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HomeMy WebLinkAboutLL 04 of 1995 Allow Prelim Site Plan Expiration TOWN OF ITHACA LOCAL LAW NO. 4 FOR THE YEAR 1995 A LOCAL LAW TO AMEND THE ZONING ORDINANCE OF THE TOWN OF ITHACA TO PROVIDE FOR EXPIRATION OF PRELIMINARY SITE PLAN APPROVAL. Be it enacted by the Town Board of the Town of Ithaca 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. Section 46-e of the Zoning Ordinance is amended by renumbering paragraph 3 to be paragraph 4 and by inserting a new paragraph 3 reading as follows: "3. Except when a rezoning has occurred based upon a preliminary or general site plan, any approval of a preliminary site plan may be revoked by the Planning Board, after a public hearing and upon written notice in person or by mail to the applicant (a) If a fully complete application for final site plan approval has not been submitted to the Planning Board within eighteen months of the date preliminary approval was granted, or (b) If an application is submitted within such eighteen month period, such application is not diligently prosecuted by the owner to enable the Planning Board to grant final site plan approval within twenty-four months of the date preliminary approval was granted. The Planning Board may, when compliance with the foregoing time periods would create a significant hardship for the owner, extend the time periods for such periods and upon such conditions as the Planning Board may reasonably determine." 3. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. 4. This law shall take effect upon publication following its adoption.