HomeMy WebLinkAboutCOC Packet 2026-04-09 PLANNING DEPARTMENT
215 N. Tioga St 14850
607.273.1747
www.town.ithaca.ny.us
4/3/2026
TO: Codes and Ordinances Committee:
Susie Gutenberger-Fitzpatrick, Chair
Vinny Ferrara
Eva Hoffmann
Dave McCune
Diana Sinton
Connor Terry
FROM: C.J. Randall, Director of Planning
RE: Next Codes and Ordinances Committee Meeting – April 9, 2026
The next meeting of the Codes and Ordinances Committee is scheduled for Thursday, April 9,
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 March 12, 2026, COC meeting.
2. Proposed 2026 Codes and Ordinances Committee Work Plan.
3. Memorandum (3/5/2026) relative to Chapter 234: Subdivision of Land regulations.
4. 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.ny.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 April 9, 2026, at 5:30pm.
Members of the public may join the meeting via Zoom:
• Join Zoom meeting: https://us06web.zoom.us/j/87531393743
• Zoom meeting ID: 875 3139 3743
• Dial in phone: 929-436-2866
Meeting of April 9 – 5:30 P.M.
AGENDA
1.
2.
3.
4.
5.
Town of Ithaca Planning Department
April 3, 2026
Member comments/concerns.
Review minutes from March 12, 2026 COC meeting.
Review proposed 2026 Codes and Ordinances Committee Work Plan.
Begin review of Revised Draft Subdivision of Land regulations (existing regulations:
https://ecode360.com/8660770), Article VI.
Other business:
•Future meeting dates, times, and location.
•Rescheduling the May 14, 2026 meeting.
•Next meeting agenda.
1
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
2
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.
Chapter 234. Subdivision of Land
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Town of Ithaca, NY – Chapter 234: Subdivision of Land REVISED for COC mail out 3-12-2026
Revised from 11-2023 version – for COC review beginning 3/12/2026 1
Article I: Policy and Applicability 2
§ 234-1. Policy. 3
A. This Chapter is intended to implement the use of sound planning principles, as set forth in 4
the Town of Ithaca’s Comprehensive Plan and Park, Recreation, and Open Space Plan, for 5
the orderly, efficient, coordinated, and economical development of the Town of Ithaca. 6
Preservation of the natural beauty and topography of lands within the Town of Ithaca is a 7
priority that can be achieved by fostering appropriate development that protects agricultural 8
land/practices and environmentally sensitive areas (e.g., wetlands, floodplains, woodlands, 9
steep slopes, watercourses or bodies, viewsheds, areas of historic or archaeological 10
significance, unique natural areas and habitats, and other open space areas of importance 11
to the neighborhood or community). 12
13
B. This Chapter guides and promotes the community's physical, social, and aesthetic 14
development to preserve the character of the Town as a desirable place in which to live. 15
Proper provision is also made for stormwater management, water supply, sewerage, 16
transportation, and other associated improvements, and to otherwise promote the health, 17
safety, and welfare of the Town's inhabitants. 18
§ 234-2. Relationship to other regulations and actions. 19
A. Other local regulations. Where any provision of this Chapter imposes restrictions that are 20
different from those imposed by any other local law or ordinance, regulation, or law, the 21
provision that is more restrictive or imposes the higher standard shall control. Unless 22
specified herein, procedural and other requirements described in New York State (NYS) 23
Town Law §§ 265-a, 276, 277, 278, 279, and elsewhere in NYS laws shall apply to all 24
proposed subdivisions. 25 26
B. Design and construction of site improvements shall be in accordance with the relevant 27
standards and specifications described in the Town of Ithaca Site Design and Development 28
Criteria Manual, which is on file in the Town Engineering Department. 29
30 C. Nothing in this Chapter shall prohibit the subdivider from placing additional restrictions, not 31
in violation of this Chapter, on lots within the development. 32
33 D. A subdivider shall apply for subdivision approval in accordance with this Chapter before any 34
contract for the sale of any proposed lot is made in such subdivision. 35
§ 234-3. Applicability. 36
A. The provisions contained herein apply to all land within the Town of Ithaca, outside the 37
Village of Cayuga Heights. 38
39
B. All subdivisions within the Town of Ithaca must receive approval in compliance with this 40
Chapter before being recorded in the office of the Tompkins County Clerk. 41 42
C. This Chapter does not apply to property owned by the Town of Ithaca, or to the Town’s 43
acquisition of property. 44
45
D. This Chapter does not apply to a subdivision or re-subdivision that creates no more than 46
two lots where one lot is donated to, or acquired by, the City of Ithaca, Tompkins County, 47
State or Federal government, or a qualified nonprofit conservation organization, for open 48
Commented [SB1]: Placeholder note: Susan Brock will add back a supersession provision once she
determines all the ways this law varies from NY Town
Law sections. For example, Town Law Section 279 might need to be superseded, because this law
eliminates PB discretion as to whether to require a
cluster subdivision.
Chapter 234. Subdivision of Land
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Town of Ithaca, NY – Chapter 234: Subdivision of Land REVISED for COC mail out 3-12-2026
space purposes (as defined in NYS General Municipal Law § 247) or other parkland. 49
Notwithstanding the foregoing, the following two sentences shall apply to such subdivisions 50
and re-subdivisions: Said lots must conform to zoning requirements or have received the 51 requisite variances. The resultant map shall be signed by the Director of Planning and duly 52
recorded with the Tompkins County Clerk’s office. 53
54
§ 234-4. (Reserved) 55
Article II: Terminology 56
57
§ 234-5. Internal references. 58
References herein to articles, sections, subsections, and paragraphs are to those parts of this 59
Chapter, unless context indicates otherwise. 60
61
§ 234-6. Word Usage. 62
For the purposes of this Chapter, certain terms and words shall be interpreted as follows: 63
A. Unless otherwise specifically defined herein or otherwise indicated, all words used in this 64
Chapter shall carry their customary meanings. 65
B. Words in the present tense include the future. 66
C. The singular includes the plural; and the plural includes the singular. 67
D. The word "shall" is mandatory. 68
E. The words "may" or "should" are permissive. 69 F. The word “lot” includes the word “parcel.” 70
71
§ 234-7. Definitions. As used in this Chapter, the following terms shall have the meanings 72
indicated: 73
74
BLOCK - A parcel of land partially or entirely surrounded by streets, streams, railroad rights-of-way, 75
parks or a combination thereof, which has been subdivided into lots. 76
77 BUILDING LOT - See "lot." 78
79 80 COMPREHENSIVE PLAN - A plan prepared by the Town Board, pursuant to NYS Town Law § 81
272-a, which indicates the general locations recommended for various land uses and for the 82
general physical development of the Town. 83
84 CONSERVATION EASEMENT – A restriction on the use of land, created in accordance with the 85
provisions of Article 49, Title 3 of the Environmental Conservation Law, for the purposes stated in 86
that Article, including conservation of open space, agricultural land, and sensitive environmental 87 resources, and conservation of natural, cultural, historic, or scenic resources. 88
89 DWELLING UNIT – A building, or portion of a building, providing complete living facilities for one 90
family. 91
92 EASEMENT – A grant by the property owner to the public, a corporation, an individual, or other 93
entity for the use or limitation of use of a strip or area of land for a specific purpose. 94
95 ENFORCEMENT OFFICIAL – The Director of Code Enforcement, Director of Planning, and/or 96
Town Engineer. 97
98 FINAL PLAT - The subdivision map prepared in accordance with this Chapter which is signed by 99
the Chair of the Planning Board and filed in the office of the County Clerk following final subdivision 100 approval. 101
102 FLAG LOT – A type of lot that is shaped like a flag on a pole, with a narrow “pole” connected to a 103
street extending into the larger “flag” part of the lot. 104
105
Chapter 234. Subdivision of Land
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Town of Ithaca, NY – Chapter 234: Subdivision of Land REVISED for COC mail out 3-12-2026
GROSS AREA - The amount of land in a subdivision before rights-of-way, parks, and permanent 106
open space are deducted. 107
108 IMPROVEMENTS - Physical changes that may include, but are not limited to, all utilities, streets, 109
sidewalks, landscaping and buffering, lighting, parkland and recreation equipment, and 110
monuments. 111
112 LOT – Any area of land bounded by property lines which is not divided into parts by a street or 113
railroad. Each part of any area so divided by a street or railroad is considered an individual lot for 114
zoning and subdivision purposes. 115
116 LOT AREA – The area of a lot, excluding any portion of a public street right-of-way that may be 117
included within the deed description of the lot. 118
119 LOT LINE – A property boundary of a lot, except where the property boundary is the center line or 120
other portion of a street, in which event the lot line is the street right-of-way line. 121 122 LOT LINE ADJUSTMENT – Alteration of existing parcel boundaries between two or more existing and 123
adjoining lots where no additional parcels are created or deleted. This includes annexation of property 124
to existing parcels. Lot Line Adjustments are not subdivisions. 125
126 OFFICIAL MAP - The map established by the Town Board pursuant to § 270 of the NYS Town 127
Law, showing streets, highways, and parks laid out, adopted, and established by law as well as 128 any amendments adopted by the Town Board or additions thereto resulting from approval of 129
subdivision plats by the Planning Board and the subsequent filing of these approved plats. 130
131 OPEN SPACE INDEX – An objective detailed list and description of the environmentally important 132
features found in all open areas in the Town based on their ecological, cultural, and historical 133
significance. The Open Space Inventory and Index are the official Town of Ithaca Open Space 134
Index pursuant to § 239-y of the General Municipal Law. 135
136 PLANNING BOARD - The Planning Board of the Town of Ithaca. 137
138 PLAT - The map, plan, drawing or chart on which a subdivider's plan of subdivision is presented to 139
the Planning Board for approval; the final plat, if approved and all conditions are met, will be 140
submitted to the County Clerk for recording. 141 142 RESOURCE ANALYSIS - The inventory and evaluation to identify resources to be protected from 143
development of a property, consisting of inventory maps, a written description of the land to be 144
subdivided, and an analysis of the conservation value of various site features (delineated by Class 145
1, Class 2, and Class 3, as described in § 234-24.D). A Resource Analysis provides the basis for 146
the maximum density calculation in a cluster subdivision, in conjunction with the Site Capacity 147
Calculation worksheet (see definition below), and determines the locations for structures. 148
149 SEQR - New York State Environmental Quality Review Act (Article 8 of the NY Environmental 150
Conservation Law and its implementing regulations at 6 NYCRR Part 617). 151
152 SITE CAPACITY CALCULATION - A method of determining the maximum number of allowable 153
dwelling units the Planning Board may approve on any given site based on zoning requirements 154
and the Resource Analysis. 155
156 SITE CAPACITY CALCULATION WORKSHEET - A form approved by the Town Board for use in 157
calculating the development capacity of a site, completed and submitted by a subdivider in 158
connection with an application for a cluster subdivision. 159
160 SITE DESIGN AND DEVELOPMENT CRITERIA MANUAL - A manual of requirements and 161
minimum standards that shall be applied to proposed construction and/or areas that will involve 162
connections to existing municipal systems over which the Town has jurisdiction. Said manual, as 163
adopted by the Town Board, and as may be amended from time to time, may be obtained from the 164
Town Engineer. 165
166
Chapter 234. Subdivision of Land
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Town of Ithaca, NY – Chapter 234: Subdivision of Land REVISED for COC mail out 3-12-2026
SKETCH PLAN - A conceptual drawing that outlines general, rather than detailed, subdivision 167
intentions. A sketch plan depicts the basic parameters of a subdivision proposal, which serves as 168
the basis for informal discussion and review of the general intentions of the subdivider with the 169 Planning Board. 170
171 STREET- A New York State, Tompkins County or Town road or highway, a road or highway shown 172
on the Town’s Official Map, a street shown on a final plat approved by the Planning Board and 173
recorded in the Tompkins County Clerk’s Office, or a street shown on a plat duly filed and recorded 174
in the Tompkins County Clerk’s Office prior to the authority granted to the Planning Board to 175
approve such plats. A street that meets the definition in the preceding sentence but is designated 176
as a highway, thruway, road, avenue, boulevard, lane, drive, place, circle or otherwise is 177 nonetheless a “street” under this Chapter. 178
179 SUBDIVIDER - Any person, developer, firm, partnership, association, corporation, estate, trust, or 180
another entity or combination acting as a unit, undertaking the dividing of land so as to constitute a 181
subdivision or lot line adjustment as defined herein. This definition includes any applicant or agent 182 of the subdivider. 183
184 SUBDIVISION - The division of any parcel of land into two or more lots, blocks, or sites, with or 185
without streets. Subdivision includes re-subdivision and, when appropriate to the context, shall 186
relate either to the process of subdividing or to the land subdivided. Subdivisions are classified as: 187 A. SUBDIVISION, CLUSTER - A subdivision in which the otherwise applicable dimensional 188
requirements in the Zoning Chapter of Town Code are modified to encourage flexibility of 189
design and development of land in such a manner that the layout, configuration, and design 190
of lots, structures, driveways, streets, parks, trails and landscaping are designed to 191
preserve important natural resources and scenic qualities of the site. A cluster subdivision 192
is authorized by NYS Town Law § 278 and this Chapter. 193
B. SUBDIVISION, CONVENTIONAL - A subdivision that creates lots that meet all minimum lot 194
size and area dimensional requirements in the Zoning Chapter of Town Code. 195 C. SUBDIVISION, MAJOR - The division of any parcel of land into four (4) or more lots, any 196
subdivision proposed as a cluster development subdivision, or any subdivision (regardless 197
of the number of lots) involving any new street or the extension of public improvements. 198
D. SUBDIVISION, MINOR – The division of any parcel of land into up to three (3) lots fronting 199
on an existing street, not involving any new street or the extension of public improvements. 200
201 TOWN ENGINEER -The duly designated engineer of the Town of Ithaca or the engineering 202
consultant employed by the Town. 203
204
§ 234-8. (Reserved) 205
206
Article III: Classification & 207
Procedures Applicable to All Applications 208
209 § 234-9. Subdivision/Lot Line Adjustment Categories. 210
The following categories are found in this Chapter. Review procedures and submission 211
requirements for each category are set forth in each referenced article. 212 213
A. Lot Line Adjustments – Administrative review, Article IV. 214
215 B. Minor Subdivisions – Planning Board review, Article V. 216 217
C. Major Subdivisions - Planning Board review (including design standards for cluster and 218
conventional subdivisions), Article VI. 219
Chapter 234. Subdivision of Land
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Town of Ithaca, NY – Chapter 234: Subdivision of Land REVISED for COC mail out 3-12-2026
§ 234-10. General Requirements for All Subdivisions and Lot Line Adjustments. All 220
applications shall be submitted for approval in compliance with the applicable standards and 221
procedures set forth herein. 222
223 A. Pre-application meeting. All subdividers are required to attend a pre-application meeting 224
with the Planning Department prior to submitting an application for any subdivision or lot 225
line adjustment. The pre-application meeting is an opportunity for the subdivider to present 226
and discuss conceptual plans with the Planning Department, prior to committing any 227
resources to the preparation of an application. No statement, comment, or other 228
communication made during this informal review shall be binding upon any party. Pre-229
application meetings include review of: 230
1. Application requirements, checklists, and procedures; 231
2. Conceptual subdivision designs for major subdivisions; 232
3. Town plans and policies concerning development. 233
234 B. Each category and phase of review has a corresponding checklist of submission 235
requirements. Subdividers must submit documents and information for all review stages, 236
per the relevant checklist(s). Checklists are approved by Town Board resolution, which the 237
Town Board may revise from time to time. 238
239 C. Plats for all categories shall be prepared and stamped by a New York State registered and 240
licensed professional surveyor. 241
242
D. Where an approved subdivision has been later consolidated, in whole or in part, the portion 243
so consolidated shall not be re-subdivided without undergoing the subdivision review and 244
approval process as if it were a new subdivision. 245
246 E. The time periods listed in this law or in NYS Town Law 276, within which the Planning 247
Board must take action on a preliminary plat or a final plat, may be extended by mutual 248
consent of the subdivider and the Planning Board. 249
250 F. The Planning Board may waive any of the application provisions of this Chapter when the 251 strict application of such provisions would cause unnecessary or significant hardship or 252
practical difficulties. In waiving such provisions, the Planning Board shall determine that the 253
waiver will not significantly affect the purpose of subdivision control as provided by this 254
Chapter; and that the waiver will not impair the policy enunciated or implied by the Town 255
Board in adopting this Chapter’s provisions. 256
257
G. Any action or determination approving an application, in whole or in part, whether final or 258
preliminary, shall be revocable, in whole or in part, if the action or determination was made 259
in reliance on any misrepresentation, concealment, or other fraudulent act or statement by 260
the subdivider or was based on a mistake as to a material matter. 261
262
§ 234-11. Public Hearings and Postings. 263
264 A. Public Hearings are required for Minor and Major Subdivisions (for both Preliminary Plats 265
and Final Plats). 266
267 B. Public Hearings are not required for Lot Line Adjustments. 268
269 C. Notice of public hearings shall be published in the official newspaper of the Town of Ithaca. 270
The law governing the publication of public hearing notices and the holding of public 271 hearings on preliminary and final plats is set forth in NYS Town Law § 276. Advertising or 272
publishing the notice, in accordance with the provisions of NYS Town Law § 276, is the only 273
notice legally required. 274 275
Chapter 234. Subdivision of Land
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Town of Ithaca, NY – Chapter 234: Subdivision of Land REVISED for COC mail out 3-12-2026
D. In order to promote public information and participation in the subdivision approval 276
procedures, public notice shall be posted by the subdivider in accordance with, and shall be 277
governed by the provisions of, Town Code § 270-237 (A) through (F) posting of notices. 278 Any delay in the Planning Board’s hearing of a matter due to a failure to post does not 279
affect timing requirements applicable to approval of Preliminary Plats and Final Plats. 280
281
§ 234-12. (Reserved) 282
283
Article IV: Lot Line Adjustments 284
285 § 234-13. Procedures. 286
Applications for Lot Line Adjustments shall be made to the Planning Department via the Town’s 287
digital online application program and shall consist of documentation listed on the relevant 288
checklist [Chris B note- Provide link]. A summary of lot line adjustment procedures includes: 289
A. Classification and general application requirements, pursuant to Article III above. 290
291 B. Criteria to determine if proposal is a lot line adjustment: 292
1. All lots are contiguous; 293
2. The result of the adjustment does not create new additional lots; 294
3. The result does not create any new nonconforming lots, or enlarge or increase the 295
nonconforming aspect of any legally existing nonconforming lot; 296
4. A property split off from a parcel will be transferred to the contiguous lot owner (if 297
different) and consolidated with the contiguous lot; 298
5. None of the lots require site plan or special permit approval by the Planning Board, or 299
variances or special approval by the Zoning Board of Appeals; 300
6. The adjustment is not part of a larger development plan; and does not result in the 301
piecemeal subdivision of a larger project; and 302
7. No more than five acres in the aggregate are proposed to be transferred. 303
304 C. The Director of Planning and the Director of Code Enforcement shall review applications for 305
lot line adjustments to ensure that the proposal: 306
1. Creates lots that conform to the Town Code, Chapter 270, Zoning; 307
2. Creates buildable lot conditions; and 308
3. Existing conservation and agricultural easements remain in effect. 309
310 D. The Director of Engineering shall review the proposal to ensure that relevant municipal 311
easements, stormwater facilities, and other public or private utilities and other infrastructure 312
remain accessible and operable. 313
314 E. The Director of Planning shall have 30 days from the date the application is deemed 315
complete to approve or deny an application for a Lot Line Adjustment. If the application is 316
approved, the Director of Planning shall stamp and sign the survey map. The subdivider 317
shall then file the survey map with the Tompkins County Clerk, along with the 318
corresponding deed effecting the Lot Line Adjustment, if property is being transferred. 319
320
§ 234-14 (Reserved) 321
Article V: Minor Subdivisions 322
§ 234-15. Procedures. 323
Minor Subdivisions shall be considered for a single-stage review by the Planning Board. The 324
subdivider does not submit a preliminary plat, and the Planning Board considers only a final plat. A 325
summary of minor subdivision procedures includes: 326
Commented [SB2]: Need to research whether the
Town may extend the Town Law Section 276 deadlines
this way through supersession.
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Town of Ithaca, NY – Chapter 234: Subdivision of Land REVISED for COC mail out 3-12-2026
A. Classification and general application requirements, pursuant to Article III above. 327
328 B. Process and submission requirements, which include all documentation and information 329
required for final plats as specified in §§ 234-19 and 234-20 of this Chapter and listed on 330
the relevant final plat checklist. [Chris B note: Provide link] A subdivider may voluntarily opt to 331
submit a sketch plan for a Minor Subdivision. 332
333
C. The submitted plat drawing shall be marked as final and shall include a note that no 334
preliminary subdivision review was required. 335
336 D. Planning Board must make findings and a decision, pursuant to §234-21 below. 337
338
§ 234-16. (Reserved) 339
Article VI: Major Subdivisions 340
§ 234-17. Procedures. 341
A summary of major subdivision procedures and requirements includes: 342 343
A. Classification and general application requirements, pursuant to Article III above. 344
345 B. Process and submission requirements, which consist of three main stages: the sketch plan 346 review, the preliminary subdivision review, and the final subdivision review. § 234-18, § 234-347
19, and § 234-20 describe items that should be included and considered with each particular 348
review stage. 349
350 C. Public hearing requirements, pursuant to § 234-11. 351
352 D. Planning board findings and decision, pursuant to § 234-21. 353
354 E. Subdivision Design Standards, pursuant to Article VII below. Cluster subdivision is the 355
preferred subdivision methodology in all cases of new subdivisions and re-subdivisions and 356
is required in the specific circumstances listed in § 234-24.D. Cluster subdivision 357
procedures, including how to calculate the number of permitted dwelling units, can be found 358
on the relevant cluster subdivision checklist and the Site Capacity Calculation worksheet. 359
Conventional subdivision design standards are listed in § 234-26. 360
361
§ 234-18. Sketch Plan Review. 362
A Sketch Plan shall be submitted for review by the Planning Board for any proposed Major 363
Subdivision. A sketch plan shall be clearly marked as such and include documentation listed on the 364
relevant sketch plan checklist. [Chris B note: Provide link] 365
366 A. It is the responsibility of the subdivider to provide a sketch plan that depicts a reasoned and 367
viable proposal for subdivision and subsequent development of the lot(s). 368
369 B. Planning Board members may suggest modifications to but shall not approve or disapprove 370
a sketch plan. Comments made by individual Board members during a sketch plan review 371
shall not be interpreted as constituting approval or disapproval by the Board, nor shall they 372
be interpreted to limit the scope of any subsequent review or approval of a future plan. 373
§ 234-19. Preliminary Subdivision Review. 374
The procedure for preliminary subdivision review shall be as provided for in this Chapter and NYS 375
Town Law §§ 276 through 278, as they may from time to time be amended. All necessary 376
information shall be in full compliance with the provisions of Town Law and this Chapter. 377
378 A. The subdivider shall submit to the Director of Planning or their designee all materials as 379
Commented [SB3]: May revise the first sentence to
reference supersession
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Town of Ithaca, NY – Chapter 234: Subdivision of Land REVISED for COC mail out 3-12-2026
specified by the Preliminary Subdivision checklist [Chris B note: Provide link]. 380 381 B. In addition, the subdivider shall furnish such information, data, maps, reports or other 382
documents which the Town or the Planning Board may require for the environmental review 383
procedures, including all applicable requirements of the New York State Environmental 384
Quality Review Act (SEQR) and Chapter 148, Environmental Quality Review, of the Town of 385
Ithaca Code, as they may be amended from time to time, or any other applicable rule, 386
regulation, code, or law. An application for preliminary subdivision review shall not be 387
deemed complete until a negative declaration has been filed or until a notice of completion 388
of the draft environmental impact statement has been filed in accordance with the provisions 389
of SEQR. The time periods for reviewing a preliminary subdivision application shall begin 390
upon filing of such negative declaration or such notice of completion. 391
§234-20. Final Subdivision Review. 392
The procedure for final subdivision review shall be as provided for in this Chapter and Town Law 393
§§ 276 through 278, as they may from time to time be amended. All necessary information shall be 394
in full compliance with the provisions of Town Law and this Chapter. 395
396
A. The subdivider shall submit to the Director of Planning or their designee all materials as 397
specified by the Final Subdivision checklist. [Chris B note: Provide link] 398
399 B. In addition to following the procedures in Town Law §§ 276 through 278, the subdivider shall 400
also comply with the provisions of the following subsections: 401
1. (a) For all streets, sidewalks, open space, utilities, and other public improvements that 402
the subdivider proposes to be conveyed to the Town as public property, the 403
subdivider must make formal offers of dedication to the Town of such land, open 404
space and improvements, in a form acceptable to the Town Board. Approval of the 405
plat by the Planning Board shall not constitute acceptance by the Town Board of 406
any streets, sidewalks, open space, or other public improvements. The mere act of 407 offering dedication shall not create any presumption that the Town has accepted 408
the same. 409
410 (b) All such offers are nonrevocable (or, if the Town Board expressly authorizes or 411
declares them to be revocable, then irrevocable for 360 days after the filing of the 412
final plat with the County Clerk's Office), and each such street, sidewalk, open 413 space, utility, or other public improvement shown on the final subdivision plat shall 414
be deemed to be private until such time as each of the same has been formally 415
accepted by the Town. 416
417
(c) The subdivider shall, for all lots or areas marked for future use or dedication, 418
provide to the Town title documents and conveyances of title or rights-of-way or 419
easements, as applicable or required, in a form acceptable to the Town's attorney, 420
together with such tax searches, abstracts, resolutions, or other documents as 421
such attorney may reasonably require to verify good title. 422
423 2. The subdivider shall obtain and file with the Planning Board any required approval from 424
the Tompkins County Whole Health or successor agency, indicating satisfactory design 425
compliance with the realty subdivision provisions of the County Sanitary Code. 426
427 C. In a regulating plan area for traditional neighborhood development (TND), additional and 428
different requirements for final subdivision approval apply. (See § 272-803.4.) 429
430 D. The final approved plat shall show approved locations for intensive development, approved 431
locations for less dense development, and any lands that will be protected by conservation 432
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easement, as determined by the Planning Board based on the Resource Analysis required 433
by § 234-24.D. 434
435
§ 234-21. Planning Board findings and decision. 436
Planning Board decisions regarding subdivisions shall be accompanied by findings about whether 437
the following standards have been met, where applicable, in accordance with the policy statement 438
in Article I, § 234-1 and the Resource Analysis in Article VII, § 234-24.D: 439
440 A. The proposal complies with the Town’s adopted Complete Streets Policy and Site Design 441
and Development Criteria Manual. 442
443 B. The proposal clearly and accurately shows buildable areas and describes any proposed 444
development. The arrangement, location, and width of streets and sizes of lots are 445
adequate, and particular attention has been given to their relation to the topography of the 446
land and the natural and cultural resources of adjoining lands. 447
448 C. Where site plan review is required by § 270-184, or the subdivision creates more than 449
twenty five (25) lots, the exterior characteristics of proposed structures shall demonstrate 450
consistency with objective architectural design principles, including but not limited to: 451
balance, connection, contrast, emphasis, form, grouping, pattern, placement, proportion, 452
rhythm, scale, unity, and variety. 453
In making this finding, the Planning Board’s review shall focus on: 454
1. Compatibility with surrounding context (including prevailing form, scale, massing, 455
and materials); 456
2. Visual cohesion among structures within the subdivision; and 457
3. Alignment with any adopted Town design guidelines or neighborhood regulating 458
plans. 459
This review does not prescribe a particular architectural style but shall ensure that structure 460 design avoids visual monotony, excessive bulk, or discordant forms that undermine the 461
Town’s Comprehensive Plan goals. 462
463 D. The proposed lots and development have provided for sufficient space for on-site vehicular 464
and bicycle parking, for loading and unloading and similar activities, and for adequate 465
emergency access. 466 467
E. The proposal minimizes potential for flood damage to proposed improvements and adjoining 468
properties and complies with Chapter 157 of the Town of Ithaca Code, Flood Damage 469
Prevention. 470
471 F. Proper provision has been made for stormwater management, in compliance with current 472
NYSDEC requirements and Chapter 228 of the Town of Ithaca Code, Stormwater 473
Management and Erosion and Sediment Control. 474
475 G. The proposal provides for safe and sufficient water supply, proper sewage disposal, and 476
proper access to other available utilities such as electric and telephone. 477
478
H. For cluster subdivisions, and to the extent practicable, the subdivision has been designed 479
and maintained to ensure that the conservation assets identified on the site in the Resource 480
Analysis retain their qualities, and the subdivision has avoided fragmentation of such assets. 481
482
I. For conventional subdivisions, and to the extent practicable, the proposal preserves and 483
protects any sensitive environmental characteristics on the site, including wetlands, streams, 484
steep slopes, threatened or endangered plant or animal species, trees with diameter-at-485 breast-height (DBH) of 10-12 inches or more for softwoods and 5-6 inches or more for 486
hardwoods, cultural and historic resources, scenic resources, and other such irreplaceable 487
assets. Provision has been made for maintaining existing known ecological corridors to 488
Commented [CB4]: COC to discuss whether to include
other protection measures (deed restrictions, plat notations, etc.)
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mitigate any adverse environmental impacts and to sustain biodiversity. 489
490 J. Pursuant to NYS Town Law § 277 and Article VII, § 234-29 (Reservation of park and 491
recreational lands), park areas of suitable location, size and character for playground and 492
other recreational or open space purposes have been shown on the subdivision plat, if 493
required by the Planning Board. Provision has been made for the adequate permanent 494
reservations of open space, pedestrian trails, viewing areas, and parks; and such areas 495
have been shown on the plat. 496
497 K. Subdivision proposals located within an Agricultural Zone have complied with the density 498
limitations and limitations on subdivisions listed in Chapter 270, Zoning, § 270-35. 499
500 L. Subdivision proposals located within a Conservation Zone have complied with the density 501 limitations and limitations on subdivisions listed in Chapter 270, Zoning, § 270-20. 502
503
§ 234-22. (Reserved) 504
Article VII: Subdivision Design Standards 505
§ 234-23.General procedures. 506
A. All major subdivisions shall be subject to design standards. Cluster subdivision are required 507
in all cases of new major subdivisions and re-subdivisions, unless: 508
1. The subdivision is located within the High Density Residential Zone, or 509
2. The Planning Board approves a conventional plat, pursuant to §234-24.C. 510
511 B. Cluster subdivisions are not required for minor subdivisions and are prohibited in the High 512
Density Residential Zone. Subdivision design standards for conventional subdivisions are 513
listed in § 234-26. 514
515 C. In a proposed or approved regulating plan area for Traditional Neighborhood Development 516
(TND), the New Neighborhood Code applies additional and different requirements for 517
thoroughfare and street types and patterns, parks and preserves, lot arrangement, and 518
other aspects of 1) neighborhood design, 2) the public realm, and 3) subdivision review and 519
approval. (See §§ 272-301 through 272-310, 272-403, 272-702.3, 272-802, and 272-803. 520
521
§ 234-24. Cluster subdivisions. 522
Clustering permits flexibility in the development of land and results in a concentration of occupancy 523
or use in a particular area of land and space, which encourages the preservation of available open 524
space and reduces the cost and maintenance of public improvements. Submission requirements 525
for cluster subdivisions are required per the cluster subdivision checklist, as adopted by Town 526 Board and amended from time to time, along with design steps, review steps, and calculation 527
procedures enumerated below: [Chris B note: Provide link] 528
529 A. Purpose. The purpose of cluster subdivision regulation is to: 530
1. Achieve a balance between well-designed development and meaningful open space 531
conservation/natural resource protection; 532
2. Encourage conservation and development in the most appropriate locations on a 533
subdivided parcel, to limit the impact of development on sensitive and/or significant 534
natural, agricultural, scenic, cultural, and historic resources, and to encourage 535
development that enhances the Town's character, pattern and scale of settlement; 536
3. Allow for residential development on lots that are smaller than would otherwise be 537
permitted in the applicable zoning district in exchange for the protection of conservation 538
assets identified in the Town's Open Space Index; 539
4. Encourage the placement of lots and design of the transportation network in a manner 540
that results in the more efficient provision of infrastructure and delivery of public 541
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Town of Ithaca, NY – Chapter 234: Subdivision of Land REVISED for COC mail out 3-12-2026
services and that supports a walkable and socially cohesive residential community. 542
543 B. Cluster general design standards and procedures. 544
1. The minimum gross area for any cluster subdivision proposal shall be five acres; 545
2. A cluster development sketch concept plan shall be submitted, in addition to a 546
conventional concept plan, for any proposed cluster subdivision; 547
3. Proposals located within an Agricultural Zone must comply with the special density 548
limitations and limitations on subdivisions listed in Chapter 270, Zoning, § 270-35. 549
Proposals located within a Conservation Zone must comply with the special cluster 550
provisions listed in Chapter 270, Zoning, § 270-20; 551
4. A cluster subdivision must be designed and maintained to avoid fragmentation of 552
conservation assets and to maintain wildlife corridors that connect significant ecological 553
communities; 554
5. Existing vegetation shall be preserved during development to the fullest extent possible, 555
including prevention of the introduction of invasive species (see Resource Analysis 556
provisions below); movement or parking of vehicles and equipment in proposed 557
conservation areas is prohibited under the canopy/dripline of trees with 10”-12” DBH for 558
softwoods and 5”-6” DBH for hardwoods. The Planning Board may require such trees to 559
be protected with temporary fencing at the driplines during construction; 560
6. The boundaries and alignment of existing surface water shall be preserved unless a 561
change complies with Town Code § 270-219.5 (stream setback). Land areas subject to 562
flooding that may be a danger to health, life or property, or exacerbate an existing flood 563 hazard, shall not be plotted for residential uses. Such land areas shall be noted as 564
"undevelopable" on the plat; 565
7. The Planning Board may entertain an application for the cluster subdivision of a portion 566
of a parcel if a Resource Analysis is provided for the entire parcel. The approval to 567
develop a portion of the parcel is not a basis for the subdivider or successor in interest 568
to subsequently request an exception under Subsection C(2) for the remainder of the 569
parcel. 570
571
C. Exceptions. 572
1. The Planning Board may allow, but shall not require, a cluster subdivision if the total 573
acreage of land to be subdivided is less than five acres in size. Cluster subdivisions are 574
not required for minor subdivisions on a parcel of any size. 575 2. The Planning Board may allow and may approve a conventional subdivision plat if the 576
Board determines that there is no reasonable basis for requiring a cluster subdivision. 577
For the Planning Board to make such a determination, the Planning Board must find the 578
following: 579
(a) The land contains no or limited resources with conservation value or that are listed 580
in the Town’s Open Space Index; or 581
(b) The total acreage under consideration is too small to preserve a substantial 582
amount of land with conservation value (this criterion shall not be evaded by 583
piecemeal subdivision or lot line adjustment of larger tracts); or 584
(c) The subdivider has made a clear and compelling case that proves that a 585
conventional subdivision will better implement key Comprehensive Plan goals and 586
policies than a cluster subdivision (e.g., a conventional subdivision will better 587
preserve/protect environmentally, agriculturally, and visually sensitive areas). 588
589 D. Resource Analysis. 590
1. As part of its preliminary plat submission, a subdivider shall prepare a Resource 591
Analysis, consisting of inventory maps, a written description of the land, an analysis of 592
the conservation value of various site features, and an explanation of how the built 593
environment and natural features will be integrated through the design of the cluster 594
Chapter 234. Subdivision of Land
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Town of Ithaca, NY – Chapter 234: Subdivision of Land REVISED for COC mail out 3-12-2026
subdivision. 595
2. The Resource Analysis shall describe the current and potential conservation value of all 596
land on the site. In the course of its preliminary subdivision review, the Planning Board 597 shall apply the data in the Town of Ithaca Open Space Index and shall determine which 598
open space and conservation assets are present and should be considered for 599
preservation. 600
3. The outcome of the Resource Analysis and the Planning Board's determination shall be 601
incorporated into any approved preliminary plat. The preliminary plat shall show 602
preferred locations for intensive development, acceptable locations for less dense 603
development, and any lands that should be protected by a conservation easement. The 604
cluster subdivision must be designed to protect the conservation assets proposed to be 605 preserved from future disturbance due to incompatible development, changes in 606
ecological function or other impacts associated with development of the site. 607
4. The Planning Board shall make written findings identifying the specific conservation 608
values protected and the conservation findings supporting such protection. An 609
application that does not include a complete Resource Analysis sufficient for the 610
Planning Board to make its findings shall be considered incomplete. 611
5. The Resource Analysis must identify and delineate all “Class 1,” “Class 2,” and “Class 612
3” assets, as described here: 613
614 (a) Class 1 assets: Constrained or unbuildable lands (see Figure 1). Constrained or 615
unbuildable lands are areas that are unsuited for development due to Federal, State 616 or Town regulations, deed restrictions, easements or other physical or legal 617
limitations to development. The area of these lands will not count in the 618
determination of the maximum number of lots. Class 1 assets include: 619
[1] Parcels located entirely within a Critical Environmental Area (CEA), as defined by 620
the NYS Department of Environmental Conservation (DEC); and areas within 100 621
feet of a CEA; 622
[2] Endangered and Threatened plant or animal wildlife communities last identified 623
on the site within the last 50 years, as identified by the NYS DEC’s Natural 624 Resources database and EAF Mapper Program; or by a licensed 625
biologist/botanist; 626
[3] Wetlands that require a permit from the NYS DEC to comply with the Article 24 627
Freshwater Wetlands Act and 6 NYCRR Part 664; 628
[4] Areas of Special Flood Hazard, as depicted in the Town of Ithaca Flood 629
Insurance Rate Map (FIRM); 630
[5] Slopes of 40% or more, and Major Rock Gorges, as described in the Town Open 631
Space Index; 632 [6] Highly Erodible Soils, as identified by the USDA Natural Resources Conservation 633
Service or similar or other successor agency; 634
[7] Old-Growth Woods (over 100 years old), as described in the Town Open Space 635
Index; 636
[8] Land within any of the following: 25 feet of the Ordinary High Water Level of 637
Cayuga Lake, as defined in Town Code §270-5; 100 feet of the center of any 638
stream classified as Class C or higher by the NYS DEC; or the minimum stream 639
setback widths per Town Code § 270-219.5, regardless of drainage area; 640
[9] Land within an existing or proposed stormwater management facility, occupied by 641
existing or proposed public or private streets, public utility structures or 642
improvements, or within portions of easements/rights-of-way where development 643
is not allowed. 644
645
646
Chapter 234. Subdivision of Land
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Town of Ithaca, NY – Chapter 234: Subdivision of Land REVISED for COC mail out 3-12-2026
647 (b) Class 2: Priority conservation assets (see Figure 2). Class 2 assets are the following 648
identified in the Town Open Space Index, exclusive of any assets classified as Class 1: 649
[1] Land that includes rare or vulnerable ecological communities, as defined in the 650
DEC’s New York Natural Heritage Program; 651
[2] Mature Woods “Greater Than Five Acres,” as described in the Open Space 652
Index; 653
[3] Agricultural land that was farmed within the past two years, and with soils defined 654
as Class I or Class II by the USDA Natural Resources Conservation Service or 655
similar or other successor agency; 656
[4] Riparian buffers, measured an additional 50 feet beyond the 100-foot stream 657
centerline measurement included in Class 1 lands, and regardless of drainage 658
area noted in Town Code § 270-219.5; 659
[5] Slopes at least 15% and less than 40%. 660
[6] Historic or indigenous sites within or adjoining the site that are designated as 661
sensitive for archaeological sites on the New York State Historic Preservation 662
Office archaeological site inventory. 663
664
Figure 1: Parcel shown in green, containing
“Class 1” assets (steep slopes, wetlands, old
growth forest)
Figure 2: Parcel shown in green, containing
“Class 2” assets (mature woods, riparian buffer)
Chapter 234. Subdivision of Land
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Town of Ithaca, NY – Chapter 234: Subdivision of Land REVISED for COC mail out 3-12-2026
665
666
(c) Class 3: Secondary conservation assets (see Figure 3). Class 3 assets include the 667
following identified in the Town Open Space Index, exclusive of any assets classified as 668
Class 1 or Class 2: 669
[1] Land including or adjoining historic sites that are listed, or are eligible to be listed, 670
on the National and State Registers of Historic Places, or are included in the 671
Town Limited Historic Commercial Overlay District; 672
[2] Agricultural land that was farmed within the past two years; 673
[3] Land within a Tompkins County Unique Natural Area (UNA) and areas within 100 674
feet of a UNA; 675
[4] Land on the Tompkins County Scenic Resource Inventory lists of “Distinctive” 676
and “Noteworthy” views; or the Town of Ithaca Scenic Resources Inventory list of 677
“Scenic Views of Local Significance” and “Noteworthy Scenic Views”; 678
[5] Recreational resources, publicly accessible open space, and lands that provide 679
connectivity to public land, as noted in the Town’s Park, Recreation, and Open 680
Space Plan and Open Space Index, respectively; 681
[6] Areas within 100 feet of a New York State park, or within 50 feet of a Town park, 682
Finger Lakes Land Trust preserve, or Nature Conservancy preserve. 683
684
685 686
687 688 689 690 691 692 693 694 695 696
697 698 699 700 701 702 703 704
705
706
707
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)
Chapter 234. Subdivision of Land
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Town of Ithaca, NY – Chapter 234: Subdivision of Land REVISED for COC mail out 3-12-2026
708
E. Calculation methodology to determine required open space and conservation assets in 709
cluster subdivisions, based on Resource Analysis (see Figure 4 below). 710 1. Minimum open space preservation requirement- At least 40% of the area of the parent 711
parcel must be preserved as open space. The preserved land must include: 712
(a) All Class 1 assets; 713
(b) At least 80% of all land that contains Class 2 assets; and 714
(c) At least 40% of the land that contains Class 3 assets; 715
716
2. Connections to adjoining land. The subdivision design must incorporate any connections 717
between conservation assets on and adjoining the site to maximize their functional value 718 as contiguous biological corridors or other types of land connections listed in the Open 719
Space Index. 720
721
722 Figure 4: Parcel with all preserved assets in purple. This consists of 100% Class 1 assets, 80% Class 2 723
assets, and 40% Class 3 assets. Buildable areas are shown in green and labeled “Open Space.” 724
725 726 F. Number of dwelling units permitted in cluster subdivision and calculation methodology 727
(applying Resource Analysis) using Site Capacity Calculation worksheet: A sketch plan of a 728
conventional subdivision in which all lots comply with minimum lot sizes permitted by Zoning 729
is required to demonstrate the number of dwelling units that can be accommodated on the 730
site. The number of units allowed in any clustered subdivision shall not exceed the number 731
determined by the Planning Board, pursuant to Town Law § 278 and the results of the Site 732
Capacity Calculation worksheet. 733
734 G. Housing types, area and dimensional requirements, building heights in cluster subdivisions. 735
1. Notwithstanding the requirements of the zoning district, residential development as part 736
of a cluster subdivision may include single dwelling units, two-family dwelling units, 737
townhomes and apartment buildings with a maximum of up to six units per building. 738
2. Area and dimensional requirements: 739
(a) The Planning Board may waive requirements for minimum lot sizes and setbacks 740
Chapter 234. Subdivision of Land
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Town of Ithaca, NY – Chapter 234: Subdivision of Land REVISED for COC mail out 3-12-2026
that would otherwise apply to residences in the zoning district. The Planning Board 741
may not waive maximum sizes for accessory dwelling units (ADUs); 742
(b) Appropriate lot sizes will be determined by the Planning Board after careful 743 consideration of all site characteristics and development requirements. Within areas 744
not served by public water and sanitary sewer service, minimum lot sizes shall be 745
determined with regard to specific site characteristics and public health and safety 746
concerns and requirements in consultation with Tompkins County Whole Health; 747
(c) The subdivider shall specify lot sizes, and other lot dimensions and building setbacks 748
to be incorporated into the final plat. Lot dimensions and building setbacks must be 749
based on careful consideration of all site characteristics and development 750
requirements; 751 (d) Setbacks between any residences and parcels adjoining the cluster subdivision must 752
be at least the minimum setback required in the zoning district for single-family 753
residences. 754
(e) Maximum height limits in the zoning district shall apply. 755
756 H. Flag lots. Flag lots are permitted in limited applications in subdivisions to avoid extending 757
streets further than necessary. The following standards shall apply: 758
1. No more than two contiguous flag lots shall be created. Whenever practicable, adjoining 759
flag lots should be platted in a manner that encourages shared driveway access points 760
along streets shown on the Official Town Map. 761
2. Flag lots shall comprise no more than 10 percent of all lots in the subdivision. 762
3. The access strip of a flag lot shall be owned by the owner of the main portion of the flag 763
lot and shall extend to an existing street shown on the Town’s Official Map. The access 764
strip shall serve as the primary access for the lot. 765
4. The access strip shall have a minimum width of 20 feet. The width shall be increased as 766
necessary to contain all grading for the driveway within the access strip. 767
5. The access strip shall have a maximum length of 200 feet. 768
6. The minimum lot area of the flag lot shall be calculated exclusive of the access strip. 769
7. In areas where agriculture is the predominant land use, flag lots should be located on 770
the least productive agricultural lands and be configured to minimize interference with 771
the agricultural use of the remaining lands. 772
773
§ 234-25. (Reserved) 774
775
§ 234-26. Conventional subdivision design standards and procedures. 776
Submission requirements for conventional subdivisions are required per the Preliminary and Final 777
Subdivision checklists, along with the review steps and procedures enumerated below. 778
Conventional subdivisions do not require a Resource Analysis or a conservation easement. Rather, 779
the area, width, depth, and orientation of lots shall be appropriate for the location of the subdivision 780
and for the type of development permitted by Chapter 270, Zoning. 781
782 A. Minimum lot areas and dimensions shall be as established in Chapter 270, Zoning, and 783
Chapter 271, Zoning: Special Land Use Districts. 784 785 B. Where any lot is proposed to be served by an individual sewage disposal system, the 786
minimum dimensions of each lot shall be determined by Tompkins County Whole Health, 787
except that no such lot shall have an area of less than 30,000 square feet. The Health 788
Department may require the subdivider to provide acceptable percolation tests or impose 789
other requirements for lots to be served by individual sewage disposal systems. 790
791 C. Buildable areas must be indicated on the preliminary and final plats. Buildable areas must 792
conform to setback requirements in the underlying zoning district, and all subdivisions must 793
Chapter 234. Subdivision of Land
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Town of Ithaca, NY – Chapter 234: Subdivision of Land REVISED for COC mail out 3-12-2026
conform to the stream setback requirements in Chapter 270, Zoning, and to the buffer zone 794
requirements above. 795
796 D. The lengths, widths, and shapes of blocks shall be determined with due regard to the 797
provision of building sites suitable to the special needs of the type of uses contemplated, 798
need for convenient access, circulation, control and safety of street traffic, solar access and 799
the limitations and opportunities of topography. Residential blocks shall not be more than 800
1,200 feet in length, except as the Planning Board determines necessary to secure efficient 801
use of land or to achieve desired features of the transportation system; measurement of 802
block length shall be between property lines. Blocks shall comply with the Town’s Complete 803
Streets Policy and Site Design and Development Criteria Manual. 804
805 E. In a proposed or approved regulating plan area for traditional neighborhood development 806
(TND), New Neighborhood Code requirements for thoroughfare and block pattern and lot 807
siting apply. (See §§ 272-306 and 272-403.23.) 808
809
§ 234-27. (Reserved) 810
§ 234-28. Reservation of land for public utilities. 811
A. Whenever a subdivider proposes easements or land that includes all or part of the proposed 812
site for a public utility, the Planning Board shall submit the proposed plat to the public body 813
responsible for acquiring the land for the site before approving the preliminary plat of the 814
subdivision. 815
816 B. No proposed dedication by the subdivider for a Town of Ithaca easement or street or other 817
public use shall be shown on a final plat unless the Town Board authorizes acceptance of 818
the concept and location such dedication prior to final subdivision approval. 819 820
C. In a proposed or approved regulating plan area for traditional neighborhood development 821
(TND), additional and different requirements for land reservation and dedication for public 822
facilities, utilities, infrastructure, and easements apply. (See §§ 272-306 through 272-309.) 823
824 D. If access to a subdivision is only across land in another municipality, the Planning Board 825
may request assurance from the adjoining municipality’s attorney and Highway 826
Superintendent (or equivalent title) that the access streetroad is suitably improved or that a 827
performance guarantee or security has been duly executed and is sufficient security to 828
ensure access has been constructed. 829
830
§ 234-29. Reservations of parks and recreational lands. 831
832 A. If the Planning Board requires a reservation of parkland, such reservation shall be of suitable 833
size, dimension, topography, and general character and shall have adequate street access 834
for the particular purposes envisioned by the Planning Board. 835
1. The Board may require that the parkland be located at a suitable place on the edge of 836
the subdivision so that additional land may be added at such time as the adjacent land is 837
subdivided. 838
2. The subdivider must offer dedication of all such parkland to the Town where the 839
Planning Board has determined that parkland must be owned by the Town. 840
3. Reservation of parkland on subdivision plats containing dwelling units shall be in 841
accordance with NYS Town Law § 277(4). The amount of land to be so reserved for a 842
conventional subdivision shall be determined by the Planning Board on a case by case 843
basis. Parkland reservations for cluster subdivisions shall follow the procedures listed in 844
§ 234-24.E.1(b). The area shall be shown and marked on the final plat "Reserved for 845
Park Purposes." 846
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Town of Ithaca, NY – Chapter 234: Subdivision of Land REVISED for COC mail out 3-12-2026
847 B. Pursuant to NYS Town Law § 277, the Planning Board may require payment in lieu of 848
parkland. The Town Board has established a formula for such payments in Town Code 849
§153-3, which may be amended from time to time. 850
851 C. The provisions of this section are minimum standards. None of the subsections above shall 852
be construed as prohibiting a subdivider from reserving other land for recreation purposes in 853
addition to the requirements of this section. 854
855 D. In a proposed or approved regulating plan area for traditional neighborhood development 856
(TND), New Neighborhood Code requirements for park and preserve land area, types, 857
location, configuration, connectivity, access, programming, and ownership apply. (See § 858
272-308.) Payment in lieu of land reservation does not apply for traditional neighborhood 859 development and is not a substitute for providing and improving parks and preserves. 860
861
§ 234-30. (Reserved) 862
Article VIII. Infrastructure 863
864 § 234-31. Transportation Network. 865
866
A. Design and construction of a street(s) as defined herein and related improvements shall be 867
in accordance with the standards and specifications described in the Town of Ithaca Site 868
Design and Development Criteria Manual, copies of which are available in the office of the 869
Town Engineer. The subdivider shall improve or agree to improve all streets and other ways 870
to provide drainage improvements, all in such manner as is necessary for the general use of 871
lot owners in the subdivision and to meet local traffic and drainage needs, including the 872
needs of pedestrian and bicycle traffic as may be required by the Town of Ithaca Complete 873
Streets Policy. Streets shall be graded, surfaced, and improved to the grades and 874
dimensions shown on plats, profiles, and cross-sections submitted by the subdivider and 875
approved by the Planning Board, Town Engineer, and Town Highway Superintendent. 876
877 B. Street names shall be shown; they shall provide for continuation of the names of existing 878
streets wherever appropriate; they shall not duplicate the names of streets elsewhere in 879
Tompkins County. 880
881 C. In a proposed or approved regulating plan area for traditional neighborhood development 882
(TND), New Neighborhood Code requirements for arrangement of streets, street types and 883
elements, provision of alleys, and geometry apply. (See §§ 272-306 and 272-307.) 884
885 D. Whenever a subdivider proposes to dedicate a street or transportation network to the town, 886 the Town Board shall determine whether to authorize acceptance of the concept and 887
location such dedication prior to the Planning Board’s consideration of final subdivision 888
approval. 889 890
E. Prior to the Town Board’s consideration of final acceptance of streets or utilities, the Highway 891
Superintendent and Town Engineer shall determine whether all public utilities, streets, and 892
required improvements have been completed in accordance with the approved plans and 893
specifications and applicable requirements and regulations. 894
895
§ 234-32. Phased developments. 896
In a regulating plan area for traditional neighborhood development (TND), New Neighborhood 897
Code requirements for a subdivision phasing plan may apply. (See § 272-703.3.3.) 898
§ 234-33. Storm and surface drainage. 899
Commented [CB5]: COC to discuss whether to allow
phased developments.
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Town of Ithaca, NY – Chapter 234: Subdivision of Land REVISED for COC mail out 3-12-2026
All land development shall be related to the surrounding drainage pattern, with provisions made for 900
proper storm drainage facilities. All drainage improvements must be acceptable to the Town’s 901
Stormwater Management Officer and shall comply with the provisions of Town Code Chapter 228: 902 Stormwater Management. 903
§ 234-34. Underground wires and cables. 904
905
A. Wires and cables providing local utility and similar services (including but not limited to 906
electric, internet, telephone, cable television, and streetlighting) in subdivisions shall be 907
placed underground, except as called for in Town Code § 270-219, Personal Wireless 908
Service Facilities. 909
910 B. In a regulating plan area for traditional neighborhood development (TND), New 911
Neighborhood Code requirements for underground utilities apply. (See § 272-309.2.1.) 912
§ 234-35. (Reserved) 913
Article IX. Permitting & Enforcement 914
915
§ 234-36. Building permits. 916
(Need to cross reference highlighted language into Cp 125) No building permit for any permanent 917
building within the subdivision or lot to be sold or developed shall be authorized until after the 918
subdivision plat has received final approval by the Planning Board, and the plat has been filed in 919
the office of the Tompkins County Clerk. All projects involving the construction of buildings shall 920
also comply with the provisions of Town Code, Chapter 125, Building Construction and Fire 921
Prevention. 922
§ 234-37. Enforcement, Appeals, and Waivers. 923
The Director of Code Enforcement, in consultation with the Director of Planning and Town 924
Engineer, shall enforce this Chapter. Any person aggrieved by any decision of any officer of the 925
Town charged with the enforcement of this Chapter may take an appeal to the Zoning Board of 926
Appeals pursuant to NYS Town Law § 267-a. The Zoning Board of Appeals shall follow the 927
procedures in NYS Town Law § 267-a. 928
§ 234-38. Penalties for offenses. 929
The Director of Code Enforcement, the Director of Planning, or Town Engineer, shall enforce this 930
Chapter. The term “Enforcement Official” refers to any or all of them. 931
932 A. Order to remedy. 933
1. If the Enforcement Official that there has been a violation of this Chapter, then the 934
Enforcement Official is authorized to issue an order to remedy; 935
2. An order to remedy shall be in writing; identify the property at issue; specify the 936
condition or activity that violates this Chapter; specify the provisions of this Chapter 937
which are violated by the specified condition or activity; and include a statement that the 938 violations must be corrected within 30 days after the date of the order to remedy (or, if 939
the violations are not reasonably capable of cure within 30 days, shall include a 940
statement that the owner, operator, or occupant must commence to cure such violations 941
within such thirty-day period and thereafter diligently and with continuity prosecute such 942
cure to completion in a period not to exceed 90 days after the Town's notice). The order 943
may direct the person served with the order to begin to remedy the violation(s) 944
immediately or within some other stated period of time that can be less than 30 days 945
after the date of the order; direct that compliance be achieved within the specified 946
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period of time; and shall state that an action or proceeding to compel compliance and/or 947
seek penalties, fines and/or imprisonment may be instituted if compliance is not 948
achieved within the specified period of time; 949 3. The order to remedy, or a copy thereof, may be served by personal service on the 950
owner, operator or occupant, by mailing by registered or certified mail sent to the 951
address set forth in the application for any permit or approval submitted to the Town or 952
to the property address, or by posting a copy thereof on the premises that are the 953
subject of the order to remedy and mailing a copy, enclosed in a prepaid wrapper, 954
addressed to the last known address of the owner as set forth in the Town of Ithaca 955
records, or if none, in the most recent tax roll available to the Town of Ithaca. The 956
Enforcement Official shall be permitted, but not required, to cause the order to remedy, 957 or a copy thereof, to be served on any tenant, lessee, or any other person or entity 958
taking part or assisting in actions regarding any structures or uses at the affected 959
property. Such service shall be made personally or by registered mail or certified mail; 960
provided, however, that failure to serve any person or entity mentioned in the preceding 961
sentence shall not affect the efficacy of the order to remedy. 962
963
B. Fines and imprisonment. Pursuant to NYS Town Law § 268, any individual, association, 964
organization, partnership, firm, corporation or other entity recognized by law that violates 965
any provision of this Chapter, any term or condition of a plat or of any approval issued 966
pursuant to this Chapter, or any term or condition of any order to remedy or other order or 967
notice issued by the Enforcement Official pursuant to any provision of this Chapter, shall be 968 deemed guilty of an offense, and upon conviction thereof shall be subject to a fine or 969
imprisonment (or both) as provided in § 268. Each week's continued violation shall 970
constitute a separate offense. 971 972
C. Civil penalties. In addition to any other remedies, any individual, association, organization, 973
partnership, firm, corporation or other entity recognized by law that violates any provision of 974 this Chapter, any term or condition of any plat or of any approval issued pursuant to this 975
Chapter, or any term or condition of any order to remedy or other order or notice issued by 976
the Enforcement Official pursuant to any provision of this Chapter, shall be liable for a civil 977
penalty of not more than $1,000 for each day or part thereof during which such violation 978
continues. The civil penalties provided by this subsection shall be recoverable in an action 979
instituted in the name of the Town of Ithaca; 980
981 D. Injunctions and court orders. An action or proceeding in the name of the Town of Ithaca 982
may be commenced in any court of competent jurisdiction to prevent, restrain, enjoin, 983
correct, or abate any violation of, or to enforce, any provision of this Chapter, any term or 984
condition of any plat or of any approval issued pursuant to this Chapter, or any term or 985 condition of any order to remedy or other order or notice issued by the Enforcement Official 986
pursuant to any provision of this Chapter. Such remedy shall be in addition to fines, 987
penalties, imprisonment, and other remedies otherwise prescribed by law (including by this 988
Chapter or by NYS Town Law). 989
990 E. Remedies not exclusive. No remedy, fine or penalty specified in this section shall be the 991
exclusive remedy, fine or penalty available to address any violation described in this 992
Chapter, and each remedy, fine or penalty specified in this section shall be in addition to, 993
and not in substitution for or limitation of, the other remedies, fines or penalties specified in 994
this section, or in any other section of this Chapter or other applicable law. Any remedy, fine 995
or penalty specified in this section may be pursued at any time, whether prior to, 996
simultaneously with, or after the pursuit of any other remedy, fine or penalty specified in this 997
section, in any other section of this Chapter, or in any other applicable law. 998
999
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Town of Ithaca, NY – Chapter 234: Subdivision of Land REVISED for COC mail out 3-12-2026
§ 234-39. (Reserved) 1000
Article X. Expiration of Subdivision Approval 1001
1002
§ 234-40. Conditions; procedures. 1003
A. Subdivision approvals shall expire in accordance with the provisions of NYS Town Law §§ 1004
276(7)(c) and 276(11). 1005 1006 B. In addition to expiration pursuant to subsection A above, subdivision approvals (both final 1007
and preliminary) shall expire and the permissible construction on the property shall revert to 1008
that which would otherwise be in effect in the absence of such subdivision approval, unless 1009
within 36 months from the date of the filing of the approved final subdivision plat: 1010
1. Work has materially commenced in accordance with the finally approved subdivision 1011
plat; or 1012
2. One or more lots have been transferred from the subdivider and the deeds for same 1013
duly recorded in the Tompkins County Clerk's Office. 1014
1015 C. For the purposes of Subsection B in this section: 1016
1. Work will not have "materially commenced" unless, at a minimum: 1017
(a) A building permit, if required, has been obtained for at least one structure in the 1018
subdivision; 1019 (b) Construction equipment and tools consistent with the size of the proposed work 1020
have been brought to and been used on the site; and 1021
(c) Significant construction of streets or utilities, or significant framing, erection, or 1022
construction of a material structure, has been started and is being diligently 1023
pursued. 1024
2. A lot will not have been "transferred" unless conveyed by a deed, duly executed and 1025
recorded in the Tompkins County Clerk's Office, to: 1026
(a) A person unrelated to the subdivider in a bona fide transaction for value; or 1027 (b) A person related to the subdivider or for less than reasonable value in accordance 1028
with circumstances related to the Planning Board as part of the subdivision 1029
approval (e.g., a subdivision where the intention is to convey a lot to a relative or to 1030
convey a lot to an adjacent landowner for less than full value). 1031
1032 D. In addition to the foregoing, subdivision approval for a subdivision requiring construction of 1033
streets, drainage courses, water or sewer lines, or other such facilities, shall terminate as to 1034
any un-transferred lots in the event that such facilities are not substantially completed within 1035
36 months of the date of the filing of the approved subdivision plat. 1036
1037 E. The Planning Board, upon request of the subdivider, and after a public hearing, may extend 1038
the time limits for such additional periods and upon such conditions as the Planning Board 1039
may reasonably determine. An application for such extension may be made at the time of 1040
filing of the original application or at any time thereafter up to, but no later than, six months 1041
prior to the expiration of the time limits set forth above: 1042
1. The Planning Board shall grant the request for such extension if the Board finds: 1043
(a) The imposition of the time limits set forth above in Subsections B and D would 1044
create significant hardship on the subdivider; and 1045
(b) There has not been a significant change in zoning, subdivision, engineering, 1046
environmental, or other relevant review requirements or standards since the initial 1047
approval or any subsequently granted extensions. 1048
2. For the purposes of this section, a "significant hardship" includes, but is not limited to: 1049
(a) A significant economic loss that the subdivider would suffer if an extension were not 1050
granted; or 1051
(b) The subdivider's inability to timely proceed because of: 1052
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Town of Ithaca, NY – Chapter 234: Subdivision of Land REVISED for COC mail out 3-12-2026
[1] A generally adverse economic climate; or 1053
[2] The subdivider's own economic circumstances have changed detrimentally; or 1054
[3] An adverse event or events in the subdivider's personal affairs. 1055 1056
F. In the event of any termination of subdivision approval pursuant to these provisions, the 1057
Planning Board or Director of Planning shall cause a notice of such termination to be 1058
delivered personally to the subdivider, or forwarded by certified mail, return receipt 1059
requested, to the subdivider at the last address for the subdivider on file at the Town of 1060
Ithaca Planning Department and shall cause a copy of such notice, together with an 1061
affidavit of service (personally or by mail) to be recorded in the Tompkins County Clerk's 1062
Office in Miscellaneous Records or other appropriate location. 1063
1064 G. Nothing in this section is intended to alter the effect of Town Law § 265-a on lots in a 1065
subdivision when zoning is changed to increase lot sizes or other requirements thereby 1066
rendering an existing subdivision's lots nonconforming. 1067 1068
H. In a regulating plan area for traditional neighborhood development (TND), New 1069
Neighborhood Code rules for expiration of subdivision approval apply. (Preliminary plat: § 1070
272-703.4.1; final plat: § 272-703.4.2.) 1071
1072
§ 234-41. (Reserved) 1073
1074
Town of Ithaca Codes & Ordinances Committee
DRAFT 2026 WORK PLAN
Town of Ithaca Code: https://ecode360.com/IT1944
Regulations in Process:
➢ HIGHEST PRIORITY: Complete Subdivision of Land Regulations (Town Code 234) for
Consistency with NYS Law (last amended 3-8-1993; on this list since 2007); also update
complementary Code sections (per Comp Plan Goals LU-1-A; LU-1-C; LU-1-E; MS-3-A)
Amending Existing Provisions in Town Code, other Chapters:
➢ Update Zoning regulations relative to Deposit or removal of fill and Principal uses authorized
by special approval only (Town Code Sections 270-217 and 270-28); examine solutions to
duplicative Planning Board Special Permit and Zoning Board Special Approval processes
➢ Amend Town Code Chapter 200 Parks and Recreation Areas to authorize deer management
program in Town preserves
➢ Update Town Code Chapter 173 Outdoor Lighting (last updated 2006) relative to color
temperature, LEDs, and updated technology
➢ Develop Institutional Zoning (Comp Plan Goals LU-5-A; LU-5-B) based on scope of work
prepared by Planning Committee (pending coordination with new City of Ithaca Zoning
Advisory Committee)
Regulations Completed in 2025:
➢ HIGH PRIORITY: Develop amendments to Accessory Buildings (Town Code Chapter 270),
requested by Zoning Board of Appeals, June 25, 2024
Other regulations in Process:
➢ Planning Committee – Revise Chapter 161? (freshwater wetlands)
➢ Planning Committee – Landmarks Preservation Commission, Comp Plan Goal LU-6-H
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