HomeMy WebLinkAboutCOC Packet 2026-06-10 � * TOWN OF ITHACA
1121 NEW YORK
PLANNING DEPARTMENT
215 N. Tioga St 14850
607.273.1747
www.townithacany.gov
6/4/2026
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—June 10, 2026
The next meeting of the Codes and Ordinances Committee is scheduled for Wednesday, June
10, 2026 at 5:30 pm in the Aurora Conference 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 May 4, 2026, COC meeting.
2. Redlined amendments to Revised Draft 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)
Nathan D.VanWhy,Attorney for the Town
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 Aurora Conference Room at Town Hall,
215 North Tioga Street, Ithaca, NY, on June 10, 2026, at 5:30 pm.
Members of the public may join the meeting via Zoom:
• Join Zoom meeting: https://us06web.zoom.us/i/87531393743
• Zoom meeting ID: 875 3139 3743
• Dial in phone: 929-436-2866
Meeting of June 10 - 5:30 P.M.
AGENDA
1. Member comments/concerns.
2. Review minutes from May 4, 2026 COC meeting.
3. Complete amendments to Revised Draft Subdivision of Land regulations (existing
regulations: https:-Z/ecode360.com/8660770.
4. Other business:
• Next meeting agenda.
Town of Ithaca Planning Department
June 4,2026
TOWN OF ITHACA
CODES AND ORDINANCES COMMITTEE (COC)
Meetingof f May 4, 2026—5:30 p.m.
Aurora Conference Room,Town Hall
DRAFT Minutes
Members Present: Susie Gutenberger-Fitzpatrick: Chair; Diana Sinton; Dave McCune; Eva Hoffmann;
Connor Terry; Vinny Ferrara.
Staff Present: C.J. Randall, Director of Planning; Christine Balestra, Senior Planner; Nick Quilty-Koval,
Planner; Marty Moseley, Director of Code Enforcement; Dana Magnuson, Senior Code Enforcement
Officer, and Susan Brock, Attorney for the Town.
Guests: Michael Phillips via Zoom.
The meeting was recorded on Zoom and live streamed on the Town of Ithaca YouTube channel.
Susie called the meeting to order at 5:32 p.m.
1. Member comments/concerns. None
2. Review minutes from April 9, 2026, COC meeting.
The Attorney for the Town read suggested changes aloud. On a motion made by Susie, seconded by
Diana, the April 9, 2026, COC minutes were unanimously approved as amended.
3. Continued review of Revised Draft Subdivision of Land Regulations,Article VII, specifically
§234-24 (F), line 727, page 15.
Planning staff prepared and included revised language for §234-24 (F)based on the discussion at the
previous COC meeting. Further revisions were made, shared on screen, discussed by the committee
and approved.
Page 16, item H, Flag lots. Staff explained that this section was relatively new, as the existing
subdivision regulations do not contain a provision related to flag lots. Marty added that ZBA
variances were often sought for flag lots in the past. The committee suggested that this approach may
give more structure for the Planning Board to consider.
Page 18,Article VIII. Infrastructure. The Town of Ithaca Complete Streets Policy was mentioned,
along with the development of the Site Design & Development Criteria Manual for developers to
have guidelines for road construction.
The committee discussed §234-32 Phased developments. Staff provided examples of past phased
developments that were still under construction 20 years later, and the pros and cons of authorizing
phased development.After more discussion, the COC suggested adding language to permit phasing
1
for developments larger than a specified number of lots (with staff to propose said number) along
with additional criteria like time limits and bonding/security requirements.
Marty noted that there was a slight language variation between §234-37 & §234-38 that should be
made consistent. Chris B will make sure lines 930 & 931 read the same as lines 924 & 925.
The COC concluded their review of each section of the revised draft Town of Ithaca Subdivision of
Land Regulations. It was noted that the process began in 2021/2022 to revise the regulations and that
a large amount of work has taken place in the interim. Staff were thanked for their work on the
document.
Next steps: Planning staff will revise the law per the COC instructions and present the final draft to the
committee at their June meeting. The draft will then be referred to the Town Board,who will refer it to
the Planning Board and Conservation Board, respectively, for comments. C.J. stated that if the Planning
and Conservation Boards have substantial comments or changes, the draft would come back to the
COC. Public outreach is anticipated in July or August, with a public event that may include guest
attendance by Conservation Subdivision Design author and expert Randall Arendt. If no major changes
come from the public engagement or other board review, the COC agreed that their Town Board referral
would stand without further review by the committee.
4. Other business:
Next meeting date: June 10, 2026.
Next meeting agenda: Final draft of the revised Town of Ithaca Subdivision of Land Regulations. The
resource mapper should be ready by July to be included and reviewed before the draft goes live.
The meeting adjourned at 6:53 p.m.
2
Chapter 234. Subdivision of Land
1 Revised from 311212026 version— for final COC review on 6-10-2026
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.
20 A. Other local regulations.Where any provision of this Chapter imposes restrictions that are
21 different from those imposed by any other local law or ordinance, regulation,or law,the
22 provision that is more restrictive or imposes the higher standard shall control. Unless
23 specified herein or in other Town Code chapters,procedural and other requirements
24 described in New York State(NYS)Town Law§§265-a,276,277,278,279,and
26 elsewhere in NYS laws shall apply to all 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 Bns within the Town of lthaGa must reGeive appFeval OR GGFRplianGe with this
41 Chapt r b8f9lFe being recorded in the office of the Tompkins County Cleru Commented[CB1]:B does not deal with applicability,
42 so moved it to§234-10(General Requirements for All
43 C B. This Chapter does not apply to property owned by the Town of Ithaca,or to the Subdivisions and Lot Line Adjustments)
44 Town's acquisition of property.
45
146 CThis 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 New York State or the Federal government,or a qualified not-for-profit conservation
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Town of Ithaca,NY—Chapter 234:Subdivision of Land
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Chapter 234. Subdivision of Land
49 organization,for open space purposes(as defined in NYS General Municipal Law§247)or
50 other parkland. Notwithstanding the foregoing,the following two sentences shall apply to
51 such subdivisions and re-subdivisions:Said lots must conform to zoning requirements or
52 have received the requisite variances.The resultant map shall be signed by the Director of
53 Planning and duly 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"and"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,
77 parks or a combination thereof,which has been subdivided into lots.
78 COMPREHENSIVE PLAN-A plan prepared by the Town Board, pursuant to NYS Town Law§
79 272-a,which indicates the general locations recommended for various land uses and for the
81 general physical development of the Town.
82 CONSERVATION EASEMENT—A restriction on the use of land,created in accordance with the
83 provisions of Article 49,Title 3 of the Environmental Conservation Law,for the purposes stated in
84 that Article, including conservation of open space,agricultural land,and sensitive environmental
85 resources,and conservation of natural,cultural, historic,or scenic resources.
87 DWELLING—A building designed or used primarily as the living quarters for one or more families.
88
89 DWELLING UNIT—A buildingDwelling,or portion of a bu4diagDwellin , providing complete living
�1 facilities for one family.) Commented[CB2]:Added a definition for"Dwelling"
92 EASEMENT—A rant b the property owner to the public,a corporation,an individual,or other because we need a use that word in the housing types
9 Y p p Y p P description in subsection F of the cluster subdivision
entity for the use or limitation of use of a strip or area of land for a specific purpose. section.The definition is identical to the corresponding
definition in the Zoning chapter.The changes to the
95 ENFORCEMENT OFFICIAL—The Director of Code Enforcement, Director of Planning,and/or Dwelling unit"definition make it identical to the
96 Town Engineer, corresponding definition in the Zoning chapter.
98 FINAI PI AT The subdivision map picepared OR aGGGFdaRGe with this Chapter WhiGh is signed by
99 th,—---. - --..Planning Board and filed On the effiGe of the County Glerk following final subdivision
8yapproval.
102
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Town of Ithaca,NY—Chapter 234:Subdivision of Land
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Chapter 234. Subdivision of Land
103 FLAG LOT—A type of lot that is shaped like a flag on a pole,with a narrow"pole"connected to a
a85 street extending into the larger"flag"part of the lot.
106 GROSS AREA-The amount of land in a subdivision before rights-of-way,parks,and permanent
a8K 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
Ill 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
118 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
other portion of a street, in which event the lot line is the street right-of-way line._ _ _ _ _ ____-_- Commented[CB3]:The"lot line'definition in Chapter
270 uses the word"public'before the first occurrence
123 LOT LINE ADJUSTMENT—Alteration of existing parcel boundaries between two or more existing and of"street".Use the identical definition in Chapter 234?
124 adjoining lots where no additional parcels are created and the other requirements of§234-13.13 are otherwise,lot lines for subdivision purposes are
IR met.This includes annexation of property to existing parcels.Lot Line Adjustments are not subdivisions. different than lot lines for zoning purposes,which will
be confusing to staff,applicants and the general public.
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
Bysubdivision 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
jigIndex pursuant to§239-y of the General Municipal Law.
138 PLANNING BOARD-The Planning Board of the Town of Ithaca.
39 PHASED DEVELOPMENT—A Land Development Activity(as defined in Town Code Chapter 228)
40 involving more than 29 lots, in which construction of public or private improvements proceeds in
41 stages on a schedule over a period of years,as established in the subdivision aapfeaed-approval
42 by the Planning Board. Phased development proposals shall include the submission of phased
43 development plans that clearly show proposed timing and phasing of buildings, parking,driveways,
44 streets edestrian was utilitiesgeneralized landscaped areas limits of disturbancegrading,
49 drainage,erosion,and sedimentation controls and other measures. _______________________ commented[CB4]:Staff-proposed definition
147 PLAT-The map,plan,or drawing on which a subdivider's plan of subdivision is presented to the
148 Planning Board for approval;the final plat, if approved and all conditions are met,will be submitted
198 to the County Clerk for recording.
151 RESOURCE ANALYSIS-The inventory and evaluation to identify resources to be protected from
152 development of a property, consisting of inventory maps, a written description of the land to be
153 subdivided,and an analysis of the conservation value of various site features(delineated by Class
54 1, Class 2,and Class 3,as described in§234-24.D).A Resource Analysis provides the bas
55
56 Gel^, ratio,,_erksheet(see definition below) and determines the number of acres permitted for
578 development and locations for structures.
159 SEQR-New York State Environmental Quality Review Act(Article 8 of the NY Environmental
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Town of Ithaca,NY—Chapter 234:Subdivision of Land
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Chapter 234. Subdivision of Land
161 Conservation Law and its implementing regulations at 6 NYCRR Part 617).
162 SITE CAPACITY CALCULATION-A method of determining the maximum number of allowable
I64 dwelling units the Planning Board may approve on any given site based on zoning requirements.
165 SITE CAPACITY CALCULATION WORKSHEET-A form approved by the Town Board for use in
166 calculating the development capacity of a site,completed and submitted by a subdivider in
199 connection with an application for a cluster subdivision.
169 SITE DESIGN AND DEVELOPMENT CRITERIA MANUAL-A manual of requirements and
170 minimum standards that shall be applied to proposed construction and/or areas that will involve
171 connections to existing municipal systems over which the Town has jurisdiction.Said manual,as
172 adopted by the Town Board,and as may be amended from time to time, may be obtained from the
I74 Town Engineer.
175 SKETCH PLAN-A conceptual drawing that outlines general,rather than detailed, subdivision
176 intentions.A sketch plan depicts the basic parameters of a subdivision proposal,which serves as
177 the basis for informal discussion and review of the general intentions of the subdivider with the
179 Planning Board.
180 STREET-A New York State,Tompkins County or Town road or highway,a road or highway shown
181 on the Town's Official Map,a street shown on a final plat approved by the Planning Board and
182 recorded in the Tompkins County Clerk's Office,or a street shown on a plat duly filed and recorded
183 in the Tompkins County Clerk's Office prior to the authority granted to the Planning Board to
184 approve such plats.A street that meets the definition in the preceding sentence but is designated
185 as a highway,thruway,road,avenue, boulevard,lane,drive, place,circle or otherwise is
199 nonetheless a"street"under this Chapter.
188 SUBDIVIDER-Any person,developer,firm,partnership,association,corporation,estate,trust,or
189 another entity or combination acting as a unit, undertaking the dividing of land so as to constitute a
INsubdivision as defined herein.This definition includes any applicant or agent of the subdivider.
192 SUBDIVISION-The division of any parcel of land into two or more lots, blocks,or sites,with or
193 without streets.Subdivision includes re-subdivision and,when appropriate to the context,shall
194 relate either to the process of subdividing or to the land subdivided.Subdivisions are classified as:
195 A. CLUSTER-A subdivision in which the otherwise applicable dimensional requirements in
196 the Zoning Chapter of Town Code are modified to encourage flexibility of design and
197 development of land in such a manner that the layout,configuration,and design of lots,
198 structures,driveways,streets, parks,trails and landscaping are designed to preserve
199 important natural resources and scenic qualities of the site.A cluster subdivision is
200 authorized by NYS Town Law§278 and this Chapter.
201 B. CONVENTIONAL-A subdivision that creates lots that meet all minimum lot size and area
02 dimensional requirements in the Zoning Chapter of Town Code,or that receives variances
03 for any deviation from such minimum requirements.
204 C. MAJOR-The division of any parcel of land into four(4)or more lots, any subdivision
205 proposed as a cluster development subdivision,or any subdivision(regardless of the
206 number of lots)involving any new street or the extension of public improvements.
�07 D. MINOR—The division of any parcel of land into up to three(3)lots and proposed as a
08 conventional subdivision fronting on an existing street, not involving any new street or the
2?9 extension of public improvements.
211 TOWN ENGINEER-The duly designated engineer of the Town of Ithaca or the engineering
212 consultant employed by the Town.
213
�14 §234-8. (Reserved)
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Town of Ithaca,NY—Chapter 234:Subdivision of Land
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Chapter 234. Subdivision of Land
215
216 Article III: Classification &
217 Procedures Applicable to All Applications
218
219 §234-9. Subdivision/Lot Line Adjustment Categories.
220 The following categories are found in this Chapter. Review procedures and submission
222 requirements for each category are set forth in each referenced article.
224 A. Lot Line Adjustments—Administrative review,Article IV.
226 B. Minor Subdivisions—Planning Board review,Article V.
22
227 C. Major Subdivisions-Planning Board review(including design standards for cluster and
228 conventional subdivisions),Article VI.
229 §234-10. General Requirements for All Subdivisions and Lot Line Adjustments.
230 All applications shall be submitted for approval in compliance with the applicable standards and
231 procedures set forth herein.
232
233 A. Pre-application meeting.All subdividers and applicants for Lot Line Adjustments are
234 required to attend a pre-application meeting with the Planning Department prior to
235 submitting an application for any subdivision or lot line adjustment.The pre-application
236 meeting is an opportunity for the subdivider/Lot Line Adjustment applicant to present and
237 discuss conceptual plans with the Planning Department, prior to committing any resources
238 to the preparation of an application. No statement,comment,or other communication made
239 during this informal review shall be binding upon any party. Pre-application meetings
240 include review of:
241 1. Application requirements,checklists,and procedures;
242 2. Conceptual subdivision designs for major subdivisions;
244 3. Town plans and policies concerning development.
245 B. Each category and phase of review has a corresponding checklist of submission
246 requirements.Subdividers/Lot Line Adjustment applicants must submit documents and
247 information for all review stages, per the relevant checklist(s).Checklists are approved by
NOTown Board resolution,which the Town Board may revise from time to time.
50 C_Plats for a4both subdivision categories and maps for Lot Line Adjustments,shall be
51 prepared and stamped by a New York State registered and licensed professional surveyor.
52
53 G-.D. All subdivisions and Lot Line Adjustments must receive approval in compliance with
55 this Chapter before being recorded in the office of the Tompkins County Clerk.
5556 D E. Where If a lot or lots in an approved subdivision haves been later consolidated,in
57 whole or in part,the-portion so consolidatedportion(s)shall not be re-subdivided without
58 undergoing the-a new subdivision review and approval process as;f it weFe a Rew
GHQ ,hrld y0s An.
261 t .F. The time periods listed in this law or in NYS Town Law 276,within which the
262 Planning Board must take action on a preliminary plat or a final plat, may be extended by
264 mutual consent of the subdivider and the Planning Board.
265 F_G. The Planning Board may waive any of the application provisions of this Chapter
266 when the strict application of such provisions would cause unnecessary or significant
267 hardship or practical difficulties. In waiving such provisions,the Planning Board shall
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Town of Ithaca,NY—Chapter 234:Subdivision of Land
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Chapter 234. Subdivision of Land
268 determine that the waiver will not significantly affect the purpose of subdivision control as
269 provided by this Chapter;and that the waiver will not impair the policy enunciated or implied
271 by the Town Board in adopting this Chapter's provisions.
272 G-.H. Any action or determination approving an application, in whole or in part,whether
273 final or preliminary,shall be revocable, in whole or in part,if the action or determination was
274 made in reliance on any misrepresentation,concealment,or other fraudulent act or
275 statement by the subdivider/Lot Line Adjustment applicant or was based on a mistake as to
276 a material matter.
277
78 §234-11. Public Hearings and Postings.
79
280 A. Public Hearings are required for Minor and Major Subdivisions(for both Preliminary Plats
282 and Final Plats).
284 B. Public Hearings are not required for Lot Line Adjustments.
286 C. Notice of public hearings shall be published in the official newspaper of the Town of Ithaca.
287 The law governing the publication of public hearing notices and the holding of public
288 hearings on preliminary and final plats is set forth in NYS Town Law§276.Advertising or
289 publishing the notice, in accordance with the provisions of NYS Town Law§276,is the only
BYnotice legally required.
292 D. In order to promote public information and participation in the subdivision approval
293 procedures, public notice shall be posted by the subdivider in accordance with,and shall be
294 governed by the provisions of,Town Code§270-237(A)through(F)posting of notices. .
295 Regardless of whether the subdivider posts the notice,the Planning Board shall comply
296 with the timing requirements in NYS Town Law§276 for public hearings and decisions on
297 Preliminary Plats and Final Plats.
298
�99 §234-12. (Reserved)
300
301 Article IV: Lot Line Adjustments
303 §234-13. Procedures.
304 Applications for Lot Line Adjustments shall be made to the Planning Department via the Town's
305 digital online application program and shall consist of documentation listed on the relevant
307 checklist.A summary of Lot Line Adjustment procedures includes:
309 A. Classification and general application requirements, pursuant to Article 111 above.
310 B. Criteria to determine if proposal is a Lot Line Adjustment:
311 1. All lots are contiguous;
312 2. The result of the adjustment does not create new additional lots;
313 3. The result does not create any new nonconforming lots,or enlarge or increase the
314 nonconforming aspect of any legally existing nonconforming lot;
315 4. A property split off from a parcel will be transferred to the contiguous lot owner(if
316 different)and consolidated with the contiguous lot;
317 5. None of the lots require site plan or special permit approval by the Planning Board,or
318 variances or special approval by the Zoning Board of Appeals;
019 6. The adjustment is not part of a larger development plan,,and does not result in the
320 piecemeal subdivision of a larger project;and
922 7. No more than five acres in the aggregate are proposed to be transferred.
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Town of Ithaca,NY—Chapter 234:Subdivision of Land
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Chapter 234. Subdivision of Land
323 C. The Director of Planning and the Director of Code Enforcement shall review applications for
324 lot line adjustments to ensure that the proposal:
325 1. Creates lots that conform to the Town Code,Chapter 270,Zoning;
326 2. Creates buildable lot conditions;and
328 3. Existing conservation and agricultural easements remain in effect.
329 D. The Director of Engineering shall review the proposal to ensure that relevant municipal
330 easements,stormwater facilities, and other public or private utilities and other infrastructure
332 remain accessible and operable.
333 E. The Director of Planning shall have 30 days from the date the application is deemed
334 complete to approve or deny an application for a Lot Line Adjustment. If the application is
335 approved,the Director of Planning shall stamp and sign the survey map.The applicant shall
336 then file the survey map with the Tompkins County Clerk,along with the corresponding
337 deed effecting the Lot Line Adjustment, if property is being transferred.
338
�39 §234-14(Reserved)
340
341 Article V: Minor Subdivisions
342 §234-15. Procedures.
343 Minor Subdivisions shall be considered for a single-stage review by the Planning Board.The
344 subdivider does not submit a preliminary plat,and the Planning Board considers only a final plat.A
Rigsummary of minor subdivision procedures includes:
RIKA. Classification and general application requirements, pursuant to Article III above.
349 BProcess and submission requirements,which include all documentation and information
350 required for final plats as specified in§§234-19 and 234-20 of this Chapter and listed on
351 the relevant final plat checklist.[Chris e note:Provide link]A subdivider may voluntarily opt to
53 submit a sketch plan for a Minor Subdivision.
99 6-C. Public hearing requirements,pursuant to§234-11.
56 G-.D. Planning Board n4 st-n findings and a decision,pursuant to§234-21 below. Commented[CB6]:Staff noticed missing section-
358 9-.E. The submitted plat drawing shall be marked as final and shall include a note that no added and re-lettered
359 preliminary subdivision review was required.
360
361 §234-16. (Reserved)
362 Article VI: Maior Subdivisions
363 §234-17. Procedures.
365 A summary of major subdivision procedures and requirements includes:
366 A. Classification and general application requirements, pursuant to Article III above.
368 B. Process and submission requirements,which consist of three main stages:the sketch plan
369 review,the preliminary subdivision review,and the final subdivision review.§234-18,§234-
370 19,and§234-20 describe items that should be included and considered with each particular
Ereview stage.
R73 C. Public hearing requirements,pursuant to§234-11.
74
R7gD. Planning board findings and decision, pursuant to§234-21.
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Chapter 234. Subdivision of Land
377 E. Subdivision Design Standards, pursuant to Article VII below.
378
379 §234-18. Sketch Plan Review.
380 A Sketch Plan shall be submitted for review by the Planning Board for any proposed Major
381 Subdivision.A sketch plan shall be clearly marked as such and include documentation listed on the
383 relevant sketch plan checklist.
384 A. It is the responsibility of the subdivider to provide a sketch plan that depicts a reasoned and
385 viable proposal for subdivision and subsequent development of the lot(s).
387 B. Planning Board members may suggest modifications to but shall not approve or disapprove
388 a sketch plan.Comments made by individual Board members during a sketch plan review
389 shall not be interpreted as constituting approval or disapproval by the Board, nor shall they
390 be interpreted to limit the scope of any subsequent review or approval of a future plan.
�91
392 §234-19. Preliminary Subdivision Review.
393 The procedure for Preliminary Subdivision Review shall be as provided for in this Chapter and
094 (except to the extent superseded by this Chapter)NYS Town Law§§276 through 278,as they
395 may from time to time be amended.All necessary information shall be in full compliance with the
47 provisions of Town Law and this Chapter.
398 A.The subdivider shall submit to the Director of Planning or their designee all materials as
400 specified by the Preliminary Subdivision checklist
401 B. In addition,the subdivider shall furnish such information,data,maps, reports or other
402 documents which the Town or the Planning Board may require for the environmental review
403 procedures, including all applicable requirements of the New York State Environmental
404 Quality Review Act(SEQR)and Chapter 148, Environmental Quality Review,of the Town of
405 Ithaca Code,as they may be amended from time to time,or any other applicable rule,
406 regulation,code,or law.An application for preliminary subdivision review shall not be
407 deemed complete until a negative declaration has been filed or until a notice of completion
408 of the draft environmental impact statement has been filed in accordance with the provisions
409 of SEQR.The time periods for reviewing a preliminary subdivision application shall begin
410 upon filing of such negative declaration or such notice of completion.
411 §234-20. Final Subdivision Review.
12 The procedure for Final Subdivision Review shall be as provided for in this Chapter and(except to
13 the extent superseded by this Chapter)Town Law§§276 through 278,as they may from time to
414 time be amended.All necessary information shall be in full compliance with the provisions of Town
WLaw and this Chapter.
417 A.The subdivider shall submit to the Director of Planning or their designee all materials as
118 specified by the Final Subdivision checklist.
420 B. In addition to following the procedures in Town Law§§276 through 278,the subdivider shall
421 also comply with the provisions of the following subsections:
422 1. (a)For all streets,sidewalks,open space, utilities,and other public improvements that
423 the subdivider proposes to be conveyed to the Town as public property,the
424 subdivider must make formal offers of dedication to the Town of such land,open
425 space and improvements, in a form acceptable to the Town Board.Approval of the
426 plat by the Planning Board shall not constitute acceptance by the Town Board of
427 any streets,sidewalks,open space,or other public improvements.The mere act of
428 offering dedication shall not create any presumption that the Town has accepted
8
Town of Ithaca,NY—Chapter 234:Subdivision of Land
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Chapter 234. Subdivision of Land
299 the same.Additional information related to dedication of the above can be found in
31 234-28,and in Article VIII of this Chapter(Infrastructure).
432 (b)All such offers are nonrevocable(or, if the Town Board expressly authorizes or
433 declares them to be revocable,then irrevocable for 365 days after the filing of the
434 final plat with the County Clerk's Office),and each such street,sidewalk,open
435 space, utility,or other public improvement shown on the final subdivision plat shall
436 be deemed to be private until such time as each of the same has been formally
437 accepted by the Town.
438
439 (c)The subdivider shall,for all lots or areas marked for future use or dedication,
440 provide to the Town title documents and conveyances of title or rights-of-way or
441 easements,as applicable or required, in a form acceptable to the Town's attorney,
4422 together with such tax searches,abstracts,resolutions,or other documents as
444 such attorney may reasonably require to verify good title.
445 2.The subdivider shall obtain and file with the Planning Board any required approval from
446 the Tompkins County Whole Health or successor agency,indicating satisfactory design
448 compliance with the realty subdivision provisions of the County Sanitary Code.
449 C. In a regulating plan area for traditional neighborhood development(TND),additional and
IN different requirements for final subdivision approval apply.(See§272-803.4.)
452 D.The final approved plat shall show approved locations for intensive development, approved
453 locations for less dense development,and any lands that will be protected by conservation
#54 easement and/or plat notations,as determined by the Planning Board based on the
455 Resource Analysis required by§234-24.D._________________ Commented[CI37]:Language in red added Per CDC
456
457 §234-21. Planning Board findings and decision.
458 Planning Board decisions regarding subdivisions shall be accompanied by findings about whether
459 the following standards have been met,where applicable, in accordance with the policy statement
460 in Article I,§234-1 and,for Major Subdivisions,the Resource Analysis in Article VII,§234-24.D:
462 A.The proposal complies with the Town's adopted Complete Streets Policy and Site Design
463 and Development Criteria Manual.
4465 B.The proposal clearly and accurately shows buildable areas and describes any proposed
466 development.The arrangement, location, and width of streets and sizes of lots are
467 adequate,and particular attention has been given to their relation to the topography of the
498 land and the natural and cultural resources of adjoining lands.
470 C. Where site plan review is required by§270-184,or the subdivision creates more than
471 twenty five(25)lots,the exterior characteristics of proposed structures shall demonstrate
472 consistency with objective architectural design principles, including but not limited to:
473 balance,connection,contrast,emphasis,form,grouping,pattern, placement, proportion,
474 rhythm,scale, unity,and variety. In making this finding,the Planning Board will not
475 prescribe a particular architectural style but shall ensure that structure design avoids visual
476 monotony,excessive bulk,or discordant forms that undermine the Town's Comprehensive
477 Plan goals.The Planning Board's review shall focus on:
478 1. Compatibility with surrounding context(including prevailing form,scale,massing,
479 and materials);
480 2. Visual cohesion among structures within the subdivision;and
481 3. Alignment with any adopted Town design guidelines or neighborhood regulating
483 plans.
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Town of Ithaca,NY—Chapter 234:Subdivision of Land
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Chapter 234. Subdivision of Land
484 D. The proposed lots and development have provided for sufficient space for on-site vehicular
485 and bicycle parking,for loading and unloading and similar activities,and for adequate
199 emergency access.
488 E.The proposal minimizes potential for flood damage to proposed improvements and adjoining
489 properties and complies with Chapter 157 of the Town of Ithaca Code, Flood Damage
INPrevention.
492 F. Proper provision has been made for stormwater management, in compliance with current
493 NYSDEC requirements and Chapter 228 of the Town of Ithaca Code,Stormwater
495 Management and Erosion and Sediment Control.
496 G.The proposal provides for safe and sufficient water supply, proper sewage disposal,and
497 proper access to other available utilities such as electric and telephone.
499 H. For cluster subdivisions,and to the extent practicable,the subdivision has been designed
500 and maintained to ensure that the conservation assets identified on the site in the Resource
5K Analysis retain their qualities,and the subdivision has avoided fragmentation of such assets.
503 I. For conventional subdivisions,and to the extent practicable,the proposal preserves and
504 protects any sensitive environmental characteristics on the site, including wetlands,streams,
505 steep slopes,threatened or endangered plant or animal species,trees with diameter-at-
506 breast-height(DBH)of 10-12 inches or more for softwoods and 5-6 inches or more for
�07 hardwoods,cultural and historic resources,scenic resources,and other such irreplaceable
508 assets. Provision has been made for maintaining existing known ecological corridors to
510 mitigate any adverse environmental impacts and to sustain biodiversity.
511 J. Pursuant to NYS Town Law§277 and Article VII,§234-29(Reservations of parks and
512 recreational lands),park areas of suitable location,size and character for playground and
513 other recreational or open space purposes have been shown on the subdivision plat,if
514 required by the Planning Board. Provision has been made for the adequate permanent
515 reservations of open space, pedestrian trails,viewing areas,and parks;and such areas
5516 have been shown on the plat.
518 K.Subdivision proposals located within an Agricultural Zone have complied with the density
520 limitations and limitations on subdivisions listed in Chapter 270,Zoning,§270-35.
521 L. Subdivision proposals located within a Conservation Zone have complied with the density
522 limitations and limitations on subdivisions listed in Chapter 270,Zoning,§270-20.
523
�24 §234-22. (Reserved)
525
526 Article VII: Subdivision Design Standards
�27
528 §234-23. General procedures.
529 A. All major subdivisions shall be subject to design standards.Cluster subdivision is required
530 in all cases of new major subdivisions and re-subdivisions, unless:
31 1. The subdivision is located within the High Density Residential Zone,or
32 2. The subdivision falls under the 234-24.C.1 exception,or
34 3_The Planning Board approves a conventional plat, pursuant to§234-24.C.2.
535 B. Cluster subdivisions are not required for minor subdivisions and are prohibited in the High
536 Density Residential Zone.Subdivision design standards for conventional subdivisions are
R39 listed in§234-26.
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Town of Ithaca,NY—Chapter 234:Subdivision of Land
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Chapter 234. Subdivision of Land
539 C. In a proposed or approved regulating plan area for Traditional Neighborhood Development
540 (TND),the New Neighborhood Code applies additional and different requirements for
541 thoroughfare and street types and patterns, parks and preserves,lot arrangement,and
542 other aspects of 1)neighborhood design,2)the public realm,and 3)subdivision review and
543 approval.(See§§272-301 through 272-310,272-403,272-702.3,272-802,and 272-803.
544
545 §234-24. Cluster subdivisions.
546 Clustering permits flexibility in the development of land and results in a concentration of occupancy
547 or use in a particular area of land and space,which encourages the preservation of available open
548 space and reduces the cost and maintenance of public improvements.Submission requirements
549 for cluster subdivisions are required per the cluster subdivision checklist,as adopted by Town
550 Board and amended from time to time,along with design steps,review steps,and calculation
552 procedures enumerated below:
�53 A. Purpose and applicability.The purpose of cluster subdivision regulation is to:
554 1. Achieve a balance between well-designed development and meaningful open space
555 conservation/natural resource protection;
556 2. Encourage conservation and development in the most appropriate locations on a
557 subdivided parcel,limit the impact of development on sensitive and/or significant
558 natural,agricultural,scenic,cultural,and historic resources,and encourage
559 development that enhances the Town's character, pattern and scale of settlement;
560 3. Allow for residential development on lots that are smaller than would otherwise be
561 permitted in the applicable zoning district in exchange for the protection of conservation
562 assets identified in the Town's Open Space Index;
563 4_Encourage the placement of lots and design of the transportation network in a manner
564 that results in the more efficient provision of infrastructure and delivery of public
65 services and that supports a walkable and socially cohesive residential community.
66 4.5. Cluster development is applicable in all residential zoning districts,except High
67 DensitV Residential with additional special considerations in the Agricultural and
Conservation Zones B.3 below). _-- Commented[CB9]:Add per Susan Brock's
278
570 B. Cluster general design standards and procedures. recommendation to comply with s Town Law§
(2)(a):"Such local law or ordinancece shall also specify
571 1. The minimum gross area for any cluster subdivision proposal shall be five acres; the zoning districts outside the limits of any
72 2 n ,.iu ster development sketch.GRGept plan shall he submitted,On addition to a incorporated village in which cluster development may
73 anyprepes d pi--o+er o- hdo.,ioi�n (The number of be applicable."
74 dwelling units permitted in a cluster subdivision shall be determined as described in
75 Town Law&278.To illustrate the number of dwelling units that can be accommodated
76 on the site,the subdivider must submit a sketch plan of a conventional subdivision in
77 which all lots comply with the minimum requirements permitted bV Zoning.The Site
78 CapacitV Calculation Worksheet will assist subdividers with calculating the number of
79 dwelling units permitted,based on the conventional subdivision and following the
80 requirements in the Resource Analysis�234-24.D.5. ------------------------------------- Commented[CB10]:This was letter"F"in 234-24-
581 3. Proposals located within an Agricultural Zone must comply with the special density revised per COC and moved per staff be it makes more
582 limitations and limitations on subdivisions listed in Chapter 270,Zoning,§270-35. sense here
583 Proposals located within a Conservation Zone must comply with the special cluster
584 provisions listed in Chapter 270,Zoning,§270-20;
585 4. A cluster subdivision must be designed and maintained to avoid fragmentation of
586 conservation assets and to maintain wildlife corridors that connect significant ecological
587 communities;
588 5. Existing vegetation shall be preserved during development to the fullest extent possible,
589 including prevention of the introduction of invasive species(see Resource Analysis
590 provisions below); movement or parking of vehicles and equipment in proposed
11
Town of Ithaca,NY—Chapter 234:Subdivision of Land
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Chapter 234. Subdivision of Land
591 conservation areas is prohibited under the canopy/dripline of trees with 1 W-12"
592 diameter at breast height for softwoods and 5"-6"diameter at breast height for
593 hardwoods.The Planning Board may require such trees to be protected with temporary
594 fencing at the driplines during construction;
595 6. The boundaries and alignment of existing streams shall be preserved unless a change
596 complies with Town Code§270-219.5(stream setback). Land areas subject to flooding
597 that may be a danger to health,life or property,or may exacerbate an existing flood
598 hazard,shall not be plotted for residential uses. Such land areas shall be noted as
599 "undevelopable"on the plat;
600 7. The Planning Board may entertain an application for the cluster subdivision of a portion
601 of a parcel if a Resource Analysis is provided for the entire parcel.The approval to
602 develop a portion of the parcel is not a basis for the subdivider or successor in interest
603 to subsequently request an exception under Subsection C(2)for the remainder of the
604 parcel.
605
606 C. Exceptions.
607 1. The Planning Board may allow, but shall not require,a cluster subdivision if the total
608 acreage of land to be subdivided is less than five acres in size.Cluster subdivisions are
609 not required for minor subdivisions on a parcel of any size.
610 2. The Planning Board may allow and may approve a conventional subdivision plat if the
611 Board determines that there is no reasonable basis for requiring a cluster subdivision.
612 For the Planning Board to make such a determination,the Planning Board must find the
613 following:
614 (a) The land contains no or limited resources with conservation value or that are listed
615 in the Town's Open Space Index;or
616 (b) The total acreage under consideration is too small to preserve a substantial
617 amount of land with conservation value(this criterion shall not be evaded by
618 piecemeal subdivision or lot line adjustment of larger tracts);or
619 (c) The subdivider has made a clear and compelling case that proves that a
620 conventional subdivision will better implement key Comprehensive Plan goals and
621 policies than a cluster subdivision(e.g., a conventional subdivision will better
623 preserve/protect environmentally,agriculturally,and visually sensitive areas).
624 D. Resource Analysis.
625 1. As part of its Preliminary Subdivision Review submission,a subdivider shall prepare a
626 Resource Analysis,consisting of inventory maps,a written description of the land, an
627 analysis of the conservation value of various site features,and an explanation of how
628 the built environment and natural features will be integrated through the design of the
629 cluster subdivision.
630 2. The Resource Analysis shall describe the current and potential conservation value of all
631 land on the site. In the course of its preliminary subdivision review,the Planning Board
632 shall apply the data in the Town of Ithaca Open Space Index and shall determine which
633 open space and conservation assets are present and should be considered for
634 preservation.
635 3. The outcome of the Resource Analysis and the Planning Board's determination shall be
636 incorporated into any approved preliminary plat.The preliminary plat shall show
637 preferred locations for intensive development,acceptable locations for less dense
638 development,and any lands that should be protected by a conservation easement
639 and/or plat notation.The cluster subdivision must be designed to protect the
640 conservation assets proposed to be preserved from future disturbance due to
641 incompatible development,changes in ecological function or other impacts associated
642 with development of the site.
12
Town of Ithaca,NY—Chapter 234:Subdivision of Land
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Chapter 234. Subdivision of Land
643 4. The Planning Board shall make written findings identifying the specific conservation
644 values protected and the conservation findings supporting such protection.An
645 application that does not include a complete Resource Analysis sufficient for the
646 Planning Board to make its findings shall be considered incomplete.
647 5. The Resource Analysis must identify and delineate all"Class 1,""Class 2,"and"Class
649 3"assets,as described here:
650 (a) Class 1 assets:Constrained or unbuildable lands(see Figure 1).Constrained or
651 unbuildable lands are areas described in[1]through[9]below,or that are unsuited
652 for development due to Federal, State or Town regulations,deed restrictions,
653 easements,or other physical or legal limitations to development.The area of these
654 lands will not count in the determination of the maximum number of lots that would
655 have been possible in a conventional subdivision.Class 1 assets include:
656 [1]Parcels located entirely within a Critical Environmental Area(CEA),as defined by
657 the NYS Department of Environmental Conservation(DEC);and areas within 100
658 feet of a CEA;
659 [2]Endangered and Threatened plant or animal wildlife communities last identified
660 on the site within the last 50 years,as identified by the NYS DEC's Natural
661 Resources database and EAF Mapper Program;or by a licensed
662 biologist/botanist;
63 [3]Wetlands that require a permit from the Army Corps of Engineers and/or NYSI-------- commented[cB11]:Changed per COC
64 DEC to comply with th^^"igle_2 F-fesh,.,ateF W tland6 ^^.prevailing Federal Or
65 State wetlands regulations Commented This change still does not
address the facctt that
hat ACOE Nationwide Permits allow
666 [4]Areas of Special Flood Hazard,as depicted in the Town of Ithaca Flood for certain development(see below).Does the Town
667 Insurance Rate Map(FIRM); want to classify as unbuildable any wetland listed in the
668 [5]Slopes of 40%or more,and Major Rock Gorges,as described in the Town Open National Wetland Inventory,regardless of the proposed
669 Space Index; area of disturbance?
670 6 Highly Erodible Soils,as identified b the USDA Natural Resources Conservation From the Army C rps of
[ ] 9 Y Y The U.S.Army Corps of Engineers issues Nationwide
671 Service or similar or other successor agency; Permits(NWPs)to authorize certain activities that
672 [7]Old-Growth Woods(over 100 years old),as described in the Town Open Space require Department of the Army permits under Section
673 Index; 404 of the Clean Water Act and/or Section 10 of the
674 [8]Land within any of the following:25 feet of the Ordinary High Water Level of Rivers and Harbors Act of The NWPs authorize
indi
activities that have minimal individual and cumulative
675 Cayuga Lake,as defined in Town Code§270-5; 100 feet of the center of any adverse effects on the aquatic environment.The NWPs
676 stream classified as Class C or higher by the NYS DEC;or the minimum stream authorize a variety of activities,such as aids to
677 setback widths per Town Code§270-219.5,regardless of drainage area; navigation,utility lines,bank stabilization activities,
678 [9]Land within an existing or proposed stormwater management facility,occupied by road crossings,stream and wetland restoration
activities,residential developments,mining activities,
679 existing or proposed public or private streets, public utility structures or commercial shellfish aquaculture activities,and
680 improvements,or within portions of easements/rights-of-way where development agricultural activities.
681 is not allowed.
13
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
ware
Parklantl
Figure 1:Parcel in green, "Class 1"
assets labeled(steep slopes, wetlands,
682 old growth forest)
683
684 (b) Class 2: Priority conservation assets(see Figure 2).Class 2 assets are the following
685 identified in the Town Open Space Index,exclusive of any assets classified as Class 1:
686 [1]Land that includes rare or vulnerable ecological communities,as defined in the
687 DEC's New York Natural Heritage Program;
688 [2]Mature Woods"Greater Than Five Acres,"as described in the Open Space
689 Index;
690 [3]Agricultural land that was farmed within the past two years,and with soils defined
691 as Class I or Class II by the USDA Natural Resources Conservation Service or
692 similar or other successor agency;
693 [4] Riparian buffers,measured an additional 50 feet beyond the 100-foot stream
694 centerline measurement for Class C or higher streams included in Class 1 lands,
695 and regardless of drainage area noted in Town Code§270-219.5;
696 [5]Slopes of at least 15%and less than 40%.
697 [6] Historic or indigenous sites within or adjoining the site that are designated as
698 sensitive for archaeological sites on the New York State Historic Preservation
699 Office archaeological site inventory.
Class 2: Class 2:
Mature woods Riparian buffer
vacam nor
stare
varklana
Figure 2:Same parcel in green, "Class
2"assets labeled(mature woods,
700 riparian buffer)
701
702 (c) Class 3:Secondary conservation assets(see Figure 3).Class 3 assets include the
703 following identified in the Town Open Space Index,exclusive of any assets classified as
704 Class 1 or Class 2:
�05 [1]Land including or adjeinir}g-immediately adjacent to historic sites that are listed, commented[ci312]:Changed per COC
706 or are eligible to be listed,on the National and State Registers of Historic Places,
707 or are included in the Town Limited Historic Commercial Overlay District;
14
Town of Ithaca,NY—Chapter 234:Subdivision of Land
Draft for COC final review 6-10-2026
Chapter 234. Subdivision of Land
708 [2]Agricultural land that was farmed within the past two years;
709 [3]Land within a Tompkins County Unique Natural Area(UNA)and areas within 100
710 feet of a UNA;
711 [4]Land on the Tompkins County Scenic Resource Inventory lists of"Distinctive"
712 and"Noteworthy"views;or the Town of Ithaca Scenic Resources Inventory list of
713 "Scenic Views of Local Significance"and"Noteworthy Scenic Views";
714 [5]Recreational resources, publicly accessible open space,and lands that provide
715 connectivity to public land,as noted in the Town's Park, Recreation,and Open
716 Space Plan and Open Space Index, respectively;
717 I[6]Areas within 100 feet of a New York State park,or within 50 feet of a Town
18 park/preserve, Finger Lakes Land Trust preserve,or Nature Conservancy
19 preserve;and Town-held conservation easements.i............................. Commented[Ci313]:Added per COC
720
Class 3: Class 3:
Recreational Open Space Areas within 100 feet of a
New York State Park
Vacant Lot
—State
Parkland
Figure 3:Same parcel in green, "Class 3"
assets labeled(areas within 100ft of a NYS
7221 Park,recreational open space)
724 E.Calculation methodology to determine required open space and conservation assets in
725 cluster subdivisions, based on Resource Analysis(see Figure 4 below).
726 1. Minimum open space preservation requirement-At least 40%of the area of the parent
727 parcel must be preserved as open space.The preserved land must include:
728 (a)All Class 1 assets;
729 (b)At least 80%of all land that contains Class 2 assets;and
730 (c)At least 40%of the land that contains Class 3 assets;
731
732 2. Connections to adjoining land.The subdivision design must incorporate any connections
733 between conservation assets on and adjoining the site to maximize their functional value
734 as contiguous biological corridors or other types of land connections listed in the Open
735 Space Index.
736
15
Town of Ithaca,NY-Chapter 234:Subdivision of Land
Draft for COC final review 6-10-2026
Chapter 234. Subdivision of Land
Unbuildable
Lands(blue) -.0111111111—
sa
aaniam
Buildable Lands w�-=
(green&open space)
P,W,d
Parcel r 1,.g %$
urklanJ
37
738 Figure 4:Same parcel with all preserved assets at required percentages(100%of Class 1 assets,
739 80%of Class 2 assets, and 40%of Class 3 assets). Buildable areas are shown in green.
740
741 F. Housing types,area and dimensional requirements, building heights in cluster subdivisions.
742 1. Notwithstanding the requirements of the zoning district,residential development as part
743 of a cluster subdivision may include one-family dwellings,two-family dwellings,and
744 townhomes and apartment buildings with a maximum of up to six dwelling units per
745 building.
746 2.Area and dimensional requirements:
747 (a) The Planning Board may waive requirements for minimum lot sizes and setbacks
748 that would otherwise apply to residences in the zoning district.The Planning Board
749 may not waive maximum sizes for accessory dwelling units(ADUs);
750 (b)Appropriate lot sizes will be determined by the Planning Board after careful
751 consideration of all site characteristics and development requirements.Within areas
752 not served by public water and sanitary sewer service,minimum lot sizes shall be
753 determined with regard to specific site characteristics and public health and safety
754 concerns and requirements in consultation with Tompkins County Whole Health;
755 (c)The subdivider shall specify lot sizes,and other lot dimensions and building setbacks
756 to be incorporated into the final plat. Lot dimensions and building setbacks must be
757 based on careful consideration of all site characteristics and development
758 requirements;
759 (d)Setbacks between any residences and parcels adjoining the cluster subdivision must
760 be at least the minimum setback required in the zoning district for single-family
761 residences.
7F3 (e)Maximum height limits in the zoning district shall apply.
764 G. Flag lots. Flag lots are permitted in limited applications in subdivisions to avoid extending
765 streets further than necessary.The following standards shall apply:
766 1. No more than two contiguous flag lots shall be created.Whenever practicable, adjoining
767 flag lots should be platted in a manner that encourages shared driveway access points
768 along streets shown on the Official Town Map.
769 2. Flag lots shall comprise no more than 10 percent of all lots in the subdivision.
770 3. The access strip of a flag lot shall be owned by the owner of the main portion of the flag
16
Town of Ithaca,NY—Chapter 234:Subdivision of Land
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Chapter 234. Subdivision of Land
771 lot and shall extend to an existing street shown on the Town's Official Map.The access
772 strip shall serve as the primary access for the lot.
773 4. The access strip shall have a minimum width of 20 feet.The width shall be increased as
774 necessary to contain all grading for the driveway within the access strip.
775 5. The access strip shall have a maximum length of 200 feet.
776 6. The minimum lot area of the flag lot shall be calculated exclusive of the access strip.
777 7. In areas where agriculture is the predominant land use,flag lots should be located on
778 the least productive agricultural lands and be configured to minimize interference with
779 the agricultural use of the remaining lands.
780
781 §234-25. (Reserved)
782
783 §234-26. Conventional subdivision design standards and procedures.
784 Submission requirements for conventional subdivisions are required per the Preliminary and Final
785 Subdivision checklists,along with the review steps and procedures enumerated below.
786 Conventional subdivisions do not require a Resource Analysis,conservation easement,or plat
787 notation.Rather,the area,width,depth,and orientation of lots shall be appropriate for the location
R8 of the subdivision and for the type of development permitted by Chapter 270,Zoning.
790 A. Minimum lot areas and dimensions shall be as established in Chapter 270,Zoning,and
792 Chapter 271,Zoning:Special Land Use Districts.
793 B. Where any lot is proposed to be served by an individual sewage disposal system,the
794 minimum dimensions of each lot shall be determined by Tompkins County Whole Health,
795 except that no such lot shall have an area of less than 30,000 square feet.Tompkins County
796 Whole Health may require the subdivider to provide acceptable percolation tests or impose
7978 other requirements for lots to be served by individual sewage disposal systems.
799 C. Buildable areas must be indicated on the preliminary and final plats. Buildable areas must
800 conform to setback requirements in the underlying zoning district,and all subdivisions must
801 conform to the stream setback requirements in Chapter 270,Zoning,and to any other
981 required buffer zones.
804 D. The lengths,widths,and shapes of blocks shall be determined with due regard to the
805 provision of building sites suitable to the special needs of the type of uses contemplated,
806 need for convenient access,circulation,control and safety of street traffic,solar access and
807 the limitations and opportunities of topography. Residential blocks shall not be more than
808 1,200 feet in length,except as the Planning Board determines necessary to secure efficient
809 use of land or to achieve desired features of the transportation system;measurement of
810 block length shall be between property lines. Blocks shall comply with the Town's Complete
812 Streets Policy and Site Design and Development Criteria Manual.
813 E. In a proposed or approved regulating plan area for traditional neighborhood development
814 (TND), New Neighborhood Code requirements for thoroughfare and block pattern and lot
815 siting apply. (See§§272-306 and 272-403.23.)
816
817 §234-27. (Reserved)
818 §234-28. Reservation of land for public utilities.
819 A. Whenever a subdivider proposes easements or land that includes all or part of the proposed
820 site for a public utility,the Planning Board shall submit the proposed plat to the public body
821 responsible for acquiring the land for the site before approving the preliminary plat of the
822 subdivision.
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Town of Ithaca,NY—Chapter 234:Subdivision of Land
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823 Chapter 234. Subdivision of Land
824 B. No proposed dedication by the subdivider for a Town of Ithaca easement or street or other
825 public use shall be shown on a final plat unless the Town Board authorizes acceptance of
0 the concept and location of such dedication prior to final subdivision approval.
828 C. In a proposed or approved regulating plan area for traditional neighborhood development
829 (TND),additional and different requirements for land reservation and dedication for public
831 facilities, utilities,infrastructure,and easements apply. (See§§272-306 through 272-309.)
832 D. If access to a subdivision is only across land in another municipality,the Planning Board
833 may request assurance from the adjoining municipality's attorney and Highway
834 Superintendent(or equivalent title)that the access street is suitably improved or that a
835 performance guarantee or security has been duly executed and is sufficient security to
836 ensure access has been constructed.
837
�39 §234-29. Reservations of parks and recreational lands.
840 A. If the Planning Board requires a reservation of parkland,such reservation shall be of suitable
841 size,dimension,topography,and general character and shall have adequate street access
842 for the particular purposes envisioned by the Planning Board.
843 1. The Board may require that the parkland be located at a suitable place on the edge of
844 the subdivision so that additional land may be added at such time as the adjacent land is
845 subdivided.
846 2. The subdivider must offer dedication of all such parkland to the Town where the
847 Planning Board has determined that parkland must be owned by the Town.
848 3. Reservation of parkland on subdivision plats containing dwelling units shall be in
849 accordance with NYS Town Law§277(4).The amount of land to be so reserved for a
850 conventional subdivision shall be determined by the Planning Board on a case by case
851 basis.The area shall be shown and marked on the final plat"Reserved for Park
853 Purposes."
854 B. Pursuant to NYS Town Law§277,the Planning Board may require payment in lieu of
855 parkland.The Town Board has established a formula for such payments in Town Code
0 §153-3,which may be amended from time to time.
858 C. The provisions of this section are minimum standards. None of the subsections above shall
859 be construed as prohibiting a subdivider from reserving other land for recreation purposes in
Myaddition to the requirements of this section.
862 D. In a proposed or approved regulating plan area for traditional neighborhood development
863 (TND), New Neighborhood Code requirements for park and preserve land area,types,
864 location, configuration,connectivity,access, programming,and ownership apply.(See§
865 272-308.)Payment in lieu of land reservation does not apply for traditional neighborhood
866 development and is not a substitute for providing and improving parks and preserves.
867
868 §234-30. (Reserved)
869 Article VIII. Infrastructure
870
771
2 §234-31.Transportation Network.
873 A. Design and construction of a street(s)as defined herein and related improvements shall be
874 in accordance with the standards and specifications described in the Town of Ithaca Site
875 Design and Development Criteria Manual,copies of which are available in the office of the
876 Town Engineer.The subdivider shall improve or agree to improve all streets and other ways
877 to provide drainage improvements,all in such manner as is necessary for the general use of
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Town of Ithaca,NY—Chapter 234:Subdivision of Land
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Chapter 234. Subdivision of Land
878 lot owners in the subdivision and to meet local traffic and drainage needs, including the
879 needs of pedestrian and bicycle traffic as may be required by the Town of Ithaca Complete
880 Streets Policy.Streets shall be graded,surfaced,and improved to the grades and
881 dimensions shown on plats, profiles,and cross-sections submitted by the subdivider and
883 approved by the Planning Board,Town Engineer,and Town Highway Superintendent.
884 B. Street names shall be shown;they shall provide for continuation of the names of existing
885 streets wherever appropriate;they shall not duplicate the names of streets elsewhere in
889 Tompkins County.
888 C. In a proposed or approved regulating plan area for traditional neighborhood development
889 (TND), New Neighborhood Code requirements for arrangement of streets,street types and
fly elements, provision of alleys,and geometry apply.(See§§272-306 and 272-307.)
892 D. Whenever a subdivider proposes to dedicate a street or transportation network to the town,
893 the Town Board shall determine whether to authorize acceptance of the concept and
894 location of such dedication prior to the Planning Board's consideration of final subdivision
ORapproval.
897 E. Prior to the Town Board's consideration of final acceptance of streets or utilities,the Highway
898 Superintendent and Town Engineer shall determine whether all public utilities,streets,and
899 required improvements have been completed in accordance with the approved plans and
900 specifications and applicable requirements and regulations.
901
83 §234-32. Phased Idevelopments[. -- Commented[CI314]:Added per COC-for review
6/10/2026
04 A. In phased developments,a schedule of improvements shall be made in accordance with an
05 agreement satisfactory to the Director of Planning,Town Engineer,and Attorney for the
06 Town.The agreement will provide for the maintenance of existing roads and utilities and shall
07 be approved and executed before the Planning Board issues final subdivision approval.The
08 subdivider will provide a description of the sequential installation of improvements that will
09 service the development,including the entity that provides the improvements,the date any
10 new improvements, if needed,will be constructed,and a schedule to assure improvements
11 are available concurrent with the impacts of the development.The agreement may be
12 conditioned to require that the entire development or any phase of it be commenced or
14 completed within a specified period of time.
15 B.Construction completion(performance guarantee).In order to ensure the full and faithful
16 completion of all improvements,the Town may require the subdivider to provide a
17 performance bond or other security prior to the commencement of Land Development
18 Activity.The provisions of NYS Town Law�277(9)shall apply to such performance
20 guarantee.
21 C. If the work of a particular phase has been completed satisfactorily,the Town may release the
22 appropriate portion of the performance guarantee,or,if the work is subject to a warranty or
23 demonstration period,may delay release of that portion until the end of such warranty or
24 demonstration period. If work is not completed satisfactorily,the applicant shall act to bring
25 the phase into conformity before commencing work on the next phase of development. In a
26 phased development,the issuance of building permits in each phase may not occur until
r28 completion of the prior phase.
9 D. In a regulating plan area for traditional neighborhood development(TND), New
930 Neighborhood Code requirements for a subdivision phasing plan may apply. (See§272-
931 703.3.3.)
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Town of Ithaca,NY—Chapter 234:Subdivision of Land
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Chapter 234. Subdivision of Land
932 §234-33. Storm and surface drainage.
933 All land development shall be related to the surrounding drainage pattern,with provisions made for
934 proper storm drainage facilities.All drainage improvements must be acceptable to the Town's
935 Stormwater Management Officer and shall comply with the provisions of Town Code Chapter 228:
936 Stormwater Management.
938 §234-34. Underground wires and cables.
939 A. Wires and cables providing local utility and similar services(including but not limited to
940 electric,internet,telephone, cable television,and streetlighting)in subdivisions shall be
941 placed underground,except as otherwise specified in Town Code§270-219, Personal
942 Wireless Service Facilities.
944 B. In a regulating plan area for traditional neighborhood development(TND), New Neighborhood
945 Code requirements for underground utilities apply.(See§272-309.2.1.)
946 §234-35. (Reserved)
947
948 Article IX. Permitting & Enforcement
949
950
951
952 §234-36. Building permits.
953 No building permit for any permanent building within the subdivision or lot to be sold or developed
954 shall be authorized until after the subdivision plat has received final approval by the Planning
955 Board,and the plat has been filed in the office of the Tompkins County Clerk.All projects involving
956 the construction of buildings shall also comply with the provisions of Town Code,Chapter 125,
957 Building Construction and Fire Prevention.
958 §234-37. Enforcement and Appeals.
59 The Director of Code Enforcement,On viit the Director of Planning,—ind or the Town
60 Engineer,shall enforce this Chapter.The term"Enforcement Official"refers to any or all of them.
961 Any person aggrieved by any decision of any officer of the Town charged with the enforcement of
962 this Chapter may take an appeal to the Zoning Board of Appeals pursuant to NYS Town Law§
963 267-a.The Zoning Board of Appeals shall follow the procedures in NYS Town Law§267-a.[------ Commented[CI315]:Per COC
964 §234-38. Penalties for offenses.
65 The DoreGtor of Code Enforcement,the Director of Planning, or Town Engineer, shall enforce this
RofB Chapter.The term"E nferGernnern+Off^•ery refers to any or all
thorn Commented[C1316]:Seems redundant-staff
968 A. Order to remedy. suggests deleting
969 1. If the Enforcement Official finds that there has been a violation of this Chapter,then the
970 Enforcement Official is authorized to issue an order to remedy;
971 2. An order to remedy shall be in writing; identify the property at issue;specify the
972 condition or activity that violates this Chapter;specify the provisions of this Chapter
973 which are violated by the specified condition or activity;and include a statement that the
974 violations must be corrected within 30 days after the date of the order to remedy(or, if
975 the violations are not reasonably capable of cure within 30 days,shall include a
976 statement that the owner,operator,or occupant must commence to cure such violations
977 within such thirty-day period and thereafter diligently and with continuity prosecute such
978 cure to completion in a period not to exceed 90 days after the Town's notice).The order
979 may direct the person served with the order to begin to remedy the violation(s)
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Chapter 234. Subdivision of Land
980 immediately or within some other stated period of time that can be less than 30 days
981 after the date of the order;direct that compliance be achieved within the specified
982 period of time;and shall state that an action or proceeding to compel compliance and/or
983 seek penalties,fines and/or imprisonment may be instituted if compliance is not
984 achieved within the specified period of time;
985 3. The order to remedy,or a copy thereof, may be served by personal service on the
986 owner,operator or occupant,by mailing by registered or certified mail sent to the
987 address set forth in the application for any permit or approval submitted to the Town or
988 to the property address,or by posting a copy thereof on the premises that are the
989 subject of the order to remedy and mailing a copy,enclosed in a prepaid wrapper,
990 addressed to the last known address of the owner as set forth in the Town of Ithaca
991 records,or if none, in the most recent tax roll available to the Town of Ithaca.The
992 Enforcement Official shall be permitted, but not required,to cause the order to remedy,
993 or a copy thereof,to be served on any tenant, lessee, or any other person or entity
994 taking part or assisting in actions regarding any structures or uses at the affected
995 property.Such service shall be made personally or by registered mail or certified mail;
996 provided, however,that failure to serve any person or entity mentioned in the preceding
998 sentence shall not affect the efficacy of the order to remedy.
999 B. Fines and imprisonment. Pursuant to NYS Town Law§268,any individual,association,
1000 organization, partnership,firm,corporation or other entity recognized by law that violates
1001 any provision of this Chapter,any term or condition of a plat or of any approval issued
1002 pursuant to this Chapter,or any term or condition of any order to remedy or other order or
1003 notice issued by the Enforcement Official pursuant to any provision of this Chapter,shall be
1004 deemed guilty of an offense,and upon conviction thereof shall be subject to a fine or
1005 imprisonment(or both)as provided in§268. Each week's continued violation shall
1889 constitute a separate offense.
1008 C. Civil penalties. In addition to any other remedies,any individual, association,organization,
1009 partnership,firm,corporation or other entity recognized by law that violates any provision of
1010 this Chapter,any term or condition of any plat or of any approval issued pursuant to this
1011 Chapter,or any term or condition of any order to remedy or other order or notice issued by
1012 the Enforcement Official pursuant to any provision of this Chapter,shall be liable for a civil
1013 penalty of not more than$1,000 for each day or part thereof during which such violation
1014 continues.The civil penalties provided by this subsection shall be recoverable in an action
1819 instituted in the name of the Town of Ithaca;
1017 D. Injunctions and court orders.An action or proceeding in the name of the Town of Ithaca
1018 may be commenced in any court of competent jurisdiction to prevent, restrain,enjoin,
1019 correct,or abate any violation of,or to enforce,any provision of this Chapter,any term or
1020 condition of any plat or of any approval issued pursuant to this Chapter,or any term or
1021 condition of any order to remedy or other order or notice issued by the Enforcement Official
1022 pursuant to any provision of this Chapter.Such remedy shall be in addition to fines,
1023 penalties, imprisonment,and other remedies otherwise prescribed by law(including by this
1839 Chapter or by NYS Town Law).
1026 E. Remedies not exclusive. No remedy,fine or penalty specified in this section shall be the
1027 exclusive remedy,fine or penalty available to address any violation described in this
1028 Chapter,and each remedy,fine or penalty specified in this section shall be in addition to,
1029 and not in substitution for or limitation of,the other remedies,fines or penalties specified in
1030 this section,or in any other section of this Chapter or other applicable law.Any remedy,fine
1031 or penalty specified in this section may be pursued at any time,whether prior to,
1032 simultaneously with,or after the pursuit of any other remedy,fine or penalty specified in this
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Town of Ithaca,NY—Chapter 234:Subdivision of Land
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Chapter 234. Subdivision of Land
1033 section,in any other section of this Chapter,or in any other applicable law.
1034
1035 §234-39. (Reserved)
1036
1037 Article X. Expiration of Subdivision Approval
103g8
1838 §234-40. Conditions; procedures.
1041 A. Subdivision approvals shall expire in accordance with the provisions of NYS Town Law§§
1843 276(7)(c)and 276(11).
1044 B. In addition to expiration pursuant to subsection A above,subdivision approvals(both Final
1045 and Preliminary)shall expire and the permissible construction on the property shall revert to
1046 that which would otherwise be in effect in the absence of such subdivision approval, unless
1047 within 36 months from the date of the filing of the approved final subdivision plat:
1048 1.Work has materially commenced in accordance with the finally approved subdivision
1049 plat;or
1050 2.One or more lots have been transferred from the subdivider and the deeds for same
1552 duly recorded in the Tompkins County Clerk's Office.
1053 C. For the purposes of Subsection B in this section:
1054 1.Work will not have"materially commenced"unless,at a minimum:
1055 (a)A building permit,if required, has been obtained for at least one structure in the
1056 subdivision;
1057 (b)Construction equipment and tools consistent with the size of the proposed work
1058 have been brought to and been used on the site;and
1059 (c)Significant construction of streets or utilities,or significant framing,erection,or
1060 construction of a material structure,has been started and is being diligently
1061 pursued.
1062 2.A lot will not have been"transferred"unless conveyed by a deed,duly executed and
1063 recorded in the Tompkins County Clerk's Office,to:
1064 (a)A person unrelated to the subdivider in a bona fide transaction for value;or
1065 (b)A person related to the subdivider or for less than reasonable value in accordance
1066 with circumstances related to the Planning Board as part of the subdivision
1067 approval(e.g.,a subdivision where the intention is to convey a lot to a relative or to
189Bconvey a lot to an adjacent landowner for less than full value).
1070 D. In addition to the foregoing,subdivision approval for a subdivision requiring construction of
1071 streets,drainage courses,water or sewer lines,or other such facilities,shall terminate as to
1072 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.
1075 E.The Planning Board,upon request of the subdivider,and after a public hearing,may extend
1076 the time limits for such additional periods and upon such conditions as the Planning Board
1077 may reasonably determine.An application for such extension may be made at the time of
1078 filing of the original application or at any time thereafter up to, but no later than,six months
1079 prior to the expiration of the time limits set forth above:
1080 1. The Planning Board shall grant the request for such extension if the Board finds:
1081 (a)The imposition of the time limits set forth above in Subsections B and D would
1082 create significant hardship on the subdivider;and
1083 (b)There has not been a significant change in zoning, subdivision,engineering,
1084 environmental,or other relevant review requirements or standards since the initial
1085 approval or any subsequently granted extensions.
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Chapter 234. Subdivision of Land
1086 2. For the purposes of this section,a"significant hardship"includes, but is not limited to:
1087 (a)A significant economic loss that the subdivider would suffer if an extension were not
1088 granted;or
1089 (b)The subdivider's inability to timely proceed because of:
1090 [1]A generally adverse economic climate;or
1091 [2]The subdivider's own economic circumstances have changed detrimentally;or
1893 [3]An adverse event or events in the subdivider's personal affairs.
1094 F. In the event of any termination of subdivision approval pursuant to these provisions,the
1095 Planning Board or Director of Planning shall cause a notice of such termination to be
1096 delivered personally to the subdivider,or forwarded by certified mail, return receipt
1097 requested,to the subdivider at the last address for the subdivider on file at the Town of
1098 Ithaca Planning Department and shall cause a copy of such notice,together with an
1099 affidavit of service(personally or by mail)to be recorded in the Tompkins County Clerk's
aa 8Y Office in Miscellaneous Records or other appropriate location.
1102 G. Nothing in this section is intended to alter the effect of Town Law§265-a on lots in a
1103 subdivision when zoning is changed to increase lot sizes or other requirements thereby
a85 rendering an existing subdivision's lots nonconforming.
1106 H. In a regulating plan area for traditional neighborhood development(TND), New
1107 Neighborhood Code rules for expiration of subdivision approval apply. (Preliminary plat:§
1108 272-703.4.1;final plat:§272-703.4.2.)
1109
1110 §234-41. (Reserved)
1 11
1 12 Article XI. Supersession
1 13 §234-42. Pursuant to NYS Municipal Home Rule Law§22,the Town hereby states that
1 14 its intent is to supersede the following:
1 15
1116 A.Town Law�276, Subdivision 4's definition of subdivision,and Subdivisions 7(c)and 11 (to
Ia 8 the extent the Town has added additional or different expiration and extension provisions);
1 19 B.Town Law 277, Subdivision 2(to the extent that the Town has added more requirements),
1 20 and Subdivision 7(to extent the Town has added a different waiver standard applicable to
I22 application submissions); and
1 23 C.Town Law§278, Subdivisions 2(a)and 3(a)(to the extent the Town has altered the
1 124 Planning Board's discretion as to whether to allow a cluster subdivision),Subdivision 3(c)
1 125 (to the extent the Town has altered the Planning Board's discretion regarding conditions on
1 26 the ownership,use,and maintenance of open lands shown on a plat)and Subdivisions 2
1 27 and 3(to the extent the Town has added different and additional procedures and standards
1 28 related to cluster subdivisions). _--- Commented[CB17]:Added per Brock
1129
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Town of Ithaca,NY—Chapter 234:Subdivision of Land
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