A.
By resolution adopted on the sixth day of October
1955, the Town Board, pursuant to the provisions of Article 16 of
the Town Law, authorized the Planning Board of the Town of Ithaca
to approve plats for subdivisions within that part of the Town of
Ithaca outside the limits of any incorporated village, said resolution
reading as follows: "RESOLVED, that the Planning Board shall be, and
it hereby is, authorized and empowered to approve plats showing new
streets or highways within that portion of the town outside the limits
of the Incorporated Village of Cayuga Heights, and to exercise all
other powers, delegated to it by the provisions of Article IX of the
Zoning, Building and Planning Ordinance of the Town of Ithaca enacted
October 7, 1954,[1] or which may be delegated to it by resolution of the Town
Board, pursuant to the provisions of § 274 of the Town Law,[2] or which are described or contemplated under the provisions
of Article 16 of the Town Law or acts amendatory thereof, with reference
to Zoning and Planning; and be it further RESOLVED, that the Town
Clerk shall file with the Clerk of the County of Tompkins a certificate
in the form herewith attached, certifying that the Planning Board
has been authorized to approve plots showing new streets or highways
in accordance with the provisions of § 276 of the Town Law."
B.
By resolution adopted on the fifth day of November
1955, the Town Board authorized the Town Planning Board to confirm
or make changes to the Town Zoning Regulations[3] simultaneously with the approval of a subdivision plat
to the extent permitted by law, said resolution reading as follows:
"RESOLVED that the Planning Board be, and it hereby is, empowered
at the time of the approval of a plat either to confirm the zoning
regulations of the land so platted as shown on the Official Zoning
Maps of the Town or to make any reasonable change therein, upon following
the procedure required by § 281 of the Town Law."[4]
C.
The Subdivision Regulations of the Town of Ithaca
were adopted by the Town Planning Board on March 24, 1956, and approved
by the Town Board on March 24, 1956.
D.
By resolution adopted on the fourth day of October
1982, the Town Board amended the Town of Ithaca Subdivision Regulations,
reaffirmed the delegation to the Planning Board of it powers under
§ 281 of the Town Law, as amended,[5] and further delegated to the Planning Board the authority to mandate clustered subdivisions in the Town of Ithaca. Said resolution further authorized the Planning Board to require developers to submit a clustered subdivision plan whenever the Planning Board believes that the application of such procedure would benefit the Town. The authority of the Planning Board to require clustering is limited by the conditions of Article V of these regulations, adopted by the Planning Board on November 11, 1982, and approved by the Town Board on November 16, 1982, and by the provisions of Article 16, § 281, of the Town Law.
[5]
Editor's Note: Town Law § 281 re:
clustered subdivisions was renumbered and amended by L. 1992, c. 727.
See now Town Law § 278.
E.
The Subdivision Regulations of the Town of Ithaca
are further amended to read as follows.
A.
The policy of the Town of Ithaca is to consider land
subdivision regulations as part of a Comprehensive Plan for the orderly,
efficient, and economical development of the Town of Ithaca. Proper
provision shall be made for drainage, water supply, sewerage, highways,
open space, and other needed improvements, and to provide protection
against floods and to otherwise promote the health, safety, and welfare
of the Town's inhabitants.
B.
The Subdivision Regulations are adopted to guide,
promote, and protect the community's physical, social, and aesthetic
development in order to preserve the character of the Town as a beautiful
and desirable place in which to live.
C.
All proposed lots shall be laid out in harmony with
the prevailing pattern of development, with development following
the contour of the land as much as possible. Developers of large subdivisions
are encouraged to consider the use of clustering in their designs.
Clustering may permit a flexibility in the development and use of
land. Clustering results in a concentration of occupancy and use in
a particular area of land and space. The increased use of the cluster
provisions of Town Law may encourage the preservation of available
open space within residential communities and reduce the cost and
maintenance of public improvements.
D.
The Planning Board may adopt provisions for parks,
playgrounds and other recreational facilities pursuant to the Town
of Ithaca Park and Open Space Plan.
E.
All streets shall be of such width, grade, and location
in order to accommodate the prospective traffic, including accommodation
of pedestrian and bicycle traffic as may be required by the Town of
Ithaca Complete Streets Policy, and to facilitate emergency services,
and to provide access for all firefighting equipment to all buildings.
[Amended 5-11-2015 by L.L. No. 3-2015]
F.
In a proposed or approved regulating plan area for traditional neighborhood
development (TND), the New Neighborhood Code applies additional and
different requirements for thoroughfare and street types and pattern,
parks and preserves, lot arrangement, and other aspects of 1) neighborhood
design, 2) the public realm, and 3) subdivision review and approval.
(See §§ 272-301 through 272-310, 272-403, 272-702.3,
272-802, and 272-803. TND street construction and engineering standards
and TND stormwater design guidelines are in separate guides.)
[Added 11-9-2020 by L.L.
No. 7-2020]
A.
These regulations shall be enforced by the Building Inspector, Town Engineer, or the Town Planner. If any applicant for subdivision approval or other person is aggrieved by a requirement or determination of the enforcing officer affecting the interpretation, applicability, compliance with and enforcement of any of these regulations, he shall appeal to the Planning Board for a review of the requirement or determination by the Planning Board in accordance with the provisions of § 234-10 hereof entitled "Appeals and waivers."
B.
Whenever any subdivision of land is proposed to be
made, the subdivider or his agent shall apply in writing to the Planning
Board for the approval of the subdivision. This application shall
conform to the specifications set forth in these regulations.
C.
Until the Planning Board has given final approval
of any subdivision plat and the application for the approval of a
subdivision, and the subdivision map has been filed in the County
Clerk's office bearing the approval of the Town Planning Board and
all other required endorsements and complying with these regulations
and all requirements of law, no building permit for construction or
other work on the property shall be issued nor shall such permit be
valid if erroneously issued, and no lot in the subdivision shall be
sold. Any such action or any work done on or with respect to the lands
in the subdivision or any expenses incurred prior to final approval
shall be at the peril of the owner of the land or the applicant and
shall not give rise to any claim for damages by the landowner or applicant.
D.
Where an approved subdivision has later been consolidated,
in whole or in part, for real estate tax purposes or any other reason
(and regardless of whether all or a part of such subdivision has been
or thereafter is described as one or multiple parcels on any deeds
or other instruments), the portion so consolidated shall not be resubdivided
without undergoing subdivision review and approval as if it were a
new subdivision.
A.
Notice of public hearings shall be published in the
official newspaper of the Town of Ithaca at least five days before
the Planning Board meeting. The law governing the holding of public
hearings for subdivision approval is set forth in § 276
of the Town Law.
B.
Advertising or publishing the notice, in accordance
with the provisions of law, is the only notice legally required.
C.
However, in order to promote public information and
participation in the subdivision approval procedures, the Planning
Board may direct the Planning Board Secretary or other authorized
person to make reasonable efforts to notify owners of land whose property
is adjacent to and abuts upon any boundary of the land for which subdivision
approval is sought or whose land is in the immediate vicinity of the
proposed subdivision and who have such standing as will support their
interest in the subdivision or site plan. The failure to give any
such notice shall not invalidate in any manner any action or determination
by the Planning Board, nor shall such failure be a basis for any proceeding
or action against any officer, official or employee, or a member of
the Town Board or Planning Board.
D.
A public notice sign of the pending public hearing, obtainable at the Planning Department, shall be posted on the property to be subdivided in view of a public road not less than 14 days nor more than 30 days prior to the public hearing at which the subdivision is to be considered. Failure to post or maintain the signs as provided in this subsection shall not be a jurisdictional defect and any action taken by the Planning Board in connection with the application shall not be nullified or voidable by reason of the failure to comply with this subsection. However, the failure to post or maintain the sign may be grounds, should the Planning Board in its discretion so determine, to deny the application sought or to decline to hear the matter at the scheduled meeting date by reason of the failure to have the appropriate signs installed and/or maintained. The Planning Board may, on good cause shown, waive the requirement of the posting of signs as called for by this section and by the applicable provisions of Chapter 270, Zoning.
A.
In their interpretation and application, the provisions
of these regulations shall be held to be minimum requirements, adopted
for the promotion of public health, safety, and general welfare.
B.
Nothing in these regulations shall prohibit the subdivider
from placing additional restrictions, not in violation of these regulations,
on lots within the development.
A.
The Town of Ithaca has established a three-step procedure
for the review of subdivisions. Its purpose is to encourage developers
and the public to work together with the Planning Board and the Town
staff to achieve the goals for development and growth of the Town
of Ithaca.
B.
When required by the Town staff the applicant shall present preliminary ideas in the form of a sketch plat to the Town staff for their comments and evaluation prior to the scheduling of a Planning Board meeting. The requirements for the sketch plat are set forth in Article II, § 234-14. The staff will be available to help the subdivider understand the improvements and restrictions which the Planning Board could be expected to impose upon the development, as presented. The staff and the subdivider should work together to ensure that the project will meet the requirements of these regulations as well as any additional requirements the Planning Board may impose.
C.
If the subdivision is complex or extraordinary in
scale, the subdivider shall be required to present informally the
sketch plat to the Planning Board for its comments prior to the preparation
of a preliminary plat. This sketch plat review may save the subdivider
time and expense in the planning and design of the project.
D.
The subdivider should inquire of the staff as to the
overall requirements of these regulations, and may proceed with the
preparation of a preliminary plat.
E.
All documents relating to the preliminary plat, including
the Environmental Assessment Form, Part I, shall be presented to the
applicable department at least 20 business days before the Planning
Board meeting at which the project is to be considered. The Town Planner
or the Town Planner's designee shall record the date when the material
is received. The Planning Board shall not be required to hold a public
hearing until the Town Planner or Town Planner's designee has received
all required information and documents.
F.
Following preliminary subdivision approval, the subdivider
may proceed to stake out roads and lots, to prepare final plans and
any engineering plans showing information and data required by these
regulations and other applicable provisions of law, and the subdivider
shall also furnish such other information as may be lawfully and reasonably
required by the Planning Board. The act, in itself, of the Planning
Board in granting preliminary approval of a subdivision plan shall
not be interpreted to create a presumption, or in any way imply, that
the Planning Board will give final approval to the subdivision if
all conditions contained in the preliminary approval have not been
met to the satisfaction of the Planning Board or if the Planning Board
determines that the subdivider has not met all other requirements
of any applicable rule, regulation, code or law or any other requirements
which the Planning Board may reasonably impose before any final approval
is given.
The subdivider, at any stage of his application for subdivision approval shall furnish such information, data, maps, reports or other documents which the Town or the Planning Board, as its agency, may require for the environmental review procedures including all applicable requirements of the New York State Environmental Quality Review Act and Chapter 148, Environmental Quality Review, of the Code of the Town of Ithaca, as it may be amended from time to time, or any other applicable rule, regulation, code or law. The Planning Board will usually act as the lead agency for the environmental review of subdivisions within the Town of Ithaca, although the subdivider may also be required to obtain permits from other agencies, such as the Tompkins County Health Department, prior to final approval of the project.
A.
There shall be paid to the Town the application fees, review fees, hearing and/or agenda fees, escrow deposits, SEQR fees and other charges as set from time to time by Town Board resolution, as set forth in Chapter 153, Fees, of the Code of the Town of Ithaca, and as set forth in any other applicable chapter or law.
[1]
Editor’s Note: This local law also provided for an effective
date of 1-1-2010.
B.
The time of payment of such fees, the process for calculating, depositing and/or paying same, and the circumstances under which the fees or deposits may be modified shall all be as set forth in Chapter 153, Fees, of the Town of Ithaca Code.
[Amended 12-7-2009 by L.L. No. 25-2009[2]]
[2]
Editor’s Note: This local law also provided for an effective
date of 1-1-2010.
C.
The Town officials receiving such fees shall issue
a receipt stating the purpose of the payment. This receipt must be
filed with the application as evidence of payment.
A.
A violation of these regulations is an offense, punishable
as set forth in § 268 of the Town Law.
B.
Notwithstanding any other provisions of these regulations,
the Planning Board may refuse preliminary or final subdivision approval
to a subdivider, as long as the subdivider, or any person or entity
under or in the control of such subdivider, is in default in the performance
of any actions required of them pursuant to law or pursuant to conditions
imposed in connection with a previously approved subdivision in the
Town of Ithaca.
A.
The appeal by an aggrieved person for a review of the determination of the Building Inspector, Town Engineer, or Town Planner as provided for in § 234-3A of these regulations shall be made in writing, shall set forth in a reasonably concise manner the determination from which an appeal is made and a full statement of the particulars and reasons why the subdivider believes the appeal should be reviewed in such detail on such forms as may be required by the Planning Board. Such appeal must be filed with the Secretary of the Planning Board at least 14 days prior to the meeting of the Planning Board at which the appeal shall be heard. The Planning Board in its sole discretion may waive the aforesaid requirement and permit an appeal to be reviewed in a shorter period of time. The Planning Board shall render its decision in writing within 30 days of the meeting at which the appeal is reviewed.
B.
Waivers. When the strict application of any of the
specifications and provisions of these regulations will cause unnecessary
or significant hardship or practical difficulties, the Planning Board
may waive any such specification or other provision provided that
the Planning Board determines that neither a significant alteration
of the purpose of subdivision control is made, nor the policy enunciated
or implied by the Town Board in adopting these regulations is impaired.
Whenever any such waiver is granted, a copy thereof must be immediately
delivered to the Town Clerk for distribution to the members of the
Town Board.
C.
An appeal from any determination of the Planning Board
shall be made in accordance with the requirements of Article 78 of
the New York Civil Practice Law and Rules.
These regulations may be amended from time to
time by the Town Board. The Planning Board may adopt and amend rules
for the administration and implementation of these regulations, provided
they are not in conflict therewith. A copy of any such amendments
shall be distributed to the Town Clerk for distribution to the Town
Board members.
A final determination by a court of competent
jurisdiction that any one or more of the provisions of these regulations
are illegal, unconstitutional or otherwise void shall not affect the
validity of all other provisions and such other provisions shall continue
to be enforceable and in full force and effect.
These regulations shall be effective upon adoption
by the Planning Board and approval of the Town Board. The Planning
Board may direct that a notice of the adoption shall be published
in the official newspaper within 10 days of the approval by the Town
Board.
