HomeMy WebLinkAboutPB Packet 2026-07-07 TOWN OF ITHACA PLANNING BOARD
Shirley A. Raffensperger Board Room, Town Hall
215 North Tioga Street
Ithaca,New York 14850
Tuesday, July 7,2026 6:30 P.M.
AGENDA
1. Persons to be heard.
2. Consider a recommendation to the Town Board regarding proposed amendments to Town Code,
Chapter 234, Subdivision of Land.
3. Approval of Minutes.
4. Other Business.
5. Adjournment.
C.J. Randall
Director of Planning
607-273-1747
Members of the public are welcome to attend meetings in person at Town Hall or virtually via Zoom videoconference at
https://us06web.zoom.us/i/83643764382 or by calling(929)436-2866 and entering Meeting ID:836 4376 4382.The public will
have an opportunity to see and hear the meeting live and provide comments directly to the Board during Persons to be Heard
and/or Public Hearing.
To watch the meeting live,please visit www.youtabe.com/channelfUCC9vycXkJ6klVIibihCy7NO/live.Recorded meetings are
viewable at YouTube.com/TownoflthacaVideo.
Written comments can be addressed to the Planning Board(in-person at Town Hall;by mail;or via email at
Planninggtownithacanygov)until noon the day of the meeting.Comments addressed to the Board will be distributed to all
Board members and Applicant(s).Comments received after the posting of the agenda packet(five business days prior to the
meeting)are distributed to the Board on the day of the meeting.Comments are public and become part of the project file.
Applications and associated project materials are available on the Town's website at https://townithacany.gov/meeting-
calendar-a eg ndas/under the calendar meeting date.
TOWN OF ITHACA
1B 21
NEW YORK
To: Planning Board Members
From: C.J. Randall, Director of Planning
Christine Balestra, Senior Planner
Date: June 30, 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 July 7, 2026, Planning Board meeting agenda for review and recommendation to the
Town 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.
In November 2023, town Planning staff introduced a significant update to Town Code Chapter 234
to the Codes and Ordinances Committee (COC). The COC reviewed the draft, provided input, and
suggested modifications. Town staff and the Attorneys for the town presented a revised draft 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. At the June 22, 2026, meeting, the Town Board
referred the draft 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
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.
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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. Here is a brief summary of the anticipated regulation review
cycle:
• 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
R5 in 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 TB-CB-PB review/referral/recommendations
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.
R5 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.
76 E. The words "may" and "should" are permissive.
77
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
98 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
Mresources, and conservation of natural, cultural, historic, or scenic resources.
98 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
98 family.
100 EASEMENT—A grant by the property owner to the public, a corporation, an individual, or other
181 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
184 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
184 street extending into the larger "flag" part of the lot.
Town of Ithaca, NY—Chapter 234: Subdivision of Land TB-CB-PB review/referral/recommendations
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
153 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).
163 SITE CAPACITY CALCULATION - A method of determining the maximum number of allowable
1g4 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 TB-CB-PB review/referral/recommendations
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 TB-CB-PB review/referral/recommendations
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 TB-CB-PB review/referral/recommendations
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
38
5 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 TB-CB-PB review/referral/recommendations
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.
353 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.
3372 C. Public hearing requirements, pursuant to § 234-11.
73
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 TB-CB-PB review/referral/recommendations
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 TB-CB-PB review/referral/recommendations
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
497 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 TB-CB-PB review/referral/recommendations
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 VI I, § 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 TB-CB-PB review/referral/recommendations
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
11
Town of Ithaca, NY—Chapter 234: Subdivision of Land TB-CB-PB review/referral/recommendations
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 TB-CB-PB review/referral/recommendations
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
�lp4♦ 4
nt 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 TB-CB-PB review/referral/recommendations
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
1�1 q1" 4
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 TB-CB-PB review/referral/recommendations
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) . anantLof
t—State
Parkland
Buildable Lands
(green &open space)
Vacant Let
stage—
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 TB-CB-PB review/referral/recommendations
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
16
Town of Ithaca, NY—Chapter 234: Subdivision of Land TB-CB-PB review/referral/recommendations
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 TB-CB-PB review/referral/recommendations
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 TB-CB-PB review/referral/recommendations
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.
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Town of Ithaca, NY—Chapter 234: Subdivision of Land TB-CB-PB review/referral/recommendations
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
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Town of Ithaca, NY—Chapter 234: Subdivision of Land TB-CB-PB review/referral/recommendations
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).
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Town of Ithaca, NY—Chapter 234: Subdivision of Land TB-CB-PB review/referral/recommendations
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
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Town of Ithaca, NY—Chapter 234: Subdivision of Land TB-CB-PB review/referral/recommendations
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
11244 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
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Town of Ithaca, NY—Chapter 234: Subdivision of Land TB-CB-PB review/referral/recommendations
TOWN OF ITHACA PLANNING BOARD
May 5, 2026
DRAFT MINUTES
The full video recording of this meeting is available on YouTube @TownoflthacaVideo
(Written comments submitted at the meeting or after posting of the official mailout packet and 24
hours after the meeting can be found in the updated packet online and will be filed permanently
with the project folder along with any other comments received after the post meeting deadline.)
Present: Liz Bageant, Vice Chair; Bill Arms, Kelda McGurk, Sara Reynolds, Vince Ferrara, and
Gideon CasperAbsent: Caitlin Cameron
CJ Randall, Director of Planning, Christine Balestra, Senior Planner; Susan Brock, Attorney for
the Town; Dana Magnuson, Senior Code Officer; David O'Shea, Director of Engineering;
Paulette Rosa, Town Clerk
Ms. Bageant opened the meeting at 6:30p.m.
1. Persons to be heard—None
2. Sketch plan review for the proposed SouthWorks' Woods mixed-income residential
project, located on the SouthWorks (formerly Chain Works District)project site off NYS
Route 96B/Danby Road, in Town of Ithaca Planned Development Zone No. 16. The
SouthWorks Woods project will involve the construction of eight residential buildings with a
total of 130 mixed-income apartments, including a community room, lounge, fitness center,
offices, maintenance areas, and storage. The Woods project will also include the
development of internal roads and infrastructure, a playground, sidewalks and path
connections, stormwater facilities, landscaping, outdoor lighting,parking, and other site
improvements.
The Woods project comprises a portion of the overall SouthWorks redevelopment project,
which is a multi-phased, mixed-use master planned development that involves repurposing
existing manufacturing buildings, and constructing new buildings,parking areas, open space
areas, roads, multi-modal transportation connections, stormwater facilities, and other site
improvements to accommodate new residential, office, commercial, and manufacturing
development within the Town and City of Ithaca. The entirety of the SouthWorks project
underwent a Generic Environmental Impact Statement (GEIS)process between 2014 and
2019, with the City of Ithaca as the Lead Agency in the environmental review. A GEIS was
prepared to address impacts of multiple actions within this specific, defined geographic area.
On May 21, 2019, the Town of Ithaca, as an Involved Agency in the environmental review,
issued a Findings Statement for the GEIS that included threshold conditions for future site-
specific projects associated with the overall development. The Town of Ithaca Planning
Board will be the Lead Agency in the Woods project review and will determine if the Woods
project exceeds the threshold conditions outlined in the GEIS Findings Statement. Shift
PB 2026-05-05 (Filed 5111) Pg. 1
Chainworks Owner 1 LLC, Owner; Beacon Communities, Applicant; James Gensel, Fagan
Engineers & Land Surveyors, PC, Agent.
A full contingent of representatives from SouthWorks' Woods project were present and gave a
presentation and detailed history of the SouthWorks approval processes so far. (Attachment 1)
• Larger project has been in the works for about 15 years on 95 acres and over 800k square
feet of old factory buildings
• Included a Generic Environmental Impact Statement (GEIS) and NYS environmental
cleanup inspections
• "The Woods"is one phase of the overall project which is on the Town's property
• Proposed 130 units by Beacon Communities (background given)
• Mixed income between 50% and 80% of AMI
• Mix of 1-, 2-, and 3-bedroom apartments and townhomes (CW2)
• Focused on the PDZ, PUD and GEIS constraints and rules
• Town of Ithaca won a $5M grant for infrastructure
• Applicants' ideal timeline for their financing is to have all approvals and building permits
by November 2026 with occupancy in early 2028
• Topography is steep; development follows topography
• Layout includes two and three-story buildings stepped into the topography with a play
area and paths and the future connection to the Gateway Trail
• 24 acres left undeveloped
• Two entrances off NYS Route 96B/Danby Road
• Existing water and sewer available
Discussion
The Board asked questions related to stormwater management and impacts to the stream on the
property. There was discussion about DEC and Army Corps permitting, locations of existing and
proposed water and sewer supply, and whether structural fill would be needed in some areas.
There were additional questions about proposed parking, types of buildings being proposed,
future development of the other part of Sub Area CW2, and impacts to viewsheds. The Board
expressed concern about mechanical equipment on building roofs and will want to see how
viewsheds are affected and/or optimized from various viewpoints.
The Applicants explained that they will use soffits to shield rooftop HVAC to the best of their
ability and they hope a traffic signal will be approved by NYS DOT,but that is out of their hands
and finally, they realize the SWPPP is going to be critical and it will go through numerous
reviews and must be accepted by the Town and the City of Ithaca.
They emphasized that this is a big project at full build out meant to be a community with retail
and services as well as residential and recreational areas.
The Board was generally in favor of the project and stated they look forward to more details in
the next step.
PB 2026-05-05 (Filed 5111) Pg. 2
Ms. Bageant asked Planning to review the next steps.
Ms. Balestra said the next step is for staff to go through the GEIS/Finding Statement, the PDZ,
and work on requesting and getting submittals from the Applicants. The Planning Board can then
determine whether or not any GEIS thresholds have been exceeded, which could reopen SEQR
review. If none of the thresholds are exceeded, then the environmental review is done for this
project.
Then, the next step would be working with all departments and the Applicant to move towards a
submission for Site Plan approval.
The Board felt the review of the GEIS/Finding statement and whether any thresholds were
exceeded should be a separate meeting from the Site Plan review.
Ms. Randall noted that the Staff from the Town and the City have a good working relationship
and there is a lot of work that needs to be done before this comes back to this Board.
3. Approval of Minutes
Motion made by Vincent Ferrara, seconded by Sara Reynolds to accept the draft minutes of
March 3, 2026, as final as submitted; unanimous.
4. Other Business
Ms. Randall noted the Planning Board Primer was included in the packets.
Reviewed the next meeting agenda.
The meeting was adjourned upon a motion and a second; unanimous.
Submitted by
Paulette Rosa
Town Clerk
PB 2026-05-05 (Filed 5111) Pg. 3
TOWN OF ITHACA PLANNING BOARD
May 19, 2026
DRAFT MINUTES
The full video recording of this meeting is available on YouTube @TownoflthacaVideo
(Written comments submitted at the meeting or after posting of the official mailout packet and 24
hours after the meeting can be found in the updated packet online and will be filed permanently
with the project folder along with any other comments received after the post meeting deadline.)
Present: Caitlin Cameron, Chair; Liz Bageant, Bill Arms, Kelda McGurk, Vince Ferrara, and
Gideon Casper Absent: Sara Reynolds
CJ Randall, Director of Planning; Susan Brock, Attorney for the Town; Dana Magnuson, Senior
Code Officer; Justin McNeal, Acting Director of Engineering; Paulette Rosa, Town Clerk
Ms. Cameron opened the meeting at 6:30p.m.
1. Persons to be heard -none
2. Special Permit for the installation of an underground electrical service to be located within
the Stream Setback Zone at 681 Five Mile Drive, located in the Low Density Residential
Zone. Proposed work includes excavation of a trench approximately 4" wide and 18"inches
deep for conduit installation extending from the existing utility pole to an existing barn
located in the rear of the property, followed by backfilling and reseeding disturbed areas.
This project also includes proposed outdoor sconces and a flood light above the barn's
overhead doors. This is a Type II Action under the State Environmental Quality Review Act
and is not subject to environmental review. Neil Shipman, Owner/Applicant.
Overview
Mr. Shipman explained that he would like to run electrical conduit to his barn from the street
pole, at a 45 degree angle for about 15' feet to his barn because although he thought the windows
would be enough light, they are not, and he would like to be able install door openers for easier
access by his wife and mother and be able to charge some small equipment.
The line will not encroach into the stream setback past the rear of 681 B and not fill is being
removed and the trench will be backfilled. The closest the ditch will be to the stream is 25' feet
and putting it there will avoid any existing trees and shrubbery from being disturbed in the
process.
Questions
Ms. Brock explained the Towns Stream Setback Zones, saying that Zone 1 is 30' feet from the
stream and Zone 2 is an additional 20' feet from Zone 1. Each Zone has different regulations,
and she read them from the Town Code. Laying of utility connections is permitted in either Zone
upon Special Permit by the Planning Board.
PB 2026-05-19 (Filed 5/20) Pg. 1
Ms. Cameron asked about the lighting listed.
Ms. Brock responded that they are not within the Stream Setback and therefore not under the
Board's purview. Any lighting must meet Town regulations and will be under Code
Enforcement's purview during the permitting process.
Public Hearing—Ms. Cameron opened the public hearing; there was no one wishing to speak
and the hearing was closed.
Determination
The Board discussed the revised draft resolution. The Board agreed that a revised survey is not
necessary.
PB Resolution 2026-004: Special Permit
681 Five Mile Drive Barn Electrification
Tax Parcel 31.-2-21.2
Whereas:
1. This action is a consideration of Special Permit for the installation of an underground
electrical service to be located within the Stream Setback Zone at 681 Five Mile Drive,
located in the Low Density Residential Zoning District. Proposed work includes excavation
of a trench approximately four inches wide by 18 inches deep for conduit installation
extending from the existing utility pole to an existing barn located in the rear of the property,
followed by backfilling and reseeding disbursed areas. This project also includes proposed
outdoor sconces and a flood light above the bam's overhead doors. This is a Type II Action
under the State Environmental Quality Review Act and is not subject to environmental
review. Neil Shipman, Owner/Applicant,
2. In accordance with 6 NYCRR 617.5(c)(13) State Environmental Quality Review, "extension
of utility distribution facilities, including gas, electric, telephone, cable, water and sewer
connections to render service in approved subdivisions or in connection with any action on
this list" are Type II Actions and not subject to environmental review, and
3. Per the Inter-governmental Agreement between the Town of Ithaca and the Tompkin County
Planning and Sustainability Department, dated August 3, 2004, special permits or site plan
reviews for permitted accessory uses and home occupations on residential lots, are of local,
rather than inter-community or county-wide concern, and are therefore not subject to referral
to the Tompkins County Planning and Sustainability Department under New York State
General Municipal Law, Article 12-13, §§239-1, -m, and-n; and
4. The Planning Board, at a Public Hearing held on May 19, 2026, reviewed and accepted as
adequate a project narrative and a survey map entitled"No. 681 Five Mile Drive Town of
Ithaca, Tompkins County,New York,"prepared by T.G. Miller P.C., and other application
materials; now, therefore,be it
PB 2026-05-19 (Filed 5/20) Pg. 2
Resolved:
1. That the Planning Board hereby finds that the special permit standards of Article XXIV
Section 270-200, Subsections A—H, of the Town of Ithaca Code, have been met, specifically
that:
A. The project will be suitable for the property on which it is proposed, considering the
property's size, location, and physical site characteristics.
• The project includes underground installation of an electrical service line
extending approximately 200 feet from an existing utility pole along Five Mile
Drive to an existing barn on a 3.0+/- acre parcel. The proposed improvements
work with the site's existing physical characteristics.
B. The proposed structure design and site layout are compatible with the surrounding
area.
• There are no proposed new structures and no changes to the site layout, other than
installing underground electrical service line and outdoor lighting features.
C. Operations in connection with the proposed use do not create any more noise, fumes,
vibration, illumination, or other potential nuisances than the operation of any
permitted use in the particular zone.
• The use of the property will not change. The proposed trenching for an electrical
service line will create temporary impacts that will cease when the work is
completed.
D. Community infrastructure and services, such as police, fire and other protective
services, roadways, schools, and water and sewer facilities are currently, or will be, of
adequate capacity to accommodate the proposed use.
• There are no changes to existing infrastructure and services. All infrastructure to
accommodate the existing use is in place and is of adequate capacity.
E. The proposed use, structure design, and site layout will comply with all the provisions
of the Town Code and with the Town of Ithaca Comprehensive Plan.
F. The site layout, with proposed vehicular, bicycle and pedestrian access, traffic
circulation, and parking and loading facilities, is sufficient for the proposed use and is
safely designed for emergency vehicles.
• There are no proposed changes to the existing site layout. All existing vehicular,
bicycle, and pedestrian areas will remain unchanged after completion of the
project.
G. The project includes sufficient landscaping and/or other forms of buffering to protect
surrounding land uses. Existing vegetation is preserved to the extent possible.
• The site contains a dense row of trees between the project area and the
neighboring property to the north. The project area does not include removal of
vegetation, other than the removal of small areas of grass along the trench that
will be backfilled and reseeded.
H. To the extent deemed relevant by the Planning Board, the proposed use or structure
complies with all the criteria applicable to site plan review set forth in Chapter 270,
Zoning.
• Site Plan approval is not required with this Special Permit. This criterion is not
applicable to the project.
PB 2026-05-19 (Filed 5/20) Pg. 3
2. That the Planning Board hereby grants Special Permit for the proposed 681 Five Mile Drive
Barn Electrification.
Moved: Vincent Ferrara Seconded: Liz Bageant
Vote: ayes—Ferrara, Bageant, Cameron, Arms, McGurk and Casper
3. Other Business
Ms. Randall introduced Nate VanWhy from PMV Legal as the Towns new Attorney for the
Town who will be attending meetings and taking over from Ms. Brock.
Mr. Van Why gave an overview of his firm and the structure for Staff and Members, adding that
he will attend the next few meetings if they occur, as an observer in preparing for the transition.
No business scheduled for the June 2nd, and possibly the June 16th meetings. The June 2nd
meeting was canceled upon a motion and a second; unanimous.
The meeting was adjourned upon a motion and a second; unanimous.
Submitted by
Paulette Rosa, Town Clerk
PB 2026-05-19 (Filed 5/20) Pg. 4