HomeMy WebLinkAbout1987 LL 04 - Eastwood Commons MR Zone 5 •
(Pleasc Use this Form for Filing your Local Law with the Secretary of Sta(e)"
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"
of
Local taly No. of the,roear AP r j.
AMENDING THE Z011g- c- ORDINA CL, REQUIREMENTS FOR THE
A local law...r.Fa l,-W-0.0D_.Co
Glx` Deaf eiaa9 ........<............. .....«.
Be it enacte€l bf the .._.._.90a.B0ARD ».
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ITHACA
.c,,. o€....................._......................-............ -........... .__._.........»».............................................. as follows:
11""d
WHEREAS, by resolution and ordinance duly adopted by the
Town Hoard-on February 26,--1973 a multiple residence district was
created on Honness Lane (then.tax parcel ljon 60-1-25.2); -and
WHEREAS, in conJunction with said resolution. and ordinance
certain requirements were imposed with respect to such multiple
residence district.; and
WHEREAS, the Town Board wis*,hes' to alter c:erta..in of .E se
requirements and restrictions as hereinafter setfoxth,.
C3W, THEREFORE, be it
RESOLVED, by, the Town Board of tbii.e Town of Ithaca as
follows
The resolution. establishing a. multiple residence
district and a cluster developmentein can pa.ox erty then
Of Schickel Envircnmental Develo tree».t tom
-ecently of East-wood Commons Development Companyyon Honnand �ess
� �Larne, To-upofIthaca, i�ew york, adopted by the Town Board as
bo .h a resolution and an ordinance on. February 26,' 1973 be
and the same is amended. as follows;
Ap lection 4®B(2) is deleted and a new section 4,B{2)
is inserted as follows;
'&(2) The developer, at his own expense, shall
construct a sidewalk and bicycle path front the
multiple: residence district to which this
ordinance and local law relates to the East Ithaca
Recreationway on the former Lehigh Valley Railroad
right of quay, such walk and path to be maintained
by the Homeowners Association in accordance with
-the provisions, of subparagraph (3) immediately
following."
• Section 4.B(3)(a) is hereby amended to read as
follows:
(a All .'cher .open space shown on the site plan
will be owned, maintainedr and the- use 'thereof
controlled by one or more owners (residents)
associations, incorporated as not-fox--profit
corporations, or other similar legal entities,
�,• capable of holding title to the •land® The by-lay-
of any such association shall contain a provision,
that. -zo, by.-laws, or other 1.ules or regulations
shall be deemed to be effective unless the Town
ward'approves the -same, but the , 'own Board may,
from 'time to titter waive the requirement of
approval• the membership of such association ' 'or
associations shall consist of owners of .the
Eastwood Commons Subdivision, Provision shall be
made that all Owners of the Eastwood Commons
Subdivision shall belong -to one or more of such
associations. The certificate of-incorporation of
any such association' shall not be deemed to be
effective and shall not be filed with the State of
New fork, unless approved by the Town Board."
C. Section 4„B is amended, by adding a new. subparagrap17.
(5) to read as follows:
"(5) A letter* of credit, in a form and in an
amount acceptable to the' Town Supervisor, the Town
Engineer, and the Town Attorney, shall be received
by the flown for the completion of Harwick Road
identified as •Sunnysi6pe sane as shown On a map
entitled "Eastwood Commons - Phase III, Honnes s
sane, Ithaca, .New York,' Site Development Plan.,
Sheet S-a", dated November 12, 1986 by Schicke 1
Design Company, Inc. Sunnyslope Lane shall be
completed from Harwick Road northwesterly to a
Point 280 feet from the intersection of its center
line with the center line of Harwick Road. Such
letter of credit shall also cover the completion
Of the utilities, landscaping, and other site work
required for the completion of lBuildings*30 and 31
and the completion of the Pavilion as all .of the .
above may be approved by the Planning Board. Such
letter of credit shah, be so received prior to the
issuance of any building permits .for Phase SII yf
Eastwood CozmOns, No certificate of occupancy and
no more than the buildinc, permits necessary for
the construction of Buildings 30 and 31 and the
Pavilion shall be issued for any structures in
Phase III of Eastwood Commons* until Harwick Road
and the road presently identified as' Sunnyslope
Lane are constructed to Town. specifications in the
locations and for the distances set forth above.
.Any of, the requirements set forth in this
subparagraph (5) may be modified or .craived by
application to the Planning Board,
D. Section 4-C is deleted and a now section 4, C
inserted as follows.
s`C• The water and .sewer plans for each phase
shall be approved by the TompkinsCounty Health.
Department and the Town of Ithaca Planning Board
prior to the issuance of any building permits for
such phase
Page 2
E, Section 5 is hereby deleted,
°. Section 6..(b) is amended to read as follows;
"(b).. Such units shall be built in clusters not
exceeding four units i_n each cluster,, provided,
however, that the Tovrn of Ithaca Planning Board in
its discretion may authorize up to six units in
each cluster in Phase III of. such development if
it finds such cluster . or clusters are compatible
with the overall design, density, and character of
the- earlier phases of the Eastwood Commons
development e"
G. Section €;(,c) is amended, to read as- follows:
"(0) . Unless waived by the Town of Ithaca
Planning Board or unless a. Variance is granted by
the Town of Ithaca Zoning Board o; Appeals, rj0.
building in this zo7lle shall,exceed 'two stories in
height above ground leveler '
B. Section 7,.(c) is amended to read as follows:
"(o) Prior to the aPpI oxtion- to the Tows. .
Planning Board f or final site plan approval for
each phase, the applicant shall submit his plana
to the Town Planner who shall review the same and
make recommendations to the. Toon, Planning Board, "
2. This local law shall take effect upon its filing with
the Secretary of State -of the State of New- York or ten days
after its publication,. whichever date is .Later_.
Page 3
k'
(Complete the certification in the paragraph which applies to the filing of this local law and strike out the
matter therein which is not applicable.)
3. (Final adoption by local legislative body only,)
I hereby certify tbat the local laev annexed hereto,designated as local law No. .,,air...........r 1987
flyOf the
Town
of...........�t' zat c-t........._was duly passed by the `own Board
�Y n�f �...........................,•. - ( sme o£ g lativ li •.••
h7 Le is a ad
Febzua-z �r........ $a ••
on.....- '.... 19,•._. in accordance with the applicable.provisions of Iaw°
�^J N
(Passage by local legislative body-with rovalapp-oval or go,disapptoval by Elective Chief E'xeoutrve Officer,"
at repassage after disapproval.)
I hereby certify that the local lave annexed hereto,designated as local law Pio.............
County
of the City
Town of ........ was duly gassed by the «,..,...
Village QNmoe ah LogioloYivc Body)
not disapproved
on........... ................................1.9........ and-was approved by the
..................................
repassed after disapproval Eleetive chief EicectiOve officer�
and was deemed duly adopted on..................:...............• 19:..,.;., , in accordance with the applicable
provisions of lash.
3. (Final adoption by referendum.)
I hereby certify that thelocai law annexed hereto,designated as local law No................... of 1.9......,,..
county
City
of the Townof..... .... .was duly passed b,the_.
r
Village (Name of Legislative Bad y)
not disapproved
an.................... 19....,..: and was approved by the...,,,....,.....
repassed after disapproval Elective Chief Jixocutfve offfcar `
on.............:................................................1....19....,.., Such local law was submitted to the people byreason of a
mandatory referendum,and received the affirmative vote of a majority of the qualified electors voting
permissive
general
thereon.at the special election held on...................................... , . 19........, in accordance with the app(i-
annual
cable provisions of law.
4• (Subject to p_�rtnissive referendum,and final adoption because no valid petitions ffled requesting
referendum.)
I hereby certify that she local lase a,.nex'ed hereto,designated.an local law No................... of) .«„•„
County
of the. City of.................
Town was duly passed by the.................... on
Village (Mame of Legislative Body)
not disapproved
........................................•1.9-....... and was approved by the.........................................................oia
repassed after disapproval Eleciive Chief Executive Officr-r g,
...... .••......................................19......-.. Such local law being subject to a permissive referendum and no
valid fse ritioa requesting. such referendum having been filed, said local law was deemed duly adopted on
...... .............................,........................... 19........ in accordance with the applicable provisions of law.
t
4Eieciive Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis
DT,if there be none,the chairman of the county legislative body,the mayor of a city or village or the supervisor of a town,
e h err,such.oflIker is vested with power to approve or veto local lases or ordinanees.
Page 2
5. (City local Iaw coneerning Charter re%ision proposed by petition.)
I herebScertify that the local law annexed hereto,design atedasJoca' Iaa!,rI ,,,,,,,,,,,, ,,,,,of I1....11.1
of the City of..........................................................................having been submitted to referendum pursuant to the
pronasions of§3Z of tae °iunicipal 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 an ,,.,«,.,
................1.9............became operative.
y County local law concerning adoption of.Charter.)
I hereby certify that the local law annexed hereto.desi nate s
County of ............................. S d a.,Local Lay,,Ido,......of 19.0..««or tile
«..:......,, State of New York, having been submitted to the Sectors at the
° General Election of November......... 19:.......,.,pursuant to subdivisions 5 and 7 of Section 33 of the tfunlm
cipal Tome Rule Law,and having* received the affirtnative rote of a majority of the qualified electors of�the
cities of said county as a unit and of a maiority'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 forth 'of final adopt
ioti lags:'been follovted, please pratvicle an €pgro[,riatrr
certification.)
I further certify that I have compared the preceding local law with the original on file in this office
and that 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..........:-. '...:........ si7ave.
Date: February 11, 198f
t"
t
t
l.e } f 1.1t
(Certification to be executed by Couaity Altorfzey, Corporative Counsel,Town' Attorney, Village Attorneys
or other authorizes)Attorney of Ivcal"rty.)
STATE OF NEW YORK
COUNTY OF.... °1 ERPI zras.....................
k, the undersigned, hereby certify that the foregoinb*local lain Contains the correct text and that fill
proper proceedings have been had or taken for the enactment of the Local law annexed hereto.
John . Barley
?To9wn Oz11GY............«<.TWO
ofZtharra
Town ......... ... .
Nage 3