HomeMy WebLinkAboutCOC minutes 2025-03-13TOWN OF ITHACA
CODES AND ORDINANCES COMMITTEE (COC)
Meeting of March 13, 2025 —5:30 p.m.
Shirley A. Raffensperger Board Room,Town Hall
Minutes
Members Present: Rob Rosen,Chair; Bill Arms; Chris Jung; Eva Hoffmann; Susie Gutenberger-
Fitzpatrick; Margaret Johnson.
Staff Present: David O'Shea, Director of Engineering; Dana Magnuson, Senior Code Officer; Marty Moseley,
Director of Code Enforcement; Susan Brock,Attorney for the Town; Christine Balestra, Senior Planner; C.J.
Randall, Director of Planning.
Guests: none
The meeting was recorded on Zoom and streamed live on the Town of Ithaca YouTube channel.
1.Member comments/concerns. None.
2.Review minutes from February 13,2025,COC meeting. Rob moved to accept the minutes; Bill
seconded, minor changes were submitted by Susan Brock,verbally reviewed and accepted. Five
members voted in favor of approval of February 13, 2025, COC meeting minutes, as amended, Eva
abstained.
3.Continued review of Draft Subdivision of Land regulations:
Article VIL Expiration of Subdivision Approval.
The committee picked back up with §234-31 Approval for dedication.A-F.New items/section. The
previous meeting minutes and earlier discussion was whether this should be left in the Subdivision
Regulations or moved into the Site Design and Development Criteria Manual? There were no objections
to moving the section out of subdivision and into the new manual, it will be flagged for staff review and
final recommendation.
234-39. Conditions; procedures. C. Change noted in this section was the expiration date changing from
10-years to 36 months (consistent with Site Plan Review and other municipalities'). F.change"after"to"prior
to".
Article VIL Enforcement and penalties for offenses: (Formerly §234-3)-move back up per Susan-some
of these substantive requirements should (and may already) come before the enforcement section
234- .Enforcement
A. Copy edit the section numbers "§234-10", update to current staff titles
234- Building Permit whole section needs to be reconfigured-rewritten/modified.
234-9.Penalties for offenses. Susan referenced the new violation and penalties section (§270-239) in
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the Town Zoning Law recently approved by the Town Board (recommended by the COC). Susan asked if
the COC wants to structure the language here the same way as opposed to the new language proposed?
Yes, all agreed to have staff wordsmith and blend this language to reflect the subdivision terms and be
consistent with the related zoning chapter sections for violations and penalties. The civil penalty amount
of not more than $1,000 per day was discussed, is this amount relevant the same to subdivision as to
zoning violations and when would this begin, at the time of the violation or from the time the person was
made aware of the violation? Marry confirmed the latter,the penalty period begins once they are
officially notified of the violation although Susan did not see that specifically written in the section and it
can be handled as a penalty from the day of the violation or from time the order to remedy or another
notification is sent. Chris noted letter D that talked about criminal violation and fine of not more than
2,500 or subject to civil penalty of not more than $5,000 each week,not per day. This will need to be
consistent and most agreed that per day would be better. The COC can choose how they want this to be
worded for the final draft. Prior illegal subdivisions were given as an example to when/where violations
and penalties could be applied. Susan asked for F to be checked about the legality of refusal of
subdivision approval if"the subdivider, or any person or entity under control" is in default from a
previous subdivision, should this be removed or left in? This existing language will be researched, most
were inclined to leave it in.
Article VI. Terminology
234-19 Construction the new language added to remove the gender references was ultimately decided
to be removed from this section, "All nouns and pronouns shall be constructed in the singular,plural,
masculine, feminine, or neutered context when the provisions here so demand or admit." This is not
needed in the construction section and is a global change through the whole document.
ALLEY- Remove the word"private"
APPLICANT- Susan noted this proposed definition is complicated and one more simple should be
proposed.
ATTACHED DWELLING UNITS and BASEMENT were added and then proposed to be removed
because they are in the Zoning Code definitions already,however Susan asked to confirm they are the
same before removing from the subdivision section where/if they are also used. If not used, they can be
deleted.
BUFFER AREA-this was discussed in detail and centered around temporary structures,what is the
definition of that, and should they be allowed in the buffer area or not?No change was proposed.
BUILDING HEIGHT-this was added,proposed to be removed because it is in the zoning law. Susan
confirmed this could be removed.
BUILDING INSPECTOR-change to Director of Code Enforcement
CLUSTER add Subdivision, Susan and C.J. noted the density bonus calculation needs to be reflected to
indicate more lots may be created than in a conventional subdivision. Amend this definition.
COMPREHENSIVE PLAN-Susan recommended keeping the first sentence only, the remaining was
when there was no plan in place and the town has since adopted a Comprehensive Plan.
CONSERVATION EASEMENT-Susan recommended adding "NY Environmental Conservation Law
Article 49, Title 3".
CUL-DE-SAC,DEAD-END STREET-remove both of these definitions, defined elsewhere and not
encouraged by the town.
DETACHED DWELLING UNITS-remove
ENGINEER-add"Town" or change entirely to"DIRECTOR OF ENGINEERING"
EASEMENT-add"or area".
Susan recommended adding EXEMPT SUBDIVISION-see SUBDIVISION, EXEMPT.
FLAG LOT-Susan noted this needs to be revised because they do not meet the minimum area
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requirements of zoning as the definition indicates
The committee ended the review in Article VI. Terminology and the last definition reviewed was FLAG
LOT, begin with GROSS AREA.
4.Other business:Next meeting—April 10, 2025, at 5:30 p.m.
Agenda—Final review of the draft Subdivision Regulations. Rob noted the COC taking a
break for a month or two while staff incorporate all the suggested changes into the next
draft.
C.J. mentioned the intention to develop draft language to amend Accessory Buildings
Zoning(namely sheds) from the COC workplan; the committee could review while staff
revises subdivision language into a final draft. The timing of that would depend on C.J.
and Marty's schedule. Brief recap of the ZBA Resolution on June 25,2024 asking the
Town Board to consider allowing sheds in the side yards due to the large number of
variances applied for and received. Rob asked for this to be ready for the next meeting,
after the remaining subdivision draft review.
The meeting adjourned at 7:00 p.m.
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