References herein to articles, sections, subsections,
and paragraphs are to those parts of these regulations, unless context
indicates otherwise.
For the purposes of these regulations, the language
set forth shall be interpreted according to the following rules of
construction:
As used in this chapter, the following terms
shall have the meanings indicated:
A private thoroughfare less than 20 feet in width.
Two or more dwelling units which share common structural
building elements and are constructed on the same building lot.
A story partly underground but having at least 1/2 of its
height above the average level of the adjoining ground. A basement,
or cellar, shall be counted as a story for the purposes of height
regulation.
A parcel of land partially or entirely surrounded by public
highways, streams, railroad rights-of-way, parks or a combination
thereof, which has been subdivided into lots.
The Planning Board of the Town of Ithaca.
An area bordering the lot lines of the property on which
a clustered subdivision is to be built, within which there shall be
no permanent structures. A parking lot shall be considered a permanent
structure for the purposes of these regulations.
The distance from the surface of the lowest level (floor
of a crawl space, basement floor, slab, or other floor, even if below
exterior grade level) in contact with the ground surface to the highest
point of the roof, excluding chimneys, antennas or other similar protuberances.
The duly designated Building Inspector of the Town of Ithaca
or the consultant employed for that purpose.
See "lot."
A story partly underground but having at least 1/2 of its
height below the average level of the adjoining ground. A basement
or cellar shall be counted as a story for the purposes of height regulation.
A development of residential dwelling units on lots which may be smaller than permitted within the existing zone, but where the number of dwelling units shall in no case exceed the number which could be permitted, in the Planning Board's judgment, if the land were subdivided into lots conforming to the minimum lot size and density requirements of Chapter 270, Zoning, applicable to the district or districts in which such land is situated and conforming to all other applicable requirements.
A structure built within a clustered subdivision which may
have recreational or public meeting facilities, and is to be used
primarily by the residents of the clustered subdivision and their
guests.
A plan prepared by the Planning Board pursuant to § 272-a
of the Town Law which indicates the general locations recommended
for various functional classes of public works, places and structures
and for the general physical development of the Town. In the Town
of Ithaca, the Comprehensive Plan is not a single document, but includes
such diverse elements as zoning ordinance, subdivision regulations,
highway map, water and sewer master plans, official zoning designation
map, consultant reports, and duly adopted ordinances, laws, resolutions,
rules and regulations that specifically address future Town needs.
Also known as "Master Plan."
A street having one end open to traffic and the other end
permanently terminated by a vehicular turnaround.
A street, similar to a cul-de-sac, but providing no turnaround
at its closed end.
Dwelling units which share no common structural building
elements and are constructed on separate building lots.
A portion of a lot or a right-of-way less than 20 feet wide
providing access to buildings or other structures on one or more lots.
A building, or portion of a building, providing complete
living facilities including food preparation area and bath.
A grant by the property owner to the public, a corporation,
or a certain person or persons of the use of a strip of land for a
specific purpose.
The Town Engineer of the Town of Ithaca.
The map or plan prepared in accordance with these regulations
which is signed by the Chairman of Planning Board and filed in the
office of the County Clerk following final subdivision approval.
The amount of land in a subdivision before roads, rights-of-way,
parks, and permanent open space are deducted.
See "street."
All requirements of these regulations which cause a physical
change to be made to the site and which are reasonably related to
the preservation of the health, safety, and welfare of community.
Such improvements may include, but are not limited to, all public
utilities, roads, sidewalks, landscaping and buffering, lighting,
parkland and recreation equipment, and monuments.
A parcel of land or volume of space.
The deed description of a lot with the exception of any portion
of a public highway right-of-way.
The property boundary of a lot.
See "Comprehensive Plan."
Dwelling units which are built one above another in a single
structure with two or more stories. The separate building lots for
the second and higher dwelling units shall be indicated by three-dimensional
descriptions on the subdivision plat. This term includes both dwelling
units which are constructed above each other and also those where
some proportion of the higher dwelling unit or units are constructed
adjacent to, as well as above, the lower dwelling unit or units.
The map established by the Town Board pursuant to § 270
of the Town Law, showing streets, highways, and other public proposals
theretofore laid out, adopted, and established by law as well as any
amendments adopted by the Town Board or additions thereto resulting
from approval of subdivision plats by the Planning Board and the subsequent
filing of these approved plats. Also known as the "Official Zoning
Designation Map."
The Planning Board of the Town of Ithaca.
The map, plan, drawing or chart on which a subdivider's plan
of subdivision is presented to the Planning Board for approval; the
final plat, if approved, will be submitted to the County Clerk or
registrar for recording.
A highway that provides for fast or heavy traffic of considerable
continuity and that is or will be used primarily as a traffic artery
for interconnection between areas of concentration. This includes,
but is not limited to, federal, state and county highways and shall
include those streets designated as "primary thoroughfares" on the
Highway Master Plan, if such exists.
A change in the map of an approved or recorded subdivision
if such change affects highway layout shown on such map, or areas
reserved for public use, or any change of a lot line. Resubdivision
is included in the word "subdivision" in these regulations.
Dwelling units which share common structural building elements
but which are built on separate building lots.
New York State Environmental Quality Review Act.[1]
A line on a plat usually parallel to the center line of the
street between which line and the street line no building or structure
may be erected.
A sketch of the proposed subdivision showing the proposed
general layout of streets, lots, or other features that may be submitted
to the Planning Board by the subdivider for informal discussion and
review, on which the preliminary plat will be based.
The vertical space between a floor and ceiling which in no
instance shall be less than the minimum vertical distance required
by any officially adopted fire or building code in the State of New
York. For the purposes of these regulations, multilevel structures
or dwelling units shall be defined as having more than one story for
the purposes of height regulation if the minimum vertical distance
between any floor and the next highest floor anywhere in the structure
or dwelling unit exceeds six feet.
A right-of-way at least 20 feet wide, dedicated to public
use, or a private right-of-way not less than 20 feet in width serving
more than one ownership, for a primary access to adjacent lands or
subject to public easements, and whether designated as a highway,
thruway, road, avenue, boulevard, lane, drive, place, circle or however
otherwise designated.
The surface of the roadway prepared in the manner specified
by Town of Ithaca Highway specifications.
The width of the right-of-way, measured at right angles to
the center line of the street.
Any person, firm, partnership, association, corporation,
estate, trust, or another group or combination acting as a unit, undertaking
the dividing of land so as to constitute a subdivision as defined
herein. This definition includes any agent of the subdivider.
The division of any parcel of land into two
or more lots, plots, sites or other divisions of land; for immediate
or future use, sale, or transfer.
Development in such a way as to create one or
more new streets.
Conventional: a subdivision which creates lots
meeting all minimum lot size requirements in which no provision is
made for common ownership of undivided open space in the subdivision.
Cluster: a subdivision in which lots are smaller
than the minimum size required by ordinance and in which the remaining
area is maintained as permanent open space.
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This term includes the creation of, and all
changes in, highway and lot lines, whether or not new building or
development is to occur. Lots over five acres to be used solely for
agricultural purposes are exempted from this definition. This term
includes resubdivision and, when appropriate to the context, shall
relate either to the process of subdividing or to the land subdivided.
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A person licensed as a land surveyor by the State of New
York.
The duly designated engineer of the Town of Ithaca or the
engineering consultant employed by the Town.
The duly designated planner for the Town of Ithaca, or the
planning consultant employed by the Town.
The map included as part of Chapter 270, Zoning, that designates land use districts.
[1]
Editor's Note: See Environmental Conservation
Law § 8-0101 et seq.
