HomeMy WebLinkAboutChapter 234 Subdivision Code - initial draft 11-02-2023.docxChapter 234. Subdivision of Land
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Town of Ithaca, NY – Chapter 234: Subdivision of Land
INITIAL DRAFT November 2, 2023
Article I: Introduction and Administration1
234-1. Authorization2
A. This chapter, which shall be known as the “Town of Ithaca Subdivision Regulations,” is3
adopted pursuant to the authority granted the Town of Ithaca by § 10 of the Municipal4
Home Rule Law, §§ 130, and 276, 277, 278, and 279 of New York State Town Law, and5
Article 16 of the New York State Town Law, and other laws empowering the Town to6
regulate subdivisions and land divisions within the Town. 7
B. Pursuant to the New York State Town Law §§ 271 and 276, the Town of Ithaca hereby8
empowers the Town of Ithaca Planning Board, and other Town of Ithaca officials as9
herein named, to act pursuant to this chapter and to review and, where appropriate, 10
approve the subdivision of land in the Town of Ithaca. 11
234-2. Policy. 12
A. The policy of the Town of Ithaca is to consider land subdivision regulations as part of a13
Comprehensive Plan for the orderly, efficient, coordinated, and economical development14
of the Town of Ithaca. Proper provision shall be made for drainagestormwater15
management, water supply, sewerage, highwaystransportation, open space, and other16
needed improvements, and to provide protection against floods and to otherwise17
promote the health, safety, and welfare of the Town's inhabitants. 18
B. The Subdivision Regulations are adopted to guide, promote, and protect the19
community's physical, social, and aesthetic development in order to preserve the20
character of the Town as a beautiful and desirable place in which to live. 21
C. Preserving the natural beauty and topography of lands within the Town of Ithaca by22
fostering appropriate development which shows regard for the protection of23
environmentally sensitive areas and existing landforms, as well as agricultural land and24
agricultural practices. All proposed lots shall be laid out in harmony with the prevailing25
pattern of development, with development following the contour of the land as much as26
possible. Developers of large subdivisions are encouraged to consider the use of27
clustering in their designs. Clustering may permit a flexibility in the development and use28
of land. Clustering results in a concentration of occupancy and use in a particular area of29
land and space. The increased use of the cluster provisions of Town Law may30
encourage the preservation of available open space within residential communities and31
reduce the cost and maintenance of public improvements. 32
D. The Planning Board may adopt provisions for parks, playgrounds and other recreational33
facilities pursuant to the Town of Ithaca Park, Recreation, and Open Space Plan. 34
E. All streetsThe transportation network shall be of such width, grade, and location in order35
to accommodate the prospective traffic, including accommodation of pedestrian and36
bicycle traffic as may be required by the Town of Ithaca Complete Streets Policy, and to37
facilitate emergency services, and to provide access for all firefighting equipment to all38
buildings, and to the future development of adjoining lands. 39
F. The Planning Board may allow alternate subdivision designs which vary bulk40
dimensional requirements of Chapter 270 of the Town Code to meet the above-stated41
objectives. 42
F. Conservation subdivision (Chapter 234-XX) shall be the preferred subdivision43
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Town of Ithaca, NY – Chapter 234: Subdivision of Land
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methodology in all cases of new subdivisions and resubdivisions in accordance with the44
requirements of that chapter. The applicant is also referred to the requirements of45
Chapter 270-XX (Site Plan Approval). 46
G. In a proposed or approved regulating plan area for traditional neighborhood47
development (TND), the New Neighborhood Code applies additional and different48
requirements for thoroughfare and street types and pattern, parks and preserves, lot49
arrangement, and other aspects of 1) neighborhood design, 2) the public realm, and 3) 50
subdivision review and approval. (See §§ 272-301 through 272-310, 272-403, 272-51
702.3, 272-802, and 272-803. TND street construction and engineering standards and52
TND stormwater design guidelines are in separate guides.) 53
234-3. Supersession. 54
A. Pursuant to Municipal Home Rule Law § 22, the Town hereby states that its intent is to55
supersede, to the extent of any conflict in definitions, procedures, or filing and approval56
requirements: 57
1. Town Law § 276 (adopted as Laws of 1992, Chapter 727, § 1, and amended by58
Laws of 1994, Chapter 486, §§ 10 to 13, Laws of 1995, Chapter 423, § 7 to 11, Laws59
of 1996, Chapter 235, § 6, Laws of 1997, Chapter 458 § 25), and Subdivisions 4, 5, 60
6, 7, 8 and 11 of such § 276, mainly to the extent that the Town has adopted different61
definitions, different time lines, additional or differing requirements and62
responsibilities of Town employees and the Town Planning Board relative to the63
review of subdivision and related applications, the creation of an exempt subdivision64
category, additional or different requirements for subdivisions and related65
applications, and differing standards of review, approvals, and approval procedures; 66
and67
2. Town Law § 277 (adopted as Laws of 1997, Chapter 458 and Laws of 1992, Chapter68
727), including Subdivision 7 thereof, and also including the supersession of69
Subdivision 2 to the extent that the Town has added additional requirements. 70
234-4. Interpretation and relationship to other regulations and actions. 71
A. Other local regulations. These regulations shall not, nor are they intended to, nullify any72
more restrictive local regulations, laws or ordinances in effect in the Town of Ithaca. 73
B. Design and construction of site improvements shall be in accordance with the standards74
and specifications described in the Town of Ithaca Site Design and Development75
Criteria, which are incorporated herein by reference. Editor's Note: Town of Ithaca Site76
Design and Development Criteria are on file in the Town Engineering Department. 77
C. Conflict with public and private provisions. 78
1. Public provisions. These regulations are not intended to interfere with, abrogate79
or annul any other ordinance, rule, regulation, statute or other provision of law. 80
Where any provision of these regulations imposes restrictions different from81
those imposed by any other provision of any local ordinance, regulation or law, 82
that provision which is more restrictive or imposes the higher standard shall83
control. 84
2. Unless specified herein, procedural and other requirements described in New85
York State Town Law §§ 265-a, 276, 277, 278, 279 and elsewhere in New York86
State law shall apply to all proposed subdivisions. 87
1.3. Private provisions. These regulations are not intended to annul or void88
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any easement, covenant or other private agreement or restriction. Enforcement89
of any such provisions, whether or not discussed in the subdivision review90
process, shall not be the responsibility of the Town of Ithaca. 91
D. Nothing in these regulations shall prohibit the subdivider from placing additional92
restrictions, not in violation of these regulations, on lots within the development. 93
E. In their interpretation and application, the provisions of these regulations shall be held to94
be minimum requirements, adopted for the promotion of public health, safety, and general95
welfare. 96
F. Whenever any subdivision is proposed, and before any contract for the sale of, or any97
offer to sell any lot in such subdivision is made, and before any permit for the erection of a98
structure in such subdivision shall be granted, the applicant shall apply, in writing, for99
approval of such subdivision in accordance with this section. 100
234-5. Applicability. 101
A. The provisions contained herein shall apply to all land within the corporate limits of the102
Town of Ithaca, outside the Village of Cayuga Heights. All divisions of land within the103
Town of Ithaca shall be designed and submitted for approval in compliance with the104
standards and procedures set forth herein. 105
B. All plans for division of land within the Town of Ithaca shall receive approval in106
compliance with these regulations before being recorded in the office of the Tompkins107
County Clerk. 108
C. Notwithstanding all other provisions of this chapter, all property constituting less than109
100 acres for which the Town of Ithaca is under a valid, executed contract to purchase110
shall be exempt from all provisions of this chapter. Such exemption shall expire if said111
contract is terminated prior to closing of title. 112
D. The Planning Board shall waive the subdivision application process and fees for a113
subdivision or resubdivision creating no more than two lots, inclusive of the lot to be114
donated or acquired, which conform to zoning or have received the requisite variances, 115
where one lot is donated to, or acquired by, the Town, county, state or federal116
government or a qualified nonprofit conservation organization for open space purposes117
or other parkland. Such open space shall be in conformance with § 247 of the General118
Municipal Law. Nothing herein shall be deemed to exempt such subdivision or119
resubdivision from approval of the Planning Board, Tompkins County Department of120
Health or any other entity with approval authority. The resultant subdivision or121
resubdivision map shall be duly recorded with the Tompkins County Clerk’s office. 122
234-6. Minimum requirements. (Reserved) 123
124
234-7. General procedure. (Reserved) 125
Article II. General Procedures for Subdivision ReviewLot Line126
Adjustments and Exempt Subdivisions127
234-8. Applications for lot line adjustments shall be made to the Planning Department128
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and shall consist of the following documentation: 129
A. A completed Town of Ithaca Development Review Application and Owner’s130
Authorization, when applicable. 131
B. At least three copies of a survey map prepared by a licensed engineer or surveyor which132
indicates the existing lot lines as well as the proposed adjusted lot line on a scale no133
smaller than one inch equaling 100 feet. 134
C. Copies of the deeds to the properties in their current configuration, and a proposed deed135
for the parcel to be conveyed as a result of the lot line adjustment. A metes and bounds136
description of the properties in their present configuration and the proposed new137
configuration. 138
D. Application fee as set from time to time by Town Board resolution, as set forth in Chapter139
153, Fees, of the Code of the Town of Ithaca, and as set forth in any other applicable140
chapter or law. 141
A. Applications for lot line adjustments shall be reviewed by the Code Enforcement Officer142
and Director of Engineering to ensure that the lot line adjustment will not result in143
violation of any Town Codes. The Director of Planning or designee shall have 30 days144
from the date the application is received to approve or deny an application for a lot line145
adjustment. If the application is approved, the Director of Planning or designee shall146
issue a certificate of lot line adjustment, which shall be filed in the Tompkins County147
Clerk concurrently with the deed effecting the lot line adjustment. 148
234-9. Exempt Subdivisions. 149
A. Required submissions. 150
1. An applicant shall submit the following to the Planning Department: 151
a. A sketch plan of the proposed exempt subdivision; 152
b. Narrative statement describing how all qualifications for an exempt153
subdivision are met; 154
c. At least three copies of a signed and certified survey of the affected land155
showing all proposed lot boundaries; and156
d. A proposed SEAF. If there is a potential to disturb more than two acres of157
land as determined by the SMO, then the SMO shall require stormwater158
review and compliance. 159
2. If an SWPPP is required, it shall be submitted to and approved by the Town prior160
to approval of the exempt subdivision. 161
B. If for any reason the Director of Planning or designee believes that there are special162
circumstances involved with any proposed exempt subdivision, such as unique163
topography, the presence of creeks or streams, prior subdivisions of any one or more164
involved, adjacent, or related lots, the effects upon agricultural districts, the effects upon165
Cayuga Lake and its tributaries, highway safety, or any hazard or potential hazard to life, 166
property or public peace or welfare, the Director of Planning may refuse exempt167
subdivision status and refer the proposed Subdivision and Sketch Plan to the Planning168
Board for review and classification. 169
C. Lots that were involved in any prior exempt subdivision shall not be permitted further170
division as exempt subdivisions, whether by the same or any other person and171
regardless of the time frame between any such proposed subdivisions. Similarly, lots172
involved in any major subdivision or minor subdivision shall not be permitted to be173
further divided as exempt subdivisions. 174
D. The Director of Planning or designee shall review the SEAF and classify the action for175
Commented [MS1]: In general, should we still be
referring to a Development Review Application? With
Opengov, we aren’t using that form anymore, or is
Development Review Application just referring to the
overall application process?
Commented [MS2]: right now the Town Engineer
stamps the survey, but looks like it is proposed to have
Planning issue a certificate - will county assessment
accept the certificate and not have something on the
actual map?
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purposes of SEQRA. If classified as a Type I Action, the applicant shall submit a FEAF176
for review. If there are no other involved agencies the Town shall conduct an177
uncoordinated review and the Town may make a determination of environmental178
significance following a requisite hard look at potential environmental impacts and179
consequences. No approval of any exempt subdivision shall be made until the SEQRA180
process is properly concluded. 181
E. If a subdivision meets the definition of and rules for an exempt subdivision then, after182
and upon a review and approval thereof, the Director of Planning may place a zoning183
seal upon at least two surveys and approve such exempt subdivision. At least one such184
sealed survey shall be given to the applicant, and at least one such sealed survey shall185
be delivered to the Chair of the Planning Board. 186
F. Any nonconforming lot shall not be reduced in its area or any dimension through187
subdivision or otherwise as to increase the amount of nonconformity. 188
234-9. Resubdivision189
A resubdivision to make a change in a lot to accommodate as-built plans or a similar type of190
accommodation and which does not create a new lot or make any lot concerned nonconforming191
may be classified as a Lot Line Adjustment. 192
Article III. General ProceduresClassification of and Application for193
Subdivision Review194
234-109. Pre-application conference. 195
A. The Pre-application conference is an opportunity for the Applicant to present and196
discuss a conceptual plan for the proposed subdivision with the Planning Department197
prior to committing resources to the preparation of a Sketch Plan. All Applicants are198
encouraged to attend a Pre-application conference prior to submitting a Sketch Plan and199
Applicants for a Conservation Subdivision are required to do so. 200
B. Pre-application conferences include: 201
1. Review of application requirements and procedures; 202
2. Review of conceptual design of the project; 203
3. Review of Town plans and policies concerning development. 204
C. No statement, comment, or other communication made during this informal review shall205
be binding upon any party. 206
234-110. Sketch plans and preapplication information (formerly § 234-14). 207
A. When required by the Planning Board or Town Planner, the subdivider shall present a208
sketch plant and supporting data solely for purposes of informal review and discussion. 209
When not otherwise required, a sketch platn may be submitted at the option of the210
applicant. When provided, a sketch plant shall be clearly marked as such and should211
include, at a minimum, the following information: 212
1. A. completed Town of Ithaca Development Review Application and Owner’s213
Authorization, when applicable. General subdivision information outlining the existing214
conditions of the site and the proposed development. 215
2. A narrative statement that the Subdivider has read and understands the intent of the216
requirements of these regulations, that every lot in the subdivision meets the217
Commented [MS3]: I don’t see a submission
timeframe for submission, how many days to submit
before a PB meeting (preliminary lists 20 business
days?
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requirements of the Zoning (Chapter 270) for the zoning district in which it is located, 218
unless otherwise noted, and how the Subdivider intends to comply with the219
Stormwater Management and Erosion and Sediment Control requirements (Chapter220
228). 221
3. A location map showing identifying the following: 222
a. Name of the owner of record and location of the land in question, including223
the Assessor's Tax Map number and lot number, north point, and date. 224
b. Boundaries of the tract to be subdivided, plotted to scale. If the applicant225
intends to develop the tract in stages, the entire tract shall nevertheless be226
included in the conventional sketch plan with the stages identified. 227
a.c. tThe relationship of the proposed subdivision to existing community facilities. 228
d. A plat showing iIn simple form, the existing and proposed development, 229
proposed layout of streets and, lots, with dimensions and areas and other230
features of the proposed subdivision. 231
e. Utilities. 232
f. Location and nature of all existing easements, deed restrictions, and other233
encumbrances. 234
b.g. For cluster subdivision, a completed Resource Inventory as articulated in235
234-24 (E). 236
3. A Town of Ithaca Short Environmental Assessment Form, Part I, which should be237
completed and filed with the Planning Board at the time of sketch plat review. 238
4. A fee or deposit in the amount set from time to time by Town Board resolution. 239
B. It is the responsibility of the applicant to provide a sketch plan that depicts a reasoned240
and viable proposal for subdivision and subsequent development of the lot(s). 241
B.C. C. Planning Board members may suggest modifications to, but shall not242
approve or disapprove, the sketch plan. Comments made by individual Board members243
during sketch plan review shall not be interpreted as constituting approval or disapproval244
by the Board, nor shall they be interpreted to limit the scope of any subsequent review or245
approval of a derivative plan. 246
234-12. Single-Stage Review. 247
A. Applications for subdivision plats to be reviewed in one stage where no preliminary248
subdivision review is required shall be submitted in final form and shall include all249
information required for preliminary and final plats as specified in §§ 234-15 and 234-16250
of this chapter. 251
B. The submitted plat drawing shall be marked as final and shall include a note that no252
preliminary subdivision review was required. 253
C. The process for single-stage subdivision review shall be as required in New York State254
Town Law Article 16, § 276, Part 6(d), as may be amended. 255
D. Applications for subdivision classified as Conservation Subdivision are not eligible for256
single-stage review. 257
234-13. Complete Subdivision Application. (Formerly § 234-36) 258
A. Applicants must submit the documents and information required by a checklist approved259
by Town Board resolution, and which the Town Board may revise from time to time by260
resolution. The Town Board must send the initial proposed checklist and any revisions to261
the Planning Board for its recommendation. 262
Commented [MS4]: Do we want/need the Short EAF
as part of sketch plan? I haven’t asked for it in the past.
Commented [GU5R4]: I had this same question...turns
out that I think it was in our existing law. If it's not a part
of NYS Town Law submission requirements, then I
think we should leave it out.
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B. Plats for subdivisions as well as subsequent development thereof shall be prepared by a263
New York State licensed professional surveyor. 264
234-14. Improvement Plans and Related Information. (Formerly § 234-37) 265
Where improvements are required for a proposed subdivision, Applicants must submit the266
documents and information required by a checklist approved by Town Board resolution, and267
which the Town Board may revise from time to time by resolution. The Town Board must send268
the initial proposed checklist and any revisions to the Planning Board for its recommendation. 269
234-15. Preliminary Plat subdivision review. 270
A. The procedure for preliminary subdivision review shall be as provided for in these regulations271
and Town Law §§ 276 through 281, as they may from time to time be amended. The preliminary272
plat, topographic map, street profiles and all other necessary information shall be in full273
compliance with the provisions of Town Law and these regulations except where variations274
therefrom may be specifically authorized by the Board. 275
B. The subdivider shall submit to the Town Planner or the Town Planner's designee a all276
materials as specified by § 234-13. development review application, a preliminary plat in the277
form required by Article VI, § 234-36, the Town of Ithaca Environmental Assessment Form, Part278
I, a stormwater pollution prevention plan meeting the requirements of Town Code Chapter 228, 279
and 20 reduced copies of the improvement plans and other information required by these280
regulations. All required information must be received by the Planning Department at least 320281
business days prior to the Planning Board meeting at which the subdivision will be considered. 282
C. The applicant shall post a public notice sign on the property at least 14 and no more than 30283
days prior to the public hearing as specified in § 234-4D, as amended. Failure to post or284
maintain the signs as provided in this subsection shall not be a jurisdictional defect and any285
action taken by the Planning Board in connection with the application shall not be nullified or286
voidable by reason of the failure to comply with this subsection. However, the failure to post or287
maintain the sign may be grounds, should the Planning Board in its discretion so determine, to288
deny the application sought or to decline to hear the matter at the scheduled meeting date by289
reason of the failure to have the appropriate signs installed and/or maintained. The Planning290
Board may, on good cause shown, waive the requirement of the posting of signs as called for by291
this section and by the applicable provisions of Chapter 270, Zoning. 292
D. Any action or determination of the Planning Board approving an application, in whole or in293
part, whether final or preliminary, shall be revocable, in whole or in part, if the action or294
determination was made in reliance on any misrepresentation, concealment, or other fraudulent295
act or statement by the applicant or was based on a mistake as to a material matter. 296
E. Within [xxx] business days of the adoption of the resolution granting approval or disapproval297
of a preliminary plat, it shall be certified by the Secretary of the Planning Board as having been298
granted or denied preliminary approval, and a copy of such resolution shall be filed in the office299
of the Town Clerk. A copy of the resolution approving or disapproving the plat shall be included300
in the Planning Board's minutes and a copy mailed to the applicant. 301
234-16. Final Plat subdivision review. 302
A. The procedure for final subdivision review shall be as provided for in these regulations and303
Town Law §§ 276 through 281, as they may from time to time be amended. The subdivider304
must file with the Board an original and four copies of the final subdivision plat and street305
profiles in the form described in Article VI, § 234-38, except where variations therefrom may be306
Commented [MS6]: Does it have to be mailed? Could
this also be provided through Opengov?
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specifically authorized by the Board. The subdivider must also file a modified stormwater307
pollution prevention plan meeting the requirements of Town Code Chapter 228, if modifications308
are necessary to comply with any conditions imposed as part of the preliminary plat approval. 309
B. The final plat and improvement plans shall be submitted to the Town Planner or Town310
Planner's designee at least 320 business days prior to the date of the Planning Board meeting311
at which time final approval is requested. The Town Planner shall enter the date of receipt on312
the material submitted. 313
C. The Planning Board shall, within 45 days from the date of submission of the final plat, 314
conditionally approve with or without modifications, disapprove, or grant final approval and315
authorize signing of such plat. The Planning Board may also, for good reason, cause the316
extension of this review period. Such approval shall, however, not be deemed final until the317
subdivider has complied with the provisions of the following subsections: 318
1) The subdivider shall tender "offers of cession," in a form certified as satisfactory by the Town319
Attorney, of all land included in streets, highways or other public improvements. However, 320
approval of the plat by the Planning Board shall not constitute acceptance by the Town Board of321
any street, highway, or other public improvements. 322
2) The subdivider shall obtain and file with the Planning Board a letter from the Tompkins323
County Department of Health indicating satisfactory design compliance with the realty324
subdivision provisions of the County Sanitary Code. 325
D. In a regulating plan area for traditional neighborhood development (TND), additional and326
different requirements for final subdivision approval apply. (See § 272-803.4.) 327
E. Within [xxx] business days of the Planning Board resolution approving, conditionally328
approving or disapproving a final subdivision plat, said resolution shall be certified by the329
Secretary of the Planning Board, a copy of the certified resolution shall be filed with the Town330
Clerk and another copy mailed to the applicant. 331
234-17. Planning Board findings. 332
333
Land shall be suited to the purposes for which it is to be subdivided. This policy is articulated to334
ensure that the highest standards of site, building and landscape design are met335
conscientiously, through the use of qualified technical and aesthetic judgment and principles of336
sustainability consistent with the Town of Ithaca Comprehensive Plan. The Planning Board will337
be guided in its consideration of an application for the subdivision of land by the following338
general requirements. Regardless of whether or not development is proposed, Planning Board339
decisions regarding subdivisions shall be accompanied by findings relative to the following: 340
A. Review of the proposal was completed in compliance with applicable procedural341
requirements. 342
B. Physical Characteristics. Land must be buildable and free of hazard. The physical343
characteristics of the land to be subdivided shall be such that it can be used for natural344
resource conservation or building purposes without danger to health and safety or peril345
from fire, flood, or other menace. Proper provision must be made for stormwater346
management, water supply, sewerage and other needed improvements and347
consideration must be given to the future development of adjoining lands. Particular348
attention shall be given to the arrangement, location and width of streets, their relation to349
the topography of the land, lot sizes and arrangement and the future development, and350
natural and cultural resources of adjoining lands. All subdivisions shall meet Town, 351
County, State, and Federal regulations and requirements. The subdivision design follows352
the Town's adopted Complete Streets Policy and Site Design and Development Criteria. 353
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The proposal clearly and accurately describes the proposed lots as well as proposed354
development of same. 355
C. Natural and Historic Features. Land is to be subdivided in a way that protects the356
natural, cultural and scenic resources of the Town for the benefit of all residents. To the357
extent practicable, all existing features of the landscape, such as trees of significant358
diameter-at-breast-height (DBH) caliber, vegetative communities, rock outcrops, 359
important ecological communities, surface and groundwater resources, unusual glacial360
formations, flood courses, cultural and historic sites, viewsheds, and other such361
irreplaceable assets shall be preserved thereby preventing ecological damage and362
visual blight which occur when those features or vegetation are eliminated or363
substantially altered to serve development purposes only. Provision shall be made for364
maintaining undeveloped natural areas and corridors to mitigate any adverse365
environmental impacts of a proposed subdivision, and to sustain biodiversity to366
implement the Town’s policies of protecting environmental and cultural resources367
pursuant to the Town Comprehensive Plan and other applicable local laws. 368
D. Parks and Open Space. Park areas of suitable location, size and character for369
playground and other recreational or open space purposes shall be shown on the370
subdivision plat in proper cases and when required by the Planning Board. The Planning371
Board may adopt provisions for parks, playgrounds, and other recreational facilities372
pursuant to the Town of Ithaca Park, Recreation, and Open Space Plan. Provision shall373
be made for adequate permanent reservations of open space, pedestrian trails, viewing374
areas, and parks, and such areas shall be shown on the plat. 375
E. Protection of Agricultural Infrastructure and Significant Agricultural Lands. 376
Consideration will be given to maintaining the viability of farming and protecting377
significant agricultural lands by minimizing adverse impacts on agricultural land378
remaining from the subdivision, prime and unique agricultural soils, adjoining or nearby379
agricultural land and operations, existing natural buffers, and agricultural infrastructure380
including but not limited to surface and subsurface agricultural drainage systems, farm381
equipment access points, and equipment lanes. 382
F. Proposed lots and development provide for: 383
1. Sufficient space for on-site parking, loading and unloading and similar activities. 384
2. Adequate emergency access. 385
3. Proper drainage in compliance with Chapter 228 of Town Code and current386
NYSDEC requirements. 387
4. Safe and sufficient water supply. 388
5. Proper sewage disposal. 389
6. Proper access to other available utilities such as gas, electric and telephone. 390
G. Proposed lot layouts and development are designed and arranged to minimize modification391
of existing landforms, including rock outcroppings, hilltop lookouts and natural contours. 392
H. Proposed lot layouts and development are designed and arranged to avoid impacts to393
natural features identified in the Town of Ithaca Open Space Index. 394
I. Proposed lots and development avoid encroaching on areas subject to periodic395
flooding. Where avoidance of such areas proves impractical, such measures, as required in396
Chapter 157 of the Town of Ithaca Code, Flood Damage Prevention, will be taken to minimize397
potential for flood damage to proposed improvements and adjoining properties. 398
J. Outdoor lighting shall be dark-sky-compliant in accordance with the provisions contained399
in § 173 of the Town Code. 400
Commented [MS7]: Is gas even going to be allowed in
the future for new subdivisions?
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234-187. Modifications of final plat. 401
If there are modifications of the final plat requested by the subdivider subsequent to its filing in402
the office of the County Clerk, such requests shall be made in writing to the Town Engineer, 403
who is hereby empowered to approve minor, practical modifications on behalf of the Planning404
Board. When, in the opinion of the Town Engineer, the requested modifications are substantial405
in nature, scope or extent, and materially affect the subdivision plat as approved by the Planning406
Board, the subdivider shall not proceed without the approval of the Planning Board. Such407
approval may be granted at any public meeting of the Board called for this purpose. The Town408
Engineer shall report any modifications approved by him to the Planning Board at its next409
regularly scheduled meeting. 410
234-19. Public hearings. (Formerly § 234-4) 411
A. Notice of public hearings shall be published in the official newspaper of the Town of Ithaca at412
least five days before the Planning Board meeting. The law governing the holding of public413
hearings for subdivision approval is set forth in § 276 of the Town Law. 414
B. Advertising or publishing the notice, in accordance with the provisions of law, is the only415
notice legally required. 416
C. However, in order to promote public information and participation in the subdivision approval417
procedures, the Planning Board may direct the Planning Board Secretary or other authorized418
person to make reasonable efforts to notify owners of land whose property is adjacent to and419
abuts upon any boundary of the land for which subdivision approval is sought or whose land is420
in the immediate vicinity of the proposed subdivision and who have such standing as will421
support their interest in the subdivision or site plan. The failure to give any such notice shall not422
invalidate in any manner any action or determination by the Planning Board, nor shall such423
failure be a basis for any proceeding or action against any officer, official or employee, or a424
member of the Town Board or Planning Board. 425
D. A public notice sign of the pending public hearing, obtainable at the Planning Department, 426
shall be posted on the property to be subdivided in view of a public road not less than 14 days427
nor more than 30 days prior to the public hearing at which the subdivision is to be considered. 428
Failure to post or maintain the signs as provided in this subsection shall not be a jurisdictional429
defect and any action taken by the Planning Board in connection with the application shall not430
be nullified or voidable by reason of the failure to comply with this subsection. However, the431
failure to post or maintain the sign may be grounds, should the Planning Board in its discretion432
so determine, to deny the application sought or to decline to hear the matter at the scheduled433
meeting date by reason of the failure to have the appropriate signs installed and/or maintained. 434
The Planning Board may, on good cause shown, waive the requirement of the posting of signs435
as called for by this section and by the applicable provisions of Chapter 270, Zoning. 436
234-20. Environmental review. (Formerly § 234-7) 437
The subdivider, at any stage of his application for subdivision approval shall furnish such438
information, data, maps, reports or other documents which the Town or the Planning Board, as439
its agency, may require for the environmental review procedures including all applicable440
requirements of the New York State Environmental Quality Review Act and Chapter 148, 441
Environmental Quality Review, of the Code of the Town of Ithaca, as it may be amended from442
time to time, or any other applicable rule, regulation, code or law. The Planning Board will443
usually act as the lead agency for the environmental review of subdivisions within the Town of444
Ithaca, although the subdivider may also be required to obtain permits from other agencies, 445
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such as the Tompkins County Health Department, prior to final approval of the project. 446
234-21. Fees. (Formerly § 234-8) 447
A. There shall be paid to the Town the application fees, review fees, hearing and/or agenda448
fees, escrow deposits, SEQR fees and other charges as set from time to time by Town Board449
resolution, as set forth in Chapter 153, Fees, of the Code of the Town of Ithaca, and as set forth450
in any other applicable chapter or law. 451
B. The time of payment of such fees, the process for calculating, depositing and/or paying452
same, and the circumstances under which the fees or deposits may be modified shall all be as453
set forth in Chapter 153, Fees, of the Town of Ithaca Code. 454
C. The Town officials receiving such fees shall issue a receipt stating the purpose of the455
payment. This receipt must be filed with the application as evidence of payment. 456
234-22. Appeals and waivers. (Formerly § 234-10) 457
A. The appeal by an aggrieved person for a review of the determination of the Building458
Inspector, Town Engineer, or Town Planner as provided for in § 234-3A of these regulations459
shall be made in writing, shall set forth in a reasonably concise manner the determination from460
which an appeal is made and a full statement of the particulars and reasons why the subdivider461
believes the appeal should be reviewed in such detail on such forms as may be required by the462
Planning Board. Such appeal must be filed with the Secretary of the Planning Board at least 14463
days prior to the meeting of the Planning Board at which the appeal shall be heard. The464
Planning Board in its sole discretion may waive the aforesaid requirement and permit an appeal465
to be reviewed in a shorter period of time. The Planning Board shall render its decision in writing466
within 30 days of the meeting at which the appeal is reviewed. 467
B. Waivers. When the strict application of any of the specifications and provisions of these468
regulations will cause unnecessary or significant hardship or practical difficulties, the Planning469
Board may waive any such specification or other provision provided that the Planning Board470
determines that neither a significant alteration of the purpose of subdivision control is made, nor471
the policy enunciated or implied by the Town Board in adopting these regulations is impaired. 472
Whenever any such waiver is granted, a copy thereof must be immediately delivered to the473
Town Clerk for distribution to the members of the Town Board. 474
C. An appeal from any determination of the Planning Board shall be made in accordance with475
the requirements of Article 78 of the New York Civil Practice Law and Rules. 476
477
234-11. Amendments and rules. 478
These regulations may be amended from time to time by the Town Board. The Planning Board479
may adopt and amend rules for the administration and implementation of these regulations, 480
provided they are not in conflict therewith. A copy of any such amendments shall be distributed481
to the Town Clerk for distribution to the Town Board members. 482
234-23. Severability. (Formerly § 234-12) 483
A final determination by a court of competent jurisdiction that any one or more of the provisions484
of these regulations are illegal, unconstitutional or otherwise void shall not affect the validity of485
all other provisions and such other provisions shall continue to be enforceable and in full force486
and effect. 487
234-13. When effective. 488
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These regulations shall be effective upon adoption by the Planning Board and approval of the489
Town Board. The Planning Board may direct that a notice of the adoption shall be published in490
the official newspaper within 10 days of the approval by the Town Board. 491
Article IV. Subdivision Design Standards492
234-24. Incorporation of provisions in all plats. 493
The design standards of this article shall be incorporated in all proposed plats. 494
234-25. Preservation of natural features. 495
A. Proposals for subdivision and development of land shall be designed to preserve and496
protect natural features as identified in the Town of Ithaca Open Space Index. 497
B. Existing vegetation shall be preserved by the applicant during development to the fullest498
extent possible. 499
1. Special precaution shall be taken to protect existing native trees and shrubbery500
during the process of grading the lots and roads. 501
2. Where any land other than that included in public rights-of-way is to be reserved for502
public or common use, the developer shall only remove such trees and other503
vegetation from the land so reserved as are specifically designated for removal on504
the plat approved by the Planning Board. 505
C. The boundaries and alignment of existing surface water shall be preserved unless the506
Planning Board finds that a change would be ecologically sound. 507
D. Land development within federal and/or state regulated wetland areas shall be subject to508
the appropriate agency approval. 509
E. Land subject to flooding or land deemed by the Planning Board to be uninhabitable shall510
not be plotted for residential occupancy or uses that may be a danger to health, life or511
property or aggravate an existing flood hazard. Such land areas shall be noted as512
undevelopable" on the plat. 513
234-26. Flag lots? 514
Flag lots are permitted in limited applications in cluster subdivisions to avoid extending streets515
further than necessary. The following standards shall apply: 516
1. No more than two contiguous flag lots shall be created. Shared driveways are517
encouraged between adjacent flag lots. 518
2. Flag lots shall comprise no more than 10 percent of all lots in the subdivision. 519
3. The access strip of a flag lot shall be owned by the owner of the main portion of the520
flag lot and shall extend to an existing public or private street. The access strip shall521
serve as the primary access for the lot. 522
4. The access strip shall have a minimum width of 20 feet. The width shall be increased523
as necessary to contain all grading for the driveway within the access strip. 524
5. The access strip shall have a maximum length of 200 feet. 525
6. The minimum lot area of the flag lot shall be calculated exclusive of the access strip. 526
234-3127. Minimum gross area for clustering. 527
A. The minimum gross area for any clustered subdivision proposal shall be five acres. Clustered528
subdivisions are permitted only with respect to residential dwelling units. Clustered subdivisions529
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are permitted in all zoning districts except the Office Park Commercial Zone, Vehicle Fueling530
and Repair Commercial Zone, Light Industrial Zone, and Industrial Zone. The Planning Board531
may not require a subdivider to prepare a cluster plan for lands in a High Density Residential532
Zone. 533
Amended 6-7-2004 by L.L. No. 6-2004; 10-20-2014 by L.L. No. 16-2014] 534
B. The area of the subdivision required to be reserved by the developer for open space shall not535
be more than 10% of the gross area, and shall contain in any event a parcel with an open area536
of at least 10,000 square feet. 537
C. At the time of preliminary approval, it shall be determined whether or not the subdivision to538
be considered shall be a cluster design. When the subdivider presents to the Planning Board a539
traditional subdivision plan, the Planning Board may approve a preliminary plat for a given540
number of units, contingent upon all or part of those units being clustered in a final plat541
acceptable to the Planning Board. 542
D. When the subdivider proposes to develop a portion of the property as a traditional543
subdivision and a portion as a clustered subdivision, the Planning Board may approve, modify544
and approve, or disapprove the proportions of the project and locations which shall be545
developed traditionally or be clustered. 546
E. In the event the Planning Board approves a traditional subdivision plan at the preliminary547
subdivision hearing, the subdivider shall have the option of submitting a cluster plan prior to final548
plat approval. In this case, the Planning Board shall schedule a public hearing prior to final549
subdivision approval in order to consider the cluster proposal. 550
234-28. Conservation subdivision. 551
A. Purpose. Pursuant to § 278 (cluster subdivisions) of New York Town Law, the purpose552
of these regulations is to: 553
1. Achieve a balance between well-designed development, meaningful open space554
conservation and natural resource protection in the Town of Ithaca by requiring555
conservation subdivisions instead of conventional subdivisions. Conservation556
subdivision (clustering) is intended to encourage conservation and development in557
the most appropriate locations on a subdivided parcel, to limit the impact of558
development on sensitive and/or significant natural, agricultural, scenic and cultural559
resources, and to encourage development that enhances the Town's rural character, 560
pattern and scale of settlement. 561
2. Allow for residential development on lots that are smaller than would otherwise be562
permitted in the applicable zoning district in exchange for the protection of563
conservation assets identified in the Town's Open Space Index. 564
3. Encourage the placement of lots and design of streets in a manner that results in565
more efficient provision of infrastructure and delivery of public services and that566
supports a walkable and socially cohesive residential community. 567
4. Maintain and preserve the natural, agricultural, scenic and cultural assets identified568
in the Town's Open Space Index. 569
5. Advance the goals of the Town's Comprehensive Plan. 570
B. Guiding principles. 571
1. A conservation subdivision must be designed and maintained to ensure that the572
conservation assets located on the site retain their ecological, hydrological, 573
agricultural, scenic and other qualities. The design must be designed and maintained574
to avoid fragmentation of conservation assets and to maintain corridors that connect575
significant ecological communities. 576
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2. Procedures and institutional structures for ongoing management of the conservation577
assets on the site are required as a condition of subdivision approval. 578
3. Conservation subdivisions must comply with all other provisions of Chapter 234, 579
Subdivision of Land, except when specifically noted in this section. 580
4. Graphics in these regulations are included for illustrative purposes and to assist the581
applicant. 582
C. Exceptions. 583
1. The Planning Board will not require a conservation subdivision if the total acreage of584
land to be subdivided into three or more building lots is less than five acres. 585
2. If, based upon the Resource Analysis described in Subsection D below, the Planning586
Board determines that there is no reasonable basis for requiring a conservation587
subdivision, the Board may allow and may approve a conventional subdivision plat. 588
In order for the Planning Board to make such a determination, the Planning Board589
must find at least one of the following: 590
a. The land contains no substantial resources with conservation value; 591
b. The total acreage under consideration is too small to preserve a substantial592
amount of land with conservation value (this criterion shall not be evaded by593
piecemeal subdivision of larger tracts); or594
c. The lot configuration is unique and precludes preservation of a substantial595
amount of land with conservation value. 596
D. Conservation subdivision of a portion of larger tract. 597
1. The Planning Board may entertain an application for a subdivision of a portion of a598
parcel if a Resource Analysis is provided for the entire parcel. 599
2. The approval to develop a portion of the parcel is not a basis for the Applicant or600
successor in interest to subsequently request an exception under Subsection C(3) 601
for the remainder of the parcel. 602
E. Resource analysis. 603
1. As part of its sketch plan and preliminary plat submission, an applicant shall prepare604
a Resource Analysis, consisting of inventory maps, a written description of the land605
and an analysis of the conservation value of various site features. 606
2. The Resource Analysis must identify and delineate all Class 1, Class 2 and Class 3607
lands as described below. 608
609
a) Class 1: Constrained or unbuildable land. 610
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611
612
Class 1: Constrained or unbuildable lands are areas that cannot be developed due to federal, 613
state or Town regulations, deed restrictions, easements or other physical or legal limitations to614
development. The area of these lands will not count in the determination of the maximum615
number of lots on the site nor in the computation of the preserved acreage. Constrained or616
unbuildable lands include, but are not limited to: 617
1] Wetlands that require a permit from the NYS DEC or U.S. Army Corps of Engineers. 618
2] Flood hazard areas (Zone A or Floodway). 619
3] Slopes of 40% or more. 620
4] Land within 25 feet of the mean high water mark of Cayuga Lake or 100 feet of the bed621
of a stream classified as Class C or higher by the NYS Department of Environmental622
Conservation. 623
5] Land within an existing or proposed stormwater management facility or right-of-way. 624
6] Land occupied by existing or proposed public utility structures or improvements. 625
7] Land encumbered by existing easements or otherwise unavailable for development. 626
8]____Land within Minimum Stream Setback Widths per Town Code § 270-219.5: Stream627
setback. 628
9]____Land within a Critical Environmental Area (CEA). 629
630
b) Class 2: Priority conservation assets. 631
Commented [MS8]: What about smaller wetlands?
Should all wetlands be listed here, or maybe the
smaller ones listed in Class 2 or 3?
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632
633
Class 2: Priority conservation assets include the following lands identified in the Town's Natural634
Resource Inventory, exclusive of any lands classified as Class 1: Constrained or unbuildable635
lands. 636
1] Land that includes rare or vulnerable ecological communities. 637
2] Woodlands. 638
3] Agricultural land that was farmed within the past two years, located within the strategic639
agricultural protection area, with soils classified as Prime, Prime if Drained, or Soils of Statewide640
Significance. 641
4] Riparian buffers within 150 feet of a stream centerline, exclusive of the 100-foot stream642
corridor included in Class 1. 643
5] Slopes of 15% or more but less than 40%. 644
645
c) Class 3: Other conservation assets. Class 3: Other conservation assets include the646
following lands identified in the Town's Natural Resource Inventory (Open Space Index??), 647
exclusive of any lands classified as Class 1: constrained or unbuildable lands or Class 2: priority648
conservation assets. 649
1] Other natural land cover types (including, but not limited to woodlands, wetlands, old650
field or shrubland) not included in Class 1 or Class 2. 651
2] Land visible from Cayuga Lake. 652
3] Land adjoining or visible from existing public or protected land. 653
4] Land including or adjoining historic sites. 654
5] Agricultural land that was farmed within the past two years, located outside the strategic655
agricultural protection area, with soils classified as Prime, Prime if Drained, or Soils of Statewide656
Significance as classified by the U.S. Department of Agriculture. 657
6] Land classified as Tompkins County Unique Natural Areas (UNAs). 658
7] Scenic landscapes. 659
8] Recreational resources. 660
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9] Lands that provide connectivity to public land. 661
10] Buffers for resources in adjacent or nearby parcels. 662
11] Publicly accessible open space. 663
664
3) Other conservation considerations. Applications for conservation subdivisions should665
also identify other conservation considerations applicable to the site, including but not limited to: 666
a) The visibility of the site from public vantage points. 667
b) Historic or indigenous sites within or adjoining the site. 668
c) How the built environment and natural features will be integrated through the design of669
the conservation subdivision. 670
671
4) The Resource Analysis shall describe the current and potential conservation value of all672
land on the site. In the course of its initial preliminary plat review, the Planning Board shall673
indicate to the applicant which conservation assets are most important to preserve. 674
5) The outcome of the Resource Analysis and the Planning Board's determination shall be675
incorporated into the approved preliminary plat, which shall show land to be permanently676
preserved by a conservation easement. The preliminary plat shall also show preferred locations677
for intensive development as well as acceptable locations for less dense development. 678
6) The determination as to which land has the most conservation value and should be679
protected from development by conservation easement shall be made by the Planning Board. 680
Whenever the Planning Board approves a preliminary plat with protected open space, it shall681
make written findings identifying the specific conservation values protected and the682
conservation findings supporting such protection. An application that does not include a683
complete Resource Analysis sufficient for the Planning Board to make its conservation findings684
shall be considered incomplete. 685
686
234-2932. Number of dwelling units permitted. 687
A. The number of dwelling units permitted in a clustered residential subdivision may in no case688
exceed the number otherwise permitted, in the Planning Board's judgment, by the applicable689
sections of Chapter 270, Zoning of the Code of the Town of Ithaca. The Planning Board may690
restrict the subdivider to a lesser number of dwelling units if, in the Planning Board's judgment, 691
particular conditions of the site warrant such restriction. In addition, the density of dwelling units692
in a clustered development shall not exceed 3.5 dwelling units per gross acre in a Medium693
Density Residential Zone or 2.3 dwelling units per gross acre in a Low Density Residential694
Zone. 695
Amended 6-10-2013 by L.L. No. 5-2013] 696
E. Calculation of number of dwelling units permitted. 697
1) The maximum number of dwellings allowed on a site shall be known as the base698
density. 699
2) Unconstrained acreage shall be determined by subtracting the acreage of Class 1: 700
constrained and unbuildable land from the total (gross) acreage. 701
3) Base density shall be determined by dividing the unconstrained acreage by the702
allowable number of acres per unit required within the zoning district. All fractional units shall be703
rounded to the nearest whole unit. A sketch plan of a conventional subdivision in which all lots704
comply with minimum lot sizes is required to demonstrate the number of units that can be705
accommodated on the site. 706
4) The maximum base density determined under this section may be further reduced by the707
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Planning Board as a result of the Resource Analysis required in Subsection D above. 708
5) Bonus density. Pursuant to § 261-b of New York Town Law, the base density, as709
determined by Subsection E(3) above, may be increased by up to 15% by the Town Board710
within areas served both by Water service areas and Sewer service areas, as delineated in the711
Town Comprehensive Plan, if permanent public access will be granted to the protected open712
space land and any associated improvements. 713
6) Density permitted by this section shall not be further reduced as a result of the714
reservation of parkland during the subdivision process. 715
716
B. To determine the number of dwelling units permitted to be clustered pursuant to Town Law § 717
278, the Planning Board may require the subdivider, as part of the sketch plat review process, 718
to prepare a conventional subdivision plat which meets all standards of Chapter 270, Zoning, 719
subdivision regulations, and Town of Ithaca highway and open space regulations. 720
Amended 6-10-2013 by L.L. No. 5-2013] 721
C. The Planning Board may exclude areas from the sketch plat which, in its opinion, are722
unsuitable for construction of the proposed housing because of excessive slopes, poor723
drainage, or other considerations which may be injurious to the health, safety, and welfare of the724
community. 725
D. Considerations which the Planning Board may use in order to limit the number of dwelling726
units or lots which may be developed in any clustered subdivision include but are not limited to: 727
1) Will such a development be substantially and materially injurious to the ownership, use and728
enjoyment of other property in the vicinity or neighborhood; 729
2) Will such a development impede the orderly development of land in the vicinity or730
neighborhood, and will such use be appropriate in appearance and in harmony with the existing731
or intended character of such land in the vicinity or neighborhood; 732
3) Will the street system and off-street parking facilities handle the expected traffic in a safe733
and efficient manner and not place an undue burden on existing roads; 734
4) Will the natural surface drainageways continue to work effectively; 735
5) Are water and sewerage or waste disposal facilities adequate; 736
6) Is the environmental quality of the proposal, in terms of site planning, design, and737
landscaping, compatible with the character of the neighborhood; 738
7) Are lot area, access, parking, and loading facilities sufficient for the proposed activities; 739
8) What effect will the density of such clustered construction and use have on the appearance740
and maintenance of open spaces in a neighborhood. 741
E. The number of units allowed in any clustered subdivision shall not exceed the number742
determined by the Planning Board as shown on the sketch plant. The Planning Board may allow743
the subdivider to cluster the permitted number of dwelling units in detached, semidetached, 744
attached, or multistory structures. 745
F. No more than six semidetached, attached, or multistory dwelling units shall be permitted to746
be clustered in any one structure. 747
Amended 6-10-2013 by L.L. No. 5-2013] 748
749
750
751
F. Development standards. 752
1) Types of development in a conservation subdivision. Notwithstanding the requirements753
of the zoning district, residential development as part of a conservation subdivision may include754
single-family dwellings, two-family dwellings, townhomes with a maximum of six units per group, 755
Commented [CR9]: I am unsure whether this is
tenable given that the Town has Town-wide benefit
areas (rather than special districts) for water and
sewer. The Town can also assign density factors by
Zoning District.
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or fourplexes (four dwelling units in one freestanding structure). 756
2) Area and dimensional requirements. 757
a) The Planning Board may waive requirements for minimum lot sizes, setbacks and758
dwelling size that would otherwise apply to residences in the zoning district. 759
b) Appropriate lot sizes will be determined by the Planning Board after careful760
consideration of all site characteristics and development requirements. Within areas not served761
by public water and sanitary sewer service, minimum lot sizes shall be determined by the762
Planning Board with regard to specific site characteristics and public health and safety concerns763
ijn consultation with the Tompkins County Health Department. 764
c) The applicant shall specify lot sizes, and other lot dimensions to be incorporated into the765
final plat. Lot dimensions and building setbacks must be based on careful consideration of all766
site characteristics and development requirements. 767
d) Setbacks between any residences and parcels adjoining the conservation subdivision768
must be at least the minimum setback required in the zoning district for single-family residences. 769
Larger buffers may be required by the Planning Board. 770
e) Maximum building heights in the zoning district shall apply to all structures in the771
conservation subdivision. 772
773
G. Conservation standards. 774
1) The conservation subdivision must be designed to protect the conservation assets775
proposed to be preserved from future disturbance due to incompatible land uses, changes in776
ecological function or other impacts associated with development of the site. 777
2) Minimum open space preservation requirement. 778
a) At least 40% of the area of the parent parcel, not including the total acreage of Class 1: 779
constrained/unbuildable land, must be preserved with a permanent conservation easement. 780
See Figure 1. To determine the minimum amount of preserved land, divide [the acreage of land781
to be preserved, "B"] by [the acreage of the parent parcel ("A") minus the acreage of Class 1: 782
constrained or unbuildable lands ("C")]. The resulting number must be 40% or larger.) 783
784
Figure 2: Calculation of minimum required permanent open space785
786
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787
788
b) The preserved land must include: 789
1] All of the Class 1: constrained/unbuildable land; 790
2] At least 80% of all land that contains Class 2: priority conservation assets; and791
3] At least 40% of the land that contains Class 3: other conservation assets. 792
c) If the total acreage of land containing Class 1, Class 2 or Class 3 conservation assets793
comprises less than 40% of the entire parent parcel, outdoor recreation areas or other open794
space shall be incorporated into the conservation subdivision design. 795
d) The Planning Board may waive the requirements in this section provided that the796
subdivision design meets appropriate conservation goals. 797
3) Required conservation buffers. The following conservation buffers must be incorporated798
into the subdivision design, unless waived by the Planning Board: 799
a) Minimum 100-foot buffer from all Class 1: constrained/unbuildable land. 800
b) Minimum 100-foot buffer from the Class 2: priority conservation assets that will be801
preserved with a conservation easement. 802
c) Minimum 50-foot buffer from Class 3: other conservation assets that will be preserved803
with a conservation easement. 804
d) Where a conservation subdivision abuts an existing residence in a residentially zoned805
area, a suitable buffer area shall be required by the Planning Board. This buffer shall be at least806
the same distance as the minimum rear or side yard setback in the district in which the abutting807
land is located. 808
e) Where residential lots within a conservation subdivision abut agricultural operations, a809
suitable buffer area shall be required by the Planning Board. See also Town Code Chapter 270-810
39, Right to Farm. 811
4) Connections to adjoining land. The subdivision design must incorporate connections812
between conservation assets on and adjoining the site to maximize their functional and813
aesthetic value. 814
5) Land to be preserved through a conservation easement or other mechanism must be815
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delineated as separate parcel. Conservation easements will not be permitted on a portion of a816
building lot. 817
818
H. Conservation subdivision design steps and review procedures. The design of a819
conservation subdivision must follow the following steps. 820
1) Step 1: Determine applicability. 821
a) Identify, delineate and calculate the number of acres on the parent parcel of all generally822
contiguous conservation assets, including Class 1: constrained or unbuildable land, Class 2: 823
priority conservation assets, and Class 3: other conservation assets. "Generally contiguous" 824
means that the area calculation may include minor interruptions such as small areas of open825
areas within an otherwise wooded area or a hedgerow within a farm field. 826
b) Identify, delineate and calculate the number of acres of all generally contiguous827
conservation assets not included in the constrained or unbuildable land. 828
c) If the total acreage of land, excluding Class 1: constrained or unbuildable land, that829
comprises Class 2: priority conservation assets, and Class 3: other conservation assets, is more830
than 10% of the size of the parent parcel (exclusive of Class 1: constrained or unbuildable land), 831
a conservation subdivision is required. If this amount is 10% or less, a conservation subdivision832
is optional. [See diagram in Subsection C(2).] 833
2) Step 2: Prepare Resource Analysis as described in Subsection D and a conservation834
plan based on the outcome of the Resource Analysis. 835
a) Prepare a map that depicts all of the Class 1, Class 2 and Class 3 conservation assets836
on the site. 837
b) Label or provide a key that identifies each type of Class 1: constrained or unbuildable838
land, Class 2: priority conservation assets, and Class 3: other conservation assets on the site839
e.g., high-quality agricultural soils; ecological community; flood hazard area; regulated wetland; 840
steep slope, stream/lake buffer, etc.). 841
c) Prepare a narrative description of the conservation goals relating to each type of842
conservation asset on the site. Examples of conservation goals include: 843
1] Avoid fragmentation wildlife habitat. 844
2] Maintain access to farm fields. 845
3] Maintain ecological corridors for wildlife. 846
4] Protect scenic views. 847
5] Avoid deleterious views of or from historic resources. 848
d) Prepare a narrative that demonstrates how permanent protection of conservation lands849
as part of a conservation subdivision will help achieve these goals. 850
851
3) Step 3: Calculate maximum number of residential lots ("base density determination"). 852
a) Subtract the acreage of Class 1: constrained/unbuildable land from the total acreage. 853
b) Divide the remainder by the number of lots that would be permitted in the zoning district. 854
This number will be calculated by dividing the buildable (unconstrained) land area in each855
zoning district on the site by the required minimum lot size for the zoning district. Fractional units856
will be rounded to the nearest whole number. 857
c) Prepare a sketch of a conventional subdivision in which all lots comply with minimum lot858
size requirements and no development occurs on any constrained or unbuildable lands to859
determine the maximum number of lots that can be accommodated on the site. 860
d) The smaller of the calculation in Subsection H(3)(b) and (c) is the "base density." 861
e) Add the number of lots permitted based on the bonus calculation in Subsection E(5) 862
above to determine the maximum number of residential units permitted on the site. 863
Chapter 234. Subdivision of Land
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864
4) Step 4: Prepare sketch plan (voluntary). 865
a) Prepare a sketch plan that depicts all: 866
1] Class 1 conservation assets: constrained or unbuildable land. 867
2] Class 2 conservation assets: priority conservation assets. 868
3] Class 3 conservation assets: other conservation assets. 869
4] Proposed conservation buffer areas as described in Subsection G(3). 870
5] Area(s) to be developed with residential lots, including individual lot layouts. 871
b) The sketch plan must also depict and label all Class 1, Class 2 and Class 3 conservation872
assets located within 100 feet of the parent parcel. 873
874
5) Step 5: Preliminary subdivision plat. In addition to information required pursuant to Town875
Code § 234-15, the preliminary subdivision application for a conservation subdivision shall876
contain the following: 877
a) A conservation plan. 878
b) Completed Site Capacity Calculation Worksheet. 879
c) Preliminary layout of lands to be developed and lands to be preserved with a permanent880
conservation easement. 881
6) Step 6: Final subdivision review. In addition to information required pursuant to Town882
Code § 234-16, the final subdivision application for a conservation subdivision shall contain the883
following: 884
a) Proposed conservation easement(s) for the protection of permanent open space land. 885
b) A final land management plan for the permanent open space areas, to be incorporated886
into the conservation easement and made enforceable by the Town. 887
c) All the materials required for approval as provided herein, unless waived by the Planning888
Board. 889
890
I. Permanent open space. Open space set aside in a conservation subdivision shall be891
permanently preserved as required by this section. Any development permitted on land located892
in a conservation subdivision that is not protected as open space shall not compromise the893
conservation value of such open space land. 894
1) Conservation value of open space. The open space protected pursuant to this section895
must have conservation value, which shall be documented in the Resource Analysis described896
in Subsection D above and address the goals specified in the conservation plan. 897
2) Permanent preservation by conservation easement. 898
a) A permanent conservation easement or other mechanism approved by the Town Board899
will be required to permanently protect all lands designated for conservation in the conservation900
subdivision plat. 901
1] The lands designated for conservation must be within one or more parcels separate from902
any area to be developed with building lots. 903
2] Such conservation easement shall be approved by the Planning Board and is required904
for final plat approval. 905
3] The Planning Board shall require that the conservation easement be enforceable by a906
recognized land trust or similar agency, or the homeowners' association, if the Town is not the907
holder of the conservation easement. 908
4] The Planning Board shall confirm that the deed includes language regarding the909
conservation easement prior to final approval. 910
5] The conservation easement shall be recorded in the County Clerk's office, and recording911
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information (liber and page) shall be shown on the final plat prior to filing of the final plat in the912
County Clerk's office. 913
b) The conservation easement shall prohibit residential, industrial or commercial use of914
open space land, except in connection with agriculture, forestry and passive recreation, and915
shall not be amendable to permit such use. 916
1] Driveways, wells, underground sewage disposal facilities, local utility distribution lines, 917
stormwater management facilities, trails and agricultural structures may be permitted on918
preserved open space land with Planning Board approval, provided that they do not impair the919
conservation value of the land. 920
2] Forestry shall be conducted in conformity with applicable best management practices as921
described by the New York State Department of Environmental Conservation's Division of922
Lands and Forests. 923
3) Land management plan. A land management plan, approved by the Planning Board, 924
shall be included in the conservation easement. The land management plan must clearly925
describe how the conservation assets will be preserved in order to maintain the relevant926
conservation goals for the site and shall contain the following information: 927
a) A baseline property condition report fully describing conditions of the property to be928
protected under the easement. 929
b) Primary contact information for all parties responsible for holding, monitoring and930
enforcing the easement. 931
c) A monitoring schedule and associated requirements. 932
d) A recordkeeping procedure. 933
e) Enforcement policy. 934
1] The conservation easement shall provide that if the Town Board finds that the935
management plan has been violated in a manner that renders the condition of the land a public936
nuisance, the Town may, upon 30 days' written notice to the owner, enter the premises for937
necessary maintenance, and the cost of such maintenance by the Town shall be assessed938
against the landowner, or, in the case of a homeowners' association, the owners of properties939
within the development, and shall, if unpaid, become a tax lien on such property or properties. 940
2] The conservation easement shall provide that if the Town's Code Enforcement Officer941
finds that the conservation easement or management plan has been violated in any way, the942
owner of the property and any persons or entities contributing to said violation shall be subject943
to the penalties specified for Zoning Code violations in Town Code § 270-XX. 944
945
234-30. Lots. 946
C. The area, width, depth, and orientation of lots shall be appropriate for the location of the947
subdivision and for the type of development permitted by Chapter 270, Zoning, or contemplated948
in the Comprehensive Plan. Except for areas which have been previously platted as small lots, 949
minimum lot areas and dimensions shall be as established in Chapter 270, Zoning, including the950
approved plans of the planned development districts. In areas which at the effective date of951
these regulations were platted and a map of which has been recorded in the office of the County952
Clerk with lots having areas or widths less than those required by Chapter 270, Zoning, the953
Planning Board may permit the platting or replatting of lots conforming generally in area and954
width to existing lots in the immediate vicinity, but the areas shall not be reduced below 6,000955
square feet or the widths below 50 feet. 956
D. Where any lot is proposed to be served by an individual sewage disposal system, the957
minimum dimensions of each lot shall be determined by the Tompkins County Health958
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Department. The Health Department may require the subdivider to provide acceptable959
percolation tests for lots to be served by individual sewage disposal systems, except that no960
such lot shall have an area of less than 30,000 square feet. 961
E. Corner lots shall be increased in size whenever necessary so as to provide that any structure962
to be placed thereon shall conform to the provisions of Chapter 270, Zoning. Lots which are963
sufficiently large to make possible replatting in the future shall be of such shape to facilitate964
replatting. Side lot lines shall be substantially at right angles or radial to street lines. Where a965
building setback line is shown on a plat, it shall not be in front of any building setback line966
established by ordinance. 967
968
969
234-303. Buffer zone requirement. 970
Amended 6-10-2013 by L.L. No. 5-2013] 971
Buffer zones shall be at least 30 feet wide between the buildings in a clustered subdivision and972
the boundary of adjacent lots in residential, conservation, or agricultural zoning districts and at973
least 20 feet wide between the buildings in a clustered subdivision and the boundary of adjacent974
lots in commercial, industrial, or other zoning districts. Parkland deeded to the Town of Ithaca975
pursuant to these subdivision regulations shall be provided with a separation from the nearest976
building of at least 20 feet. The Planning Board may require a buffer at least 40 feet wide977
between the edge of the pavement of any public road in a clustered subdivision and any978
adjoining lot. Notwithstanding the foregoing, the Planning Board may require a buffer of at least979
125 feet between a community center and the boundary of adjacent lots in any zoning district. 980
The Planning Board may also, at its discretion, require the subdivider to provide adequate981
landscaping within the buffer area. Parking shall be forbidden in the buffer area. 982
234-314. Building placement and design. 983
Amended 6-10-2013 by L.L. No. 5-2013] 984
A. Building placement: general. 985
1) Location of structures and other improvements must place the highest priority on the986
preservation of environmentally sensitive areas and agricultural uses. 987
2) Buildings in a cluster should be grouped as closely as possible to use the site efficiently and988
to maximize common open space. 989
3) Staggered front setbacks or random building placement in a cluster of buildings that face a990
common courtyard is discouraged. 991
B. Building spacing. 992
1) Distance between principal structures: 993
a) Side to side: 10 feet minimum. 994
b) Otherwise: 40 feet minimum. 995
2) Distance between principal and accessory structures and between accessory structures: five996
feet minimum. 997
AC. Building setbacks. Building envelopes (areas that designate where buildings may be998
placed) must be included on the preliminary and final plats. Building envelopes do not have999
mustto conform to setback requirements in the underlying zoning district, unless part of a cluster1000
subdivision, butand all subdivisions must conform to the stream setback requirements in1001
Chapter 270, Zoning, and to the buffer zone requirements in § 234-33 above. 1002
D. Building height. Building height must conform to the height requirements for the underlying1003
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zoning district as set forth in Chapter 270, Zoning. 1004
E. The Planning Board may, in the course of subdivision plat review, regulate the exterior1005
characteristics of any proposed structures or uses in order that the development shall be, in the1006
judgment of the Planning Board, compatible with the surrounding community. Factors which1007
may be considered in this judgment include, but are not limited to: 1008
1) The view to be afforded present owners of private property, or legal users of public property, 1009
in the vicinity of the proposed clustered subdivision after construction of the project; 1010
2) The description and nature, including size, shape, color of materials to be used in the1011
proposed structures and other areas; 1012
3) Ambient noise incidental to the normal activity in the project, as presented, or extraordinary1013
noise incidental to the construction of the project; 1014
4) The phasing plan proposed by the subdivider, if the development is to be built in stages. 1015
Article IV. Reservation Requirements and Subdivision Design Standards1016
234-29 Required improvements. 1017
A. Improvements may be required by the Planning Board to assure that all lots in1018
subdivisions are adequately and properly served with streets, utilities, sanitation facilities1019
which provide a healthy and safe environment and other safeguards to assure the1020
property is properly identified, accessible to pedestrians and vehicles and protected1021
against such dangers as flooding and erosion. 1022
B. In all cases, the applicant shall be responsible for the installation of all required1023
improvements. 1024
C. Once the Planning Board has granted final approval and before the final signatures are1025
placed on the plat, the applicant shall enter into an agreement with the Town Board for1026
the subsequent completion of the platted improvements to be dedicated to the Town. 1027
D. The developer shall submit with the tender of dedication and deeds to all streets, 1028
easements and required sureties to assure the proper and timely completion of the1029
required improvements. 1030
E. Required sureties shall be filed with the Town in compliance with § XXX-XX of Town1031
Code. 1032
F. Minimum improvements and construction standards required of all subdivisions shall be1033
as set forth in the Town Code and the Town of Ithaca Site Design and Development1034
Criteria. 1035
234-21. Reservation of land for public facilities. 1036
A. Whenever a subdivider proposes to subdivide land which includes, or appears to include, all1037
or part of the proposed site for a public facility, the Planning Board shall submit the plat to the1038
public body responsible for acquiring the land for the site before approving the preliminary plat1039
of the subdivision. If this public body determines that the site for the public facility or public utility1040
should be located within the boundaries of the proposed subdivision, then the Planning Board1041
may require the subdivider to reserve land for public acquisition and shall designate the1042
boundaries of said land. Such reservation shall be for a period determined by the Planning1043
Board. Upon receipt of a preliminary plat where a site for a public facility may be involved, the1044
Planning Board shall transmit a copy of the plat to the public body responsible for the acquisition1045
of the site. 1046
B. No dedication by the subdivider for an easement or a highway or other public use shall be1047
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shown on a plat unless the Town Board determines to accept such dedication. When a1048
subdivision is traversed by a watercourse, drainage way, channel, stream, or creek, the1049
subdivider may be required to provide a stormwater easement or drainage right-of-way of1050
sufficient width for such purpose and its maintenance, wherever the Planning Board finds such1051
easement desirable. 1052
C. Where alleys are not provided or may not be used for that purpose, easements not less than1053
five feet in width shall be provided, preferably at the rear of each lot, for poles, wires, conduits, 1054
storm sewers, sanitary sewers, gas lines, water mains and lines, and other utility purposes as1055
required. In no case shall the combined widths of the easements on both sides of a rear lot line1056
be less than 10 feet. Additional easements shall be provided where required by the Planning1057
Board. 1058
D. In a proposed or approved regulating plan area for traditional neighborhood development1059
TND), additional and different requirements for land reservation and dedication for public1060
facilities, utilities, infrastructure, and easements apply. (See §§ 272-306 through 272-309. TND1061
street construction and engineering standards and TND stormwater design guidelines are in1062
separate guides.) 1063
E. Whenever access to a subdivision can be had only across land in another municipality, the1064
Planning Board may request assurance from the Attorney for the Town and the Highway1065
Superintendent of the adjoining municipality that the access road is adequately improved or that1066
a performance guarantee or security has been duly executed and is sufficient security to ensure1067
access has been constructed. In general, lot lines shall be laid out so as not to cross municipal1068
boundary lines. 1069
1070
234-22. Reservations of parks and recreational land. 1071
A. Before the Planning Board may approve a subdivision plat containing residential units, such1072
subdivision plat shall show, when required by the Planning Board, a park or parks suitably1073
located for playground or other recreational purposes. The amount of land to be so reserved is1074
normally, subject to the provisions below, in the amount of 10% of the gross area of the1075
subdivision. The area shall be shown and marked on the final plat "Reserved for Park and/or1076
Playground Purposes." 1077
B. Land for park, playground or other recreational purposes shall not be required until the1078
Planning Board has made a finding that a proper case exists for requiring that a park or parks1079
be suitably located for playgrounds or other recreational purposes within the Town. Such finding1080
shall include an evaluation of the present and anticipated future needs for park and recreational1081
facilities in the Town based on projected population growth to which the particular subdivision1082
plat will contribute. Such evaluation may also include reference to any current Parks, Recreation1083
and Open Space Plan existing in the Town. 1084
C. In the event the Planning Board makes a finding pursuant to Subsection B of this section that1085
the proposed subdivision plat presents a proper case for requiring a park or parks suitably1086
located for playgrounds or other recreational purposes, but that a suitable park or parks of1087
adequate size to meet the requirement cannot be properly located on such subdivision plat, the1088
Planning Board may require a sum of money in lieu thereof in an amount to be established by1089
the Town Board. In making such determination of suitability, the Planning Board shall assess1090
the size and suitability of lands shown on the subdivision plat which could be possible locations1091
for park or recreational facilities, as well as practical factors including whether there is a need for1092
additional facilities in the immediate neighborhood. Any monies required by the Planning Board1093
in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of1094
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this section, shall be deposited into a trust fund to be used by the Town exclusively for park, 1095
playground or other recreational purposes, including the acquisition of property. 1096
D. If the Town Board, by resolution or local law, has established the amounts, or a formula by1097
which amounts payable in lieu of land reservation may be determined, the amounts payable1098
pursuant to this section shall be as set forth in, or determined by, such local law. 1099
1] Editor's Note: See Ch. 153, Fees, § 153-12, Fees in lieu of recreational land reservation. 1100
E. If the Planning Board, upon the findings set forth above, requires a reservation of parkland or1101
recreational land, such reservation shall be of suitable size, dimension, topography, and general1102
character and shall have adequate road access for the particular purposes envisioned by the1103
Planning Board. The Board may require that the recreation area be located at a suitable place1104
on the edge of the subdivision so that additional land may be added at such time as the1105
adjacent land is subdivided. The subdivider may dedicate all such recreation areas to the Town. 1106
F. Land reserved for use as playgrounds or playfields shall be of a character and location1107
suitable for such use. This land shall be relatively level and dry and shall be improved by the1108
subdivider to the standards required by the Planning Board. 1109
G. The provisions of this section are minimum standards. None of the subsections above shall1110
be construed as prohibiting a subdivider from reserving other land for recreation purposes in1111
addition to the requirements of this section. 1112
H. In a proposed or approved regulating plan area for traditional neighborhood development1113
TND), New Neighborhood Code requirements for park and preserve land area, types, location, 1114
configuration, connectivity, access, programming, and ownership apply. (See § 272-308.) 1115
Payment in lieu of land reservation does not apply for traditional neighborhood development, 1116
and is not a substitute for providing and improving parks and preserves. 1117
Added 11-9-2020 by L.L. No. 7-2020] 1118
234-23. Highway improvementsTransportation Network. 1119
A. All roadways shall be paved and all road signs installed according to the Town of Ithaca1120
Highway SpecificationsSite Design and Development Criteria, copies of which are available in1121
the office of the Town Engineer. The subdivider shall improve or agree to improve all highways, 1122
alleys, and other ways to provide drainage improvements, all in such manner as is necessary1123
for the general use of lot owners in the subdivision and to meet local traffic and drainage needs, 1124
including the needs of pedestrian and bicycle traffic as may be required by the Town of Ithaca1125
Complete Streets Policy. 1126
Amended 5-11-2015 by L.L. No. 3-2015] 1127
B. The arrangement of streets in the subdivision shall provide for the continuation of the1128
principal streets in adjoining subdivisions or for their proper projection when adjoining property1129
is not subdivided, and shall be of a width at least as great as that of existing connecting streets1130
or the minimum highway widths established here. As a general rule the right-of-way of streets1131
shall not be less than 60 feet. The street arrangement must provide for reasonable access from1132
adjoining property that has not been subdivided. 1133
C. Street names shall be shown; they shall provide for continuation of the names of existing1134
streets wherever appropriate; they shall not duplicate the names of highways elsewhere in1135
Tompkins County. Highway names shall be subject to the approval of the Planning Board. 1136
D. Design and construction of a street(s) as defined herein and related improvements shall be in1137
accordance with the standards and specifications described in the Town of Ithaca Site Design1138
and Development Criteria, which are incorporated herein by reference. 1139
E. Streets and alleys shall be graded, surfaced and improved to the grades and dimensions1140
shown on plats, profiles, and cross-sections submitted by the applicant and approved by the1141
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Planning Board, Town Engineer, and Town Public Works Superintendent. 1142
House numbers shall be assigned by the Town Engineer.[1] 1143
1]Editor's Note: See also Ch. 192, Numbering of Buildings. 1144
D. Alleys shall be provided along the rear lines of lots intended for commercial or industrial use, 1145
except in the case of developments such as shopping centers and industrial parks where1146
access to individual establishments will be over common space on the lot. Alleys shall not be1147
provided for lots intended for residential use, unless the subdivider produces evidence1148
satisfactory to the Planning Board of the need therefor. 1149
E. The right-of-way of an alley serving commercial or industrial properties shall be 20 feet, and1150
that of one serving residential properties shall be 20 feet. Alley intersections and sharp changes1151
in alignment shall be avoided, but where necessary, corners shall be rounded at a twenty-foot1152
radius or cut off with an equivalent chord. Dead-end alleys shall be avoided wherever possible, 1153
but if unavoidable, shall be provided with adequate turnaround or backaround facilities, as1154
determined by the Planning Board. 1155
F. Highway grading and paving shall be required for all highways to be opened by dedication in1156
the subdivision, but where a frontage road is provided, the improvement requirement shall apply1157
only to such frontage road and not to the through portion of the highway. In addition, highway1158
grading and paving shall be required for all highways to be dedicated for frontage roads, 1159
including those abutting or adjacent to existing highways. 1160
G. There shall be a minimum of 600 feet between intersections on primary thoroughfares. Street1161
jogs shall be avoided. There shall be a minimum of 300 feet between the center lines of1162
highway intersections. Highway intersections shall be at right angles as nearly as possible, and1163
no intersections shall be at an angle less than 70º. Detailed designs of intersections may be1164
required. Curb radii at intersections shall not be less than 20 feet and property lines shall be1165
adjusted accordingly. Side lines of lots, insofar as practicable, shall be at right angles or radial to1166
street lines. 1167
H. For thoroughfares having a right-of-way width of more than 60 feet, longitudinal profile1168
grades shall be connected by vertical curves of a minimum length equivalent to 20 times the1169
algebraic difference between the rates of grade, expressed in feet per hundred. For all other1170
thoroughfares, the vertical curves shall be equivalent to 10 times such difference. At any point, 1171
the minimum sight distance shall be 350 feet. 1172
I. Where provided, a street with a cul-de-sac shall not exceed 1,000 feet in length and shall be1173
terminated in a turnaround having a property line radius of not less than 50 feet. Where a dead-1174
end street is dedicated for the purpose of providing future access to adjacent property, its length1175
shall not exceed 1,000 feet. Where any lot has its principal access on such street, the street1176
shall be terminated in a turnaround or backaround acceptable to the Town Engineer. 1177
J. The minimum right-of-way width shall be 60 feet. Additional rights-of-way may be specified1178
where deep cuts or fills will be encountered. Where a thoroughfare is designated in the1179
Comprehensive Plan as having fully or partially controlled access, and the subdivider elects to1180
provide a frontage road rather than back or side lots on the thoroughfare, full right-of-way shall1181
be dedicated for the frontage road. 1182
1) Where any highway deflects at an angle of 10ºor more, the minimum radii of center line1183
curvatures and the minimum lengths of reverse curves shall be as follows, where not specified1184
in the Comprehensive Plan: 1185
TYPE OF HIGHWAY1186
RADIUS1187
K. Where a subdivision contains or abuts a thoroughfare designated as having fully controlled1188
access or partially controlled access in the Comprehensive Plan, the plat shall provide for such1189
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control for the purpose of reducing traffic hazards by eliminating conflict between local traffic1190
entering and leaving driveways and through traffic. Where a plat includes lots which directly1191
abut such a thoroughfare, rather than a frontage, the Planning Board may require the1192
subdivider, by sufficient instrument, to relinquish right of access to the thoroughfare from such1193
lots. 1194
L. The roads in the subdivision shall have no more than the maximum gradients specified in the1195
Town's Highway Specifications, as amended from time to time. 1196
M. In a proposed or approved regulating plan area for traditional neighborhood development1197
TND), New Neighborhood Code requirements for arrangement of streets, street types and1198
elements, provision of alleys, and geometry apply. (See §§ 272-306 and 272-307. TND street1199
construction and engineering standards and TND stormwater design guidelines are in separate1200
guides.) 1201
Added 11-9-2020 by L.L. No. 7-2020] 1202
234-24. Blocks and lots. 1203
A. Each normal block shall be planned to provide two rows of lots, but irregularly shaped blocks1204
indented by cul-de-sac streets will be acceptable when properly designed with an adequate1205
turnaround. The lengths, widths, and shapes of blocks shall be determined with due regard to1206
the provision of building sites suitable to the special needs of the type of uses contemplated, 1207
zoning requirements as to lot sizes and dimensions, need for convenient access, circulation, 1208
control and safety of highway traffic, solar access and the limitations and opportunities of1209
topography. 1210
B. Residential blocks shall not be more than 1,500 feet in length, except as the Planning Board1211
determines necessary to secure efficient use of land or to achieve desired features of the1212
highway system; measurement of block length shall be between property lines. In any block1213
over 700 feet long, the Planning Board may require the subdivider to dedicate and construct a1214
public walkway transversely across the block. Such walkway shall have a minimum right-of-way1215
of 20 feet, of which at least eight feet shall be paved. Residential blocks shall be wide enough to1216
provide two tiers of lots of minimum depth, except where permitted in § 234-23. 1217
C. The area, width, depth, and orientation of lots shall be appropriate for the location of the1218
subdivision and for the type of development permitted by Chapter 270, Zoning, or contemplated1219
in the Comprehensive Plan. Except for areas which have been previously platted as small lots, 1220
minimum lot areas and dimensions shall be as established in Chapter 270, Zoning, including the1221
approved plans of the planned development districts. In areas which at the effective date of1222
these regulations were platted and a map of which has been recorded in the office of the County1223
Clerk with lots having areas or widths less than those required by Chapter 270, Zoning, the1224
Planning Board may permit the platting or replatting of lots conforming generally in area and1225
width to existing lots in the immediate vicinity, but the areas shall not be reduced below 6,0001226
square feet or the widths below 50 feet. 1227
D. Where any lot is proposed to be served by an individual sewage disposal system, the1228
minimum dimensions of each lot shall be determined by the Health Department. The Health1229
Department may require the subdivider to provide acceptable percolation tests for lots to be1230
served by individual sewage disposal systems, except that no such lot shall have an area of1231
less than 30,000 square feet. 1232
E. Corner lots shall be increased in size whenever necessary so as to provide that any structure1233
to be placed thereon shall conform to the provisions of Chapter 270, Zoning. Lots which are1234
sufficiently large to make possible replatting in the future shall be of such shape to facilitate1235
replatting. Side lot lines shall be substantially at right angles or radial to street lines. Where a1236
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Town of Ithaca, NY – Chapter 234: Subdivision of Land
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building setback line is shown on a plat, it shall not be in front of any building setback line1237
established by ordinance. 1238
F. In a proposed or approved regulating plan area for traditional neighborhood development1239
TND), New Neighborhood Code requirements for thoroughfare and block pattern and lot siting1240
apply. (See §§ 272-306 and 272-403.23.) 1241
Added 11-9-2020 by L.L. No. 7-2020] 1242
234-25. Solar access. 1243
The Planning Board may require subdivisions to be platted so as to preserve or enhance solar1244
access for either passive or active systems, consistent with the other requirements of these1245
regulations. Improvement of solar orientation may be a sufficient consideration, in the judgment1246
of the Planning Board, to warrant site plan modifications. 1247
234-26. Storm and surface drainage. 1248
A. All land development shall be related to the surrounding drainage pattern, with provisions1249
made for proper storm drainage facilities in accordance with the Town of Ithaca Site Design and1250
Development Criteria. All drainage improvements must be acceptable to the Town Engineer. 1251
Minimum runoff shall be determined by the Rational Method or an equivalent formula with1252
conventional runoff factors, using as a minimum a rainfall rate of 0.5 inches per hour. In all1253
instances, provisions shall be made for adequate storm drainage and drainage structures to1254
prevent water from standing on any portion of dead-end streets or culs-de-sac. 1255
B. Diversion of storm flow shall be avoided, wherever possible. If stormwater is to be diverted1256
from its natural course, the constructions plans shall include: 1257
1) A sketch showing the existing waterway and the location of the proposed channel change; 1258
2) Profile of existing watercourse; and1259
3) Provisions for the prevention of soil erosion and silting, such as sodding and paving, in open1260
watercourses. 1261
C. Where an underground drainage system is installed, emergency surface drainage overflows1262
shall be provided to prevent possible flooding in the event of failure of the underground drainage1263
system. 1264
D. In developments with an average grade of 7% or more, detention ponds, check dams or1265
other structures shall be provided to reduce the velocity of storm runoff. Riprapping shall be1266
required in areas designated by the Town Engineer. 1267
234-27. Water supply and sanitary sewerage. 1268
A. When connections are to be made immediately to a community water system or public water1269
supply, water lines shall be installed to serve each lot in the subdivision prior to the application1270
for acceptance of the streets or rights-of-way. Where such connection to said system is not to1271
be made immediately, but is contemplated within five years, plans shall be prepared for future1272
installation of a water distribution system to serve each lot, and those parts of such system1273
which will be in the paved portion of streets and alleys shall be installed before the streets and1274
alleys are paved. Plans for water systems shall conform in all respects to the standards for the1275
design of water systems of the New York State Department of Health and New York State1276
Department of Environmental Conservation and shall be subject to the approval of the Town1277
Engineer, the Southern Cayuga Lake Intermunicipal Water Commission, and the Tompkins1278
County Health Department. 1279
B. When connections are to be made immediately to a community disposal system or public1280
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sewer system, sanitary sewers shall be installed to serve each lot in the subdivision prior to the1281
application for acceptance of streets or rights-of-way. Where such connection to said system is1282
not to be made immediately, but is contemplated within five years, plans shall be prepared for1283
future development and installation of a sewerage system to serve each lot, and those parts of1284
such system which will be in the paved portion of streets and alleys shall be installed before the1285
streets or alleys are paved. Plans for sewer systems shall conform in all respect to the1286
standards for the design of sanitary sewer facilities of the New York State Department of Health1287
and New York State Department of Environmental Conservation and be subject to the approval1288
of the Town Engineer and the Tompkins County Health Department. 1289
C. In a regulating plan area for traditional neighborhood development (TND), public water and1290
sanitary sewer infrastructure, along with infrastructure for other essential utilities (see § 272-1291
309.1), must be complete before acceptance of streets or rights-of-way. 1292
Added 11-9-2020 by L.L. No. 7-2020] 1293
1294
234-28. Survey monuments. 1295
A. Concrete monuments, the specifications of which are hereinafter set forth, shall be set in1296
each subdivision. At least two reference ties shall be established in the most permanent manner1297
possible, to the exterior corners of the lot finally platted. The markers and ties shall be shown on1298
each final plat of all subdivisions. The monuments shall be placed normally on block corners or1299
points of curve and shall be no more than 1,000 feet apart. 1300
B. The monuments shall be constructed of reinforced concrete (3,000 psi in 28 days) and have1301
no fewer than two no. 3 deformed bars in them, evenly spaced. The monuments shall be six1302
inches in diameter and 36 inches in length. Each monument shall have a cross case in the top1303
center or a copper rod extending 1/4 inch above the concrete. All such monuments may be1304
precast or cast in the hole. It shall be the responsibility of the developer to maintain the1305
monuments on all unsold lots. 1306
234-29. Underground wires and cables. 1307
Amended 11-9-2020 by L.L. No. 7-2020] 1308
A. Wires and cables providing local utility and similar services (including but not limited to1309
electric, telephone, cable television, and streetlighting) in residential subdivisions shall be1310
placed underground. 1311
B. In a regulating plan area for traditional neighborhood development (TND), New1312
Neighborhood Code requirements for underground utilities apply. (See § 272-309.2.1.) 1313
234-30. Phased developments. 1314
Amended 11-9-2020 by L.L. No. 7-2020] 1315
A. In large, phased developments, a sequential installation of utilities and improvements shall be1316
made in accordance with an agreement satisfactory to the Town Planner, Town Engineer and1317
Town Attorney. The phasing agreement shall provide for the maintenance of existing roads and1318
utilities. 1319
B. In a regulating plan area for traditional neighborhood development (TND), New1320
Neighborhood Code requirements for a subdivision phasing plan may apply. (See § 272-1321
703.3.3.) 1322
234-31. Approval for dedication. 1323
Commented [GU10]: The PWD has strong opinions
about phasing developments. They do not want to see
utilities phased, even for large projects.
Commented [CR11R10]: This language is in the
existing Subdivision Regulations -- should we keep it?
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A. General. Improvements offered for dedication to the Town of Ithaca shall be complete1324
with final inspections and approvals from the Town Highway and Water Superintendent1325
and, where appropriate, the Director of Code Enforcement, Director of Planning, Town1326
Engineer and others as may be appropriate. 1327
B. The Attorney for the Town shall also review and accept legal documentation related to1328
the dedication. 1329
C. Improvements completed. Before dedication, subject improvements and the following1330
shall have been certified as completed. 1331
1. Monuments shall have been set in their required locations as required by the Site1332
Design and Development Criteria and certified to the Town. 1333
2. Final grading shall be completed within the right-of-way and all spoil removed from1334
the site. 1335
3. All street and traffic signs shall be properly set in their designated locations. 1336
D. Special procedure for road dedication. 1337
1. Upon completion of the binder pavement and all other items related to the1338
construction of a road and before installation of the top pavement course, the Town1339
may elect to accept dedication of said road if the developer files with the Town surety1340
sufficient to complete the top pavement course, as well as a two-year maintenance1341
bond for the road in an amount deemed sufficient by the Town Highway1342
Superintendent. 1343
2. This is intended to allow the developer to complete related construction on adjacent1344
lots prior to installing the top pavement course thereby reducing marring or patching1345
of the top pavement course resulting from normal construction activity. 1346
3. Before the expiration of the maintenance bond and before the final top is applied, the1347
Town or its representative and the developer will hold a final site review to assess1348
any damages or repairs that may be necessary by the developer under the1349
maintenance agreement. Once the top course has been installed, final acceptance of1350
all roadway improvements shall be obtained from the Town Board. 1351
E. Record plans. Record plans and all testing results shall be supplied to the Town at least1352
15 days prior to dedication. 1353
1. Record maps shall be prepared by the Applicant's engineer. Eight prints and a1354
reproducible original (Mylar) shall be submitted to the Town Public Works1355
Department. 1356
2. The record map shall contain the following information: 1357
a. The locations, sizes, elevations, lengths, slopes, inverts and top elevations of1358
all structures in the sewer systems. 1359
b. The elevations of any drainage swales and drainage structures to be1360
dedicated to the Town. 1361
c. The locations, including ties to all valves, curb boxes and hydrants to1362
permanent structures. 1363
d. The locations at the property or easement line of each individual lot of1364
sanitary lateral cleanouts; storm laterals; and water service curb box. 1365
e. Any other significant details affecting the operation or maintenance of any1366
system by the Town. 1367
f. Survey control monuments. 1368
g. The location of all facilities shall be tied to visible and reproducible objects. 1369
F. Maintenance bonds. The submission and acceptance of maintenance bonds for all1370
newly constructed improvements, including landscaping, and those offered to the Town1371
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for dedication is required. 1372
1. Maintenance bonds shall be written by a surety provider licensed to do business1373
in New York State, and they shall be in the amount of 10% of the actual1374
construction costs incurred. 1375
2. Individual portions of the project, i.e., sanitary system, water system, can be1376
bonded with their individual acceptances by the Town. 1377
3. A maintenance bond will not be accepted until the entire project is ready for1378
dedication. 1379
4. Maintenance bonds for landscaping shall be held for a period of one year1380
following installation to assure correction of any work that may be found to be1381
defective. 1382
5. The maintenance bond for all other improvements to be dedicated to the Town1383
shall be held for a period of two years following dedication of the improvements1384
to assure correction of any work that may be found to be defective. 1385
6. Release of the maintenance bond shall be authorized, in writing, by the Town's1386
Finance Officer upon final review of the project site by Town authorities. This1387
review will be completed at least one month before the expiration of the bond. 1388
Article V. Rules and Regulations for Clustered Subdivisions1389
234-35. (Reserved) 1390
1] Editor’s Note: Former § 234-35, Restriction of unrelated persons, was repealed 6-10-2013 by1391
L.L. No. 5-2013. 1392
1393
Article VI. Preliminary and Final Subdivision Plat Requirements Where improvements are1394
required for a proposed subdivision, 1395
1396
Article VII. Expiration of Subdivision Approval1397
Added 4-10-1995] 1398
234-39. Conditions; procedures. 1399
A. In addition to any other provisions of law governing expiration of subdivision approvals, 1400
including those provisions which provide the subdivision approval expires if the approved1401
subdivision map is not filed with the Tompkins County Clerk within a specified time of approval, 1402
a subdivision approval will also terminate under the circumstances set forth below. 1403
B. If the proposed subdivision requires construction of any facilities such as roads, drainage1404
courses, water or sewer lines, or other similar facilities, unless within 10 years36 months of the1405
date the Planning Board gave final subdivision approval 1) work has materially commenced on1406
such facilities in accordance with the finally approved subdivision plat; or 2) one or more lots1407
have been transferred from the developer and the deeds for same duly recorded in the1408
Tompkins County Clerk's Office, the subdivision approval (both final and preliminary) shall1409
expire and the permissible uses and construction on the property shall revert to those that would1410
otherwise be in effect in the absence of such subdivision approval. Notwithstanding the1411
foregoing, if final subdivision approval was granted prior to April 1, 1995, the time for work to1412
materially commence or lots to be sold shall be extended to April 1, 2005. 1413
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C. For the purposes of this § 234-39: 1414
1) Work will not have "materially commenced" unless, at a minimum: 1415
a) A building permit, if required, has been obtained for at least one structure in the subdivision; 1416
and (b) Construction equipment and tools consistent with the size of the proposed work have1417
been brought to and been used on the site; and1418
c) Significant construction of roads or utilities, or significant framing, erection, or construction of1419
a material structure, has been started and is being diligently pursued; and1420
2) A lot will not have been "transferred" unless conveyed by a deed, duly executed and1421
recorded in the Tompkins County Clerk's Office, to: 1422
a) A person unrelated to the subdivider in a bona fide transaction for value; or1423
b) A person related to the subdivider or for less than reasonable value in accordance with1424
circumstances related to the Planning Board as part of the subdivision approval (e.g., a1425
subdivision where the intention is to convey a lot to a relative or to convey a lot to an adjacent1426
landowner for less than full value). 1427
D. If the proposed subdivision does not require the construction of any facilities, the subdivision1428
approval (both final and preliminary) shall expire within the time limits set forth above with the1429
consequences set forth above and subject to the ability to obtain extensions as set forth below, 1430
unless at least one lot of the subdivision has been transferred. 1431
E. In addition to the foregoing, a subdivision approval for a subdivision requiring construction of1432
facilities shall likewise terminate as to any untransferred lots in the event that the facilities are1433
not substantially completed within 10 years36 months of the date of final subdivision approval. 1434
F. The Planning Board, upon request of the subdivider, after a public hearing, may extend the1435
time limits for such additional periods and upon such conditions as the Planning Board may1436
reasonably determine. An application for such extension may be made at the time of filing of the1437
original application or at any time thereafter up to, but no later than, six months after the1438
expiration of the time limits set forth above. 1439
1) The Planning Board shall grant the request for such extension if the Board finds: 1440
a) The imposition of the time limits set forth above in Subsections B, D and E would create1441
significant hardship on the subdivider; and1442
b) There has not been a significant change in zoning, subdivision, engineering, environmental, 1443
or other relevant review requirements or standards since the initial approval or any1444
subsequently granted extensions. 1445
2) For the purposes of this section, a "significant hardship" includes, but is not limited to: 1446
a) A significant economic loss that the subdivider would suffer if an extension were not granted; 1447
or (b) The subdivider's inability to timely proceed because of: 1448
1] A generally adverse economic climate; or1449
2] The subdivider's own economic circumstances have changed detrimentally; or1450
3] An adverse event or events in the subdivider's personal affairs. 1451
G. In the event of any termination of subdivision approval pursuant to these provisions, the1452
Planning Board or Town Planner shall cause a notice of such termination to be delivered1453
personally to the subdivider, or forwarded by certified mail, return receipt requested, to the1454
subdivider at the last address for the subdivider on file at the Town of Ithaca Planning1455
Department and shall cause a copy of such notice, together with an affidavit of service1456
personally or by mail) to be recorded in the Tompkins County Clerk's Office in Miscellaneous1457
Records or other appropriate location. 1458
H. Any subdivider who believes the termination of approval pursuant to this section is not1459
warranted may file an application for a hearing before the Planning Board. Such application1460
shall be filed within 30 days of the delivery of the notice referred to above (for this purpose1461
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delivery" shall be deemed to occur on the date the notice is personally delivered or the day it is1462
delivered to the postal service for mailing). The Planning Board shall hold a public hearing on1463
such application on at least five days prior notice given in the same manner as required for1464
public hearings on subdivision approvals, within 60 days of receipt of such application. The1465
burden of establishing that the approval should not be terminated shall rest upon the applicant. 1466
If the Planning Board determines that the approval was improperly terminated, it shall render a1467
decision so stating and shall cause a notice to that effect to be forwarded to the Tompkins1468
County Clerk's Office for recording in the same location as the notice previously effecting such1469
termination. Any determination of the Planning Board regarding such termination may be1470
reviewed by a proceeding brought pursuant to Article 78 of the Civil Procedure Law and Rules. 1471
Such proceeding shall be commenced no later than 30 days after the decision being reviewed1472
has been filed by the Planning Board with the appropriate Town Clerk. 1473
I. Nothing in this § 234-39 is intended to alter the effect of Town Law § 265-a on lots in a1474
subdivision when zoning is changed to increase lot sizes or other requirements thereby1475
rendering an existing subdivision's lots nonconforming. 1476
J. In a regulating plan area for traditional neighborhood development (TND), New Neighborhood1477
Code rules for expiration of subdivision approval apply. (Preliminary plat: § 272-703.4.1; final1478
plat: § 272-703.4.2.) 1479
Article VII. Enforcement and administrationpenalties for offenses. (Formerly1480
234-3) 1481
234- Enforcement. 1482
A. These regulations shall be enforced by the Building Inspector, Town Engineer, or the1483
Town Planner. If any applicant for subdivision approval or other person is aggrieved by a1484
requirement or determination of the enforcing officer affecting the interpretation, 1485
applicability, compliance with and enforcement of any of these regulations, he shall1486
appeal to the Planning Board for a review of the requirement or determination by the1487
Planning Board in accordance with the provisions of § 234-10 hereof entitled "Appeals1488
and waivers." 1489
B. Whenever any subdivision of land is proposed to be made, the subdivider or his agent1490
shall apply in writing to the Planning Board for the approval of the subdivision. This1491
application shall conform to the specifications set forth in these regulations. 1492
C. Until the Planning Board has given final approval of any subdivision plat and the1493
application for the approval of a subdivision, and the subdivision map has been filed in1494
the County Clerk's office bearing the approval of the Town Planning Board and all other1495
required endorsements and complying with these regulations and all requirements of1496
law, no building permit for construction or other work on the property shall be issued nor1497
shall such permit be valid if erroneously issued, and no lot in the subdivision shall be1498
sold. Any such action or any work done on or with respect to the lands in the subdivision1499
or any expenses incurred prior to final approval shall be at the peril of the owner of the1500
land or the applicant and shall not give rise to any claim for damages by the landowner1501
or applicant. 1502
D. Where an approved subdivision has later been consolidated, in whole or in part, for real1503
estate tax purposes or any other reason (and regardless of whether all or a part of such1504
subdivision has been or thereafter is described as one or multiple parcels on any deeds1505
or other instruments), the portion so consolidated shall not be resubdivided without1506
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undergoing subdivision review and approval as if it were a new subdivision. 1507
234- Building permit. 1508
A. No building permit for any permanent building within the subdivision or lot to be1509
developed shall be authorized until after the subdivision plat or site plan has received1510
final approval by the Planning Board and the plat map has been filed in the office of the1511
Tompkins County Clerk and liber and page numbers have been assigned by the County1512
Clerk. 1513
B. No permits for building will be issued until all outstanding bills for public hearings, 1514
required tests and review services and other costs are paid in full. 1515
C. The Building Inspector shall not issue any permit for the erection of a building until it has1516
been determined that: 1517
1. The lot and the right-of-way furnishing access to the lot as required by these1518
regulations is shown on an approved and recorded final plat; 1519
2. Any condition endorsed thereon limiting the right to erect or maintain buildings on1520
such lot has been satisfied or waived by the Planning Board; and1521
3. The construction and/or installation of the utilities and streets has progressed1522
sufficiently to permit ingress and egress to said lot by the necessary construction1523
equipment without damage to the required improvements and without impairment of1524
public safety. 1525
234-9. Violations and pPenalties for offenses. (Formerly § 234-9) 1526
Each and all remedies and rights provided to the Town under this section shall be cumulative1527
and the Town's pursuit of any one right or remedy does not effect a waiver or an election of1528
remedies, and the Town may thereafter pursue or continue to pursue any other right or remedy1529
it may have in law, equity, or in admiralty. The rights and remedies herein stated are not the1530
exclusive rights and remedies of the Town. The violation of this chapter shall permit1531
enforcement in any one or more of the following manners: A. A violation of these regulations is1532
an offense, punishable as set forth in § 268 of the Town Law. 1533
A. When any term, provision, or requirement of this chapter is violated, the Enforcement1534
Officer may issue a written notice of violation to the applicant (or other person in violation1535
hereof). The notice of violation shall contain: the name and address of the person1536
alleged to have violated this chapter; the address, when available, or a description of the1537
building, structure or parcel upon which the violation occurred or is occurring; a brief1538
statement specifying the nature of the violation; a statement of the fine or penalty that1539
may or could be assessed against any person to whom the notice of violation is directed; 1540
and a clear statement identifying whether the notice commences or may commence a1541
civil or criminal proceeding. The failure to comply with a written notice of violation by1542
correcting the violation is in itself a separate violation of this chapter, and may be1543
enforced as such. 1544
B. Stop-work orders; permits and approvals; reviews; restoration. 1545
1. The Enforcement Officer may issue stop-work orders for violations of this1546
chapter. 1547
2. Any person receiving a stop-work order shall be required to halt all clearing, 1548
grading, and construction until the Enforcement Officer or a court of competent1549
jurisdiction allows work to re-commence. 1550
3. In addition to any other remedy, a violation of or noncompliance with this chapter1551
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may result in the termination, modification, or revocation of any permits or1552
approvals as issued, the refusal of the Town to issue any approvals, 1553
endorsements, certifications, building permits, certificates of occupancy, 1554
certificates of compliance, and any similar or other document or approval until the1555
applicant or person rectifies and cures such violation. Additionally, until the1556
violation or noncompliance is abated, the Town may suspend any review or other1557
proceedings in relation to any pending matters or any subdivision applications or1558
approvals. 1559
4. In addition, any person who has been held in violation of this chapter may also1560
be required to restore or repair any land to its undisturbed condition. A repair or1561
remediation order may be filed and served and, if restoration is not undertaken1562
within a reasonable time after notice, the Town may take necessary corrective1563
action, the cost of which shall become a lien upon the property until paid. In1564
addition, the Town may commence any one or more civil proceedings in any1565
court of competent jurisdiction to recover the costs of such remediation, repair or1566
restoration, together with all consequential and incidental losses, costs, 1567
expenses, and damages, including reasonable attorneys' and experts' fees. 1568
5. Any documents improperly filed with the County Clerk pertaining to subdivision1569
approvals or related matters under this chapter shall be a nullity, and the Town1570
may also order any person or entity, including the applicant or the filing party, as1571
a part of any repair or remediation order, to cancel such filings of record. 1572
C. All provisions of New York State law generally applicable to misdemeanors shall apply to1573
any criminal proceeding brought under this chapter, and any misdemeanor shall be1574
deemed an unclassified misdemeanor. For purposes of this chapter, the Town's justice1575
court is hereby vested and imbued with jurisdiction to issue administrative and other1576
warrants in compliance with the New York Criminal Procedure Law and administrative1577
codes of the State of New York, as well as to hear and adjudicate allegations relating to1578
the criminal or civil violation of this chapter and thereafter, if appropriate, impose any1579
fine, penalty, or sanction. 1580
D. Any person or entity that violates any of the provisions of this chapter shall be guilty of a1581
criminal violation and subject to a fine of not more than $2,500, or subject to a civil1582
penalty of not more than $5,000 to be recovered by the Town in a civil action. Each1583
week that any noncompliance or violation continues is and may be charged as a1584
separate violation. 1585
E. The application or pursuit of any civil or criminal fine, sanction, or penalty shall not1586
preclude the pursuit of any other lawful remedy by the Town, including, but not limited to, 1587
the right to seek equitable relief. 1588
1. Whenever the Town shall believe from evidence satisfactory to it that there is a1589
violation of this chapter, the Town may bring an action to enjoin and restrain the1590
continuation of such violation and in any such action: 1591
a. Preliminary relief may be granted under Article 63 of the Civil Practice1592
Law and Rules; and1593
b. The Town shall not be required to post any bond or undertaking; and1594
c. The Town need not prove that: 1595
i. There is or will likely be irreparable harm; or1596
ii. That the Town has no adequate remedy at law. 1597
2. In such action, the court may also award any damages or other relief requested, 1598
including declaring the rights and interests of any parties and imposing any civil1599
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penalties. The remedies provided by this chapter shall not be in lieu of, and shall1600
be in addition to, any other right or remedy available to the Town, whether1601
sounding in enforcement or otherwise. 1602
A.F. Notwithstanding any other provisions of these regulations, the Planning Board1603
may refuse preliminary or final subdivision approval to a subdivider, as long as the1604
subdivider, or any person or entity under or in the control of such subdivider, is in default1605
in the performance of any actions required of them pursuant to law or pursuant to1606
conditions imposed in connection with a previously approved subdivision in the Town of1607
Ithaca. 1608
Article VIII. Interpretations and DefinitionsTerminology1609
234-18. Internal references. 1610
References herein to articles, sections, subsections, and paragraphs are to those parts of these1611
regulations, unless context indicates otherwise. 1612
234-19. Construction. 1613
All nouns and pronouns shall be construed in the singular, plural, masculine, feminine, or1614
neutered context when the provisions hereof so demand or admit. Words shall have their1615
defined meanings and all words shall have standard meanings as applied within the context of1616
the clause in which such terms appear. Subject headings are for convenience and shall not be1617
construed or applied to limit or restrict the subject matter and terms appearing under such1618
subject heading. Whenever any reference is made to any section of law or regulations, such1619
reference shall be interpreted to include such law or regulation as later amended, renumbered, 1620
or re-codified, and a mere typographical citation error shall not be given effect. 1621
For the purposes of these regulations, the language set forth shall be interpreted according to1622
the following rules of construction: 1623
A. The singular includes the plural. 1624
B. The plural includes the singular. 1625
C. The word "shall" means the action is mandatory. 1626
D. The words "may" or "should" means the action is elective. 1627
E. The word "she" includes "he." 1628
234-20. Definitions. 1629
As used in this chapter, the following terms shall have the meanings indicated: 1630
ALLEY1631
A private thoroughfare less than 20 feet in width. 1632
APPLICANT1633
All applicants for subdivisions must be the owners of the land in question, have a sufficient1634
ownership interest in such land, or be appointed agents for such owner; and such term shall1635
also mean anyone who applies for subdivision approval or amendments to any prior subdivision1636
and any subdivider or related land developer working with an owner or subdivider. 1637
ATTACHED DWELLING UNITS1638
Two or more dwelling units which share common structural building elements and are1639
constructed on the same building lot. 1640
BASEMENT1641
A story partly underground but having at least 1/2 of its height above the average level of the1642
adjoining ground. A basement, or cellar, shall be counted as a story for the purposes of height1643
regulation. 1644
BLOCK1645
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A parcel of land partially or entirely surrounded by public highways, streams, railroad rights-of-1646
way, parks or a combination thereof, which has been subdivided into lots. 1647
BOARD1648
The Planning Board of the Town of Ithaca. 1649
BUFFER AREA1650
An area bordering the lot lines of the property on which a clustered subdivision is to be built, 1651
within which there shall be no permanent structures. A parking lot shall be considered a1652
permanent structure for the purposes of these regulations. 1653
BUILDING HEIGHT1654
The distance from the surface of the lowest level (floor of a crawl space, basement floor, slab, or1655
other floor, even if below exterior grade level) in contact with the ground surface to the highest1656
point of the roof, excluding chimneys, antennas or other similar protuberances. 1657
BUILDING INSPECTOR1658
The duly designated Building Inspector of the Town of Ithaca or the consultant employed for that1659
purpose. 1660
BUILDING LOT1661
See "lot." 1662
CELLAR1663
A story partly underground but having at least 1/2 of its height below the average level of the1664
adjoining ground. A basement or cellar shall be counted as a story for the purposes of height1665
regulation. 1666
CLUSTER1667
A development of residential dwelling units on lots which may be smaller than permitted within1668
the existing zone, but where the number of dwelling units shall in no case exceed the number1669
which could be permitted, in the Planning Board's judgment, if the land were subdivided into lots1670
conforming to the minimum lot size and density requirements of Chapter 270, Zoning, applicable1671
to the district or districts in which such land is situated and conforming to all other applicable1672
requirements. 1673
COMMUNITY CENTER1674
A structure built within a clustered subdivision which may have recreational or public meeting1675
facilities, and is to be used primarily by the residents of the clustered subdivision and their1676
guests. 1677
COMPREHENSIVE PLAN1678
A plan prepared by the Planning Board pursuant to § 272-a of the Town Law which indicates the1679
general locations recommended for various functional classes of public works, places and1680
structures and for the general physical development of the Town. In the Town of Ithaca, the1681
Comprehensive Plan is not a single document, but includes such diverse elements as zoning1682
ordinance, subdivision regulations, highway map, water and sewer master plans, official zoning1683
designation map, consultant reports, and duly adopted ordinances, laws, resolutions, rules and1684
regulations that specifically address future Town needs. Also known as "Master Plan." 1685
CONSERVATION EASEMENT1686
Conservation easement means an easement, covenant, restriction or other interest in real1687
property, created under and subject to the provisions of this title which limits or restricts1688
development, management or use of such real property for the purpose of preserving or1689
maintaining the scenic, open, historic, archaeological, architectural, or natural condition, 1690
character, significance or amenities of the real property in a manner consistent with the public1691
policy and purpose set forth in section 49-0301 of this title, provided that no such easement1692
shall be acquired or held by the state which is subject to the provisions of article fourteen of the1693
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constitution. 1694
CUL-DE-SAC1695
A street having one end open to traffic and the other end permanently terminated by a vehicular1696
turnaround. 1697
DEAD-END STREET1698
A street, similar to a cul-de-sac, but providing no turnaround at its closed end. 1699
DETACHED DWELLING UNITS1700
Dwelling units which share no common structural building elements and are constructed on1701
separate building lots. 1702
DRIVEWAY1703
A portion of a lot or a right-of-way less than 20 feet wide providing access to buildings or other1704
structures on one or more lots. 1705
DWELLING UNIT1706
A building, or portion of a building, providing complete living facilities including food preparation1707
area and bath. 1708
EASEMENT1709
A grant by the property owner to the public, a corporation, or a certain person or persons of the1710
use of a strip of land for a specific purpose. 1711
ENGINEER1712
The Town Engineer of the Town of Ithaca. 1713
FINAL PLAT1714
The map or plan prepared in accordance with these regulations which is signed by the1715
Chairman of Planning Board and filed in the office of the County Clerk following final subdivision1716
approval. 1717
FLAG LOT1718
A lot that meets the minimum area requirements of zoning within the Town which is connected1719
to a public road right-of-way by a strip of land at least 20 feet wide and containing a driveway. 1720
Generally, these are called "flag lots" as the shape is often like a flagpole with flag, with the1721
main lot being the "flag" and the connection to a street or accessway being the "flagpole." 1722
GROSS AREA1723
The amount of land in a subdivision before roads, rights-of-way, parks, and permanent open1724
space are deducted. 1725
HIGHWAY1726
See "street." 1727
IMPROVEMENTS1728
All requirements of these regulations which cause a physical change to be made to the site and1729
which are reasonably related to the preservation of the health, safety, and welfare of1730
community. Such improvements may include, but are not limited to, all public utilities, roads, 1731
sidewalks, landscaping and buffering, lighting, parkland and recreation equipment, and1732
monuments. 1733
LOT1734
A parcel of land or volume of space. 1735
LOT AREA1736
The deed description of a lot with the exception of any portion of a public highway right-of-way. 1737
LOT LINE1738
The property boundary of a lot. 1739
LOT LINE ADJUSTMENT1740
The adjustment of one or more lot lines between two or more existing and adjoining lots that does1741
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not result in the creation of new lots, the creation of any nonconforming lot, and which does not1742
effect a transfer of more than five acres in gross (meaning, when counting all land transferred from1743
each lot or party to the other), and which transferred parcels are merged into their new parent parcel. 1744
While not a subdivision, lot line adjustments are land divisions and shall be approved in the same1745
manner as exempt subdivisions under this chapter. If a lot line change does not meet this definition1746
of being a lot line adjustment, then it shall be referred to the Planning Board for review and approval. 1747
MASTER PLAN1748
See "Comprehensive Plan." 1749
MULTISTORY DWELLING UNITS1750
Dwelling units which are built one above another in a single structure with two or more stories. 1751
The separate building lots for the second and higher dwelling units shall be indicated by three-1752
dimensional descriptions on the subdivision plat. This term includes both dwelling units which1753
are constructed above each other and also those where some proportion of the higher dwelling1754
unit or units are constructed adjacent to, as well as above, the lower dwelling unit or units. 1755
OFFICIAL MAP1756
The map established by the Town Board pursuant to § 270 of the Town Law, showing streets, 1757
highways, and other public proposals theretofore laid out, adopted, and established by law as1758
well as any amendments adopted by the Town Board or additions thereto resulting from1759
approval of subdivision plats by the Planning Board and the subsequent filing of these approved1760
plats. Also known as the "Official Zoning Designation Map." 1761
PLANNING BOARD1762
The Planning Board of the Town of Ithaca. 1763
PLAT1764
The map, plan, drawing or chart on which a subdivider's plan of subdivision is presented to the1765
Planning Board for approval; the final plat, if approved, will be submitted to the County Clerk or1766
registrar for recording. 1767
PRIMARY THOROUGHFARE1768
A highway that provides for fast or heavy traffic of considerable continuity and that is or will be1769
used primarily as a traffic artery for interconnection between areas of concentration. This1770
includes, but is not limited to, federal, state and county highways and shall include those streets1771
designated as "primary thoroughfares" on the Highway Master Plan, if such exists. 1772
RESOURCE ANALYSIS1773
The inventory and evaluation of natural, historic, cultural, and scenic resources on a property to1774
identify those resources to be protected; provide the basis for the maximum density calculation, 1775
in conjunction with the Site Capacity Calculation; and determine locations for building1776
envelopes. 1777
RESUBDIVISION1778
A change in the map of an approved or recorded subdivision if such change affects highway1779
layout shown on such map, or areas reserved for public use, or any change of a lot line. 1780
Resubdivision is included in the word "subdivision" in these regulations. 1781
SEMIDETACHED DWELLING UNITS1782
Dwelling units which share common structural building elements but which are built on separate1783
building lots. 1784
SEQR1785
New York State Environmental Quality Review Act.[1] 1786
SETBACK LINE1787
A line on a plat usually parallel to the center line of the street between which line and the street1788
line no building or structure may be erected. 1789
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SITE CAPACITY CALCULATION1790
A method of determining the maximum number of allowable dwelling units the Planning Board1791
may approve on any given site based on zoning requirements and the Resource Analysis1792
constraints on the land. 1793
SITE CAPACITY CALCULATION WORKSHEET1794
A form adopted by the Town Board for use in making a site capacity calculation, completed and1795
submitted by an Applicant in connection with an application. 1796
SITE DESIGN AND DEVELOPMENT CRITERIA1797
A manual of requirements and minimum standards that shall be applied to all proposed1798
construction and/or development in the Town of Ithaca, and/or areas that will involve the1799
connections to existing municipal systems over which the Town has jurisdiction. Said manual as1800
prepared by the Town's Engineering Consultants, and as adopted by the Town Board, and as1801
may be amended from time to time, may be obtained from the Town Engineer. 1802
SKETCH PLATN1803
A sketch of the proposed subdivision showing the proposed general layout of streets, lots, or1804
other features that may be submitted to the Planning Board by the subdivider for informal1805
discussion and review, on which the preliminary plat will be based. 1806
STORY1807
The vertical space between a floor and ceiling which in no instance shall be less than the1808
minimum vertical distance required by any officially adopted fire or building code in the State of1809
New York. For the purposes of these regulations, multilevel structures or dwelling units shall be1810
defined as having more than one story for the purposes of height regulation if the minimum1811
vertical distance between any floor and the next highest floor anywhere in the structure or1812
dwelling unit exceeds six feet. 1813
STREET1814
A right-of-way at least 20 feet wide, dedicated to public use, or a private right-of-way not less1815
than 20 feet in width serving more than one ownership, for a primary access to adjacent lands1816
or subject to public easements, and whether designated as a highway, thruway, road, avenue, 1817
boulevard, lane, drive, place, circle or however otherwise designated. 1818
STREET PAVEMENT1819
The surface of the roadway prepared in the manner specified by Town of Ithaca Highway1820
specifications. 1821
STREET WIDTH1822
The width of the right-of-way, measured at right angles to the center line of the street. 1823
SUBDIVIDER1824
Any person, firm, partnership, association, corporation, estate, trust, or another group or1825
combination acting as a unit, undertaking the dividing of land so as to constitute a subdivision as1826
defined herein. This definition includes any agent of the subdivider. 1827
SUBDIVISION, EXEMPT1828
The division of any parcel into two or fewer lots, where each of the following requirements is1829
strictly met: 1830
A. Each lot is not less than one acre; 1831
B. No lot is nonconforming; 1832
C. Each lot has not less than 150 feet of frontage on a public highway and a one-hundred-fifty-1833
foot lot width; 1834
D. No infrastructure is proposed, required or created, including extensions of public water or1835
sewer mains; 1836
E. There has not been any other prior subdivision of any lot affected by such proposed exempt1837
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subdivision, no variances are needed by any person to qualify as an exempt subdivision, and1838
the action qualifies as a Type II Action under SEQRA. 1839
SUBDIVISION1840
A. The division of any parcel of land into two or more lots, plots, sites or other divisions of land; 1841
for immediate or future use, sale, or transfer. 1842
B. Development in such a way as to create one or more new streets. 1843
C. Conventional: a subdivision which creates lots meeting all minimum lot size requirements in1844
which no provision is made for common ownership of undivided open space in the subdivision. 1845
D. Cluster: A subdivision in which the otherwise applicable area and bulk regulations of zoning1846
are modified to encourage flexibility of design and development of land in such a manner that1847
the layout, configuration, and design of lots, structures, driveways, roads, parks, trails and1848
landscaping are designed to preserve important natural resources and scenic qualities of the1849
site. A conservation subdivision is a cluster subdivision as authorized by Town Law § 278 and1850
this chapter. 1851
a subdivision in which lots are smaller than the minimum size required by ordinance and in1852
which the remaining area is maintained as permanent open space. 1853
E. This term includes the creation of, and all changes in, highway and lot lines, whether or not1854
new building or development is to occur. Lots over five acres to be used solely for agricultural1855
purposes are exempted from this definition. This term includes resubdivision and, when1856
appropriate to the context, shall relate either to the process of subdividing or to the land1857
subdivided. Also includes any division of land defined as a realty subdivision under Section 1151858
of New York Code Title II and subject to Tompkins County Department of Health review under1859
Section 116 of such Code. Also includes any subdivision that involves a new private road or1860
public right-of-way, municipal utility extension, or other new public facility. 1861
SURVEYOR1862
A person licensed as a land surveyor by the State of New York. 1863
TOWN ENGINEER1864
The duly designated engineer of the Town of Ithaca or the engineering consultant employed by1865
the Town. 1866
TOWN PLANNER1867
The duly designated planner for the Town of Ithaca, or the planning consultant employed by the1868
Town. 1869
TRANSFER OF PROPERTY1870
A subdivision of property where lot lines are rearranged, such that parcels being conveyed are1871
transferred and merged in the same name and title as the adjoining property, thereby creating1872
no new building lots and no new nonconformities. 1873
ZONING MAP1874
The map included as part of Chapter 270, Zoning, that designates land use districts. 1875
1] Editor's Note: See Environmental Conservation Law § 8-0101 et seq. 1876