HomeMy WebLinkAboutCOC Packet 2026-03-12 � * TOWN OF ITHACA
1121 NEW YORK
PLANNING DEPARTMENT
215 N. Tioga St 14850
607.273.1747
www.town.Ithaca.ny.us
3/6/2026
TO: Codes and Ordinances Committee:
Susie Gutenberger-Fitzpatrick, Acting Chair
Vinny Ferrara
Eva Hoffmann
Diana Sinton
FROM: C.J. Randall, Director of Planning
RE: Next Codes and Ordinances Committee Meeting— March 12, 2026
The next meeting of the Codes and Ordinances Committee is scheduled for Thursday, March 12,
2026, at 5:30 pm in the Town Board Room, located in Town Hall at 215 North Tioga Street.
A quorum of the Town of Ithaca Town Board may be present at this meeting. However, no
official Town Board business will be conducted.
The following items are attached:
1. Minutes from the November 13, 2025, COC meeting.
2. Minutes from the January 8, 2026, COC meeting.
3. Proposed 2026 Codes and Ordinances Committee Work Plan.
4. Memorandum (3/5/2026) relative to Chapter 234: Subdivision of Land regulations.
5. Revised Draft Chapter 234: Subdivision of Land regulations.
If you cannot attend this meeting, please notify Abby Homer as soon as possible at (607) 273-
1747, or ahomer@town.ithaca.nv.us.
cc: Susan H.Brock,Attorney for the Town
Marty Moseley,Director of Code Enforcement
Abby Homer,Administrative Assistant
Paulette Rosa,Town Clerk(email)
Town Administrative staff(email)
Town Code Enforcement staff(email)
Town Planning staff(email)
Town Public Works staff(email)
Media
TOWN OF ITHACA CODES AND ORDINANCES COMMITTEE
215 North Tioga Street
Ithaca, New York 14850
(607) 273-1747
PLEASE NOTE: This meeting will be held in person in the Town Board Room at Town Hall, 215
North Tioga Street, Ithaca, NY, on March 12 2026, at 5:30pm.
Members of the public may join the meeting via Zoom:
• Join Zoom meeting: https://us06web.zoom.us/o/87531393743
• Zoom meeting ID: 875 3139 3743
• Dial in phone: 929-436-2866
Meeting of March 12 - 5:30 P.M.
AGENDA
1. Member comments/concerns.
2. Review minutes from November 13, 2025 and January 8, 2026 COC meetings.
3. Review proposed 2026 Codes and Ordinances Committee Work Plan.
4. Begin review of Revised Draft Subdivision of Land regulations (existing regulations:
https://ecode360.com/8660770),Article I.
5. Other business:
• Next meeting date (April 9, 2026); future dates,times, and location.
• Rescheduling the May 14, 2026 meeting.
• Next meeting agenda.
Town of Ithaca Planning Department
March 6,2026
TOWN OF ITHACA
CODES AND ORDINANCES COMMITTEE (COC)
Meeting of November 13, 2025 —5:30 p.m.
Shirley A.Raffensperger Board Room,Town Hall
Draft Minutes
Members Present: Susie Gutenberger-Fitzpatrick, Acting Chair; Bill Arms; Chris Jung; Eva Hoffmann.
Absent/Excused: Rob Rosen; Margaret Johnson.
Staff Present: C.J. Randall, Director of Planning; Dana Magnuson, Senior Code Officer; Marty Moseley,
Director of Code Enforcement; Susan Brock,Attorney for the Town.
Guests: none
The meeting was recorded on Zoom and live streamed on the Town of Ithaca YouTube channel.
The Attorney for the Town read the Town's Video Conferencing Policy aloud and concurred that the remote
attendance and participation for the member on Zoom meets the criteria and counts towards the committee's
quorum.
1. Member comments/concerns.None.
2. Review minutes from September 11, 2025, COC meeting. A change by the Attorney for the Town
was read aloud for clarification. After a motion by Susie, seconded by Chris, the minutes approval was
paused to troubleshoot an audio issue on the Zoom meeting recording. Staff worked to help adjust the
audio settings so the COC member attending the meeting via Zoom was able to participate in the
meeting. The vote on the minutes was taken again. Another minor change was read aloud, and the
minutes were unanimously approved.
3. Review proposed amendment to existing Zoning definition of ORDINARY HIGH WATER
LEVEL (Town Code § 270-5). The high water mark of Cayuga Lake is 383.50 based on a NYS DEC
code classification. The town code currently defines the term as 384 feet. The COC last reviewed this
definition in 2008-2009. The amendment proposed is to remove the specific number of"384 feet" and
insert in its place "as identified in 6 CRR-NY 608.11."
On a motion by Bill, seconded by Chris, the COC unanimously approved recommending the above
modification to the Town Board.
4. Review proposed amendments to Planning Board Town Code § 270-237B &E: Posting of notices The
posting of notices currently is written in the Town Code to occur at least 14 days and not more than 30
days before the first meeting of the board. These are laminated orange signs provided by the Town that
the applicants post at a site under consideration for discretionary review prior to a public hearing. The
relevant sections of NYS Town Law (267-a, Zoning Board of Appeals procedure and 274-a, Site plan
review, respectively)require legal notice to be posted in the newspaper five days in advance of the
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meeting. Staff recommend modifying the Town of Ithaca code § 270-237B for the posting from 14 to 5
days to be consistent with the NYS requirements for legal notices. Town of Ithaca § 270-237E in the
same section goes into detail about the required signs and states that the Town Board"shall" set a fee
from time to time for these signs. The Town Board has not passed a resolution to set a fee previously so
the fee schedule for the town does not include a fee for signs. Staff has recommended to change the word
"shall"to "may"to reserve the right to set a fee if the need arises but not stipulate that the Town Board
must do so. It was also recommended to replace the reference for the Town Planner and Code Officer, to
the "Director of Planning" and"Director of Code Enforcement" (or his/their designee). The Town
Clerk reference can remain although not a typical action of that office.
On a motion by Bill, seconded by Eva, the COC unanimously approved recommending the above
modifications to the Town Board.
An additional proposed Zoning Code amendment was shown onscreen, Section 270-235: Zoning Board.
This was not previously provided in the packet, however staff recommends amending (J) from
"18"months to "36" along with minor clarification edits to cross reference the special approvals section
270-202. This section immediately precedes the section previously reviewed and recommended to the
Town Board a few months prior and will make the expiration of approvals in this section
Susan pointed out that the memo proposing amendments to the Posting of Notices 270-237 ME section
also included proposed amendments to Section 270-236: Planning Board. The staff recommends
removing letter G in its entirety as it is contradictory and is repetitive of language in 270-194 &270-202.
Committee members were comfortable with the additional amendments; however Bill noted the
complaint(s) from the public at public hearings that they do not receive enough notice.
On a motion by Susie, seconded by Chris, the COC unanimously approved recommending the above
modifications to the Town Board.
5. Other business:
Next meeting agenda: 2026 draft Work Plan and Subdivision regulations second draft-clean copy based on
COC and staff input.
The December meeting was cancelled and the next meeting, staying on the 2025 schedule, is January 81h,
2026.
The meeting adjourned at 6:18 p.m.
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TOWN OF ITHACA
CODES AND ORDINANCES COMMITTEE (COC)
Meeting of January 8, 2026—5:30 p.m.
Shirley A.Raffensperger Board Room,Town Hall
Draft Minutes
Members Present: Susie Gutenberger-Fitzpatrick, Acting Chair; Bill Arms; Eva Hoffinann.
Incoming members present: Vinny Ferrara and Diana Sinton.
Absent/Excused: Chris Jung, Rob Rosen, and Margaret Johnson.
Staff Present: C.J. Randall, Director of Planning; Susan Brock, Attorney for the Town; Dana
Magnuson, Senior Code Enforcement Officer(via Zoom).
Guests: none
The meeting was recorded on Zoom and live streamed on the Town of Ithaca YouTube channel.
Incoming COC appointee, Planning Board member Vinny Ferrara, introduced himself and gave a brief
history of his professional and personal background. Incoming Town Board member Diana Sinton also
introduced herself and both were welcomed by the committee. It was noted that a new representative
from the Zoning Board of Appeals may be considered for appointment as well.
A lack of quorum was brought up by Susan due to the official town board committee appointment
resolutions not being on the Town Board agenda until the following Monday. She advised formal
votes on the minutes and any other action items take place when an official quorum of the committee
is present.
Susie called the meeting to order at 5:36 p.m.
1. Member comments/concerns. No quorum as noted above.
2. Review minutes from November 13, 2025, COC meeting. Tabled.
3. Review proposed 2026 Codes and Ordinances Committee Work Plan. The proposed work
plan was distributed to committee members and included the subdivision regulations that are
in the process completion, amending/updating three existing zoning codes and developing
Institutional Zoning. The 2025 accessory zoning code amendment was listed as completed by
the committee; other recommendations have been made as well. The freshwater wetlands
regulations and potential historic landmarks preservation commission were listed as in
process of review by the Planning Committee.
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Susie noted that while she is Acting Chair of this committee, Chair Rob Rosen has reviewed the
proposed work plan and submitted suggestions.
Susan updated on the draft subdivision revisions that many meetings with herself and staff have
occurred over the past several months.A revised version will be sent to her in January for
review before it comes back to the COC for the review of the revised draft.
An overview was given about the longstanding history of the COC and Planning Committee
and how they work together to review land use, other town laws, and making recommendations
to the Town Board.
C.J. went into detail about each of the sections that have been identified as goals in the 2026
COC Work plan. These have been identified in conjunction/communication with the codes
department and other staff as well as items previously identified in the Town of Ithaca
Comprehensive Plan.
The committee was asked if they had any suggestions for the work plan. Eva recommended
the community vision statement, beginning section of the town's comprehensive plan, be
reviewed from time to time to ensure it reflects the current goals of the town. Eva also agreed
that the town should continue to work with and consider the neighboring municipalities
relative to water quality, deer management and other factors that cross boundary lines.All
agreed that the intermunicipal cooperation is crucial and the dedicated town staff were
thanked for continuing to be cognizant of issues around the town.
4. Other business: The COC noted that the town zoning maps, future land use and other maps are
helpful in the board room and asked if they could be replaced.
J
The February meeting was cancelled for time for the Attorney for the Town to review the revised
draft subdivision regulations. The next meeting is March 12th, 2026, where a clean copy of the
revised draft subdivision regulations will be presented. The time of the meetings has been
confirmed to stay as 5:30 p.m. and end by 7:00 p.m.
The meeting adjourned at 6:27 p.m.
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TOWN OF ITHACA
18 P1 NEW YORK
To: Codes and Ordinances Committee Members
From: Christine Balestra, Senior Planner
Date: March 5, 2026
RE: Proposed Revisions to Town of Ithaca Town Code Chapter 234: Subdivision of
Land
Please find attached a revised draft of Town Code Chapter 234: Subdivision of Land, for initial
discussion at the March 12, 2026, Codes and Ordinances Committee (COC) meeting. Returning
COC members will recall that Town staff introduced a significant update to the existing Chapter
234 in November 2023; the committee reviewed that initial draft during the eighteen months that
followed, providing input and suggesting modifications.
Town staff and the Attorney for the Town have worked diligently on those modifications since the
review of the initial draft regulations was completed in May 2025. The attached revised draft
Chapter 234: Subdivision of Land contains the requested modifications. It also advances prominent
goals and objectives of the Town Comprehensive Plan — notably Goals LU-1-A; LU-1-C; LU-1-E; MS-
3-A— and contains modernized language to comply with current local and state requirements.
SUBDIVISION REGULATION HISTORY
For the benefit of the new members on the COC, the Town of Ithaca adopted its first Subdivision
Regulations on March 24, 1956. The first amendment to the regulations happened in the early
1980's, in which the Town Board gave the Planning Board the authority to mandate clustered
subdivisions whenever the Planning Board believed that the application of such procedure would
benefit the town.The intent was to increase the use of clustering to promote open space
preservation in residential areas. This has been the biggest modification to the Subdivision
Regulations to date.
The Subdivision Regulations were further amended in the mid 1980's to revise the fee schedule
and establish language related to a three-stage review process. The regulations were amended
again in the 1990's to update checklists for submission requirements, and to modify provisions for
park land reservations.
There have been other minor changes to the regulations since the 1990's, but until now, there has
never been a comprehensive update of the regulations. The current Subdivision Regulations are
out of date in terms of compliance with the Town 2014 Comprehensive Plan goals and objectives,
New York State Building and Fire Code provisions, New York State stormwater regulations, and
other modern planning, engineering, and codes requirements. In addition, Town staff will provide
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the committee with suggested revisions to Town Code Chapter 270: Zoning that complement this
comprehensive update of the regulations.
ANTICIPATED REVIEW CYCLE
• Revised draft: Committee review—3/2026 through 6/2026
• Referral to Town Conservation Board,Town Planning Board, and County Planning &
Sustainability—7/2026 through 10/2026
• Complementary Zoning sections: Committee review—7/2026 through 9/2026
• Interactive Resource Analysis Map: Committee review— 10/2026
• Public engagement, to include a newsletter article and after-hours event at Town Hall—
10/2026
• Final draft: Committee review— 10/2026 and 11/2026
• Final Draft Local Law suitable for Town Board adoption; completed environmental review;
Public Hearing; updated checklists, application forms, and OpenGov processes— 12/2026
Please call me at (607) 273-1721 ext. 121 or email me at cbalestra@townithacany.gov if you have
any questions.
Att.
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Chapter 234. Subdivision of Land
1 Revised from 11-2023 version— for COC review beginning 311212026
2 Article I: Policy and Applicability
3 §234-1. Policy.
4 A. This Chapter is intended to implement the use of sound planning principles,as set forth in
5 the Town of Ithaca's Comprehensive Plan and Park, Recreation,and Open Space Plan,for
6 the orderly,efficient, coordinated,and economical development of the Town of Ithaca.
7 Preservation of the natural beauty and topography of lands within the Town of Ithaca is a
8 priority that can be achieved by fostering appropriate development that protects agricultural
9 land/practices and environmentally sensitive areas(e.g.,wetlands,floodplains,woodlands,
10 steep slopes,watercourses or bodies,viewsheds,areas of historic or archaeological
11 significance, unique natural areas and habitats,and other open space areas of importance
12 to the neighborhood or community).
13
14 B. This Chapter guides and promotes the community's physical,social,and aesthetic
15 development to preserve the character of the Town as a desirable place in which to live.
16 Proper provision is also made for stormwater management,water supply,sewerage,
17 transportation,and other associated improvements,and to otherwise promote the health,
18 safety,and welfare of the Town's inhabitants.
19 §234-2. Relationship to other regulations and actions. Commented[SB7]:Placeholder note:Susan Brock will
20 A. Other local regulations.Where any provision of this Chapter imposes restrictions that are add back a supersession provision once she
21 different from those imposed by any other local law or ordinance, regulation,or law,the determines all the ways this law varies from NY Town
22 provision that is more restrictive or imposes the higher standard shall control. Unless Law sections.For example,Town Law Section 279
p g might need to be superseded,because this law
23 specified herein, procedural and other requirements described in New York State(NYS) eliminates PB discretion as to whether to require a
24 Town Law§§265-a,276,277,278,279,and elsewhere in NYS laws shall apply to all cluster subdivision.
26 proposed subdivisions.
27 B. Design and construction of site improvements shall be in accordance with the relevant
28 standards and specifications described in the Town of Ithaca Site Design and Development
18 Criteria Manual,which is on file in the Town Engineering Department.
31 C. Nothing in this Chapter shall prohibit the subdivider from placing additional restrictions, not
33 in violation of this Chapter,on lots within the development.
34 D. A subdivider shall apply for subdivision approval in accordance with this Chapter before any
35 contract for the sale of any proposed lot is made in such subdivision.
36 §234-3.Applicability.
37 A. The provisions contained herein apply to all land within the Town of Ithaca,outside the
38 Village of Cayuga Heights.
39
40 B. All subdivisions within the Town of Ithaca must receive approval in compliance with this
41 Chapter before being recorded in the office of the Tompkins County Clerk.
42
43 C. This Chapter does not apply to property owned by the Town of Ithaca,or to the Town's
44 acquisition of property.
45
46 D. This Chapter does not apply to a subdivision or re-subdivision that creates no more than
47 two lots where one lot is donated to,or acquired by,the City of Ithaca,Tompkins County,
48 State or Federal government,or a qualified nonprofit conservation organization,for open
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Town of Ithaca,NY—Chapter 234:Subdivision of Land
REVISED for COC mail out 3-12-2026
Chapter 234. Subdivision of Land
49 space purposes(as defined in NYS General Municipal Law§247)or other parkland.
50 Notwithstanding the foregoing,the following two sentences shall apply to such subdivisions
51 and re-subdivisions:Said lots must conform to zoning requirements or have received the
52 requisite variances.The resultant map shall be signed by the Director of Planning and duly
53 recorded with the Tompkins County Clerk's office.
54
55 §234-4. (Reserved)
56 Article II: Terminology
57
58 §234-5. Internal references.
59 References herein to articles,sections,subsections,and paragraphs are to those parts of this
60 Chapter,unless context indicates otherwise.
61
62 §234-6.Word Usage.
63 For the purposes of this Chapter,certain terms and words shall be interpreted as follows:
64 A. Unless otherwise specifically defined herein or otherwise indicated,all words used in this
65 Chapter shall carry their customary meanings.
66 B.Words in the present tense include the future.
67 C.The singular includes the plural;and the plural includes the singular.
68 D.The word"shall"is mandatory.
69 E.The words"may"or"should"are permissive.
70 F.The word"lot"includes the word"parcel."
71
72 §234-7. Definitions.As used in this Chapter,the following terms shall have the meanings
73 indicated:
74
75 BLOCK-A parcel of land partially or entirely surrounded by streets,streams,railroad rights-of-way,
3� parks or a combination thereof,which has been subdivided into lots.
BUILDING LOT-See"lot."
81 COMPREHENSIVE PLAN-A plan prepared by the Town Board, pursuant to NYS Town Law§
82 272-a,which indicates the general locations recommended for various land uses and for the
§� general physical development of the Town.
85 CONSERVATION EASEMENT—A restriction on the use of land,created in accordance with the
86 provisions of Article 49,Title 3 of the Environmental Conservation Law,for the purposes stated in
87 that Article, including conservation of open space,agricultural land, and sensitive environmental
go resources,and conservation of natural,cultural, historic,or scenic resources.
90 DWELLING UNIT—A building,or portion of a building, providing complete living facilities for one
0 family.
93 EASEMENT—A grant by the property owner to the public,a corporation,an individual,or other
845 entity for the use or limitation of use of a strip or area of land for a specific purpose.
96 ENFORCEMENT OFFICIAL—The Director of Code Enforcement, Director of Planning,and/or
�g Town Engineer.
99 FINAL PLAT-The subdivision map prepared in accordance with this Chapter which is signed by
100 the Chair of the Planning Board and filed in the office of the County Clerk following final subdivision
183 approval.
103 FLAG LOT—A type of lot that is shaped like a flag on a pole,with a narrow"pole"connected to a
8¢� street extending into the larger"flag"part of the lot.
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Town of Ithaca,NY—Chapter 234:Subdivision of Land
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Chapter 234. Subdivision of Land
106 GROSS AREA-The amount of land in a subdivision before rights-of-way,parks,and permanent
1 8g open space are deducted.
109 IMPROVEMENTS-Physical changes that may include, but are not limited to,all utilities,streets,
110 sidewalks, landscaping and buffering, lighting, parkland and recreation equipment,and
113 monuments.
113 LOT—Any area of land bounded by property lines which is not divided into parts by a street or
114 railroad. Each part of any area so divided by a street or railroad is considered an individual lot for
119 zoning and subdivision purposes.
117 LOT AREA—The area of a lot,excluding any portion of a public street right-of-way that may be
110 included within the deed description of the lot.
120 LOT LINE—A property boundary of a lot,except where the property boundary is the center line or
1 z2 other portion of a street, in which event the lot line is the street right-of-way line.
123 LOT LINE ADJUSTMENT—Alteration of existing parcel boundaries between two or more existing and
124 adjoining lots where no additional parcels are created or deleted.This includes annexation of property
1 Z6 to existing parcels.Lot Line Adjustments are not subdivisions.
127 OFFICIAL MAP-The map established by the Town Board pursuant to§270 of the NYS Town
128 Law,showing streets, highways,and parks laid out,adopted,and established by law as well as
129 any amendments adopted by the Town Board or additions thereto resulting from approval of
IN subdivision plats by the Planning Board and the subsequent filing of these approved plats.
132 OPEN SPACE INDEX—An objective detailed list and description of the environmentally important
133 features found in all open areas in the Town based on their ecological, cultural,and historical
134 significance.The Open Space Inventory and Index are the official Town of Ithaca Open Space
jig Index pursuant to§239-y of the General Municipal Law.
Jig PLANNING BOARD-The Planning Board of the Town of Ithaca.
139 PLAT-The map,plan,drawing or chart on which a subdivider's plan of subdivision is presented to
140 the Planning Board for approval;the final plat, if approved and all conditions are met,will be
143 submitted to the County Clerk for recording.
143 RESOURCE ANALYSIS-The inventory and evaluation to identify resources to be protected from
144 development of a property, consisting of inventory maps, a written description of the land to be
145 subdivided,and an analysis of the conservation value of various site features(delineated by Class
146 1, Class 2,and Class 3,as described in§234-24.D).A Resource Analysis provides the basis for
147 the maximum density calculation in a cluster subdivision,in conjunction with the Site Capacity
10 Calculation worksheet(see definition below),and determines the locations for structures.
150 SEQR-New York State Environmental Quality Review Act(Article 8 of the NY Environmental
193 Conservation Law and its implementing regulations at 6 NYCRR Part 617).
153 SITE CAPACITY CALCULATION-A method of determining the maximum number of allowable
154 dwelling units the Planning Board may approve on any given site based on zoning requirements
199 and the Resource Analysis.
157 SITE CAPACITY CALCULATION WORKSHEET-A form approved by the Town Board for use in
158 calculating the development capacity of a site,completed and submitted by a subdivider in
190 connection with an application for a cluster subdivision.
161 SITE DESIGN AND DEVELOPMENT CRITERIA MANUAL-A manual of requirements and
162 minimum standards that shall be applied to proposed construction and/or areas that will involve
163 connections to existing municipal systems over which the Town has jurisdiction.Said manual,as
164 adopted by the Town Board,and as may be amended from time to time, may be obtained from the
Town Engineer.
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Town of Ithaca,NY—Chapter 234:Subdivision of Land
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Chapter 234. Subdivision of Land
167 SKETCH PLAN-A conceptual drawing that outlines general,rather than detailed,subdivision
168 intentions.A sketch plan depicts the basic parameters of a subdivision proposal,which serves as
169 the basis for informal discussion and review of the general intentions of the subdivider with the
139 Planning Board.
172 STREET-A New York State,Tompkins County or Town road or highway,a road or highway shown
173 on the Town's Official Map,a street shown on a final plat approved by the Planning Board and
174 recorded in the Tompkins County Clerk's Office,or a street shown on a plat duly filed and recorded
175 in the Tompkins County Clerk's Office prior to the authority granted to the Planning Board to
176 approve such plats.A street that meets the definition in the preceding sentence but is designated
177 as a highway,thruway,road,avenue, boulevard,lane,drive, place,circle or otherwise is
130 nonetheless a"street"under this Chapter.
180 SUBDIVIDER-Any person,developer,firm,partnership, association,corporation,estate,trust,or
181 another entity or combination acting as a unit, undertaking the dividing of land so as to constitute a
182 subdivision or lot line adjustment as defined herein.This definition includes any applicant or agent
I R of the subdivider.
185 SUBDIVISION-The division of any parcel of land into two or more lots, blocks,or sites,with or
186 without streets.Subdivision includes re-subdivision and,when appropriate to the context,shall
187 relate either to the process of subdividing or to the land subdivided.Subdivisions are classified as:
188 A. SUBDIVISION,CLUSTER-A subdivision in which the otherwise applicable dimensional
189 requirements in the Zoning Chapter of Town Code are modified to encourage flexibility of
190 design and development of land in such a manner that the layout,configuration,and design
191 of lots,structures,driveways,streets,parks,trails and landscaping are designed to
192 preserve important natural resources and scenic qualities of the site.A cluster subdivision
193 is authorized by NYS Town Law§278 and this Chapter.
194 B. SUBDIVISION,CONVENTIONAL-A subdivision that creates lots that meet all minimum lot
195 size and area dimensional requirements in the Zoning Chapter of Town Code.
196 C. SUBDIVISION, MAJOR-The division of any parcel of land into four(4)or more lots, any
197 subdivision proposed as a cluster development subdivision,or any subdivision(regardless
198 of the number of lots)involving any new street or the extension of public improvements.
199 D. SUBDIVISION, MINOR—The division of any parcel of land into up to three(3)lots fronting
0 on an existing street, not involving any new street or the extension of public improvements.
202 TOWN ENGINEER-The duly designated engineer of the Town of Ithaca or the engineering
203 consultant employed by the Town.
204
205 §234-8. (Reserved)
206
207 Article III: Classification &
208 Procedures Applicable to All Applications
209
210 §234-9. Subdivision/Lot Line Adjustment Categories.
211 The following categories are found in this Chapter. Review procedures and submission
213 requirements for each category are set forth in each referenced article.
A. Lot Line Adjustments—Administrative review,Article IV.
B. Minor Subdivisions—Planning Board review,Article V.
218 C. Major Subdivisions-Planning Board review(including design standards for cluster and
219 conventional subdivisions),Article VI.
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Town of Ithaca,NY—Chapter 234:Subdivision of Land
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Chapter 234. Subdivision of Land
220 §234-10. General Requirements for All Subdivisions and Lot Line Adjustments.All
221 applications shall be submitted for approval in compliance with the applicable standards and
222 procedures set forth herein.
223
224 A. Pre-application meeting.All subdividers are required to attend a pre-application meeting
225 with the Planning Department prior to submitting an application for any subdivision or lot
226 line adjustment.The pre-application meeting is an opportunity for the subdivider to present
227 and discuss conceptual plans with the Planning Department, prior to committing any
228 resources to the preparation of an application. No statement,comment,or other
229 communication made during this informal review shall be binding upon any party.Pre-
230 application meetings include review of:
231 1. Application requirements,checklists,and procedures;
232 2. Conceptual subdivision designs for major subdivisions;
234 3. Town plans and policies concerning development.
235 B. Each category and phase of review has a corresponding checklist of submission
236 requirements.Subdividers must submit documents and information for all review stages,
237 per the relevant checklist(s). Checklists are approved by Town Board resolution,which the
239 Town Board may revise from time to time.
240 C. Plats for all categories shall be prepared and stamped by a New York State registered and
241 licensed professional surveyor.
243 D. Where an approved subdivision has been later consolidated, in whole or in part,the portion
2444 so consolidated shall not be re-subdivided without undergoing the subdivision review and
246 approval process as if it were a new subdivision.
247 E. The time periods listed in this law or in NYS Town Law 276,within which the Planning
248 Board must take action on a preliminary plat or a final plat, may be extended by mutual
250 consent of the subdivider and the Planning Board.
251 F. The Planning Board may waive any of the application provisions of this Chapter when the
252 strict application of such provisions would cause unnecessary or significant hardship or
253 practical difficulties. In waiving such provisions,the Planning Board shall determine that the
254 waiver will not significantly affect the purpose of subdivision control as provided by this
255 Chapter;and that the waiver will not impair the policy enunciated or implied by the Town
0 Board in adopting this Chapter's provisions.
258 G. Any action or determination approving an application, in whole or in part,whether final or
259 preliminary,shall be revocable, in whole or in part, if the action or determination was made
260 in reliance on any misrepresentation,concealment,or other fraudulent act or statement by
261 the subdivider or was based on a mistake as to a material matter.
262
63 §234-11. Public Hearings and Postings.
64
265 A. Public Hearings are required for Minor and Major Subdivisions(for both Preliminary Plats
0 and Final Plats).
268 B. Public Hearings are not required for Lot Line Adjustments.
270 C. Notice of public hearings shall be published in the official newspaper of the Town of Ithaca.
271 The law governing the publication of public hearing notices and the holding of public
272 hearings on preliminary and final plats is set forth in NYS Town Law§276.Advertising or
273 publishing the notice, in accordance with the provisions of NYS Town Law§276,is the only
275 notice legally required.
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Town of Ithaca,NY—Chapter 234:Subdivision of Land
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Chapter 234. Subdivision of Land
276 D. In order to promote public information and participation in the subdivision approval
277 procedures, public notice shall be posted by the subdivider in accordance with,and shall be
278 governed by the provisions of,Town Code§270-237(A)through(F)posting of notices.
279 Any delay in the Planning Board's hearing of a matter due to a failure to post does not
280 affect timing requirements applicable to approval of Preliminary Plats and Final Plats. commented[SB2]:Need to research whether the
281 Town may extend the Town Law Section 276 deadlines
�82 §234-12. (Reserved) this way through supersession.
283
284 Article IV: Lot Line Adjustments
286 §234-13. Procedures.
287 Applications for Lot Line Adjustments shall be made to the Planning Department via the Town's
288 digital online application program and shall consist of documentation listed on the relevant
289 checklist[Chris B note-Provide link].A summary of lot line adjustment procedures includes:
HYA. Classification and general application requirements, pursuant to Article III above.
292 B. Criteria to determine if proposal is a lot line adjustment:
293 1. All lots are contiguous;
294 2. The result of the adjustment does not create new additional lots;
295 3. The result does not create any new nonconforming lots,or enlarge or increase the
296 nonconforming aspect of any legally existing nonconforming lot;
297 4. A property split off from a parcel will be transferred to the contiguous lot owner(if
298 different)and consolidated with the contiguous lot;
299 5. None of the lots require site plan or special permit approval by the Planning Board,or
300 variances or special approval by the Zoning Board of Appeals;
301 6. The adjustment is not part of a larger development plan;and does not result in the
302 piecemeal subdivision of a larger project;and
94 7. No more than five acres in the aggregate are proposed to be transferred.
305 C. The Director of Planning and the Director of Code Enforcement shall review applications for
306 lot line adjustments to ensure that the proposal:
307 1. Creates lots that conform to the Town Code,Chapter 270,Zoning;
308 2. Creates buildable lot conditions;and
310 3. Existing conservation and agricultural easements remain in effect.
311 D. The Director of Engineering shall review the proposal to ensure that relevant municipal
312 easements,stormwater facilities, and other public or private utilities and other infrastructure
314 remain accessible and operable.
315 E. The Director of Planning shall have 30 days from the date the application is deemed
316 complete to approve or deny an application for a Lot Line Adjustment. If the application is
317 approved,the Director of Planning shall stamp and sign the survey map.The subdivider
318 shall then file the survey map with the Tompkins County Clerk, along with the
319 corresponding deed effecting the Lot Line Adjustment, if property is being transferred.
320
321 §234-14(Reserved)
322 Article V: Minor Subdivisions
323 §234-15. Procedures.
324 Minor Subdivisions shall be considered for a single-stage review by the Planning Board.The
325 subdivider does not submit a preliminary plat,and the Planning Board considers only a final plat.A
326 summary of minor subdivision procedures includes:
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327 A. Classification and general application requirements, pursuant to Article II I above.
329 B. Process and submission requirements,which include all documentation and information
330 required for final plats as specified in§§234-19 and 234-20 of this Chapter and listed on
331 the relevant final plat checklist.[Chris e note:Provide link]A subdivider may voluntarily opt to
0 submit a sketch plan for a Minor Subdivision.
334 C. The submitted plat drawing shall be marked as final and shall include a note that no
335 preliminary subdivision review was required.
337 D. Planning Board must make findings and a decision, pursuant to§234-21 below.
338
339 §234-16. (Reserved)
340 Article VI: Major Subdivisions
341 §234-17. Procedures.
343 A summary of major subdivision procedures and requirements includes:
344 A. Classification and general application requirements, pursuant to Article III above.
346 B. Process and submission requirements,which consist of three main stages:the sketch plan
347 review,the preliminary subdivision review,and the final subdivision review.§234-18,§234-
348 19,and§234-20 describe items that should be included and considered with each particular
review stage.
C. Public hearing requirements,pursuant to§234-11.
354 D. Planning board findings and decision, pursuant to§234-21.
355 E. Subdivision Design Standards, pursuant to Article VII below.Cluster subdivision is the
356 preferred subdivision methodology in all cases of new subdivisions and re-subdivisions and
357 is required in the specific circumstances listed in§234-24.D. Cluster subdivision
358 procedures, including how to calculate the number of permitted dwelling units,can be found
359 on the relevant cluster subdivision checklist and the Site Capacity Calculation worksheet.
60 Conventional subdivision design standards are listed in§234-26.
61
362 §234-18. Sketch Plan Review.
363 A Sketch Plan shall be submitted for review by the Planning Board for any proposed Major
364 Subdivision.A sketch plan shall be clearly marked as such and include documentation listed on the
R99relevant sketch plan checklist.[Chris e note:Provide link]
367 A. It is the responsibility of the subdivider to provide a sketch plan that depicts a reasoned and
368 viable proposal for subdivision and subsequent development of the Iot(s).
370 B. Planning Board members may suggest modifications to but shall not approve or disapprove
371 a sketch plan.Comments made by individual Board members during a sketch plan review
372 shall not be interpreted as constituting approval or disapproval by the Board, nor shall they
373 be interpreted to limit the scope of any subsequent review or approval of a future plan.
374 §234-19. Preliminary Subdivision Review.
375 The procedure for preliminary subdivision review shall be as provided for in this Chapter and NYS
376 Town Law§§276 through 278,as they may from time to time be amended.All_necessary.......... commented[SB3]:May revise the first sentence to
Winformation shall be in full compliance with the provisions of Town Law and this Chapter. reference supersession
379 A.The subdivider shall submit to the Director of Planning or their designee all materials as
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specified by the Preliminary Subdivision checklist[Chris e note:Provide link].
382 B. In addition,the subdivider shall furnish such information,data,maps, reports or other
383 documents which the Town or the Planning Board may require for the environmental review
384 procedures, including all applicable requirements of the New York State Environmental
385 Quality Review Act(SEQR)and Chapter 148, Environmental Quality Review,of the Town of
386 Ithaca Code,as they may be amended from time to time,or any other applicable rule,
387 regulation,code,or law.An application for preliminary subdivision review shall not be
388 deemed complete until a negative declaration has been filed or until a notice of completion
389 of the draft environmental impact statement has been filed in accordance with the provisions
390 of SEQR.The time periods for reviewing a preliminary subdivision application shall begin
391 upon filing of such negative declaration or such notice of completion.
392 §234-20. Final Subdivision Review.
393 The procedure for final subdivision review shall be as provided for in this Chapter and Town Law
394 §§276 through 278,as they may from time to time be amended.All necessary information shall be
MRin full compliance with the provisions of Town Law and this Chapter.
397 A.The subdivider shall submit to the Director of Planning or their designee all materials as
NO specified by the Final Subdivision checklist.[Chris e note:Provide link]
400 B. In addition to following the procedures in Town Law§§276 through 278,the subdivider shall
401 also comply with the provisions of the following subsections:
402 1. (a)For all streets,sidewalks,open space, utilities,and other public improvements that
403 the subdivider proposes to be conveyed to the Town as public property,the
404 subdivider must make formal offers of dedication to the Town of such land,open
405 space and improvements, in a form acceptable to the Town Board.Approval of the
406 plat by the Planning Board shall not constitute acceptance by the Town Board of
407 any streets,sidewalks,open space,or other public improvements.The mere act of
408 offering dedication shall not create any presumption that the Town has accepted
410 the same.
411 (b)All such offers are nonrevocable(or, if the Town Board expressly authorizes or
412 declares them to be revocable,then irrevocable for 360 days after the filing of the
413 final plat with the County Clerk's Office),and each such street,sidewalk,open
414 space, utility,or other public improvement shown on the final subdivision plat shall
415 be deemed to be private until such time as each of the same has been formally
416 accepted by the Town.
417
418 (c)The subdivider shall,for all lots or areas marked for future use or dedication,
419 provide to the Town title documents and conveyances of title or rights-of-way or
420 easements,as applicable or required, in a form acceptable to the Town's attorney,
421 together with such tax searches,abstracts,resolutions,or other documents as
423 such attorney may reasonably require to verify good title.
424 2.The subdivider shall obtain and file with the Planning Board any required approval from
425 the Tompkins County Whole Health or successor agency,indicating satisfactory design
427 compliance with the realty subdivision provisions of the County Sanitary Code.
428 C. In a regulating plan area for traditional neighborhood development(TND),additional and
430 different requirements for final subdivision approval apply.(See§272-803.4.)
431 D.The final approved plat shall show approved locations for intensive development, approved
432 locations for less dense development, and any lands that will be protected by conservation
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433 easement,as determined by the Planning Board based on the-Resource Analysis required Commented[C134]:COC to discuss whether to include
434 by§234-24.D. other protection measures(deed restrictions,plat
435 notations,etc.)
436 §234-21. Planning Board findings and decision.
437 Planning Board decisions regarding subdivisions shall be accompanied by findings about whether
438 the following standards have been met,where applicable, in accordance with the policy statement
440 in Article I,§234-1 and the Resource Analysis in Article VII,§234-24.D:
441 A.The proposal complies with the Town's adopted Complete Streets Policy and Site Design
Iliandand Development Criteria Manual.
444 B.The proposal clearly and accurately shows buildable areas and describes any proposed
445 development.The arrangement, location, and width of streets and sizes of lots are
446 adequate,and particular attention has been given to their relation to the topography of the
119 land and the natural and cultural resources of adjoining lands.
449 C. Where site plan review is required by§270-184,or the subdivision creates more than
450 twenty five(25)lots,the exterior characteristics of proposed structures shall demonstrate
451 consistency with objective architectural design principles, including but not limited to:
452 balance,connection,contrast,emphasis,form,grouping,pattern, placement, proportion,
453 rhythm,scale, unity,and variety.
454 In making this finding,the Planning Board's review shall focus on:
455 1. Compatibility with surrounding context(including prevailing form,scale,massing,
456 and materials);
457 2. Visual cohesion among structures within the subdivision;and
458 3. Alignment with any adopted Town design guidelines or neighborhood regulating
459 plans.
460 This review does not prescribe a particular architectural style but shall ensure that structure
461 design avoids visual monotony,excessive bulk,or discordant forms that undermine the
463 Town's Comprehensive Plan goals.
464 D. The proposed lots and development have provided for sufficient space for on-site vehicular
465 and bicycle parking,for loading and unloading and similar activities,and for adequate
199 emergency access.
468 E.The proposal minimizes potential for flood damage to proposed improvements and adjoining
469 properties and complies with Chapter 157 of the Town of Ithaca Code, Flood Damage
471 Prevention.
472 F. Proper provision has been made for stormwater management, in compliance with current
473 NYSDEC requirements and Chapter 228 of the Town of Ithaca Code,Stormwater
475 Management and Erosion and Sediment Control.
476 G.The proposal provides for safe and sufficient water supply, proper sewage disposal,and
478 proper access to other available utilities such as electric and telephone.
479 H. For cluster subdivisions,and to the extent practicable,the subdivision has been designed
480 and maintained to ensure that the conservation assets identified on the site in the Resource
INAnalysis retain their qualities,and the subdivision has avoided fragmentation of such assets.
483 I. For conventional subdivisions,and to the extent practicable,the proposal preserves and
484 protects any sensitive environmental characteristics on the site, including wetlands,streams,
485 steep slopes,threatened or endangered plant or animal species,trees with diameter-at-
486 breast-height(DBH)of 10-12 inches or more for softwoods and 5-6 inches or more for
487 hardwoods,cultural and historic resources,scenic resources,and other such irreplaceable
488 assets. Provision has been made for maintaining existing known ecological corridors to
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188 mitigate any adverse environmental impacts and to sustain biodiversity.
491 J. Pursuant to NYS Town Law§277 and Article VII,§234-29(Reservation of park and
492 recreational lands),park areas of suitable location,size and character for playground and
493 other recreational or open space purposes have been shown on the subdivision plat,if
494 required by the Planning Board. Provision has been made for the adequate permanent
495 reservations of open space, pedestrian trails,viewing areas,and parks;and such areas
496 have been shown on the plat.
498 K.Subdivision proposals located within an Agricultural Zone have complied with the density
988 limitations and limitations on subdivisions listed in Chapter 270,Zoning,§270-35.
501 L. Subdivision proposals located within a Conservation Zone have complied with the density
502 limitations and limitations on subdivisions listed in Chapter 270,Zoning,§270-20.
503
504 §234-22. (Reserved)
505 Article VII: Subdivision Design Standards
506 §234-23.General procedures.
507 A. All major subdivisions shall be subject to design standards.Cluster subdivision are required
508 in all cases of new major subdivisions and re-subdivisions, unless:
509 1. The subdivision is located within the High Density Residential Zone,or
511 2. The Planning Board approves a conventional plat, pursuant to§234-24.C.
512 B. Cluster subdivisions are not required for minor subdivisions and are prohibited in the High
513 Density Residential Zone.Subdivision design standards for conventional subdivisions are
Rag listed in§234-26.
516 C. In a proposed or approved regulating plan area for Traditional Neighborhood Development
517 (TND),the New Neighborhood Code applies additional and different requirements for
518 thoroughfare and street types and patterns, parks and preserves, lot arrangement, and
519 other aspects of 1)neighborhood design,2)the public realm,and 3)subdivision review and
520 approval. (See§§272-301 through 272-310,272-403,272-702.3,272-802,and 272-803.
521
522 §234-24. Cluster subdivisions.
523 Clustering permits flexibility in the development of land and results in a concentration of occupancy
524 or use in a particular area of land and space,which encourages the preservation of available open
525 space and reduces the cost and maintenance of public improvements.Submission requirements
526 for cluster subdivisions are required per the cluster subdivision checklist,as adopted by Town
527 Board and amended from time to time,along with design steps,review steps,and calculation
529 procedures enumerated below:[Chris e note:Provide tints]
530 A. Purpose.The purpose of cluster subdivision regulation is to:
531 1. Achieve a balance between well-designed development and meaningful open space
532 conservation/natural resource protection;
533 2. Encourage conservation and development in the most appropriate locations on a
534 subdivided parcel,to limit the impact of development on sensitive and/or significant
535 natural,agricultural,scenic,cultural,and historic resources,and to encourage
536 development that enhances the Town's character, pattern and scale of settlement;
537 3. Allow for residential development on lots that are smaller than would otherwise be
538 permitted in the applicable zoning district in exchange for the protection of conservation
539 assets identified in the Town's Open Space Index;
540 4. Encourage the placement of lots and design of the transportation network in a manner
541 that results in the more efficient provision of infrastructure and delivery of public
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Town of Ithaca,NY—Chapter 234:Subdivision of Land
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Chapter 234. Subdivision of Land
543 services and that supports a walkable and socially cohesive residential community.
544 B. Cluster general design standards and procedures.
545 1. The minimum gross area for any cluster subdivision proposal shall be five acres;
546 2. A cluster development sketch concept plan shall be submitted, in addition to a
547 conventional concept plan,for any proposed cluster subdivision;
548 3. Proposals located within an Agricultural Zone must comply with the special density
549 limitations and limitations on subdivisions listed in Chapter 270,Zoning, §270-35.
550 Proposals located within a Conservation Zone must comply with the special cluster
551 provisions listed in Chapter 270,Zoning,§270-20;
552 4. A cluster subdivision must be designed and maintained to avoid fragmentation of
553 conservation assets and to maintain wildlife corridors that connect significant ecological
554 communities;
555 5. Existing vegetation shall be preserved during development to the fullest extent possible,
556 including prevention of the introduction of invasive species(see Resource Analysis
557 provisions below); movement or parking of vehicles and equipment in proposed
558 conservation areas is prohibited under the canopy/dripline of trees with 1 W-12"DBH for
559 softwoods and 5"-6"DBH for hardwoods.The Planning Board may require such trees to
560 be protected with temporary fencing at the driplines during construction;
561 6. The boundaries and alignment of existing surface water shall be preserved unless a
562 change complies with Town Code§270-219.5(stream setback). Land areas subject to
563 flooding that may be a danger to health, life or property,or exacerbate an existing flood
564 hazard,shall not be plotted for residential uses. Such land areas shall be noted as
565 "undevelopable"on the plat;
566 7. The Planning Board may entertain an application for the cluster subdivision of a portion
567 of a parcel if a Resource Analysis is provided for the entire parcel.The approval to
568 develop a portion of the parcel is not a basis for the subdivider or successor in interest
569 to subsequently request an exception under Subsection C(2)for the remainder of the
570 parcel.
571
572 C. Exceptions.
573 1. The Planning Board may allow, but shall not require,a cluster subdivision if the total
574 acreage of land to be subdivided is less than five acres in size.Cluster subdivisions are
575 not required for minor subdivisions on a parcel of any size.
576 2. The Planning Board may allow and may approve a conventional subdivision plat if the
577 Board determines that there is no reasonable basis for requiring a cluster subdivision.
578 For the Planning Board to make such a determination,the Planning Board must find the
579 following:
580 (a) The land contains no or limited resources with conservation value or that are listed
581 in the Town's Open Space Index;or
582 (b) The total acreage under consideration is too small to preserve a substantial
583 amount of land with conservation value(this criterion shall not be evaded by
584 piecemeal subdivision or lot line adjustment of larger tracts);or
585 (c) The subdivider has made a clear and compelling case that proves that a
586 conventional subdivision will better implement key Comprehensive Plan goals and
587 policies than a cluster subdivision(e.g., a conventional subdivision will better
589 preserve/protect environmentally,agriculturally,and visually sensitive areas).
590 D. Resource Analysis.
591 1. As part of its preliminary plat submission,a subdivider shall prepare a Resource
592 Analysis,consisting of inventory maps,a written description of the land, an analysis of
593 the conservation value of various site features,and an explanation of how the built
594 environment and natural features will be integrated through the design of the cluster
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Town of Ithaca,NY—Chapter 234:Subdivision of Land
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595 subdivision.
596 2. The Resource Analysis shall describe the current and potential conservation value of all
597 land on the site. In the course of its preliminary subdivision review,the Planning Board
598 shall apply the data in the Town of Ithaca Open Space Index and shall determine which
599 open space and conservation assets are present and should be considered for
600 preservation.
601 3. The outcome of the Resource Analysis and the Planning Board's determination shall be
602 incorporated into any approved preliminary plat.The preliminary plat shall show
603 preferred locations for intensive development,acceptable locations for less dense
604 development,and any lands that should be protected by a conservation easement.The
605 cluster subdivision must be designed to protect the conservation assets proposed to be
606 preserved from future disturbance due to incompatible development,changes in
607 ecological function or other impacts associated with development of the site.
608 4. The Planning Board shall make written findings identifying the specific conservation
609 values protected and the conservation findings supporting such protection.An
610 application that does not include a complete Resource Analysis sufficient for the
611 Planning Board to make its findings shall be considered incomplete.
612 5. The Resource Analysis must identify and delineate all"Class 1,""Class 2,"and"Class
911 3"assets,as described here:
615 (a) Class 1 assets:Constrained or unbuildable lands(see Figure 1).Constrained or
616 unbuildable lands are areas that are unsuited for development due to Federal,State
617 or Town regulations,deed restrictions,easements or other physical or legal
618 limitations to development.The area of these lands will not count in the
619 determination of the maximum number of lots.Class 1 assets include:
620 [1]Parcels located entirely within a Critical Environmental Area(CEA),as defined by
621 the NYS Department of Environmental Conservation(DEC);and areas within 100
622 feet of a CEA;
623 [2]Endangered and Threatened plant or animal wildlife communities last identified
624 on the site within the last 50 years,as identified by the NYS DEC's Natural
625 Resources database and EAF Mapper Program;or by a licensed
626 biologist/botanist;
627 [3]Wetlands that require a permit from the NYS DEC to comply with the Article 24
628 Freshwater Wetlands Act and 6 NYCRR Part 664;
629 [4]Areas of Special Flood Hazard,as depicted in the Town of Ithaca Flood
630 Insurance Rate Map(FIRM);
631 [5]Slopes of 40%or more,and Major Rock Gorges,as described in the Town Open
632 Space Index;
633 [6]Highly Erodible Soils,as identified by the USDA Natural Resources Conservation
634 Service or similar or other successor agency;
635 [7]Old-Growth Woods(over 100 years old),as described in the Town Open Space
636 Index;
637 [8]Land within any of the following:25 feet of the Ordinary High Water Level of
638 Cayuga Lake,as defined in Town Code§270-5; 100 feet of the center of any
639 stream classified as Class C or higher by the NYS DEC;or the minimum stream
640 setback widths per Town Code§270-219.5,regardless of drainage area;
641 [9]Land within an existing or proposed stormwater management facility,occupied by
642 existing or proposed public or private streets, public utility structures or
643 improvements,or within portions of easements/rights-of-way where development
644 is not allowed.
645
646
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Town of Ithaca,NY—Chapter 234:Subdivision of Land
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Chapter 234. Subdivision of Land
Class 1: Class 1: Class 1:
Steep Slopes Wetlands Old Growth Forest
} 4
Vacant Lot
State
Figure 1:Parcel shown in green,containing ✓ Parkland
"Class I"assets(steep slopes,wetlands,old
growth forest)
647
648 (b) Class 2: Priority conservation assets(see Figure 2).Class 2 assets are the following
649 identified in the Town Open Space Index,exclusive of any assets classified as Class 1:
650 [1]Land that includes rare or vulnerable ecological communities,as defined in the
651 DEC's New York Natural Heritage Program;
652 [2]Mature Woods"Greater Than Five Acres,"as described in the Open Space
653 Index;
654 [3]Agricultural land that was farmed within the past two years,and with soils defined
655 as Class I or Class II by the USDA Natural Resources Conservation Service or
656 similar or other successor agency;
657 [4] Riparian buffers,measured an additional 50 feet beyond the 100-foot stream
658 centerline measurement included in Class 1 lands,and regardless of drainage
659 area noted in Town Code§270-219.5;
660 [5]Slopes at least 15%and less than 40%.
661 [6] Historic or indigenous sites within or adjoining the site that are designated as
662 sensitive for archaeological sites on the New York State Historic Preservation
663 Office archaeological site inventory.
Class 2: Class 2:
Mature woods Riparian buffer
°
Vacant Lot
State
Parkland
Figure 2:Parcel shown in green,containing
"Class 2"assets(mature woods,riparian buffer)
664
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665
666
667 (c) Class 3: Secondary conservation assets(see Figure 3).Class 3 assets include the
668 following identified in the Town Open Space Index,exclusive of any assets classified as
669 Class 1 or Class 2:
670 [1]Land including or adjoining historic sites that are listed,or are eligible to be listed,
671 on the National and State Registers of Historic Places,or are included in the
672 Town Limited Historic Commercial Overlay District;
673 [2]Agricultural land that was farmed within the past two years;
674 [3]Land within a Tompkins County Unique Natural Area(UNA)and areas within 100
675 feet of a UNA;
676 [4]Land on the Tompkins County Scenic Resource Inventory lists of"Distinctive"
677 and"Noteworthy"views;or the Town of Ithaca Scenic Resources Inventory list of
678 "Scenic Views of Local Significance"and"Noteworthy Scenic Views';
679 [5]Recreational resources, publicly accessible open space,and lands that provide
680 connectivity to public land,as noted in the Town's Park, Recreation,and Open
681 Space Plan and Open Space Index, respectively;
682 [6]Areas within 100 feet of a New York State park,or within 50 feet of a Town park,
683 Finger Lakes Land Trust preserve,or Nature Conservancy preserve.
684
Class 3: Class 3:
Recreational Open Space Areas within 100 feet of a
New York State Park
State
!/ Parkh,
Figure 3:Parcel shown in green,containing"Class 3"
assets(agricultural land areas within 100ft of a NYS
Park,rec resource/publicly accessible open space)
704
705
706
707
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708
709 E.Calculation methodology to determine required open space and conservation assets in
710 cluster subdivisions, based on Resource Analysis(see Figure 4 below).
711 1. Minimum open space preservation requirement-At least 40%of the area of the parent
712 parcel must be preserved as open space.The preserved land must include:
713 (a)All Class 1 assets;
714 (b)At least 80%of all land that contains Class 2 assets;and
715 (c)At least 40%of the land that contains Class 3 assets;
716
717 2. Connections to adjoining land.The subdivision design must incorporate any connections
718 between conservation assets on and adjoining the site to maximize their functional value
719 as contiguous biological corridors or other types of land connections listed in the Open
720 Space Index.
721
Unbuildable
Lands(blue)
P.rki
Parkiane
Buildable Lands
(green&open space) �BCe o
nape—
PaWand
Parcel
V—V1L.1'Allif
722
723 Figure 4:Parcel with all preserved assets in purple. This consists of 100%Class 1 assets,80%Class 2
7722445 assets,and 40%Class 3 assets.Buildable areas are shown in green and labeled"Open Space."
726
727 F. Number of dwelling units permitted in cluster subdivision and calculation methodology
728 (applying Resource Analysis)using Site Capacity Calculation worksheet:A sketch plan of a
729 conventional subdivision in which all lots comply with minimum lot sizes permitted by Zoning
730 is required to demonstrate the number of dwelling units that can be accommodated on the
731 site.The number of units allowed in any clustered subdivision shall not exceed the number
732 determined by the Planning Board, pursuant to Town Law§278 and the results of the Site
734 Capacity Calculation worksheet.
735 G. Housing types,area and dimensional requirements, building heights in cluster subdivisions.
736 1. Notwithstanding the requirements of the zoning district,residential development as part
737 of a cluster subdivision may include single dwelling units,two-family dwelling units,
738 townhomes and apartment buildings with a maximum of up to six units per building.
739 2.Area and dimensional requirements:
740 (a) The Planning Board may waive requirements for minimum lot sizes and setbacks
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741 that would otherwise apply to residences in the zoning district.The Planning Board
742 may not waive maximum sizes for accessory dwelling units(ADUs);
743 (b)Appropriate lot sizes will be determined by the Planning Board after careful
744 consideration of all site characteristics and development requirements.Within areas
745 not served by public water and sanitary sewer service,minimum lot sizes shall be
746 determined with regard to specific site characteristics and public health and safety
747 concerns and requirements in consultation with Tompkins County Whole Health;
748 (c)The subdivider shall specify lot sizes,and other lot dimensions and building setbacks
749 to be incorporated into the final plat. Lot dimensions and building setbacks must be
750 based on careful consideration of all site characteristics and development
751 requirements;
752 (d)Setbacks between any residences and parcels adjoining the cluster subdivision must
753 be at least the minimum setback required in the zoning district for single-family
754 residences.
756 (e)Maximum height limits in the zoning district shall apply.
757 H. Flag lots. Flag lots are permitted in limited applications in subdivisions to avoid extending
758 streets further than necessary.The following standards shall apply:
759 1. No more than two contiguous flag lots shall be created.Whenever practicable, adjoining
760 flag lots should be platted in a manner that encourages shared driveway access points
761 along streets shown on the Official Town Map.
762 2. Flag lots shall comprise no more than 10 percent of all lots in the subdivision.
763 3. The access strip of a flag lot shall be owned by the owner of the main portion of the flag
764 lot and shall extend to an existing street shown on the Town's Official Map.The access
765 strip shall serve as the primary access for the lot.
766 4. The access strip shall have a minimum width of 20 feet.The width shall be increased as
767 necessary to contain all grading for the driveway within the access strip.
768 5. The access strip shall have a maximum length of 200 feet.
769 6. The minimum lot area of the flag lot shall be calculated exclusive of the access strip.
770 7. In areas where agriculture is the predominant land use,flag lots should be located on
771 the least productive agricultural lands and be configured to minimize interference with
772 the agricultural use of the remaining lands.
773
774 §234-25. (Reserved)
775
776 §234-26. Conventional subdivision design standards and procedures.
777 Submission requirements for conventional subdivisions are required per the Preliminary and Final
778 Subdivision checklists,along with the review steps and procedures enumerated below.
779 Conventional subdivisions do not require a Resource Analysis or a conservation easement.Rather,
780 the area,width,depth,and orientation of lots shall be appropriate for the location of the subdivision
Wand for the type of development permitted by Chapter 270,Zoning.
783 A. Minimum lot areas and dimensions shall be as established in Chapter 270,Zoning,and
785 Chapter 271,Zoning:Special Land Use Districts.
786 B. Where any lot is proposed to be served by an individual sewage disposal system,the
787 minimum dimensions of each lot shall be determined by Tompkins County Whole Health,
788 except that no such lot shall have an area of less than 30,000 square feet.The Health
789 Department may require the subdivider to provide acceptable percolation tests or impose
�91 other requirements for lots to be served by individual sewage disposal systems.
792 C. Buildable areas must be indicated on the preliminary and final plats. Buildable areas must
793 conform to setback requirements in the underlying zoning district,and all subdivisions must
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794 conform to the stream setback requirements in Chapter 270,Zoning,and to the buffer zone
795 requirements above.
797 D. The lengths,widths,and shapes of blocks shall be determined with due regard to the
798 provision of building sites suitable to the special needs of the type of uses contemplated,
799 need for convenient access,circulation,control and safety of street traffic,solar access and
800 the limitations and opportunities of topography. Residential blocks shall not be more than
801 1,200 feet in length,except as the Planning Board determines necessary to secure efficient
802 use of land or to achieve desired features of the transportation system;measurement of
803 block length shall be between property lines. Blocks shall comply with the Town's Complete
989 Streets Policy and Site Design and Development Criteria Manual.
806 E. In a proposed or approved regulating plan area for traditional neighborhood development
807 (TND), New Neighborhood Code requirements for thoroughfare and block pattern and lot
808 siting apply. (See§§272-306 and 272-403.23.)
809
810 §234-27. (Reserved)
811 §234-28. Reservation of land for public utilities.
812 A. Whenever a subdivider proposes easements or land that includes all or part of the proposed
813 site for a public utility,the Planning Board shall submit the proposed plat to the public body
814 responsible for acquiring the land for the site before approving the preliminary plat of the
919 subdivision.
817 B. No proposed dedication by the subdivider for a Town of Ithaca easement or street or other
818 public use shall be shown on a final plat unless the Town Board authorizes acceptance of
820 the concept and location such dedication prior to final subdivision approval.
821 C. In a proposed or approved regulating plan area for traditional neighborhood development
822 (TND),additional and different requirements for land reservation and dedication for public
824 facilities, utilities,infrastructure,and easements apply. (See§§272-306 through 272-309.)
825 D. If access to a subdivision is only across land in another municipality,the Planning Board
826 may request assurance from the adjoining municipality's attorney and Highway
027 Superintendent(or equivalent title)that the access streetroad is suitably improved or that a
828 performance guarantee or security has been duly executed and is sufficient security to
829 ensure access has been constructed.
830
832 §234-29. Reservations of parks and recreational lands.
833 A. If the Planning Board requires a reservation of parkland,such reservation shall be of suitable
834 size,dimension,topography,and general character and shall have adequate street access
835 for the particular purposes envisioned by the Planning Board.
836 1. The Board may require that the parkland be located at a suitable place on the edge of
837 the subdivision so that additional land may be added at such time as the adjacent land is
838 subdivided.
839 2. The subdivider must offer dedication of all such parkland to the Town where the
840 Planning Board has determined that parkland must be owned by the Town.
841 3. Reservation of parkland on subdivision plats containing dwelling units shall be in
842 accordance with NYS Town Law§277(4).The amount of land to be so reserved for a
843 conventional subdivision shall be determined by the Planning Board on a case by case
844 basis. Parkland reservations for cluster subdivisions shall follow the procedures listed in
845 §234-24.E.1(b).The area shall be shown and marked on the final plat"Reserved for
846 Park Purposes."
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847 Chapter 234. Subdivision of Land
848 B. Pursuant to NYS Town Law§277,the Planning Board may require payment in lieu of
849 parkland.The Town Board has established a formula for such payments in Town Code
IF §153-3,which may be amended from time to time.
852 C. The provisions of this section are minimum standards. None of the subsections above shall
853 be construed as prohibiting a subdivider from reserving other land for recreation purposes in
ONaddition to the requirements of this section.
856 D. In a proposed or approved regulating plan area for traditional neighborhood development
857 (TND), New Neighborhood Code requirements for park and preserve land area,types,
858 location, configuration,connectivity,access, programming,and ownership apply.(See§
859 272-308.)Payment in lieu of land reservation does not apply for traditional neighborhood
860 development and is not a substitute for providing and improving parks and preserves.
861
862 §234-30. (Reserved)
863 Article Vill. Infrastructure
864
�66 §234-31.Transportation Network.
867 A. Design and construction of a street(s)as defined herein and related improvements shall be
868 in accordance with the standards and specifications described in the Town of Ithaca Site
869 Design and Development Criteria Manual,copies of which are available in the office of the
870 Town Engineer.The subdivider shall improve or agree to improve all streets and other ways
871 to provide drainage improvements,all in such manner as is necessary for the general use of
872 lot owners in the subdivision and to meet local traffic and drainage needs, including the
873 needs of pedestrian and bicycle traffic as may be required by the Town of Ithaca Complete
874 Streets Policy.Streets shall be graded,surfaced,and improved to the grades and
875 dimensions shown on plats, profiles,and cross-sections submitted by the subdivider and
877 approved by the Planning Board,Town Engineer,and Town Highway Superintendent.
878 B. Street names shall be shown;they shall provide for continuation of the names of existing
879 streets wherever appropriate;they shall not duplicate the names of streets elsewhere in
NY Tompkins County.
882 C. In a proposed or approved regulating plan area for traditional neighborhood development
883 (TND), New Neighborhood Code requirements for arrangement of streets,street types and
999 elements, provision of alleys,and geometry apply.(See§§272-306 and 272-307.)
886 D. Whenever a subdivider proposes to dedicate a street or transportation network to the town,
887 the Town Board shall determine whether to authorize acceptance of the concept and
888 location such dedication prior to the Planning Board's consideration of final subdivision
988 approval.
891 E. Prior to the Town Board's consideration of final acceptance of streets or utilities,the Highway
892 Superintendent and Town Engineer shall determine whether all public utilities,streets,and
893 required improvements have been completed in accordance with the approved plans and
894 specifications and applicable requirements and regulations.
895
896 §234-32.IPhased developments. Commented[CBS]:COC to discuss whether to allow
097 In a regulating plan area for traditional neighborhood development(TND),New Neighborhood phased developments.
898 Code requirements for a subdivision phasing plan may apply.(See§272-703.3.3.)
899 §234-33. Storm and surface drainage.
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900 All land development shall be related to the surrounding drainage pattern,with provisions made for
901 proper storm drainage facilities.All drainage improvements must be acceptable to the Town's
902 Stormwater Management Officer and shall comply with the provisions of Town Code Chapter 228:
903 Stormwater Management.
�85 §234-34. Underground wires and cables.
906 A. Wires and cables providing local utility and similar services(including but not limited to
907 electric,internet,telephone,cable television,and streetlighting)in subdivisions shall be
908 placed underground,except as called for in Town Code§270-219, Personal Wireless
910 Service Facilities.
911 B. In a regulating plan area for traditional neighborhood development(TND), New
912 Neighborhood Code requirements for underground utilities apply.(See§272-309.2.1.)
913 §234-35. (Reserved)
914 Article IX. Permitting & Enforcement
915
916 §234-36. Building permits.
917 (Need to cross reference highlighted language into Cp 125)No building permit for any permanent
918 building within the subdivision or lot to be sold or developed shall be authorized until after the
919 subdivision plat has received final approval by the Planning Board,and the plat has been filed in
920 the office of the Tompkins County Clerk.All projects involving the construction of buildings shall
921 also comply with the provisions of Town Code,Chapter 125, Building Construction and Fire
922 Prevention.
923 §234-37. Enforcement,Appeals, and Waivers.
924 The Director of Code Enforcement,in consultation with the Director of Planning and Town
925 Engineer,shall enforce this Chapter.Any person aggrieved by any decision of any officer of the
926 Town charged with the enforcement of this Chapter may take an appeal to the Zoning Board of
927 Appeals pursuant to NYS Town Law§267-a.The Zoning Board of Appeals shall follow the
928 procedures in NYS Town Law§267-a.
929 §234-38. Penalties for offenses.
930 The Director of Code Enforcement,the Director of Planning,or Town Engineer,shall enforce this
932 Chapter.The term"Enforcement Official"refers to any or all of them.
933 A. Order to remedy.
934 1. If the Enforcement Official that there has been a violation of this Chapter,then the
935 Enforcement Official is authorized to issue an order to remedy;
936 2. An order to remedy shall be in writing; identify the property at issue;specify the
937 condition or activity that violates this Chapter;specify the provisions of this Chapter
938 which are violated by the specified condition or activity;and include a statement that the
939 violations must be corrected within 30 days after the date of the order to remedy(or, if
940 the violations are not reasonably capable of cure within 30 days,shall include a
941 statement that the owner,operator,or occupant must commence to cure such violations
942 within such thirty-day period and thereafter diligently and with continuity prosecute such
943 cure to completion in a period not to exceed 90 days after the Town's notice).The order
944 may direct the person served with the order to begin to remedy the violation(s)
945 immediately or within some other stated period of time that can be less than 30 days
946 after the date of the order;direct that compliance be achieved within the specified
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947 period of time;and shall state that an action or proceeding to compel compliance and/or
948 seek penalties,fines and/or imprisonment may be instituted if compliance is not
949 achieved within the specified period of time;
950 3. The order to remedy,or a copy thereof, may be served by personal service on the
951 owner,operator or occupant,by mailing by registered or certified mail sent to the
952 address set forth in the application for any permit or approval submitted to the Town or
953 to the property address,or by posting a copy thereof on the premises that are the
954 subject of the order to remedy and mailing a copy,enclosed in a prepaid wrapper,
955 addressed to the last known address of the owner as set forth in the Town of Ithaca
956 records,or if none, in the most recent tax roll available to the Town of Ithaca.The
957 Enforcement Official shall be permitted, but not required,to cause the order to remedy,
958 or a copy thereof,to be served on any tenant, lessee, or any other person or entity
959 taking part or assisting in actions regarding any structures or uses at the affected
960 property.Such service shall be made personally or by registered mail or certified mail;
961 provided, however,that failure to serve any person or entity mentioned in the preceding
963 sentence shall not affect the efficacy of the order to remedy.
964 B. Fines and imprisonment. Pursuant to NYS Town Law§268,any individual,association,
965 organization, partnership,firm,corporation or other entity recognized by law that violates
966 any provision of this Chapter,any term or condition of a plat or of any approval issued
967 pursuant to this Chapter,or any term or condition of any order to remedy or other order or
968 notice issued by the Enforcement Official pursuant to any provision of this Chapter,shall be
969 deemed guilty of an offense,and upon conviction thereof shall be subject to a fine or
970 imprisonment(or both)as provided in§268. Each week's continued violation shall
972 constitute a separate offense.
973 C. Civil penalties. In addition to any other remedies,any individual, association,organization,
974 partnership,firm,corporation or other entity recognized by law that violates any provision of
975 this Chapter,any term or condition of any plat or of any approval issued pursuant to this
976 Chapter,or any term or condition of any order to remedy or other order or notice issued by
977 the Enforcement Official pursuant to any provision of this Chapter,shall be liable for a civil
978 penalty of not more than$1,000 for each day or part thereof during which such violation
979 continues.The civil penalties provided by this subsection shall be recoverable in an action
Hyinstituted in the name of the Town of Ithaca;
982 D. Injunctions and court orders.An action or proceeding in the name of the Town of Ithaca
983 may be commenced in any court of competent jurisdiction to prevent, restrain,enjoin,
984 correct,or abate any violation of,or to enforce,any provision of this Chapter,any term or
985 condition of any plat or of any approval issued pursuant to this Chapter,or any term or
986 condition of any order to remedy or other order or notice issued by the Enforcement Official
987 pursuant to any provision of this Chapter.Such remedy shall be in addition to fines,
988 penalties, imprisonment,and other remedies otherwise prescribed by law(including by this
990 Chapter or by NYS Town Law).
991 E. Remedies not exclusive. No remedy,fine or penalty specified in this section shall be the
992 exclusive remedy,fine or penalty available to address any violation described in this
993 Chapter,and each remedy,fine or penalty specified in this section shall be in addition to,
994 and not in substitution for or limitation of,the other remedies,fines or penalties specified in
995 this section,or in any other section of this Chapter or other applicable law.Any remedy,fine
996 or penalty specified in this section may be pursued at any time,whether prior to,
997 simultaneously with,or after the pursuit of any other remedy,fine or penalty specified in this
998 section,in any other section of this Chapter,or in any other applicable law.
999
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1000 §234-39. (Reserved)
1001 Article X. Expiration of Subdivision Approval
1002
1003 §234-40. Conditions; procedures.
1004 A. Subdivision approvals shall expire in accordance with the provisions of NYS Town Law§§
1889 276(7)(c)and 276(11).
1007 B. In addition to expiration pursuant to subsection A above,subdivision approvals(both final
1008 and preliminary)shall expire and the permissible construction on the property shall revert to
1009 that which would otherwise be in effect in the absence of such subdivision approval, unless
1010 within 36 months from the date of the filing of the approved final subdivision plat:
1011 1.Work has materially commenced in accordance with the finally approved subdivision
1012 plat;or
1013 2.One or more lots have been transferred from the subdivider and the deeds for same
1819 duly recorded in the Tompkins County Clerk's Office.
1016 C. For the purposes of Subsection B in this section:
1017 1.Work will not have"materially commenced"unless,at a minimum:
1018 (a)A building permit,if required, has been obtained for at least one structure in the
1019 subdivision;
1020 (b)Construction equipment and tools consistent with the size of the proposed work
1021 have been brought to and been used on the site;and
1022 (c)Significant construction of streets or utilities,or significant framing,erection,or
1023 construction of a material structure,has been started and is being diligently
1024 pursued.
1025 2.A lot will not have been"transferred"unless conveyed by a deed,duly executed and
1026 recorded in the Tompkins County Clerk's Office,to:
1027 (a)A person unrelated to the subdivider in a bona fide transaction for value;or
1028 (b)A person related to the subdivider or for less than reasonable value in accordance
1029 with circumstances related to the Planning Board as part of the subdivision
1030 approval(e.g.,a subdivision where the intention is to convey a lot to a relative or to
10 convey a lot to an adjacent landowner for less than full value).
1033 D. In addition to the foregoing,subdivision approval for a subdivision requiring construction of
1034 streets,drainage courses,water or sewer lines,or other such facilities,shall terminate as to
1035 any un-transferred lots in the event that such facilities are not substantially completed within
10 36 months of the date of the filing of the approved subdivision plat.
1038 E.The Planning Board,upon request of the subdivider,and after a public hearing,may extend
1039 the time limits for such additional periods and upon such conditions as the Planning Board
1040 may reasonably determine.An application for such extension may be made at the time of
1041 filing of the original application or at any time thereafter up to, but no later than,six months
1042 prior to the expiration of the time limits set forth above:
1043 1. The Planning Board shall grant the request for such extension if the Board finds:
1044 (a)The imposition of the time limits set forth above in Subsections B and D would
1045 create significant hardship on the subdivider;and
1046 (b)There has not been a significant change in zoning, subdivision,engineering,
1047 environmental,or other relevant review requirements or standards since the initial
1048 approval or any subsequently granted extensions.
1049 2. For the purposes of this section,a"significant hardship"includes, but is not limited to:
1050 (a)A significant economic loss that the subdivider would suffer if an extension were not
1051 granted;or
1052 (b)The subdivider's inability to timely proceed because of:
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1053 [1]A generally adverse economic climate;or
1054 [2]The subdivider's own economic circumstances have changed detrimentally;or
1899 [3]An adverse event or events in the subdivider's personal affairs.
1057 F. In the event of any termination of subdivision approval pursuant to these provisions,the
1058 Planning Board or Director of Planning shall cause a notice of such termination to be
1059 delivered personally to the subdivider,or forwarded by certified mail, return receipt
1060 requested,to the subdivider at the last address for the subdivider on file at the Town of
1061 Ithaca Planning Department and shall cause a copy of such notice,together with an
1062 affidavit of service(personally or by mail)to be recorded in the Tompkins County Clerk's
1891 Office in Miscellaneous Records or other appropriate location.
1065 G. Nothing in this section is intended to alter the effect of Town Law§265-a on lots in a
1066 subdivision when zoning is changed to increase lot sizes or other requirements thereby
1899 rendering an existing subdivision's lots nonconforming.
1069 H. In a regulating plan area for traditional neighborhood development(TND), New
1070 Neighborhood Code rules for expiration of subdivision approval apply. (Preliminary plat:§
1071 272-703.4.1;final plat:§272-703.4.2.)
1072
1073 §234-41. (Reserved)
1074
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