HomeMy WebLinkAboutLL 13 of 1991 Procedure for Site Plan Application & Modification NEW YORK STATE DEPARTMENT OF STATE
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Wf Ithaca
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Local Law No. .................:3.......................I.......: of the year 19
A local law ...?!�nPING THE TOWROF ITHACA ZONING ORDINANCE RELATING TO
PROCEDURES iiiiiiiiiiiiiiiiV...FOR R** 'S'*SITE*E******PLAN A-*N**'***A'**APPLICATIONS*L—I***C**A***T**'I'**0—N***S** *AND*D** ...FOR 0***R** *MODIFICATIONS**-*"*-*--*'**---
OF SITE PLANS Town Board
Beit enacted by the ...........................................................................................................................................of the
(Name of Legislative Body)
of ..................... Ithaca
Town ...........I.................................................................................................................as follows:
Section 1. The Zoning Ordinance of the Tom of Ithaca as readopted,
amended and revised effective February 26, 1968, and subsequently
amended, be further an-ended 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 'A', IBI, ICI, ID', and 'E', 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
(It additional space is needed, attach pages the same size as this sheet, and number each.)
OS-239 (Rev. 7190)
of the general site plan, the Town Board may refer the matter to
the Planning Board for further review and recommendation."
13. Article IX, Section 46, subdivision 2, first sentence, is amended
to read as follows:
"Upon rdferral of the matter to the Planning Board by the Town
Board, the Planning Board may require such changes in the general
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 community."
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 items 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 community. 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.
within forward the same to
the Chairman or -__.- of the ___'_ of -"=,_'--.
3. The owner and applicant shall bebound by the final site
plan as approved by the Planning Board."
6. Article ZX, former section 46-a now renumbered 46-b, is amended
by deleting subdivision l and inserting anew subdivision I to read as
--
follows:
"l 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 infbzosdtimo as to cznzatltota, 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
__' (unless one or more _-__ are waived by the Planning- - Board)_
property lines, including
_---_-_, topography, including existing and proposed _~^.'.^s,
size and location of structures, area and location of ,
off-street loading and access drives, proposed signs and
�-
reasonably necessary bythe Planning Board for adequate study of
the proposed plan."
7, Article Zr, former section 46-a, now ze0006xerzyd 46-b, is further
amended by amending subdivision 4 second aerdzeooe,
by adding thereto the following after the words "site plan agFozonzI":
"and shall hold a public hearing on said application for
modification of the site plan and shall usUos its decision on oama
Page I6
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 items (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 theapplicant's
retention of existing vegetation of value to the maximum extent
5 the case of a residential property, and in the case of
other =__,_-__-- .-___ appropriate, the adequacy and utility --
.p_' -"_~- for playgrounds and for _'--_.__ ___-_____'~
6. Protection of adjacent
against noise, glaze, unsightliness, or other objectionable
7, Adequacy of storm water, drainage, water supply, and sewage
disposal facilities.
8. Adequacy of fire lazes and other emergency Iozovisbzoa.
9effect of the proposed development on environmentally
sensitive areas including but not limited to wetlands,
floodplains, woodlands, steep slopes, and water courses, and on
other open space areas of importance to the neighborhood or
10. Compliancewi±b the Zoning Ordinance, subdivision
regulations, if applicable, and any other applicable laws, rules,
requirements, or policies.
lO. Article Z% is further anusxIed by adding a new section 46-e
reading as follows:
"Section 46-e. Other Provisions
-- l building
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 my accept other evidence or prcmise of completion of required
_-_--_-__- for the -_-- p-_' if, in its .^~~^^^^~^, 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 Town 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 commenced 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 . 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 imposition 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 equipment 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.
Section 2. It is the intent of this local law to reenact and readopt
Local Law No. 11 of the year 1991 with any changes therein that were
Page le
made during the course of consideration of said local law in July of
1991.
Section 3. If any provision of this law is found invalid by any court
of competent jurisdiction, such invalidity shall not affect any other
provisions of this local law which shall remain in full force and
effect.
Section 4. This law shall take effect 20 days after its adoption.
Page if
(Complete the certification in the paragraph that applies to the filing of this local Iaw and
strike out that which is not applicable.)
t. (Final adoption by local legislative body only.)
I hereby certify that the Iocal law annexed hereto, designated as local law No. 13 of 19 91
)f the - own of Ithaca was duly passed by the
Town Board on September 9, 19 91, in accordance with the applicable provisions of law.
Mame of Legislative Body
Z. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Etective Chief Executive Officer'.)
hereby certify that the local law annexed hereto, designated as local law No. of 14
)f the (County)(City)(Town)(Village) of was duly passed by the
an 19_, and was (approved)(not disapproved)(repassed after
Name o egis alive Body) _
iisapprovaI) by the and was deemed duly adopted on 19
(Elective Chief Executive Officer'
n� cordance with the applicable provisions of law.
3. (Final adoption by referendum.)
hereby certify that the local law annexed hereto, designated as local law No. or 19
7f the (County)(City)(Town)(Village) ofwas duty passed by the
,tame of Legislative Body) on 14 , and was (approved)(not disapproved)(repassed anter
iisapproval) by the on 19 Such local law was
Elective Chief Executive Officer'
ubmitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
.ote of a majority of the qualified electors voting thereon at the (general)(specint)(annuai) election held on
19_, in accordance with the applicable provisions of law.
t. (Subject to permissive referendum and final adoption because no valid petition Sias filed requesting
referndum.)
hereby certify that the local law annexed hereto, desisnnted as local law No. _ of 19
>f the (County)(City)(Town)(Village) of ,vas teas duly passed b%,7111-1
an 14 , and tt•ns (npproved)(not disapproved)(repassed after
,Name of Legislative Body
lis proval) by the on 19_ Such local law wns Subject to
Elective Chief Executive Officer'
lermissive referendum and no valid petition requesting such referendum was filed ns of 19_
n 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 legislatite body, the mayor of a city
)r village, or the supervisor of a town where such officer is vested with the power to approve or veto local
aws 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 Iaw 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.
.. ,�., t
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.)
irther certify that I have compared the preceding local law with the original on file in this office and that
uic same is a correct transcript therefrom and of the whole of such original local lair, and was finally adopted
in the manner indicated in paragraph 1 , above.
own Cleric
(Seat) Date: September 11, 1991
(Certification to be executed by County attorney, Corporation Counsel, Toau .Attorney, Village .attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF Tompkins
1, the undersigned, hereby certify that the foregoing loch( law contains the correct text and tient nit proper
proceedings have been had or taken for the ennctment of the local law annexed hereto.
signature ohn C. Barney
Town Attorney
Title
orofIthacTown
a..__
Date:
(3)