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HomeMy WebLinkAboutLL 05 of 2013 Revise Cluster Subdivision Regulations TOWN OF ITHACA LOCAL LAW NO. 5 OF THE YEAR 2013 A LOCAL LAW AMENDING THE TOWN OF ITHACA CODE, CHAPTER 234 ENTITLED "SUBDIVISION OF LAND", REGARDING CLUSTER SUBDIVISIONS Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 234 (Subdivision of Land), Article V (Rules and Regulations for Clustered Subdivisions) of the Town of Ithaca Code, §234-32 titled "Number of dwelling units permitted"is amended as follows: A. Delete the last sentence of subsection A and replace it with a new sentence reading as follows: "In addition, the density of dwelling units in a clustered development shall not exceed 3.5 dwelling units per gross acre in a Medium Density Residential Zone or 2.3 dwelling units per gross acre in a Low Density Residential Zone." B. In subsection B, replace "§ 281"with the phrase "Town Law § 278". C. Delete subsection F and replace it with a new subsection F reading as follows: "No more than six semidetached, attached, or multistory dwelling units shall be permitted to be clustered in any one structure." Section 2. Chapter 234 (Subdivision of Land), Article V (Rules and Regulations for Clustered Subdivisions) of the Town of Ithaca Code, §234-33 titled "Buffer zone requirement"is amended by deleting § 234-33 in its entirety and replacing it with a new § 234-33 reading as follows: "§234-33. Buffer zone requirement. Buffer zones shall be at least 30 feet wide between the buildings in a clustered subdivision and the boundary of adjacent lots in residential, conservation, or agricultural zoning districts, and at least 20 feet wide between the buildings in a clustered subdivision and the boundary of adjacent lots in commercial, industrial, or other zoning districts. Parkland deeded to the Town of Ithaca pursuant to these subdivision regulations shall be provided with a separation from the nearest building of at least 20 feet. The Planning Board may require a buffer at least 40 feet wide between the edge of the pavement of any public road in a clustered subdivision and any adjoining lot. Notwithstanding the foregoing, the Planning Adopted 6/10/2013 1 Board may require a buffer of at least 125 feet between a community center and the boundary of adjacent lots in any zoning district. The Planning Board may also, at its discretion, require the subdivider to provide adequate landscaping within the buffer area. Parking shall be forbidden in the buffer area." Section 3. Chapter 234 (Subdivision of Land), Article V (Rules and Regulations for Clustered Subdivisions) of the Town of Ithaca Code, §234-34 titled "Regulation of exterior characteristics" is amended as follows: A. Delete the title and replace it with the title "Building placement and design". B. Reletter subsection "A" as subsection "E", delete subsection B, and add new subsections A through D reading as follows: "A. Building placement: general. (1) Location of structures and other improvements must place the highest priority on the preservation of environmentally sensitive areas and agricultural uses. (2) Buildings in a cluster should be grouped as closely as possible to use the site efficiently and to maximize common open space. (3) Staggered front setbacks or random building placement in a cluster of buildings that face a common courtyard is discouraged. B. Building spacing. (1) Distance between principal structures: (a) Side to side: 10 feet minimum. (b) Otherwise: 40 feet minimum. (2) Distance between principal and accessory structures, and between accessory structures: 5 feet minimum. C. Building setbacks. Building envelopes (areas that designate where buildings may be placed) must be included on the preliminary and final plats. Building envelopes do not have to conform to setback requirements in the Adopted 6/10/2013 2 underlying zoning district, but must conform to stream setback requirements in Chapter 270, Zoning, and to the buffer zone requirements in § 234-33 above. D. Building height. Building height must conform to the height requirements for the underlying zoning district as set forth in Chapter 270, Zoning." Section 4. Chapter 234 (Subdivision of Land), Article V (Rules and Regulations for Clustered Subdivisions) of the Town of Ithaca Code, §234-35 titled "Restriction of unrelated persons" is deleted in its entirety. Section 5. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 6. This local law shall take effect immediately upon its filing with the New York Secretary of State. Adopted 6/10/2013 3