HomeMy WebLinkAboutLL 10 of 1995 Open Space in All Res Districts TOWN OF ITHACA
LOCAL LAW NO. 10 OF THE YEAR 1995
A LOCAL LAW AMENDING TOWN OF ITHACA LOCAL LAW NUMBER 10
FOR THE YEAR 1994 TO ESTABLISH AMOUNTS TO BE PAID IN LIEU OF
OPEN SPACE RESERVATIONS IN ALL RESIDENTIAL DISTRICTS
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. Town of Ithaca Local Law Number 10 for the year 1994 is amended as
follows:
1. Section 2, paragraph 10, entitled "AMENDMENTS" is renumbered to be paragraph 11.
2. Section 2 is amended by adding a new paragraph 10 reading as follows:
"10. FEES IN LIEU OF RECREATIONAL LAND RESERVATION.
(a) In the event the Planning Board requires that a sum of money is to be paid to the Town in lieu
of a parkland or recreational land reservation in connection with a subdivision or site plan
approval, the amount to be paid shall be the following amount:
(i) The assessed value as determined for real estate tax purposes of all of the land
included in the project, as shown on the most recently available assessment roll for such lands
on the date of final approval, multiplied by ten percent (10%) (or such lesser percentage as the
Planning Board may determine if the demand for park lands created by the proposed project
warrants such lesser percentage).
(ii) If the lands for the project have been acquired by the applicant during the period two
years prior to final subdivision or site plan approval by a bona fide conveyance from an
unrelated party for value, the price paid for such conveyance shall be substituted for assessed
value for the purposes of making the calculation set forth in sub-paragraph (i) above.
(b) The Planning Board may recommend to the Town Board a reduction in the amount of the
above sums if the Planning Board finds that special circumstances exist causing the amounts
above to substantially exceed the reasonable value of the land that would otherwise be
reserved in the particular project under consideration. If the Town Board concurs with such
recommendation, the Town Board may reduce the payment to an amount which more
accurately reflects the value of land for which payment is being made.
(c) The sum set forth above shall be payable upon the earliest of the following:
(i) Thirty (30) days after granting final site plan or subdivision approval; or
(ii) The signing of a plan or plat by the Planning Board Chairperson evidencing approval
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of same; or
(iii) The filing of an application for a building permit for construction of one or more
structures in the project; or
(iv) The sale, lease or other disposition of an individual lot by the developer.
(d) No sums shall be payable in connection with lot line modifications or lot reconfiguration
where no new lots or dwelling units are created."
Section 2. The invalidity of any section or provision of this local law shall not invalidate
any other section or provision thereof.
Section 3. This law shall take effect ten days after its adoption, except that the
amendments made by this local law shall not apply to any subdivision or site plan approved prior to
the adoption of this local law. If the Planning Board determines that the application of such
amendments would be inequitable to a subdivision or site plan for which applications for approval are
pending on the date of adoption of this local law, the Planning Board may waive the fees, or may
require a reduced sum, provided that such application for which a waiver is granted or reduced sum
required is approved within 18 months of the adoption of this local law.