applicable provisions of law. Name of Legislative Body) 2. (Passage by Iocal legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer'.) I hereby certify that the local law annexed hereto, designated as local law No. of 19 of the (County)(City)(Town)(Village) of was duly passed by the on 19_, and was (approved)(not disapproved)(repassed after Name of Legis alive Body disapproval) by the and was deemed duly adopted on 19 Elective Chief Executive officer" accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 19 of the (County)(City)(Town)(Village) of was duly passed by the Name of Legislative Body) on 19 , and was (approved)(not disapproved)(repassed after disapproval) by the on 19 Such local law was Elective Chief Executive Officer" submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 19_, in accordance with the applicable provisions of law. A. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referndum.) I hereby certify that the local law annexed hereto, designated as local law No. of 19 of the (Countv)(City)(Town)(Village) of was duly passed by thL on 19_, and was (approved)(not disapproved)(repassed after Name of Legislative Body approval) by the on 19 Such local law was subject to Elective Chief Executive officer' ,J,,rmissive referendum and no valid petition requesting such referendum was filed as of 19 in accordance with the applicable provisions of law. 'Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there be none, the chairman of the county legisiatke body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. (2) 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 19 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 19_, became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No. of 19 of the County of , State of New York, having been submitted to the electors at the General Election of November 19_, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and of a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropritate certification.) further certify that I have compared the preceding local law with the original on file in this office and khat the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 , above. TownCter (Seal) Date: July 19, 1991 (Certification to be executed by County attorney, Corporation Counsel, Torun Attorney, tillage Attorney or other authorized Attorney of locality.) STATE OF NEW YORK COUNTY OF Tompkins I, the undersigned, hereby certify that the foregoing local taw contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law anne. ed hereto. Signature /!John C. Barney Town Attorney Title —�' Town Wwor Ithaca__ f. Date: (3) "Irl 601 F 01 rt? 1. tj y o ()r 011" �fl W, a 1.,Q