HomeMy WebLinkAboutTB Packet 2026-06-22 MEETING OF THE ITHACA TOWN BOARD
215 N. Tioga Street
June 22, 2026, 4:30 p.m.
Members may participate via videoconferencing, available at www.zoom.com/join and
entering Meeting ID 98910958241.
ZOOM LINK YOUTUBE LINK
AGENDA
1. Public Hearings and consider noise permits for events/series at Ithaca Beer
a. Consider noise permit for Weekly Music Series
b. Summer Music Events
2. ITCTC Presentation—Thomas Knipe
3. JYC 2025 Annual Report
4. Discuss and consider referral of the draft Subdivision of Land Regulations to the
Conservation Board and Planning Board for review and recommendation
5. Reports from Committees
a) Budget
b) Personnel and Organization/ERC
c) Public Works
d) Planning
e) Codes & Ordinances
f) RMAB
6. Consent Agenda
a. Approval of Minutes
b. Town of Ithaca Abstract
c. Approval of revised Access to Public Records Policy
d. Approval of Employee Recognition and Support Policy
e. Approval of revised Personnel Policy—Travel and Training -Mileage
f. Resolution of Appreciation—Debby Kelley
g. Resolution of Appreciation—Joe Hulbert
7. Review of Correspondence/Board Member Comments
TOWN OF ITHACA qu
NEW YORK
TOWN CLERK'S OFFICE
Paulette Rosa
Ashley Colbert&Monica Moll, Deputy Town Clerks
215 N.Tioga St 14850
607.273.1721 opt 1 clerks@townithacany.gov
Notice of Public Hearings
You are receiving this notice of Public Hearings regarding 2 noise permit applications for
events at Ithaca Beer because you own property within 500' feet of the property boundary.
The Town Board will hold public hearings at their meeting on Monday, June 22, 2026 which
begins at 4:30 p.m. at 215 N. Tioga Street. Comments can be mailed, emailed until 3 pm on June
22nd, in person, or via the ZOOM videoconferencing platform(www.zoom.com/ioin and entering
Meeting ID 98910958241)regarding:
Application NP-26-1 Weekly Outdoor Music Series— Similar to past weekly music series
outdoors.
Applicant:Dan Mitchell
Organization: Ithaca Beer
Location of Event 122 Ithaca Exact Location on the property; Near restaurant patio
Beer Dr
Date of event:Weekly Sundays Altemate
June through September 3-6pm
Estimated Attendance:50
Description of Event
1 A member mostly acoustic outdoor mollow dinner music;gonerally yazz type
Same as historically:small mostly acoustic bands with small speaker
Abatement proposed Musicians and speaker face Rte 13 and set up at the restaurant patio
Factors you would like considered:
Musicians and speaker face Rte 13 and set up at the restaurant patio
Application NP-26-2— Similar to past Summer Music Events
Applicant:Dan Mitchell
Organization: Ithaca Beer
Location of Event. 122 Ithaca Exact Location on the property; Ithaca Beer
Beer Dr.
Date of event:July 9.July 25 Ahernate
Estimated Attendance: 100-200
Description of Event
Outdoor music.Ithaca Concert Band,DJ
Music on a Thursday and Saturday.between 6-10 pm for no longer than 4 hairs for each event. N t •.:y
rock,gencrajty dance type musk.
Abatement proposed Speakers will face towards Rte 13.band will set up near patio
Factors you would like considered:
Speakers will face towards Rte 13.band will set up near patio
MEETING OF THE ITHACA TOWN BOARD
June 22, 2026
TB Resolution 2026— : Noise permit for Ithaca Beer Co. for the 2026 Summer Music
Event Series
Whereas, the Town Board held a public hearing on June 22, 2026, regarding a noise permit
application for Summer Music Events received by Ithaca Beer Co., and discussed the request, and
Whereas, as stated in the application speakers will be facing Rte. 13 to prevent amplified noise
bouncing off the brewery, now therefore be it
Resolved that the Town Board grants a noise permit to Ithaca Beer Co. for the purpose of two
Summer Music Events, entertaining guests at their location of 122 Ithaca Beer Dr., on July 9th and
25th as described in their application, with the following
Conditions:
1. Music will take place between the hours of 6 p.m.— 10 p.m. and for no longer than 4 hours,
and
2. Applicant will adjust volume to the minimum necessary for the size of attending guests,
and with the following
Findings:
1. The waiver from the requirements of Town Code Chapter 184 for the above music event
is necessary for a valid purpose, because music might not be able to conform at all times
to the requirements of Chapter 184, and Ithaca Beer's Planned Development Zone
specifically allows for music events, subject to or upon the issuance of any permits
required(Town Code §271-15. D (3), and
2. The waiver is the minimal intrusion needed, because the amplification is needed to enjoy
the music events, and music is limited to 6 p.m.-10 p.m., the majority of which hours are
within"daytime hours" as defined by Town Code § 184-4; the amplification speakers
must be located on the taproom patio and face Route 13, and
3. On balance, the need for and benefits of the waiver outweigh the needs and rights of the
surrounding neighbors to a peaceable and quiet environment, for the reasons stated
above.
Moved: Seconded:
Vote: ayes—
MEETING OF THE ITHACA TOWN BOARD
June 22, 2026
TB Resolution 2026 - : Referral of the draft Subdivision of Land Regulations to the Town
of Ithaca Conservation Board and Town of Ithaca Planning Board for review and
recommendation
Resolved, that the Town Board has reviewed the draft Subdivision of Land Regulations (Town
Code Chapter 234) as prepared by Town staff and recommended by the Codes & Ordinances
Committee on June 10, 2026, and hereby refers the draft Subdivision of Land Regulations to the
Town of Ithaca Conservation Board and Town of Ithaca Planning Board, respectively, for review
and recommendation.
Moved: Seconded:
Vote:
TOWN OF ITHACA
„ p,
r , NEW YORK
To: Town Board Members
From: C.J. Randall, Director of Planning
Christine Balestra, Senior Planner
Date: June 17, 2026
RE: Proposed Revisions to Town of Ithaca Town Code Chapter 234: Subdivision of
Land
Please find attached a draft Town Code Chapter 234: Subdivision of Land. The proposed revisions
are on the June 22, 2026 Town Board study session meeting agenda for review and referral to the
Planning Board and Conservation Board.
BACKGROUND
Subdivision Regulations (Town Code Chapter 234) control how a parcel (or parcels) of land is
divided into smaller lots, how those lots are laid out, how the infrastructure serves the lots is
installed, and how parks and open spaces are situated. Town staff introduced a significant update
to Chapter 234 to the Codes and Ordinances Committee (COC) in November 2023, as a deliverable
requested by COC in furtherance of the committee's 2023 (and subsequent) Work Plan(s).
The COC reviewed the initial draft during the eighteen months that followed, providing input and
suggesting modifications. Town staff and the Attorneys for the Town worked diligently on those
modifications and presented a revised draft Chapter 234: Subdivision of Land to the committee in
March 2026. The COC completed their review of the revisions on June 10, 2026, and moved the
regulations to the Town Board for review and to consider referral to the Conservation Board and
Planning Board for their respective reviews and recommendations.
The attached draft addresses and helps implement numerous goals and recommendations in the
Town's 2014 Comprehensive Plan; 1996 Parks, Recreation, and Open Space Plan; and 2012
Agricultural and Farmland Preservation Plan, respectively. The draft also seeks to align the Town's
Subdivision Regulations with New York State Building and Fire Code provisions, New York State
stormwater regulations, and other modern planning, engineering, and codes best practices and
requirements.
HISTORY
The Town of Ithaca adopted its first Subdivision Regulations on March 24, 1956. The first
amendment to the regulations was adopted in the early 1980's, wherein the Town Board gave the
Planning Board the authority to mandate clustered subdivisions in instances where the Planning
Board believed that the application of such procedure would benefit the town. The intent was to
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increase the use of clustering to promote open space preservation in residential areas. This was
the most significant 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 (sketch, preliminary, final). 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. Revising these regulations has been included in COC work
plans since 2007.
ANTICIPATED REVIEW CYCLE
The most notable update is incorporation of a design sequence for cluster subdivision that
incorporates the Town's 1992 Open Space Report (Inventory, Maps, and Index) as reference. The
revised regulations advance prominent goals and objectives of the Town Comprehensive Plan —
notably Goals LU-1-A; LU-1-C; LU-1-E; MS-3-A—and contain modernized language to comply with
current local and state requirements.
• Referral to Town Conservation Board, Town Planning Board, and Tompkins County Planning
& Sustainability—7/2026 through 10/2026
• Complementary Zoning sections: COC review—7/2026 through 9/2026
• Interactive Resource Analysis Map: COC review— 10/2026
• Public engagement, to include a newsletter article and after-hours 'conservation
subdivision' event at Town Hall — 10/2026
• Final draft: COC 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. 120 or email me at cirandall@townithacany.gov if you have
any questions.
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1 Chapter 234. Subdivision of Land
2
3 Article I: Policy and Applicability
5 § 234-1. Policy.
6 A. This Chapter is intended to implement the use of sound planning principles, as set forth in
7 the Town of Ithaca's Comprehensive Plan and Park, Recreation, and Open Space Plan, for
8 the orderly, efficient, coordinated, and economical development of the Town of Ithaca.
9 Preservation of the natural beauty and topography of lands within the Town of Ithaca is a
10 priority that can be achieved by fostering appropriate development that protects agricultural
11 land/practices and environmentally sensitive areas (e.g., wetlands, floodplains, woodlands,
12 steep slopes, watercourses or bodies, viewsheds, areas of historic or archaeological
13 significance, unique natural areas and habitats, and other open space areas of importance
19 to the neighborhood or community).
16 B. This Chapter guides and promotes the community's physical, social, and aesthetic
17 development to preserve the character of the Town as a desirable place in which to live.
18 Proper provision is also made for stormwater management, water supply, sewerage,
19 transportation, and other associated improvements, and to otherwise promote the health,
20 safety, and welfare of the Town's inhabitants.
21 § 234-2. Relationship to other regulations and actions.
22
23 A. Other local regulations. Where any provision of this Chapter imposes restrictions that are
24 different from those imposed by any other local law or ordinance, regulation, or law, the
25 provision that is more restrictive or imposes the higher standard shall control. Unless
26 specified herein or in other Town Code chapters, procedural and other requirements
27 described in New York State (NYS) Town Law §§ 265-a, 276, 277, 278, 279, and
Belsewhere in NYS laws shall apply to all proposed subdivisions.
30 B. Design and construction of site improvements shall be in accordance with the relevant
31 standards and specifications described in the Town of Ithaca Site Design and Development
33 Criteria Manual, which is on file in the Town Engineering Department.
34 C. Nothing in this Chapter shall prohibit the subdivider from placing additional restrictions, not
RRin violation of this Chapter, on lots within the development.
37 D. A subdivider shall apply for subdivision approval in accordance with this Chapter before any
38 contract for the sale of any proposed lot is made in such subdivision.
40 § 234-3. Applicability.
41 A. The provisions contained herein apply to all land within the Town of Ithaca, outside the
43 Village of Cayuga Heights.
44 B. This Chapter does not apply to property owned by the Town of Ithaca, or to the Town's
19 acquisition of property.
47 C. This Chapter does not apply to a subdivision or re-subdivision that creates no more than
48 two lots where one lot is donated to, or acquired by, the City of Ithaca, Tompkins County,
49 New York State or the Federal government, or a qualified not-for-profit conservation
50 organization, for open space purposes (as defined in NYS General Municipal Law § 247) or
51 other parkland. Notwithstanding the foregoing, the following two sentences shall apply to
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Town of Ithaca, NY—Chapter 234: Subdivision of Land DRAFT 0611712026
52 such subdivisions and re-subdivisions: Said lots must conform to zoning requirements or
53 have received the requisite variances. The resultant map shall be signed by the Director of
54 Planning and duly recorded with the Tompkins County Clerk's office.
55
56 § 234-4. (Reserved)
57
58 Article II: Terminology
59
60 § 234-5. Internal references.
61 References herein to articles, sections, subsections, and paragraphs are to those parts of this
62 Chapter, unless context indicates otherwise.
63
64 § 234-6. Word Usage.
85 For the purposes of this Chapter, certain terms and words shall be interpreted as follows:
67 A. Unless otherwise specifically defined herein or otherwise indicated, all words used in this
Chapter shall carry their customary meanings.
7� B. Words in the present tense include the future.
7? C. The singular includes the plural; and the plural includes the singular.
79 D. The word "shall" is mandatory.
79 E. The words "may" and "should" are permissive.
78 F. The word "lot" includes the word "parcel."
79
80 § 234-7. Definitions.
81 As used in this Chapter, the following terms shall have the meanings indicated:
82
83 BLOCK -A parcel of land partially or entirely surrounded by streets, streams, railroad rights-of-way,
85 parks or a combination thereof, which has been subdivided into lots.
86 COMPREHENSIVE PLAN -A plan prepared by the Town Board, pursuant to NYS Town Law §
87 272-a, which indicates the general locations recommended for various land uses and for the
89 general physical development of the Town.
90 CONSERVATION EASEMENT—A restriction on the use of land, created in accordance with the
91 provisions of Article 49, Title 3 of the Environmental Conservation Law, for the purposes stated in
92 that Article, including conservation of open space, agricultural land, and sensitive environmental
94 resources, and conservation of natural, cultural, historic, or scenic resources.
�5 DWELLING —A building designed or used primarily as the living quarters for one or more families.
97 DWELLING UNIT—A Dwelling, or portion of a Dwelling, providing complete living facilities for one
99 family.
100 EASEMENT—A grant by the property owner to the public, a corporation, an individual, or other
1 K entity for the use or limitation of use of a strip or area of land for a specific purpose.
103 ENFORCEMENT OFFICIAL —The Director of Code Enforcement, Director of Planning, and/or
185 Town Engineer.
106 FLAG LOT—A type of lot that is shaped like a flag on a pole, with a narrow "pole" connected to a
189 street extending into the larger"flag" part of the lot.
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Town of Ithaca, NY—Chapter 234: Subdivision of Land DRAFT 0611712026
1009 GROSS AREA- The amount of land in a subdivision before rights-of-way, parks, and permanent
111 open space are deducted.
11
112 IMPROVEMENTS - Physical changes that may include, but are not limited to, all utilities, streets,
113 sidewalks, landscaping and buffering, lighting, parkland and recreation equipment, and
114 monuments.
116 LOT—Any area of land bounded by property lines which is not divided into parts by a street or
117 railroad. Each part of any area so divided by a street or railroad is considered an individual lot for
118 zoning and subdivision purposes.
120 LOT AREA—The area of a lot, excluding any portion of a public street right-of-way that may be
122 included within the deed description of the lot.
123 LOT LINE —A property boundary of a lot, except where the property boundary is the center line or
124 other portion of a public street, in which event the lot line is the street right-of-way line.
126 LOT LINE ADJUSTMENT—Alteration of existing parcel boundaries between two or more existing and
127 adjoining lots where no additional parcels are created and the other requirements of§ 234-13.13 are
INmet. This includes annexation of property to existing parcels. Lot Line Adjustments are not subdivisions.
130 OFFICIAL MAP - The map established by the Town Board pursuant to § 270 of the NYS Town
131 Law, showing streets, highways, and parks laid out, adopted, and established by law as well as
132 any amendments adopted by the Town Board or additions thereto resulting from approval of
INsubdivision plats by the Planning Board and the subsequent filing of these approved plats.
135 OPEN SPACE INDEX—An objective detailed list and description of the environmentally important
136 features found in all open areas in the Town based on their ecological, cultural, and historical
137 significance. The Open Space Inventory and Index are the official Town of Ithaca Open Space
1 Index pursuant to § 239-y of the General Municipal Law.
1 � PLANNING BOARD - The Planning Board of the Town of Ithaca.
142 PHASED DEVELOPMENT—A Land Development Activity (as defined in Town Code Chapter 228)
143 involving more than 29 lots, in which construction of public or private improvements proceeds in
144 stages on a schedule over a period of years, as established in the subdivision approval by the
145 Planning Board. Phased development proposals shall include the submission of phased
146 development plans that clearly show proposed timing and phasing of buildings, parking, driveways,
147 streets, pedestrian ways, utilities, generalized landscaped areas, limits of disturbance, grading,
118 drainage, erosion, and sedimentation controls and other measures.
150 PLAT - The map, plan, or drawing on which a subdivider's plan of subdivision is presented to the
151 Planning Board for approval; the final plat, if approved and all conditions are met, will be submitted
151 to the County Clerk for recording.
154 RESOURCE ANALYSIS - The inventory and evaluation to identify resources to be protected from
155 development of a property, consisting of inventory maps, a written description of the land to be
156 subdivided, and an analysis of the conservation value of various site features (delineated by Class
15g7 1, Class 2, and Class 3, as described in § 234-24.D). A Resource Analysis determines the number
159 of acres permitted for development and locations for structures.
160 SEQR - New York State Environmental Quality Review Act (Article 8 of the NY Environmental
1 H Conservation Law and its implementing regulations at 6 NYCRR Part 617).
1g63 SITE CAPACITY CALCULATION - A method of determining the maximum number of allowable
165 dwelling units the Planning Board may approve on any given site based on zoning requirements.
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Town of Ithaca, NY—Chapter 234: Subdivision of Land DRAFT 0611712026
166 SITE CAPACITY CALCULATION WORKSHEET -A form approved by the Town Board for use in
167 calculating the development capacity of a site, completed and submitted by a subdivider in
198 connection with an application for a cluster subdivision.
170 SITE DESIGN AND DEVELOPMENT CRITERIA MANUAL - A manual of requirements and
171 minimum standards that shall be applied to proposed construction and/or areas that will involve
172 connections to existing municipal systems over which the Town has jurisdiction. Said manual, as
173 adopted by the Town Board, and as may be amended from time to time, may be obtained from the
174 Town Engineer.
176 SKETCH PLAN -A conceptual drawing that outlines general, rather than detailed, subdivision
177 intentions. A sketch plan depicts the basic parameters of a subdivision proposal, which serves as
178 the basis for informal discussion and review of the general intentions of the subdivider with the
1778 Planning Board.
181 STREET- A New York State, Tompkins County or Town road or highway, a road or highway shown
182 on the Town's Official Map, a street shown on a final plat approved by the Planning Board and
183 recorded in the Tompkins County Clerk's Office, or a street shown on a plat duly filed and recorded
184 in the Tompkins County Clerk's Office prior to the authority granted to the Planning Board to
185 approve such plats. A street that meets the definition in the preceding sentence but is designated
186 as a highway, thruway, road, avenue, boulevard, lane, drive, place, circle or otherwise is
194 nonetheless a "street" under this Chapter.
189 SUBDIVIDER -Any person, developer, firm, partnership, association, corporation, estate, trust, or
190 another entity or combination acting as a unit, undertaking the dividing of land so as to constitute a
192 subdivision as defined herein. This definition includes any applicant or agent of the subdivider.
193 SUBDIVISION - The division of any parcel of land into two or more lots, blocks, or sites, with or
194 without streets. Subdivision includes re-subdivision and, when appropriate to the context, shall
195 relate either to the process of subdividing or to the land subdivided. Subdivisions are classified as:
196 A. CLUSTER - A subdivision in which the otherwise applicable dimensional requirements in
197 the Zoning Chapter of Town Code are modified to encourage flexibility of design and
198 development of land in such a manner that the layout, configuration, and design of lots,
199 structures, driveways, streets, parks, trails and landscaping are designed to preserve
200 important natural resources and scenic qualities of the site. A cluster subdivision is
201 authorized by NYS Town Law§ 278 and this Chapter.
202 B. CONVENTIONAL - A subdivision that creates lots that meet all minimum lot size and area
203 dimensional requirements in the Zoning Chapter of Town Code, or that receives variances
204 for any deviation from such minimum requirements.
205 C. MAJOR - The division of any parcel of land into four (4) or more lots, any subdivision
206 proposed as a cluster development subdivision, or any subdivision (regardless of the
207 number of lots) involving any new street or the extension of public improvements.
208 D. MINOR—The division of any parcel of land into two (2) or three (3) lots and proposed as a
20p9 conventional subdivision fronting on an existing street, not involving any new street or the
211 extension of public improvements.
21
212 TOWN ENGINEER -The duly designated engineer of the Town of Ithaca or the engineering
213 consultant employed by the Town.
214
215 § 234-8. (Reserved)
216
217 Article III: Classification & Procedures Applicable to All Applications
218
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Town of Ithaca, NY—Chapter 234: Subdivision of Land DRAFT 0611712026
219 § 234-9. Subdivision/Lot Line Adjustment Categories.
220 The following categories are found in this Chapter. Review procedures and submission
22; requirements for each category are set forth in each referenced article.
22J A. Lot Line Adjustments—Administrative review, Article IV.
22
228 B. Minor Subdivisions — Planning Board review, Article V.
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;
2443 3. Town plans and policies concerning development.
24
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
24g7 information for all review stages, per the relevant checklist(s). Checklists are approved by
249 Town Board resolution, which the Town Board may revise from time to time.
250 C. Plats for both subdivision categories, and maps for Lot Line Adjustments, shall be prepared
H; and stamped by a New York State registered and licensed professional surveyor.
253 D. All subdivisions and Lot Line Adjustments must receive approval in compliance with this
0 Chapter before being recorded in the office of the Tompkins County Clerk.
256 E. If a lot or lots in an approved subdivision have been later consolidated, in whole or in part,
257 the consolidated portion(s) shall not be re-subdivided without undergoing a new subdivision
0 review and approval process.
260 F. The time periods listed in this law or in NYS Town Law 276, within which the Planning
261 Board must take action on a preliminary plat or a final plat, may be extended by mutual
28?3 consent of the subdivider and the Planning Board.
264 G. The Planning Board may waive any of the application provisions of this Chapter when the
265 strict application of such provisions would cause unnecessary or significant hardship or
266 practical difficulties. In waiving such provisions, the Planning Board shall determine that the
267 waiver will not significantly affect the purpose of subdivision control as provided by this
268 Chapter; and that the waiver will not impair the policy enunciated or implied by the Town
268 Board in adopting this Chapter's provisions.
27
271 H. Any action or determination approving an application, in whole or in part, whether final or
272 preliminary, shall be revocable, in whole or in part, if the action or determination was made
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Town of Ithaca, NY—Chapter 234: Subdivision of Land DRAFT 0611712026
273 in reliance on any misrepresentation, concealment, or other fraudulent act or statement by
274 the subdivider/Lot Line Adjustment applicant or was based on a mistake as to a material
275 matter.
276
277 § 234-11. Public Hearings and Postings.
278
279 A. Public Hearings are required for Minor and Major Subdivisions (for both Preliminary Plats
0 and Final Plats).
292 B. Public Hearings are not required for Lot Line Adjustments.
284 C. Notice of public hearings shall be published in the official newspaper of the Town of Ithaca.
285 The law governing the publication of public hearing notices and the holding of public
286 hearings on preliminary and final plats is set forth in NYS Town Law § 276. Advertising or
287 publishing the notice, in accordance with the provisions of NYS Town Law § 276, is the only
Mnotice legally required.
290 D. In order to promote public information and participation in the subdivision approval
291 procedures, public notice shall be posted by the subdivider in accordance with, and shall be
292 governed by the provisions of, Town Code § 270-237 (A) through (F) posting of notices. .
293 Regardless of whether the subdivider posts the notice, the Planning Board shall comply
294 with the timing requirements in NYS Town Law § 276 for public hearings and decisions on
295 Preliminary Plats and Final Plats.
296
297 § 234-12. (Reserved)
298
299 Article IV: Lot Line Adjustments
300
301 § 234-13. Procedures.
302 Applications for Lot Line Adjustments shall be made to the Planning Department via the Town's
303 digital online application program and shall consist of documentation listed on the relevant
304 checklist. A summary of Lot Line Adjustment procedures includes:
0 A. Classification and general application requirements, pursuant to Article III above.
308 B. Criteria to determine if proposal is a Lot Line Adjustment:
309 1. All lots are contiguous;
310 2. The result of the adjustment does not create new additional lots;
311 3. The result does not create any new nonconforming lots, or enlarge or increase the
312 nonconforming aspect of any legally existing nonconforming lot;
313 4. A property split off from a parcel will be transferred to the contiguous lot owner (if
314 different) and consolidated with the contiguous lot;
315 5. None of the lots require site plan or special permit approval by the Planning Board, or
316 variances or special approval by the Zoning Board of Appeals;
317 6. The adjustment is not part of a larger development plan, and does not result in the
318 piecemeal subdivision of a larger project; and
320 7. No more than five acres in the aggregate are proposed to be transferred.
321 C. The Director of Planning and the Director of Code Enforcement shall review applications for
322 lot line adjustments to ensure that the proposal:
323 1. Creates lots that conform to the Town Code, Chapter 270, Zoning;
324 2. Creates buildable lot conditions; and
325 3. Existing conservation and agricultural easements remain in effect.
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Town of Ithaca, NY—Chapter 234: Subdivision of Land DRAFT 0611712026
326
327 D. The Director of Engineering shall review the proposal to ensure that relevant municipal
328 easements, stormwater facilities, and other public or private utilities and other infrastructure
330 remain accessible and operable.
331 E. The Director of Planning shall have 30 days from the date the application is deemed
332 complete to approve or deny an application for a Lot Line Adjustment. If the application is
333 approved, the Director of Planning shall stamp and sign the survey map. The applicant shall
334 then file the survey map with the Tompkins County Clerk, along with the corresponding
335 deed effecting the Lot Line Adjustment, if property is being transferred.
336
337 § 234-14 (Reserved)
338
339 Article V: Minor Subdivisions
340 § 234-15. Procedures.
341 Minor Subdivisions shall be considered for a single-stage review by the Planning Board. The
342 subdivider does not submit a preliminary plat, and the Planning Board considers only a final plat. A
Nisummary of minor subdivision procedures includes:
�45 A. Classification and general application requirements, pursuant to Article III above.
347 B. Process and submission requirements, which include all documentation and information
348 required for final plats as specified in §§ 234-19 and 234-20 of this Chapter and listed on
349 the relevant final plat checklist. A subdivider may voluntarily opt to submit a sketch plan for
0 a Minor Subdivision.
N2 C. Public hearing requirements, pursuant to § 234-11.
355 D. Planning Board findings and a decision, pursuant to § 234-21.
356 E. The submitted plat drawing shall be marked as final and shall include a note that no
357 preliminary subdivision review was required.
358
359 § 234-16. (Reserved)
360
361 Article VI: Major Subdivisions
362 § 234-17. Procedures.
364 A summary of major subdivision procedures and requirements includes:
MRA. Classification and general application requirements, pursuant to Article III above.
367 B. Process and submission requirements, which consist of three main stages: the sketch plan
368 review, the preliminary subdivision review, and the final subdivision review. § 234-18, § 234-
369 19, and § 234-20 describe items that should be included and considered with each particular
3371 review stage.
3373 C. Public hearing requirements, pursuant to § 234-11.
374 D. Planning board findings and decision, pursuant to § 234-21.
376 E. Subdivision Design Standards, pursuant to Article VII below.
377
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Town of Ithaca, NY—Chapter 234: Subdivision of Land DRAFT 0611712026
378 § 234-18. Sketch Plan Review.
379 A Sketch Plan shall be submitted for review by the Planning Board for any proposed Major
380 Subdivision. A sketch plan shall be clearly marked as such and include documentation listed on the
382 relevant sketch plan checklist.
383 A. It is the responsibility of the subdivider to provide a sketch plan that depicts a reasoned and
384 viable proposal for subdivision and subsequent development of the lot(s).
386 B. Planning Board members may suggest modifications to but shall not approve or disapprove
387 a sketch plan. Comments made by individual Board members during a sketch plan review
388 shall not be interpreted as constituting approval or disapproval by the Board, nor shall they
389 be interpreted to limit the scope of any subsequent review or approval of a future plan.
390
391 § 234-19. Preliminary Subdivision Review.
392 The procedure for Preliminary Subdivision Review shall be as provided for in this Chapter and
393 (except to the extent superseded by this Chapter) NYS Town Law §§ 276 through 278, as they
394 may from time to time be amended. All necessary information shall be in full compliance with the
��R provisions of Town Law and this Chapter.
397 A. The subdivider shall submit to the Director of Planning or their designee all materials as
399 specified by the Preliminary Subdivision checklist
400 B. In addition, the subdivider shall furnish such information, data, maps, reports or other
401 documents which the Town or the Planning Board may require for the environmental review
402 procedures, including all applicable requirements of the New York State Environmental
403 Quality Review Act (SEQR) and Chapter 148, Environmental Quality Review, of the Town of
404 Ithaca Code, as they may be amended from time to time, or any other applicable rule,
405 regulation, code, or law. An application for preliminary subdivision review shall not be
406 deemed complete until a negative declaration has been filed or until a notice of completion
407 of the draft environmental impact statement has been filed in accordance with the provisions
408 of SEQR. The time periods for reviewing a preliminary subdivision application shall begin
409 upon filing of such negative declaration or such notice of completion.
410 §234-20. Final Subdivision Review.
411 The procedure for Final Subdivision Review shall be as provided for in this Chapter and (except to
412 the extent superseded by this Chapter) Town Law §§ 276 through 278, as they may from time to
4113 time be amended. All necessary information shall be in full compliance with the provisions of Town
414 Law and this Chapter.
416 A. The subdivider shall submit to the Director of Planning or their designee all materials as
417 specified by the Final Subdivision checklist.
419 B. In addition to following the procedures in Town Law §§ 276 through 278, the subdivider shall
420 also comply with the provisions of the following subsections:
421 1. (a) For all streets, sidewalks, open space, utilities, and other public improvements that
422 the subdivider proposes to be conveyed to the Town as public property, the
423 subdivider must make formal offers of dedication to the Town of such land, open
424 space and improvements, in a form acceptable to the Town Board. Approval of the
425 plat by the Planning Board shall not constitute acceptance by the Town Board of
426 any streets, sidewalks, open space, or other public improvements. The mere act of
427 offering dedication shall not create any presumption that the Town has accepted the
428 same. Additional information related to dedication of the above can be found in §
429 234-28, and in Article VIII of this Chapter (Infrastructure).
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Town of Ithaca, NY—Chapter 234: Subdivision of Land DRAFT 0611712026
430
431 (b) All such offers are nonrevocable (or, if the Town Board expressly authorizes or
432 declares them to be revocable, then irrevocable for 365 days after the filing of the
433 final plat with the County Clerk's Office), and each such street, sidewalk, open
434 space, utility, or other public improvement shown on the final subdivision plat shall
435 be deemed to be private until such time as each of the same has been formally
437 accepted by the Town.
438 (c) The subdivider shall, for all lots or areas marked for future use or dedication, provide
439 to the Town title documents and conveyances of title or rights-of-way or easements,
440 as applicable or required, in a form acceptable to the Town's attorney, together with
4411 such tax searches, abstracts, resolutions, or other documents as such attorney may
443 reasonably require to verify good title.
444 2. The subdivider shall obtain and file with the Planning Board any required approval from
4465 the Tompkins County Whole Health or successor agency, indicating satisfactory design
447 compliance with the realty subdivision provisions of the County Sanitary Code.
448 C. In a regulating plan area for traditional neighborhood development (TND), additional and
448 different requirements for final subdivision approval apply. (See § 272-803.4.)
45
451 D. The final approved plat shall show approved locations for intensive development, approved
452 locations for less dense development, and any lands that will be protected by conservation
453 easement and/or plat notations, as determined by the Planning Board based on the
454 Resource Analysis required by § 234-24.D.
455
456 § 234-21. Planning Board findings and decision.
457 Planning Board decisions regarding subdivisions shall be accompanied by findings about whether
458 the following standards have been met, where applicable, in accordance with the policy statement
488 in Article I, § 234-1 and, for Major Subdivisions, the Resource Analysis in Article VII, § 234-24.D:
4661 A. The proposal complies with the Town's adopted Complete Streets Policy and Site Design
463 and Development Criteria Manual.
464 B. The proposal clearly and accurately shows buildable areas and describes any proposed
465 development. The arrangement, location, and width of streets and sizes of lots are
466 adequate, and particular attention has been given to their relation to the topography of the
499 land and the natural and cultural resources of adjoining lands.
469 C. Where site plan review is required by § 270-184, or the subdivision creates more than
470 twenty five (25) lots, the exterior characteristics of proposed structures shall demonstrate
471 consistency with objective architectural design principles, including but not limited to:
472 balance, connection, contrast, emphasis, form, grouping, pattern, placement, proportion,
473 rhythm, scale, unity, and variety. In making this finding, the Planning Board will not prescribe
474 a particular architectural style but shall ensure that structure design avoids visual monotony,
475 excessive bulk, or discordant forms that undermine the Town's Comprehensive Plan goals.
476 The Planning Board's review shall focus on:
477 1. Compatibility with surrounding context (including prevailing form, scale, massing, and
478 materials);
479 2. Visual cohesion among structures within the subdivision; and
IF3. Alignment with any adopted Town design guidelines or neighborhood regulating plans.
482 D. The proposed lots and development have provided for sufficient space for on-site vehicular
4g83 and bicycle parking, for loading and unloading and similar activities, and for adequate
484 emergency access.
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Town of Ithaca, NY—Chapter 234: Subdivision of Land DRAFT 0611712026
486 E. The proposal minimizes potential for flood damage to proposed improvements and adjoining
487 properties and complies with Chapter 157 of the Town of Ithaca Code, Flood Damage
198 Prevention.
490 F. Proper provision has been made for stormwater management, in compliance with current
491 NYSDEC requirements and Chapter 228 of the Town of Ithaca Code, Stormwater
493 Management and Erosion and Sediment Control.
494 G.The proposal provides for safe and sufficient water supply, proper sewage disposal, and
28 proper access to other available utilities such as electric and telephone.
497 H. For cluster subdivisions, and to the extent practicable, the subdivision has been designed
498 and maintained to ensure that the conservation assets identified on the site in the Resource
488 Analysis retain their qualities, and the subdivision has avoided fragmentation of such assets.
501 I. For conventional subdivisions, and to the extent practicable, the proposal preserves and
502 protects any sensitive environmental characteristics on the site, including wetlands, streams,
503 steep slopes, threatened or endangered plant or animal species, trees with diameter-at-
504 breast-height (DBH) of 10-12 inches or more for softwoods and 5-6 inches or more for
505 hardwoods, cultural and historic resources, scenic resources, and other such assets.
506 Provision has been made for maintaining existing known ecological corridors to mitigate any
58Aadverse environmental impacts and to sustain biodiversity.
509 J. Pursuant to NYS Town Law § 277 and Article VII, § 234-29 (Reservations of parks and
510 recreational lands), park areas of suitable location, size and character for playground and
511 other recreational or open space purposes have been shown on the subdivision plat, if
512 required by the Planning Board. Provision has been made for the adequate permanent
513 reservations of open space, pedestrian trails, viewing areas, and parks; and such areas
519 have been shown on the plat.
516 K. Subdivision proposals located within an Agricultural Zone have complied with the density
517 limitations and limitations on subdivisions listed in Chapter 270, Zoning, § 270-35.
519 L. Subdivision proposals located within a Conservation Zone have complied with the density
520 limitations and limitations on subdivisions listed in Chapter 270, Zoning, § 270-20.
521
522 § 234-22. (Reserved)
523
524 Article VII: Subdivision Design Standards
525
529 § 234-23. General procedures.
528 A. All major subdivisions shall be subject to design standards. Cluster subdivision is required
529 in all cases of new major subdivisions and re-subdivisions, unless:
530 1. The subdivision is located within the High Density Residential Zone,
531 2. The subdivision falls under the § 234-24.C.1 exception, or
RH3. The Planning Board approves a conventional plat, pursuant to §234-24.C.2.
534 B. Cluster subdivisions are not required for minor subdivisions and are prohibited in the High
535 Density Residential Zone. Subdivision design standards for conventional subdivisions are
5J7 listed in § 234-26.
538 C. In a proposed or approved regulating plan area for Traditional Neighborhood Development
539 (TND), the New Neighborhood Code applies additional and different requirements for
540 thoroughfare and street types and patterns, parks and preserves, lot arrangement, and
10
Town of Ithaca, NY—Chapter 234: Subdivision of Land DRAFT 0611712026
541 other aspects of 1) neighborhood design, 2) the public realm, and 3) subdivision review and
542 approval. (See §§ 272-301 through 272-310, 272-403, 272-702.3, 272-802, and 272-803.
543
544 § 234-24. Cluster subdivisions.
545 Clustering permits flexibility in the development of land and results in a concentration of occupancy
546 or use in a particular area of land and space, which encourages the preservation of available open
547 space and reduces the cost and maintenance of public improvements. Submission requirements
548 for cluster subdivisions are required per the cluster subdivision checklist, as adopted by Town
549 Board and amended from time to time, along with design steps, review steps, and calculation
550 procedures enumerated below:
551
552 A. Purpose and applicability. The purpose of cluster subdivision regulation is to:
553 1. Achieve a balance between well-designed development and meaningful open space
554 conservation/natural resource protection;
555 2. Encourage conservation and development in the most appropriate locations on a
556 subdivided parcel, limit the impact of development on sensitive and/or significant
557 natural, agricultural, scenic, cultural, and historic resources, and encourage
558 development that enhances the Town's character, pattern and scale of settlement;
559 3. Allow for residential development on lots that are smaller than would otherwise be
560 permitted in the applicable zoning district in exchange for the protection of conservation
561 assets identified in the Town's Open Space Index;
562 4. Encourage the placement of lots and design of the transportation network in a manner
563 that results in the more efficient provision of infrastructure and delivery of public
564 services and that supports a walkable and socially cohesive residential community.
565 5. Cluster development is applicable in Agricultural and Conservation Zones, and all
566 residential zoning districts, except High Density Residential. Additional special
567 considerations in the Agricultural and Conservation Zones apply (B.3 below).
568
569 B. Cluster general design standards and procedures.
570 1. The minimum gross area for any cluster subdivision proposal shall be five acres;
571 2. The number of dwelling units permitted in a cluster subdivision shall be determined as
572 described in Town Law § 278. To illustrate the number of dwelling units that can be
573 accommodated on the site, the subdivider must submit a sketch plan of a conventional
574 subdivision in which all lots comply with the minimum requirements permitted by Zoning
575 and the requirements in §234-26 (Conventional subdivision design standards and
576 procedures). The Site Capacity Calculation Worksheet will assist subdividers with
577 calculating the number of dwelling units permitted, based on the conventional
578 subdivision.
579 3. Proposals located within an Agricultural Zone must comply with the special density
580 limitations and limitations on subdivisions listed in Chapter 270, Zoning, § 270-35.
581 Proposals located within a Conservation Zone must comply with the special cluster
582 provisions listed in Chapter 270, Zoning, § 270-20;
583 4. A cluster subdivision must be designed and maintained to avoid fragmentation of
584 conservation assets and to maintain wildlife corridors that connect significant ecological
585 communities;
586 5. Existing vegetation shall be preserved during development to the fullest extent possible,
587 including prevention of the introduction of invasive species (see Resource Analysis
588 provisions below); movement or parking of vehicles and equipment in proposed
589 conservation areas is prohibited under the canopy/dripline of trees with 1 W-12"
590 diameter at breast height for softwoods and F-6" diameter at breast height for
591 hardwoods. The Planning Board may require such trees to be protected with temporary
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Town of Ithaca, NY—Chapter 234: Subdivision of Land DRAFT 0611712026
592 fencing at the driplines during construction;
593 6. The boundaries and alignment of existing streams shall be preserved unless a change
594 complies with Town Code § 270-219.5 (stream setback). Land areas subject to flooding
595 that may be a danger to health, life or property, or may exacerbate an existing flood
596 hazard, shall not be plotted for residential uses. Such land areas shall be noted as
597 "undevelopable" on the plat;
598 7. The Planning Board may entertain an application for the cluster subdivision of a portion
599 of a parcel if a Resource Analysis is provided for the entire parcel. The approval to
600 develop a portion of the parcel is not a basis for the subdivider or successor in interest
601 to subsequently request an exception under Subsection C(2)for the remainder of the
602 parcel.
603
604 C. Exceptions.
605 1. The Planning Board may allow, but shall not require, a cluster subdivision if the total
606 acreage of land to be subdivided is less than five acres in size. Cluster subdivisions are
607 not required for minor subdivisions on a parcel of any size.
608 2. The Planning Board may allow and may approve a conventional subdivision plat if the
609 Board determines that there is no reasonable basis for requiring a cluster subdivision.
610 For the Planning Board to make such a determination, the Planning Board must find the
611 following:
612 (a) The land contains no or limited resources with conservation value or that are listed
613 in the Town's Open Space Index; or
614 (b) The total acreage under consideration is too small to preserve a substantial
615 amount of land with conservation value (this criterion shall not be evaded by
616 piecemeal subdivision or lot line adjustment of larger tracts); or
617 (c) The subdivider has made a clear and compelling case that proves that a
618 conventional subdivision will better implement key Comprehensive Plan goals and
619 policies than a cluster subdivision (e.g., a conventional subdivision will better
620 preserve/protect environmentally, agriculturally, and visually sensitive areas).
621
622 D. Resource Analysis.
623 1. As part of its Preliminary Subdivision Review submission, a subdivider shall prepare a
624 Resource Analysis, consisting of inventory maps, a written description of the land, an
625 analysis of the conservation value of various site features, and an explanation of how
626 the built environment and natural features will be integrated through the design of the
627 cluster subdivision.
628 2. The Resource Analysis shall describe the current and potential conservation value of all
629 land on the site. In the course of its preliminary subdivision review, the Planning Board
630 shall apply the data in the Town of Ithaca Open Space Index and shall determine which
631 open space and conservation assets are present and should be considered for
632 preservation.
633 3. The outcome of the Resource Analysis and the Planning Board's determination shall be
634 incorporated into any approved preliminary plat. The preliminary plat shall show
635 preferred locations for intensive development, acceptable locations for less dense
636 development, and any lands that should be protected by a conservation easement
637 and/or plat notation. The cluster subdivision must be designed to protect the
638 conservation assets proposed to be preserved from future disturbance due to
639 incompatible development, changes in ecological function or other impacts associated
640 with development of the site.
641 4. The Planning Board shall make written findings identifying the specific conservation
642 values protected and the conservation findings supporting such protection. An
12
Town of Ithaca, NY—Chapter 234: Subdivision of Land DRAFT 0611712026
643 application that does not include a complete Resource Analysis sufficient for the
644 Planning Board to make its findings shall be considered incomplete.
645 5. The Resource Analysis must identify and delineate all "Class 1," "Class 2," and "Class
R16 3" assets, as described here:
648 (a) Class 1 assets: Constrained or unbuildable lands (see Figure 1). Constrained or
649 unbuildable lands are areas described in [1] through [9] below, or that are unsuited
650 for development due to Federal, State or Town regulations, deed restrictions,
651 easements, or other physical or legal limitations to development. The area of these
652 lands will not count in the determination of the maximum number of lots that would
653 have been possible in a conventional subdivision. Class 1 assets include:
654 [1] Parcels located entirely within a Critical Environmental Area (CEA), as defined by
655 the NYS Department of Environmental Conservation (DEC); and areas within 100
656 feet of a CEA;
657 [2] Endangered and Threatened plant or animal wildlife communities last identified
658 on the site within the last 50 years, as identified by the NYS DEC's Natural
659 Resources database and EAF Mapper Program; or by a licensed
660 biologist/botanist;
661 [3]Wetlands that require a permit from the Army Corps of Engineers and/or NYS
662 DEC to comply with prevailing Federal or State wetlands regulations ;
663 [4] Areas of Special Flood Hazard, as depicted in the Town of Ithaca Flood
664 Insurance Rate Map (FIRM);
665 [5] Slopes of 40% or more, and Major Rock Gorges, as described in the Town Open
666 Space Index;
667 [6] Highly Erodible Soils, as identified by the USDA Natural Resources Conservation
668 Service or similar or other successor agency;
669
670 [7] Old-Growth Woods (over 100 years old), as described in the Town Open Space
671 Index;
672 [8] Land within any of the following: 25 feet of the Ordinary High Water Level of
673 Cayuga Lake, as defined in Town Code §270-5; 100 feet of the center of any
674 stream classified as Class C or higher by the NYS DEC; or the minimum stream
675 setback widths per Town Code § 270-219.5, regardless of drainage area;
676 [9]Land within an existing or proposed stormwater management facility, occupied by
677 existing or proposed public or private streets, public utility structures or
678 improvements, or within portions of easements/rights-of-way where development
679 is not allowed.
Class 1: Class 1: Class 1:
Steep Slopes Wetlands Old Growth Forest
__..int Lot
—State
Parkland
Figure 1: Parcel in green, "Class 1"
assets labeled(steep slopes, wetlands,
680 old growth forest)
13
Town of Ithaca, NY—Chapter 234: Subdivision of Land DRAFT 0611712026
681
682 (b) Class 2: Priority conservation assets (see Figure 2). Class 2 assets are the following
683 identified in the Town Open Space Index, exclusive of any assets classified as Class 1:
684 [1] Land that includes rare or vulnerable ecological communities, as defined in the
685 DEC's New York Natural Heritage Program;
686 [2] Mature Woods "Greater Than Five Acres," as described in the Open Space
687 Index;
688 [3] Agricultural land that was farmed within the past two years, and with soils defined
689 as Class I or Class II by the USDA Natural Resources Conservation Service or
690 similar or other successor agency;
691 [4] Riparian buffers, measured an additional 50 feet beyond the 100-foot stream
692 centerline measurement for Class C or higher streams included in Class 1 lands,
693 and regardless of drainage area noted in Town Code § 270-219.5;
694 [5] Slopes of at least 15% and less than 40%.
695 [6] Historic or indigenous sites within or adjoining the site that are designated as
696 sensitive for archaeological sites on the New York State Historic Preservation
697 Office archaeological site inventory.
Class 2: Class 2:
Mature woods Riparian buffer
Vacant Lot
State
Parkland
Figure 2: Same parcel in green, "Class
2"assets labeled(mature woods,
698 riparian buffer)
699
700 (c) Class 3: Secondary conservation assets (see Figure 3). Class 3 assets include the
701 following identified in the Town Open Space Index, exclusive of any assets classified as
702 Class 1 or Class 2:
703 [1] Land including or immediately adjacent to historic sites that are listed, or are
704 eligible to be listed, on the National and State Registers of Historic Places, or are
705 included in the Town Limited Historic Commercial Overlay District;
706 [2] Agricultural land that was farmed within the past two years;
707 [3] Land within a Tompkins County Unique Natural Area (UNA) and areas within 100
708 feet of a UNA;
709 [4] Land on the Tompkins County Scenic Resource Inventory lists of"Distinctive"
710 and "Noteworthy" views; or the Town of Ithaca Scenic Resources Inventory list of
711 "Scenic Views of Local Significance" and "Noteworthy Scenic Views";
712 [5] Recreational resources, publicly accessible open space, and lands that provide
713 connectivity to public land, as noted in the Town's Park, Recreation, and Open
714 Space Plan and Open Space Index, respectively;
715 [6] Areas within 100 feet of a New York State park, or within 50 feet of a Town
716 park/preserve, Finger Lakes Land Trust preserve, or Nature Conservancy
717 preserve; and Town-held conservation easements.
718
14
Town of Ithaca, NY—Chapter 234: Subdivision of Land DRAFT 0611712026
Class 3: Class 3:
Recreational Open Spac, Areas within 100 feet of a
New York State Park
Y
Vacant Lot
State
Parkland
Figure 3: Same parcel in green, "Class 3"
assets labeled(areas within 100ft of a NYS
771209 Park, recreational open space)
721
722
723 E. Calculation methodology to determine required open space and conservation assets in
724 cluster subdivisions, based on Resource Analysis (see Figure 4 below).
725 1. Minimum open space preservation requirement-At least 40% of the area of the parent
726 parcel must be preserved as open space. The preserved land must include:
727 (a) All Class 1 assets;
728 (b) At least 80% of all land that contains Class 2 assets; and
7J8 (c) At least 40% of the land that contains Class 3 assets;
731 2. Connections to adjoining land. The subdivision design must incorporate any connections
732 between conservation assets on and adjoining the site to maximize their functional value
733 as contiguous biological corridors or other types of land connections listed in the Open
734 Space Index.
735
Unbuildable —
Lands (blue) _ �nanttot
—state
PaMlantl
Buildable Lands
(green &open space)
State
1 Parkland
Parcel
r Vacant Lot
State
Parkland
736
737 Figure 4: Same parcel with all preserved assets at required percentages (100% of Class 1 assets,
738 80% of Class 2 assets, and 40% of Class 3 assets). Buildable areas are shown in green.
15
Town of Ithaca, NY—Chapter 234: Subdivision of Land DRAFT 0611712026
739
740 F. Housing types, area and dimensional requirements, building heights in cluster subdivisions.
741 1. Notwithstanding the requirements of the zoning district, residential development as part
742 of a cluster subdivision may include one-family dwellings, two-family dwellings, and
743 townhomes and apartment buildings with a maximum of up to six dwelling units per
744 building.
745 2. Area and dimensional requirements:
746 (a) The Planning Board may waive requirements for minimum lot sizes and setbacks
747 that would otherwise apply to residences in the zoning district. The Planning Board
748 may not waive maximum sizes for accessory dwelling units (ADUs);
749 (b) Appropriate lot sizes will be determined by the Planning Board after careful
750 consideration of all site characteristics and development requirements. Within areas
751 not served by public water and sanitary sewer service, minimum lot sizes shall be
752 determined with regard to specific site characteristics and public health and safety
753 concerns and requirements in consultation with Tompkins County Whole Health;
754 (c) The subdivider shall specify lot sizes, and other lot dimensions and building setbacks
755 to be incorporated into the final plat. Lot dimensions and building setbacks must be
756 based on careful consideration of all site characteristics and development
757 requirements;
758 (d) Setbacks between any residences and parcels adjoining the cluster subdivision must
759 be at least the minimum setback required in the zoning district for single-family
760 residences.
�62 (e) Maximum height limits in the zoning district shall apply.
763 G. Flag lots. Flag lots are permitted in limited applications in subdivisions to avoid extending
764 streets further than necessary. The following standards shall apply:
765 1. No more than two contiguous flag lots shall be created. Whenever practicable, adjoining
766 flag lots should be platted in a manner that encourages shared driveway access points
767 along streets shown on the Official Town Map.
768 2. Flag lots shall comprise no more than 10 percent of all lots in the subdivision.
769 3. The access strip of a flag lot shall be owned by the owner of the main portion of the flag
770 lot and shall extend to an existing street shown on the Town's Official Map. The access
771 strip shall serve as the primary access for the lot.
772 4. The access strip shall have a minimum width of 20 feet. The width shall be increased as
773 necessary to contain all grading for the driveway within the access strip.
774 5. The access strip shall have a maximum length of 200 feet.
775 6. The minimum lot area of the flag lot shall be calculated exclusive of the access strip.
776 7. In areas where agriculture is the predominant land use, flag lots should be located on
777 the least productive agricultural lands and be configured to minimize interference with
778 the agricultural use of the remaining lands.
779
780 § 234-25. (Reserved)
781
782 § 234-26. Conventional subdivision design standards and procedures.
783 Submission requirements for conventional subdivisions are required per the Preliminary and Final
784 Subdivision checklists, along with the review steps and procedures enumerated below.
785 Conventional subdivisions do not require a Resource Analysis, conservation easement, or plat
786 notation. Rather, the area, width, depth, and orientation of lots shall be appropriate for the location
79A of the subdivision and for the type of development permitted by Chapter 270, Zoning.
789 A. Minimum lot areas and dimensions shall be as established in Chapter 270, Zoning, and
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Town of Ithaca, NY—Chapter 234: Subdivision of Land DRAFT 0611712026
790 Chapter 271, Zoning: Special Land Use Districts. Lots shall exclude any portion of a public
�92 highway right-of-way that may be included within the deed description of the lot.
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
798 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
802 required buffer zones. Unbuildable areas are areas that are unsuited for development due to
803 Federal, State or Town regulations, deed restrictions, easements, or other physical or legal
804 limitations to development. Unbuildable areas in a conventional subdivision include Class 1
805 assets [1] through [7], and [9], listed in § 234-24.D.5(a) Resource Analysis. The Planning
806 Board may also exclude any other areas that, in its opinion, are unsuitable for construction
807 because of steep slopes, poor drainage, or other considerations which may be injurious to
988 the health, safety, or welfare of the community.
810 D. The lengths, widths, and shapes of blocks shall be determined with due regard to the
811 provision of building sites suitable to the special needs of the type of uses contemplated,
812 need for convenient access, circulation, control and safety of street traffic, solar access and
813 the limitations and opportunities of topography. Residential blocks shall not be more than
814 1,200 feet in length, except as the Planning Board determines necessary to secure efficient
815 use of land or to achieve desired features of the transportation system; measurement of
816 block length shall be between property lines. Blocks shall comply with the Town's Complete
818 Streets Policy and Site Design and Development Criteria Manual.
819 E. In a proposed or approved regulating plan area for traditional neighborhood development
820 (TND), New Neighborhood Code requirements for thoroughfare and block pattern and lot
821 siting apply. (See §§ 272-306 and 272-403.23.)
822
823 § 234-27. (Reserved)
8825 § 234-28. Reservation of land for public utilities.
826 A. Whenever a subdivider proposes easements or land that includes all or part of the proposed
827 site for a public utility, the Planning Board shall submit the proposed plat to the public body
828 responsible for acquiring the land for the site before approving the preliminary plat of the
830 subdivision.
831 B. No proposed dedication by the subdivider for a Town of Ithaca easement or street or other
832 public use shall be shown on a final plat unless the Town Board authorizes acceptance of
834 the concept and location of such dedication prior to final subdivision approval.
835 C. In a proposed or approved regulating plan area for traditional neighborhood development
836 (TND), additional and different requirements for land reservation and dedication for public
838 facilities, utilities, infrastructure, and easements apply. (See §§ 272-306 through 272-309.)
839 D. If access to a subdivision is only across land in another municipality, the Planning Board
840 may request assurance from the adjoining municipality's attorney and Highway
841 Superintendent (or equivalent title) that the access street is suitably improved or that a
842 performance guarantee or security has been duly executed and is sufficient security to
17
Town of Ithaca, NY—Chapter 234: Subdivision of Land DRAFT 0611712026
843 ensure access has been constructed.
844
g4g § 234-29. Reservations of parks and recreational lands.
847 A. If the Planning Board requires a reservation of parkland, such reservation shall be of suitable
848 size, dimension, topography, and general character and shall have adequate street access
849 for the particular purposes envisioned by the Planning Board.
850 1. The Board may require that the parkland be located at a suitable place on the edge of
851 the subdivision so that additional land may be added at such time as the adjacent land is
852 subdivided.
853 2. The subdivider must offer dedication of all such parkland to the Town where the
854 Planning Board has determined that parkland must be owned by the Town.
855 3. Reservation of parkland on subdivision plats containing dwelling units shall be in
856 accordance with NYS Town Law § 277(4). The amount of land to be so reserved for a
857 conventional subdivision shall be determined by the Planning Board on a case by case
858 basis. The area shall be shown and marked on the final plat "Reserved for Park
860 Purposes."
861 B. Pursuant to NYS Town Law § 277, the Planning Board may require payment in lieu of
862 parkland. The Town Board has established a formula for such payments in Town Code
9934 §153-3, which may be amended from time to time.
865 C. The provisions of this section are minimum standards. None of the subsections above shall
866 be construed as prohibiting a subdivider from reserving other land for recreation purposes in
868 addition to the requirements of this section.
869 D. In a proposed or approved regulating plan area for traditional neighborhood development
870 (TND), New Neighborhood Code requirements for park and preserve land area, types,
871 location, configuration, connectivity, access, programming, and ownership apply. (See §
872 272-308.) Payment in lieu of land reservation does not apply for traditional neighborhood
873 development and is not a substitute for providing and improving parks and preserves.
874
875 § 234-30. (Reserved)
876
877 Article Vill. Infrastructure
878
887899 § 234-31. Transportation Network.
881 A. Design and construction of a street(s) as defined herein and related improvements shall be
882 in accordance with the standards and specifications described in the Town of Ithaca Site
883 Design and Development Criteria Manual, copies of which are available in the office of the
884 Town Engineer. The subdivider shall improve or agree to improve all streets and other ways
885 to provide drainage improvements, all in such manner as is necessary for the general use of
886 lot owners in the subdivision and to meet local traffic and drainage needs, including the
887 needs of pedestrian and bicycle traffic as may be required by the Town of Ithaca Complete
888 Streets Policy. Streets shall be graded, surfaced, and improved to the grades and
889 dimensions shown on plats, profiles, and cross-sections submitted by the subdivider and
M0approved by the Planning Board, Town Engineer, and Town Highway Superintendent.
892 B. Street names shall be shown; they shall provide for continuation of the names of existing
893 streets wherever appropriate; they shall not duplicate the names of streets elsewhere in
895 Tompkins County.
Town of Ithaca, NY—Chapter 234: Subdivision of Land DRAFT 0611712026
896 C. In a proposed or approved regulating plan area for traditional neighborhood development
897 (TND), New Neighborhood Code requirements for arrangement of streets, street types and
He elements, provision of alleys, and geometry apply. (See §§ 272-306 and 272-307.)
900 D. Whenever a subdivider proposes to dedicate a street or transportation network to the town,
901 the Town Board shall determine whether to authorize acceptance of the concept and
902 location of such dedication prior to the Planning Board's consideration of final subdivision
Napproval.
905 E. Prior to the Town Board's consideration of final acceptance of streets or utilities, the Highway
906 Superintendent and Town Engineer shall determine whether all public utilities, streets, and
907 required improvements have been completed in accordance with the approved plans and
908 specifications and applicable requirements and regulations.
909
9910 § 234-32. Phased developments.
11
912 A. In phased developments, a schedule of improvements shall be made in accordance with an
913 agreement satisfactory to the Director of Planning, Town Engineer, and Attorney for the
914 Town. The agreement will provide for the maintenance of existing roads and utilities and shall
915 be approved and executed before the Planning Board issues final subdivision approval. The
916 subdivider will provide a description of the sequential installation of improvements that will
917 service the development, including the entity that provides the improvements, the date any
918 new improvements, if needed, will be constructed, and a schedule to assure improvements
919 are available concurrent with the impacts of the development. The agreement may be
920 conditioned to require that the entire development or any phase of it be commenced or
922 completed within a specified period of time.
923 B. Construction completion (performance guarantee). In order to ensure the full and faithful
924 completion of all improvements, the Town may require the subdivider to provide a
925 performance bond or other security prior to the commencement of Land Development
926 Activity. The provisions of NYS Town Law§ 277(9) shall apply to such performance
928 guarantee.
929 C. If the work of a particular phase has been completed satisfactorily, the Town may release the
930 appropriate portion of the performance guarantee, or, if the work is subject to a warranty or
931 demonstration period, may delay release of that portion until the end of such warranty or
932 demonstration period. If work is not completed satisfactorily, the applicant shall act to bring
933 the phase into conformity before commencing work on the next phase of development. In a
934 phased development, the issuance of building permits in each phase may not occur until
936 completion of the prior phase.
937 D. In a regulating plan area for traditional neighborhood development (TND), New
938 Neighborhood Code requirements for a subdivision phasing plan may apply. (See § 272-
939 703.3.3.)
940 § 234-33. Storm and surface drainage.
941 All land development shall be related to the surrounding drainage pattern, with provisions made for
942 proper storm drainage facilities. All drainage improvements must be acceptable to the Town's
943 Stormwater Management Officer and shall comply with the provisions of Town Code Chapter 228:
944 Stormwater Management.
945 § 234-34. Underground wires and cables.
19
Town of Ithaca, NY—Chapter 234: Subdivision of Land DRAFT 0611712026
947 A. Wires and cables providing local utility and similar services (including but not limited to
948 electric, internet, telephone, cable television, and streetlighting) in subdivisions shall be
949 placed underground, except as otherwise specified in Town Code § 270-219, Personal
�5y Wireless Service Facilities.
952 B. In a regulating plan area for traditional neighborhood development (TND), New Neighborhood
953 Code requirements for underground utilities apply. (See § 272-309.2.1.)
954 § 234-35. (Reserved)
955
956 Article IX. Permitting & Enforcement
957
958 § 234-36. Building permits.
959 No building permit for any permanent building within the subdivision or lot to be sold or developed
960 shall be authorized until after the subdivision plat has received final approval by the Planning
961 Board, and the plat has been filed in the office of the Tompkins County Clerk. All projects involving
962 the construction of buildings shall also comply with the provisions of Town Code, Chapter 125,
963 Building Construction and Fire Prevention.
964 § 234-37. Enforcement and Appeals.
965 The Director of Code Enforcement, the Director of Planning, or the Town Engineer, shall enforce
966 this Chapter. The term "Enforcement Official" refers to any or all of them. Any person aggrieved by
967 any decision of any officer of the Town charged with the enforcement of this Chapter may take an
968 appeal to the Zoning Board of Appeals pursuant to NYS Town Law§ 267-a. The Zoning Board of
969 Appeals shall follow the procedures in NYS Town Law § 267-a.
g970
972 § 234-38. Penalties for offenses.
973 A. Order to remedy.
974 1. If the Enforcement Official finds that there has been a violation of this Chapter, then the
975 Enforcement Official is authorized to issue an order to remedy;
976 2. An order to remedy shall be in writing; identify the property at issue; specify the condition
977 or activity that violates this Chapter; specify the provisions of this Chapter which are
978 violated by the specified condition or activity; and include a statement that the violations
979 must be corrected within 30 days after the date of the order to remedy (or, if the
980 violations are not reasonably capable of cure within 30 days, shall include a statement
981 that the owner, operator, or occupant must commence to cure such violations within
982 such thirty-day period and thereafter diligently and with continuity prosecute such cure to
983 completion in a period not to exceed 90 days after the Town's notice). The order may
984 direct the person served with the order to begin to remedy the violation(s) immediately or
985 within some other stated period of time that can be less than 30 days after the date of
986 the order; direct that compliance be achieved within the specified period of time; and
987 shall state that an action or proceeding to compel compliance and/or seek penalties,
988 fines and/or imprisonment may be instituted if compliance is not achieved within the
989 specified period of time;
990 3. The order to remedy, or a copy thereof, may be served by personal service on the
991 owner, operator or occupant, by mailing by registered or certified mail sent to the
992 address set forth in the application for any permit or approval submitted to the Town or to
993 the property address, or by posting a copy thereof on the premises that are the subject
994 of the order to remedy and mailing a copy, enclosed in a prepaid wrapper, addressed to
20
Town of Ithaca, NY—Chapter 234: Subdivision of Land DRAFT 0611712026
995 the last known address of the owner as set forth in the Town of Ithaca records, or if
996 none, in the most recent tax roll available to the Town of Ithaca. The Enforcement Official
997 shall be permitted, but not required, to cause the order to remedy, or a copy thereof, to
998 be served on any tenant, lessee, or any other person or entity taking part or assisting in
999 actions regarding any structures or uses at the affected property. Such service shall be
1000 made personally or by registered mail or certified mail; provided, however, that failure to
1001 serve any person or entity mentioned in the preceding sentence shall not affect the
INefficacy of the order to remedy.
1004 B. Fines and imprisonment. Pursuant to NYS Town Law § 268, any individual, association,
1005 organization, partnership, firm, corporation or other entity recognized by law that violates
1006 any provision of this Chapter, any term or condition of a plat or of any approval issued
1007 pursuant to this Chapter, or any term or condition of any order to remedy or other order or
1008 notice issued by the Enforcement Official pursuant to any provision of this Chapter, shall be
1009 deemed guilty of an offense, and upon conviction thereof shall be subject to a fine or
1010 imprisonment (or both) as provided in § 268. Each week's continued violation shall
1 8B constitute a separate offense.
1013 C. Civil penalties. In addition to any other remedies, any individual, association, organization,
1014 partnership, firm, corporation or other entity recognized by law that violates any provision of
1015 this Chapter, any term or condition of any plat or of any approval issued pursuant to this
1016 Chapter, or any term or condition of any order to remedy or other order or notice issued by
1017 the Enforcement Official pursuant to any provision of this Chapter, shall be liable for a civil
1018 penalty of not more than $1,000 for each day or part thereof during which such violation
1019 continues. The civil penalties provided by this subsection shall be recoverable in an action
182? instituted in the name of the Town of Ithaca;
1022 D. Injunctions and court orders. An action or proceeding in the name of the Town of Ithaca
1023 may be commenced in any court of competent jurisdiction to prevent, restrain, enjoin,
1024 correct, or abate any violation of, or to enforce, any provision of this Chapter, any term or
1025 condition of any plat or of any approval issued pursuant to this Chapter, or any term or
1026 condition of any order to remedy or other order or notice issued by the Enforcement Official
1027 pursuant to any provision of this Chapter. Such remedy shall be in addition to fines,
1028 penalties, imprisonment, and other remedies otherwise prescribed by law (including by this
1828 Chapter or by NYS Town Law).
1031 E. Remedies not exclusive. No remedy, fine or penalty specified in this section shall be the
1032 exclusive remedy, fine or penalty available to address any violation described in this
1033 Chapter, and each remedy, fine or penalty specified in this section shall be in addition to,
1034 and not in substitution for or limitation of, the other remedies, fines or penalties specified in
1035 this section, or in any other section of this Chapter or other applicable law. Any remedy, fine
1036 or penalty specified in this section may be pursued at any time, whether prior to,
1037 simultaneously with, or after the pursuit of any other remedy, fine or penalty specified in this
1038 section, in any other section of this Chapter, or in any other applicable law.
1039
1040 § 234-39. (Reserved)
1041
1042 Article X. Expiration of Subdivision Approval
1043
1044 § 234-40. Conditions; procedures.
1045
1046 A. Subdivision approvals shall expire in accordance with the provisions of NYS Town Law §§
1047 276(7)(c) and 276(11).
21
Town of Ithaca, NY—Chapter 234: Subdivision of Land DRAFT 0611712026
1048
1049 B. In addition to expiration pursuant to subsection A above, subdivision approvals (both Final
1050 and Preliminary) shall expire and the permissible construction on the property shall revert to
1051 that which would otherwise be in effect in the absence of such subdivision approval, unless
1052 within 36 months from the date of the filing of the approved final subdivision plat:
1053 1. Work has materially commenced in accordance with the finally approved subdivision
1054 plat; or
1055 2. One or more lots have been transferred from the subdivider and the deeds for same
10 duly recorded in the Tompkins County Clerk's Office.
1058 C. For the purposes of Subsection B in this section:
1059 1. Work will not have "materially commenced" unless, at a minimum:
1060 (a) A building permit, if required, has been obtained for at least one structure in the
1061 subdivision;
1062 (b) Construction equipment and tools consistent with the size of the proposed work
1063 have been brought to and been used on the site; and
1064 (c) Significant construction of streets or utilities, or significant framing, erection, or
1065 construction of a material structure, has been started and is being diligently
1066 pursued.
1067 2. A lot will not have been "transferred" unless conveyed by a deed, duly executed and
1068 recorded in the Tompkins County Clerk's Office, to:
1069 (a) A person unrelated to the subdivider in a bona fide transaction for value; or
1070 (b) A person related to the subdivider or for less than reasonable value in accordance
1071 with circumstances related to the Planning Board as part of the subdivision
1072 approval (e.g., a subdivision where the intention is to convey a lot to a relative or to
187Jconvey a lot to an adjacent landowner for less than full value).
1075 D. In addition to the foregoing, subdivision approval for a subdivision requiring construction of
1076 streets, drainage courses, water or sewer lines, or other such facilities, shall terminate as to
1077 any un-transferred lots in the event that such facilities are not substantially completed within
1878 36 months of the date of the filing of the approved subdivision plat.
1080 E. The Planning Board, upon request of the subdivider, and after a public hearing, may extend
1081 the time limits for such additional periods and upon such conditions as the Planning Board
1082 may reasonably determine. An application for such extension may be made at the time of
1083 filing of the original application or at any time thereafter up to, but no later than, six months
1084 prior to the expiration of the time limits set forth above:
1085 1. The Planning Board shall grant the request for such extension if the Board finds:
1086 (a) The imposition of the time limits set forth above in Subsections B and D would
1087 create significant hardship on the subdivider; and
1088 (b) There has not been a significant change in zoning, subdivision, engineering,
1089 environmental, or other relevant review requirements or standards since the initial
1090 approval or any subsequently granted extensions.
1091 2. For the purposes of this section, a "significant hardship" includes, but is not limited to:
1092 (a) A significant economic loss that the subdivider would suffer if an extension were not
1093 granted; or
1094 (b) The subdivider's inability to timely proceed because of:
1095 [1] A generally adverse economic climate; or
1096 [2] The subdivider's own economic circumstances have changed detrimentally; or
IN [3] An adverse event or events in the subdivider's personal affairs.
1099 F. In the event of any termination of subdivision approval pursuant to these provisions, the
1100 Planning Board or Director of Planning shall cause a notice of such termination to be
22
Town of Ithaca, NY—Chapter 234: Subdivision of Land DRAFT 0611712026
1101 delivered personally to the subdivider, or forwarded by certified mail, return receipt
1102 requested, to the subdivider at the last address for the subdivider on file at the Town of
1103 Ithaca Planning Department and shall cause a copy of such notice, together with an
11044 affidavit of service (personally or by mail) to be recorded in the Tompkins County Clerk's
1188 Office in Miscellaneous Records or other appropriate location.
1107 G. Nothing in this section is intended to alter the effect of Town Law § 265-a on lots in a
110
8 subdivision when zoning is changed to increase lot sizes or other requirements thereby
0Mg rendering an existing subdivision's lots nonconforming.
1111 H. In a regulating plan area for traditional neighborhood development (TND), New
1112 Neighborhood Code rules for expiration of subdivision approval apply. (Preliminary plat: §
1113 272-703.4.1; final plat: § 272-703.4.2.)
1114
1115 § 234-41. (Reserved)
1116
1117 Article XI. Supersession
1118
1119 § 234-42. Supersession
1120 Pursuant to NYS Municipal Home Rule Law § 22, the Town hereby states that its intent is to
1121 supersede all contrary provisions of New York State Town Law, including, but not limited to, the
1122 following:
1123
112445 A. Town Law § 276, Subdivision 4's definition of subdivision, and Subdivisions 7(c) and 11 (to
1126 the extent the Town has added additional or different expiration and extension provisions);
112
1127 B. Town Law § 277, Subdivision 2 (to the extent that the Town has added more requirements),
112g8 and Subdivision 7 (to extent the Town has added a different waiver standard applicable to
1120 application submissions); and
113
1131 C. Town Law § 278, Subdivisions 2(a) and 3(a) (to the extent the Town has altered the
1132 Planning Board's discretion as to whether to allow a cluster subdivision), Subdivision 3(c)
1133 (to the extent the Town has altered the Planning Board's discretion regarding conditions on
1134 the ownership, use, and maintenance of open lands shown on a plat) and Subdivisions 2
1135 and 3 (to the extent the Town has added different and additional procedures and standards
1136 related to cluster subdivisions).
1137
23
Town of Ithaca, NY—Chapter 234: Subdivision of Land DRAFT 0611712026
MEETING OF THE ITHACA TOWN BOARD
June 22, 2026
TB Resolution 2026 - : Consent Agenda
Resolved that the Town Board approves, accepts, or acknowledges the following Consent
Agenda action:
a. Approval of Minutes
b. Town of Ithaca Abstract
c. Approval of revised Access to Public Records Policy
d. Approval of Employee Recognition and Support Policy
e. Approval of revised Personnel Policy—Travel and Training-Mileage
f. Resolution of Appreciation—Debby Kelley
g. Resolution of Appreciation—Joe Hulbert
Moved: Seconded:
Vote: ayes-
TB Resolution 2026— a: Approval of Town Board minutes
Resolved that the Town Board approves the draft minutes of the meeting on June 8, 2026, as
final with any non-substantive changes made.
TB Resolution 2026 -b: Town of Ithaca Abstracts No. 12 of FY-2026
Resolved that the Town Board authorizes the payment of the following audited vouchers in total for
the amounts indicated:
VOUCHER NOS. 2026 568 - 628
General Fund Town Wide 63,113.19
General Fund Part-Town 11,153.30
Highway Fund Town Wide DA 2,161.27
Highway Fund Part Town DB 132,431.88
Water Fund 867,070.89
Sewer Fund 103,624.42
Capital Projects 121,207.86
Risk Retention Fund 308.68
Fire Protection Fund 1,250.50
Trust and Agency 7,000.00
TOTAL 1,309,321.99
TB Resolution 2026—c: Approval of revised Access to Public Records Policy
Resolved that the Town Board approves and adopts the revised Access to Public Records Policy as
submitted, effective immediately.
1
TB Resolution 2026—d: Approval of Employee Recognition and Support Policy
Whereas, the Personnel & Organization Committee has reviewed the past practice guidelines on
when the Town would send bereavement flowers, employee appreciation increment amounts and
retirement celebrations and has recommended that a policy is more appropriate than guidelines,
and
Whereas, the Personnel & Organization Committee reviewed the draft Employee Recognition
and Support Policy and recommended approval by the Town Board; now therefore be it
Resolved, the Town Board approves the Employee Recognition and Support Policy as submitted,
effective July 1, 2026.
TB Resolution 2026 - e: Adoption of Revised Personnel Policy- Travel and Training
Whereas, the Personnel & Organization Committee has reviewed the revised Personnel Policy—
Travel and Training—Mileage Reimbursement-which provides additional language regarding
the use of Town vehicle(s) for travel and clarification on the calculation for reimbursable
mileage, and recommended approval, now, therefore, be it
Resolved, the Town Board approves the revised personnel policy, Travel and Training—Mileage
Reimbursement, as submitted, effective immediately.
TB Resolution 2026—f: Resolution of Appreciation—Debby Kelley
TB Resolution 2026—g: Resolution of Appreciation—Joe Hulbert
2
Revisions are needed to the Access to Records Policy and Procedure to match current processes
and to add the new requirement for personnel records requested and notification of the person
involved.
ACCESS TO PUBLIC RECORDS POLICY& PROCEDURE
POLICY:
Pursuant to FOIL, any person can request to receive, review or have physical copies made of all
public records.
Goal: Encourage and facilitate openness in government and ensure requests for records
are fulfilled in accordance with the New York State Freedom of Information Law(FOIL).
Intent: To make it as easy as possible for members of the public to access town records
and to remove any obstacles that could be perceived as unnecessarily delaying access to
open records.
DEFINITIONS:
FOIL—Freedom of Information Law—Public Officers Law, Article 6, Section 84-90
Laserfiche (LF)—The Town's digital records repository with public and internal facing portals.
Records—Any information kept, held, filed, produced, reproduced by with or for the Town, in
any form whatsoever(physical or digital), including but not limited to correspondence, reports,
statements, inspections,photos, recordings,permits, applications, memoranda, opinions, files,
manuals, pamphlets, forms, designs, drawings, maps,photos, letters, rules,policies,procedures,
regulations or codes.
Records Management Officer(RMO) and Records Access Officer(RAO) are often used
interchangeably. The RMO is tasked with the management,proper storage and archiving of all
town records. The RAO is responsible for coordinating the Town's response to requests for
records.
Determination of Appeals—Denial(s) - The officer(s)who will hear and determine appeals
regarding a denial of access to records.
Under NYS Town Law, the Town Clerk is the custodian of all Town records, and the Town
Board has designated the Town Clerk as the RMO and RAO for the Town. Tasks associated with
fulfilling requests for records can be delegated to other town staff as appropriate, and the Town
Board has designated the Town Board as the body to hear appeals of denials of access to records.
Adopted September 10, 2018 Pending Revision—2026 pg. 1
PROCEDURE:
Under FOIL:
a. Requests can be made via the LF request form, telephone, email or in person. A
request form, the name of the person making the request or the reason for the request
is not and cannot be required.
b. The Town Clerk must acknowledge receipt of a FOIL request within 5 days and
provide an estimated fulfillment date. *On demand requests when records are readily
available do not require acknowledgement but do require tracking.
c. The number of FOILS received and fulfilled or denied must be tracked.
Requests using the Laserfiche Form
Basic Requests -The Town Clerk will:
a. Acknowledge receipt of the request and provide an estimated fulfillment date of 5
business days.
b. Request the necessary records from the appropriate department(s)with the LF link
where records should be placed for fulfillment,
c. Fulfill the request when the department(s)have gathered the responsive records and
informed the Town Clerk that the compilation of the requested records is complete.
*On Demand Requests made to staff directly during consultations, inspections, or similar
interactions, can be fulfilled"on demand"by staff by emailing the records directly. Staff should
then complete the Laserfiche Internal FOIL Form to meet the State's tracking requirements.
Example—discussing a project and pulling up records; "Can I get a copy of that."
** If a request is very large, vague or might be related to litigation, or if you believe a record
should be withheld,you should refer the request or the person making the request to the Town
Clerk.
Complex Requests -The Town Clerk will:
a. Acknowledge receipt of the request and provide an estimated fulfillment date of 10
business days,
b. Request the necessary records from the appropriate department(s)with the LF link
where records should be stored for fulfillment, and request an estimate of the time
needed to fulfill the request,
c. If necessary, consult with departments and/or legal counsel, to determine the
responsive records and whether any may be withheld in part or in full,
d. Fulfill the request when the department(s)have gathered the responsive records and
informed the Town Clerk that the records are ready for fulfillment.
For example, a common misconception is that an engineer-stamped plan or document can be
withheld based solely on the professional stamp. This is not the case.
Personnel Information Requested:
If a request is made for personnel information on a current or former employee, the Director of
Human Resources shall inform the employee of the request and the documents fulfilling the
request via hard copy notice to the last known physical address and last known email address of
the employee.
Denials:
There is a legal process for denying any request in part or in full. If you believe there is a
permissible basis to withhold a record, refer the request or the person making the request to the
Town Clerk.
---------------Current policy follows ----------
Adopted September 10, 2018 Pending Revision—2026 pg. 3
Current Current Current Current Current
Town of Ithaca
Access to Public Records Policy& Procedure
Freedom of Information Law, Public Officers Law,Article 6, Sections 84-90
Policy: The Town follows New York State FOIL.
Goal: To make it as easy as possible for members of the public to access town records and to
remove any obstacles that could be perceived as unnecessarily delaying access to open records.
Intent: To encourage and facilitate openness in government and to ensure that requests for
information are fulfilled in accordance with the New York State Freedom of Information Law
(FOIL).
Pursuant to FOIL:
I. The Town Board has designated the Town Clerk as the Records Management Officer
(RMO) and Records Access Officer(RAO), which terms are used interchangeably in this
Policy and Procedure.
2. Any person can request to view or receive records. Requests can be made verbally, either
on the phone or in person, or in writing on any piece of paper, via email, or via the
Town's Request for Access to Records application via the website form.
FOIL advisory opinions state that people requesting records cannot be asked to give their
names or why they want access to the record(s). Access should be denied only if FOIL
allows the record to be withheld. Persons openly stating they want information for
solicitation purposes should be referred to the Records Access Officer(RAO). If a
request is vague, staff should make every attempt to assist the person in detailing exactly
what he or she is looking for.
When in doubt, staff should ask the RAO. There are documents that may be withheld,
but if you believe there is a permissible basis to withhold a record,please consult with the
RAO. For example, a common misconception is that an engineer-stamped plan or
document can be withheld based solely on the professional stamp. This is not the case.
If a request is large, vague or might be related to litigation, staff should work with the
RAO.
PROCEDURES
PROPERTY FILES (Codes and Planning)
Public Reviewing of Files
The digitized record is the official record and should be given to the requestor, if available. If
there is no digital copy, retrieve the hard copy.
Requests for Active Records
Active records are held upstairs and are easily accessible. Every effort should be made to fulfill
the request at the time it is made. No form or written request is necessary.
Example: Request for property files for a particular address. These files have been scanned into
Municity; please check there first. (Large parcels with fire and safety operating permits may still
be in the lateral files.)
Requests for Inactive Records
Inactive records are held in the archives vault or inactive storage room. If a request for inactive
records is made verbally, staff should fill out a Request for Access to Records form detailing the
request and tell the person approximately how long it will take to fulfill. Staff should inform the
person requesting access that personal information is optional but not required. If the person does
not wish to identify him- or herself, staff should ask how he or she would like to be contacted
when the request is fulfilled.
Example: Request for planning file associated with a particular property. These are kept
downstairs in the inactive room. Staff can state a reasonable time frame for retrieving the
document(s) and ask for contact information. Staff should record in writing and provide the
RAO the date(s) of the request and initial response (including the time frame given for producing
the records), and the date the request was fulfilled.
OTHER
For other records such as financial reports, Town Board correspondence, specific topics of
discussion, (Deer Management, Abstracts...)refer request to the Town Clerk.
Adopted September 10, 2018 Pending Revision—2026 pg. 5
Draft — Post P&O 5 2026
Employee Recognition and Support Policy
1. Purpose
The purpose of this policy is to provide consistent procedures for recognizing employees' contributions and
supporting employees during significant life events. This policy establishes standards for bereavement
acknowledgments, retirement recognition, and years-of-service awards. This policy applies to all regular full-time
and part-time employees and may include elected or appointed officials.
2. Policy Statement
The organization values employee contributions and seeks to recognize important milestones and provides
support during times of loss. Recognition and support activities will be administered fairly, consistently, and within
approved budget guidelines. Recognition practices under this policy will be administered consistently and without
discrimination.
3. Eligible Occasions
A. Years-of-Service Recognition
The organization recognizes employees for their dedication and commitment after every five (5)years of
continuous service. At an annual appreciation event employees will receive an appreciation certificate and a
gift card.
Gift card value will increase by$25 each five (5)year milestone. For example:
Years of Service Recognition
5 years $25 Visa/MasterCard Gift Card
10 years $50 Visa/MasterCard Gift Card
B. Bereavement Recognition
Bereavement Process
Human Resources will coordinate with the employee or official or one of their family members on what would be
the best recognition for their circumstances.
Managers/staff may coordinate group condolences outside of town-funded amounts on a voluntary basis.
Bereavement Recognition Guidelines
The employer may send flowers, or plants, and cards in the event of the death of:
• A current employee
• A current elected or appointed official
• An employee's or elected official's spouse/partner or child
Occasion Standard Recognition Maximum Amount
Death of employee/elected Flower arrangements, plants, or food donation $150
or appointed official
Employee's or elected
official's spouse/partner or Flower arrangements, plants or food donation $100
child
C. Retirement Recognition
Employees retiring with at least five (5)years of service are eligible for retirement recognition.
Retirement Recognition Guidelines
Town Board will recognize retiring individuals by approving a resolution of appreciation.
HR with department staff assistance will create the resolution of appreciation.
HR will provide a card and up to a maximum amount of$100 for refreshments.
Departments may host a retirement gathering with collections for a gift and additional refreshments.
Elected and appointed officials may also be recognized with a resolution of appreciation.
4. Approval and Administration
0 Human Resources will oversee administration of this policy.
Draft — Post P&O 5 2026
• All expenditure must remain within approved HR funded budget (A7550.405), which is established by
the Town Board annually.
• Exceptions to this policy require approval from Human Resources and Town Board
5. Policy Review
This policy may be reviewed and updated periodically by Town Board to ensure alignment with organizational
practices and budget considerations.
Effective Date:
Approved By Town Board -resolution 2026-xxx.
Current Policy: 4.2026
TRAINING AND TRAVEL POLICY AND PROCEDURES
C. MILEAGE REIMBURSEMENT:
Employees are encouraged to utilize an employer vehicle for travel whenever practicable.
Employees authorized to use their personal vehicle for travel to and from workshops,
seminars or for other work-related uses (e.g. travel to and from work sites or job related
errands) are entitled to mileage reimbursement. The rate used is the prevailing IRS
mileage allowance. The mileage should be calculated from place of work or home,
whichever, is closer to destination. Mileage shall be recorded and not estimated.
Draft Revised Policy: 4.2026
C. MILEAGE REIMBURSEMENT:
Employees shall utilize an employer vehicle for business travel whenever practicable.
However, some positions might not have the option, so in advance they may be
authorized by their supervisor to use their own vehicle. Reimbursements using the
prevailing IRS mileage rate is limited to business-related travel to and from meetings, job
locations, and training locations, but excludes normal commuting between home and the
workplace. Mileage shall be calculated to and from place of work or home, whichever,
is shortest or the most reasonable route. Mileage shall be recorded or calculated using
GPS.
Employees must submit to their supervisor for approval a voucher and mileage report,
before submitting it to Finance. Reports should be submitted within 5 business days
after training date or at least monthly for repetitive business travel, and must include the
date, purpose of travel, origin and destination, and total miles driven.
Parking fees, tolls, and other authorized travel expenses may be reimbursed separately
with proper documentation.